HomeMy WebLinkAboutFindings of Fact 12-17-07
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CARMELlCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
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Docket No.:
Petitioner:
07110014V - Elimination of Bicycle Parking Requirement
Deca HoldinQs, LLC, Deca Environmental & Associates, Inc. and Jim B. Euler, and their
successors and assiQns
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FINDINGS OF FACT - DEVELOPMENT S'f ANDARDS 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 Applicant operates a very low impact type of professional office. Employees and customers of
the Applicant do not ride their bicycles to this site. If they did ride their bicycles to the site, the
Applicant has a garage that can accommodate bicycle parking. Thus, the granting of this variance
will not be iniurious to the public health, safety, morals and Qeneral welfare of the community,
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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:
In addition to the same rationale set forth in Response Numbered One (1) above. the use and value of the
area adiacent to the subject property should not be affected in a substantiallv adverse manner because
persons utilizinQ bicycles could park in the Applicant's QaraQe.
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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:
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above. the strict
application of the terms of the Zoninq Ordinance to the property will result in practical difficulties because the
Applicant would be required to spend money to provide for bicycle parking when parkin/;! already exists for
parkin/;! in the Applicant's QaraQe.
DECISION
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IT IS THEREFORE the decision of the Cannel/Clay Board of Zoning Appeals that
Variance Docket No. 07110014V is granted, 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 1 ih day of December
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SECRETARY, Carmel/Clay Board of Zoning Appeals
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
07110015V - Elimination for Sidewalk Requirement alon!:! 4th Street
Deca HoldinQS. LLC. Deca Environmental & Associates. Inc and Jim B. Euler. and their
successors and assiQns
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FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
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1.
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
Currently no sidewalk exists on the north side of 4th Street. If the Applicant were not seeking a use
variance for the site. the current condition would remain. Further. iftbe Applicant did in fact build
a side walk on his property adiacent to 4th Street it would not connect to anything. Thus. the
granting ofthis variance will not be injurious to the public health, safety. morals and Qeneral welfare of the
community.
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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:
In addition to the same rationale set forth in Response Numbered One (1) above. the use and value of the
area adiacent to the subiect property should not be affected in a substantially adverse manner because no
sidewalk exists on this side of 4th Street at the current time.
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3. The strict application of the tenns of the Zoning Ordinance to the property will result in practical
difiiculties in the use of the property because:
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above. the strict
application of the terms of the ZoninQ Ordinance 10 the property will result in practical difficulties because the
Applicant would be required to spend money to construct a sidewalk that does not connect to another
sidewalk and would most likely not be used by pedestrians.
DECISiON
IT IS THEREFORE the decision of the Cannel/Clay Board of Zoning Appeals that
Variance Docket No.07II OOISV is granted, granted subject to any conditions stated in the minutes
of this Board which are incorporated herein by r rence and made a part hereof.
Adopted this 1 ih day of Decem
ay Board of Zoning Appeals
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BZA Member,
(name)
SECRETARY, Carmel/Clay Board of Zoning Appeals
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
07110014V - Elimination of Bicycle ParkinQ Requirement
Deca HoldinQs, LLC, Deca Environmental & Associates, Inc. and Jim B. Euler, and their
successors and assiQns
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 Applicant operates a very low impact type of professional office. Employees and customers of
the Applicant do not ride their bicycles to this site. If they did ride their bicycles to the site. the
Applicant has a garage that can accommodate bicycle parking. Thus. the granting of this variance
will not be iniurious to the public health, safety, morals and qeneral welfare of the community.
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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:
In addition to the same rationale set forth in Response Numbered One (1) above, the use and value of the
area adiacent to the subiect property should not be affected in a substantially adverse manner because
persons utilizinq bicycles could park in the Applicant's qaraQe.
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:
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above, the strict
application of the terms of the Zoninq Ordinance to the property will result in practical difficulties because the
Applicant would be required to spend money to provide for bicycle parkinQ when parkin!:) already exists for
parkinq in the Applicanfs Qaraqe.
DECISION
IT IS THEREFORE the decision of the Cannel/Clay Board of Zoning Appeals that
Variance Docket No. 07110014V is granted, granted subject to any conditions stated in the
minutes of this Board which are incorporated herein by reference and made a part hereof.
