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HomeMy WebLinkAboutFindings of Fact /J BALLOT SHEET Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA 07110006V - Reduction of Reauired Front Yard Greenbelt.- 0 7 ;j!6 (J /2 t/ Mike's Car Wash. Inc.. and their successors and assians 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: 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantiaIly adverse manner because: 3. The strict application of the terms ofthe Zoning Ordinance to the property will result in practical difficulties in the use of the property because: DECISION IT IS THEREFORE the decision of the Camlel/Clay Board of Zoning Appeals that Variance Docket No. 07110006V is granted, granted subject to any conditions stated in the minutes of this Board whicbare incorporated herein by reference and made a part hereof, or denied (circle applicable determination). Adopted tills 28th day of January, 2008. BZA President, Carmel/Clay Board of Zoning Appeals ~-~\ C- A Member, = ~ (name) SECRETARY, Carmel/Clay Board of Zoning Appeals ~ BALLOT SHEET CARMEUCLAY BOARD OF ZONING APPEALS RMEL, INDIANA Docket No.: Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE I. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: 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: 3. The strict application of the te111lS of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: DECISION IT IS THEREFORE the decision of the Cannel/Clay Board of Zoning Appeals that Variance Docket No. 07110006V 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, or denied (circle applicable determination). Adopted this 28th day of January, 2008. IlZA presidCIt:n:Cl~ or Zoning Appeals BZA Member, /Cff f>-.. JJ~Ift1! (name) SECRET AR Y, Cannel/Clay Board of Zoning Appeals CARMELfCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110006V - Reduction of Required Front Yard Greenbelt Mike's Car Wash. Inc. and their successors and assigns FINDINGS OFFACT- DEVELOPMENT STANDARDS VARIANCE I . The approval of this variance will not be injurious to the publ ic health, safety, morals and general welfare of the community because: Mike's is seeking reduction of the front yard green-belt buffer adjacent to Michigan Road from 30' to 10'. To mitigate this request Mike's has obtained approval from the Indiana Department of Transportation (mOOT) to encroach approximately 17' into their ROW to install a mound and additional landscaping adjacent to Michigan Road in order to provide additional bufferi.ng. Consequently, although Mike's is seeking a 20' reduction in the front yard green-belt buffer adjacent to Michigan Road, they will be using an additional 17' feet of the INDOI' ROW, so the net reduction of buffering is actually only 3'. As a result, the variance wil1 not be injurious to the public health, safety, morals and general welfare because the Applicant is miti.gating the request by providing buffering into the mDOT ROW. 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 rationale included in Response Numbered 1 above, the area adjacent to the site and in the general area consists of many types of business, retail and office uses. Further, the site is zoned I-I Industrial, As a result, the use and value of the area adjacent to the property included in the varimlce will not be affected in a substantially adverse manner. 3. The strict application of the tennsof the Zoning Ordinance to the property will result in practical difficulties in the use ofthe property because: In addition to the rationale included ill Response Number 1 and 2 above, the strict application of. tenos of the Zoning Ordinance to the property will result in a practical difficult.y because the Applicant will be unable to construct an appropriate car wash facility that is pennitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No.07110006V 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 28th day of January, 2008. BZA President, Carmel/Clay Board of Zoning Appeals L+- /11 ;;LA- BZA Member, ;t:tJVf n-. j?!~114r (name) SECRETARY, Cannel/Clay Board of Zoning Appeals BALLOT SHEET Docket No.: Petitioner: CARMELlCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA () ::t /I oo<l>d-. V 0711aoa6V - Reduction of Reaulred Front Yard Greenbelt Mike's Car Wash, Inc.. and their successors and assians FINDINGS OF FACT - DEVELOPMENT ST 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: 2. The use and value of the area adjacent to the propelty included in the variance will not be affected in a substantially adverse manner because: 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: DECISION IT IS THEREFORE the decision of the Cannel/Clay Board of Zoning Appeals that Variance Docket No. 07110006V 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, or denied (circle applicable determination). Adopted this 28th day of January, 2008. 