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Home My WebLink AboutFindings of Fact CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 071 00026V - Retail Entrances not immediatelv adiacent to Public Street or Open Drive Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATEDTHIS~DAYOF !\)Cj~bP/ 2007. ~er~ 1027835_1.DOC CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No, :07100026 V (Retail entrances on West Facade not immediately adjacent to Public Street or Open Drive) Petitioner: Thomas English Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The allowance of the entrances on the west facade will enhance the appearance of the building as seen from Pennsylvania Street without injury or effect on the public health, safety, morals or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The entrances enhance the building appearance as seen from Pennsylvania Street and will have no adverse impact on the surrounding properties or on the adjacent area. 3. The strict application ofthe terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: This building is being built on an outlot with exposure to both Pennsylvania Street and Carmel Drive but only one "drive." Application of the Ordinance would limit the entrances only to the South fa~ade preventing a more efficient development fronting on both streets. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100026 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this d-tfTh day of IV 11~.Le/ , 2007,-~ CHAI RPERSON, Carmel/Clay Boaed of Zoning Appeals ~ - ("- SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 1 028344_1.DOC 'd ,.~ CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100026V - Retail Entrances not immediatelv adiacent to Public Street or Open Drive Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATEDTHIS~DAYOF ~ 2007. 1mj~f?t/7JwI Board Member 1027835_1.DOC ,,~ ,I 1 CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00026V - Retail Entrances not immediatelv adiacent to Public Street or Open Drive Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS~DAY OF ~?~~r- ~~ /'Board Member 2007. ~ 1027835_1.DOC ... , :. i CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket NO.:071 00026 V (Retail entrances on West Facade not immediately adjacent to Public Street or Open Drive) Petitioner: Thomas Enqlish Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The allowance of the entrances on the west facade will enhance the appearance of the building as seen from Pennsylvania Street without injury or effect on the public health, safety, morals or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The entrances enhance the building appearance as seen from Pennsylvania Street and will have no adverse impact on the surrounding properties or on the adjacent area. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: This building is being built on an outlot with exposure to both Pennsylvania Street and Carmel Drive but only one "drive." Application of the Ordinance would limit the entrances only to the South fa~ade preventing a more efficient development fronting on both streets. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100026 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ptedthis ?(;,fh day of ~~-- ,2007. #~ - C PERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign)_ 1028344_1.DOC " CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 071 00027V - Parkinq between buildinQ front and public street Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 2Jf!!DAY OF If)over..w 2007. ~~ ~ 1027835_1.DOC ., CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100027 V ( parking spaces between building front and public street) Petitioner: Thomas Enqlish Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The parking spaces are minimal in number and will be screened from Carmel Drive without injury to the public health, safety, morals or general welfare of the community, 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: These spaces will have no impact or effect on the adjacent properties or area. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: This site is an outlot within the Meijer Zone, a unique part of the Old Meridian District and because of necessary location of the building, the existing "open drive" and parking requirements, these few spaces will be located between the building front and Carmel Drive but not adjacent to the retail entrances so the storefront remains adjacent to the "drive." DECISION - SECRETARY, Carmel/Clay Board of Zoning Appeals ------- Conditions of the Board are listed on the back. (Petitioner or his representative to 5ign)_ 1028344JDOC .f CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00027V - Parkinq between build inq front and PU blic street Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ;;<10 DAY OF 7l /Jl.r 2007. ia~~~ Board Member 1027835_1.DOC c~~ 'i . CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00027V - Parkin'=! between buildinq front and public street Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS h:, fttoAY OF ~"'~/ 2007. ~~~ ~ard Mem ber ' ( 1027B35_1.DOC ,. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: 07100027 V ( parking spaces between building front and public street) Petitioner: Thomas Enqlish Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The parking spaces are minimal in number and will be screened from Carmel Drive without injury to the public health, safety, morals or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: These spaces will have no impact or effect on the adjacent properties or area. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: This site is an outlot within the Meijer Zone, a unique part of the Old Meridian District and because of necessary location of the building, the existing "open drive" and parking requirements, these few spaces will be located between the building front and Carmel Drive but not adjacent to the retail entrances so the storefront remains adjacent to the "drive." DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. _is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of jt~~~ ,2007. '0-' .~ PERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 1028344_1.DOC j. CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 071 00028V - Siqnaoe not facino a public street (East Facade) Thomas Enolish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATEDTHIS~DAYOF flJtl~W 2007. 1027835_1 DOC T ~'>;. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100028 (East Facade signage not facing a pu blic street) Petitioner: Thomas EnQlish Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional signage on the east facade will help to better identify the "corner" tenant without injury to the public health, safety, morals or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The additional sign will enhance the tenant's business and thereby enhance the value of building without any adverse effect on the surrounding properties or adjacent area. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: A significant number of people use the main north-south entrance off Carmel Drive to and from the Meijer Store and this sign will help to identify the corner tenant to members of the public using this "open drive." DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100028 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this ~ day of I1.hVC"^W , 2007. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the ba SECRETARY, Carmel/Clay Board of Zoning Appeals 1028344_1 DOC .. 'J CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00028V - Siqnaqe not facinq a public street (East Facade) Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS a(i/ DAY OF !lm;-, 2007. I i . ~-- fm>>rkL/ Board Member 1027835_1.DOC -, :? CARMEl/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100028V - Siqnaqe not facinq a pubHc street (East Facade) Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ~"f1lAY OF /lU---?~"-- 2007. ~~ ~rd Member 1027835JDOC ,! .t' CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100028 (East Facade signage not facing a public street) Petitioner: Thomas Enqlish Retail Real Estate. LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional signage on the east facade will help to better identify the "corner" tenant without injury to the public health, safety, morals or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The additional sign will enhance the tenant's business and thereby enhance the value of building without any adverse effect on the surrounding properties or adjacent area. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: A significant number of people use the main north-south entrance off Carmel Drive to and from the Meijer Store and this sign will help to identify the corner tenant to members of the public using this "open drive." DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100028 V is granted. subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of ~.~,,--. " ,2007. C PERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions ofthe Board are listed on the back. (Petitioner or his representative to sign). 1028344_1.DOC I CARMEl/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100028V - Siqnaqe not facinq a public street (North Facade) Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. t-~~/h:~ Iz, ~rh I (/r?l7 s;F , DATEDTHIS ~DAYOF J4-.~k--'- 2007. ~~ ;Board Mem ber ^ 1027835 _ 1.DOC ~J CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100028 V (North Facade signage not facing a public street) Petitioner: Thomas Enqlish Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The s ignage on the North facade will be designed to provide effective yet appropriate identification for the tenants in this retail building without injury to the public health, safety, morals, or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: This signage will be designed to be incidental without impact or effect to the adjacent area and properties. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Traffic utilizing the main east-west and north-south "open drives" will be unable to identify the tenants in the retail building. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100028 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of .... ~~ ,2007. PERSON, Carmel Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 1028344_1 DOC CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100028V - Siqnaae not facinqa public street (North Facade) Petitioner: Thomas English Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. 2. 3. ~) t l ( ('Jot ~\v If- ~N lJ R>'~ r-'~ 'i I / Qol.. harr! l\ L ;:/) I t ~t-~ {./~ clAw DATED THIS:J.-,('T~DAY OF ItJr7~.--..~ 2007. ~ P -~/ 1027835_1 DOC - " CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100028 V (North Facade signage not facing a public street) Petitioner: Thomas Enqlish Ret~il Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The signage on the North facade will be designed to provide effective yet appropriate identification for the tenants in this retail building without injury to the public health, safety, morals, or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: This signage will be designed to be incidental without impact or effect to the adjacent area and properties. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Traffic utilizing the main east-west and north-south "open drives" will be unable to identify the tenants in the retail building. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100028 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of ,2007. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 1028344_1.DOC 'y CARMEL/CLAY BOARD OF ZONING APPEALS Docket No.: NO . 61 bNS Petitioner: Thomas English Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. E)fJ DATED TH IS DAY OF 2007. i~ Board Member 1027835_1'oOC CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00029V -Number of tenant signs Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DA TED THI~.{J--6;A DAY OF It; O\~ ~;^ 2007. ~ ~e er c. 1027B35_1.DOC T CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100029 V (Number of tenant signs) Petitioner: Thomas Enqlish Retail Real Estate. lLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional signage will be designed to provide effective yet appropriate identification for the tenants in this retail building without injury to the public health, safety, morals, or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: This additional signage will not have any impact or effect to the adjacent area and properties. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Traffic utilizing the main east-west and north-south "open drives" will be unable to identify the tenants in the retail building. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100029 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this Q..c( 1-h day of /lJc~~ ,2007. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals --- Conditions of the Board are listed on the back. (Petitioner or his rep 1028344_1 DOC 1 ~T CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 QOQ29V -Number of tenant siQns Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS '2b~AY OF ~~ 2007, ~/C;#z--' J'Oard Mem ber 1027835_1 DOC -~ . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100029 V (Number of tenanl signs) Petitioner: Thomas EnQlish Retail Real Estate, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional signage will be designed to provide effective yet appropriate identification for the tenants in this retail building without injury to the public health, safety, morals, or general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: This additional signage will not have any impact or effect to the adjacent area and properties. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Traffic utilizing the main east-west and north-south "open drives" will be unable to identify the tenants in the retail building. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100029 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of N,.,cvY?~ ,2007, If" RSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign)_ 1 028344~ 1_DOC .v CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00029V -Number of tenant signs Petitioner: Thomas Enqlish Retail Real Estate FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. lUrzr. 2007. DATED THIS Zh DAY OF '1:fJaurU/ Board Mem ber 1027835_1.DOC