BZA Member,
(name)
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SECRET AR Y, Carmel/Clay Board of Zoning Appeals
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No_:
Petitioner:
0711 0015V - Elimination for Sidewalk Requirement alonQ 4th Street
Deca Holdings, LLC, Deca Environmental & Associates, Inc. and Jim B. Euler, and their
successors and assiqns
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:
Currently no sidewalk exists on the north side of 4th Street. lithe Applicant were not seeking a use
variance for the site, the current condition would remain. Further, if the Applicant did in fact build
a side walk on his property adiacent to 4th Street it would not connect to anything. Thus, the
granting of this variance will not be iniurious to the public health, safety. morals and Qeneral welfare of the
community.
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2.
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The llse and value of the area adjacent to the property included in the variance will not be affected
in a substantially adverse manner because:
In addition to the same rationale set forth in ReSPonse Numbered One (1) above. the use and value of the
area adiacent to the subiect property should not be affected in a substantially adverse manner because no
sidewalk exists on this side of 4th Street at the current time.
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;
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above. the strict
application of the terms of the ZoninQ Ordinance to the property will result in practical difficulties because the
Applicant would be required to spend money to construct a sidewalk that does not connect to another
sidewalk and would most like IV not be used by pedestrians_
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DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Variance Docket No.07110015V is granted, granted subject to any conditions stated in the minutes
of this Board which are incorporated herein by reference and made a part hereof
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Adopted this 1 ih day of December,
resident, Carmel/Clay Board of Zoning Appeals
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BZA em er, ,- (name)
SECRETARY, Cannel/Clay Board of Zoning Appeals
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.
Petitioner:
successors and assians
07110013 UV - Use Variance to permit low intensity professional offices
Deca Holdinas. LLC. Deca Environmental & Associates. Inc, and Jim B. Euler, and their
FINDINGS OF FACT - USE VARIANCE
1. The grant of this variance will not be contrary to the public interest, due to the existence of special
conditions(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because:
The subiect site is currently zoned R3 and does not permit a low impact professional office type of use:
however, the site is surrounded by 85 and 81 zonina and other use variances have been granted for
other properties in the aeneral area to permit non-residential uses. Enforcement of the current zoning
classification of R3 results in an unnecessary hardship because the Applicant would be prevented from
operatina a low impact type of professional office use that would be appropriate for this site and the
aeneral area. As a result of the foregoina, the arant of this use variance would not be contrary to the
public interest and would prevent and unnecessary hardship on the Applicant.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
In addition the same rationale set forth in Response Numbered One (1) above. the qranting of the
requested use variance will allow for an appropriate low impact type of professional office use for this site
and it would not beobiectionable to the surrounding neighbors and would be consistent with the zoning
classification for the parcels that surround this site, As a result of the foregoing. the grant of the
requested use variance will not be iniurious to the public health. safety, morals and aeneral welfare of the
community.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because:
In addition to the same rationale 'set forth in Response Numbered One (1) and Two (2) above, the use
and value of the area adiacent to the subject property will not be substantiallv affected in any adverse
manner because the site is already bejna used as a low impact professional office use and has not
resulted in any neaative impact to the surrounding uses or homes in the aeneral vicinity.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
In addition to the same rational set forth in Responses Numbered One (1). Two (2) and Three (3) above.
the need for this use variance does arise from a natural condition peculiar to the subiect property because
the currenlzonina of R3 does not permit a low im'pact professional office type of use on this site. butlhe
properties that are immediately adjacent to the site do have a zonina classifications that would permit a
low impact professional office types of uses,
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
In addition to the same rationale set forth in Responses Numbered One (1). Two (2). Three (3) and Four
(4) above. the proposed low impact professional office use for this site is consistent with zonina and use
of many of the surroundina properties and it is compatible with the principles and quidelines contained in
the Comprehensive Plan applicable to this particular area of Old Town.
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DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
07110013 UV is granted, subject to any conditions in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
AdOP~ 17 d Y of D~cember, 2007.
CHAIRPERSON, Car el/Clay Board of Zoning Appeals
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SECRETARY, Carmel/Clay Board of Zoning Appeals
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