'ng Appeals (name) SECRETARY, Carmel/Clay Board of Zoning Appeals CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110006V ~ Reduction of Required Front Yard Greenbelt Mike's Car Wash. Inc. and their successors and assiqns FINDINGS OF F ACT ~ 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: Mike's is seeking reduction of the front yard green-belt buffer adjacent to Michigan Road from 30' to 10'. To mitigate this request Mike's has obtained approval from the Indiana Department of Transportation (INDOT) to encroach approximately 17' into their ROW' to install a mound and additional landscaping adjacent to Michigan Road in order to provide additional buffering. Consequently, although Mike's is seeking a 20' reduction in the front yard green-belt buffer adjacent to Michigan Road, they will be using an additional 1 T feet of thc INOOT ROW, so the net reduction of buffering is actually only 3'. As a result, the variance will not be injurious to the public health, safety, morals and general welfare because the Applicant is mitigating the request by providing buffering into the INDOT ROW. 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 rationale included in Response Numbered 1 above, the area adjacent to the site and in tbe general area consists of many types of business, retail and office uses. Further, the site is zoned 1-1 Industrial. As a result, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 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 rationale included in Response Number I and 2 above, the strict application of. tenns of the Zoning Ordinance to the properly will result in a practical difficulty because the Applicant will be unable to construct an appropriate car wash facility that is permitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No.07110006V 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 28th day of January, 2008. BZA President, Carmel/Clay Board of Zoning Appeals n;;:i!:~~ (name) SECRETARY, Carmel/Clay Board of Zoning Appeals <i ,"~ BALLOT SHEET Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA 07110006V - Reduction of Required FrontYard Greenbelt - 01 11 (j(j 12-- V Mike's Car Wash. Inc.. and their successors and assigns FINDINGS OF FACT - DEVELOPMENT ST 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: 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: 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: CuU'l.4-V~v..t&~'nt1(se t?r/c~w~~ -s~r9V7 tVr.'"2-0 C?, h' DECISION IT IS THEREFORE the decision of the Cannel/Clay Board of Zoning Appeals that Variance Docket No. 07110006V 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, or denied (circle applicable detemlination). Adopted this 28th day of January, 20 BZA Member, (name) SECRETARY, Carmel/Clay Board of Zoning Appeals ~ 0" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110006V - Reduction of Reauired Front Yard Greenbelt Mike's Car Wash, Inc. and their successors alid assigns 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 ofthe community because: Mike's is seeking reduction of the fl'ont yard green-belt buffer adjacent to Michigan Road from 30' to 10' _ To mitigate this request Mike's has obtained approval from the Indiana Department of Transportation (INDOT) to encroach approximately 17' into their ROW to instalJ a mound and additional landscaping adjacent to Michigan Road in order to provide additional buffering. Consequently, although Mike's is seeking a 20' reduction in the front yard green-belt buffer adjacent to Michigan Road, they will be using an additional IT feet of the JNDOT ROW, so the net reduction of buffering is actually only 3'. As a result, the variance will not be injurious to the public health, safety, morals and general welfare because the Applicant is mitigating the request by providing buffering into the INDOI' ROW. 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 rationale included in Response Numbered I above, the area adjacent to the site and in the general area consists of many types of business, retail and office uses. Further, the site is zoned I-I Industrial. As a result, the use and value of the area adjacent to the property included in the variance will not be affccted in a substantially adverse manner. 3. The strict application of the tenllS of the Zoning Ordinance to thc propeliy will result in practical difficulties in the use afthe property because: In addition to the rationale included in Response Number 1 and 2 above, the strict application of. te11ns of the Zoning Ordinance to the property will result in a practical difficulty because the Applicant will be unable to construct an appropriate car wash facility that is pel111itted by the underlying zoning. DECISION IT JS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No.07lI 0006V 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 28th day of January, 200 ~~~~ B2l:J\ President, Cannel/Clay Board of Zoning Appeals R:-?~ BZA Member, ..., - (name) SECRETARY, Carmel/Clay Board of Zoning Appeals