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HomeMy WebLinkAboutFindings of Fact 02-25-08 BALLOT SHEET \ I J I i CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110015'v - Elimination of ReQuirement for a Sidewalk along 4th Street Deca Holdinas. 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: i ! , ( 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: ( J I DECISION I J I IT IS THEREFORE the decision of the CarmeVClay 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, or denied (circle applicable determination). J I J Adopted this 25th day of February, 2008. BZA President, Cannel/Clay Board of Zoning Appeals ~~~ _;:::2: ~ BZA Member, (name) J SECRET AR Y, Carmel/Clay Board of Zoning Appeals CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA I 1 r Docket No.: 0711 0015V - Elimination of Requirement for a Sidewalk alonQ 4111 Street Petitioner: Deca HoldinQs. LLC. Deca Environmental & Associates. Inc.. and Jim B_ Euler. and their successors and assigns FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE '1 I ! r I I 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare ofthe community because: Currentlv 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. if the Applicant did in fact build a side walk on his property adiacent to 4th Street it would not connect to anything. The Applicant has agreed to dedicate an amount ofproDerty on its southern border 'to the City so that the City can construct a sidewalk at its own cost. Due to the Applicant's willingness to make this dedication. the granting of this variance will not be injurious to the public health. safety. morals and 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: 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 Dro~ertY should not be affected in a substantiallY adverse manner because no sidewalk exists on this side of 4 h Street at the current time and the ,A,oolicant has agreed to dedicate an amount of property on its southern border to the City so that the City can construct a sidewalk at its own cost. ~ I ) ] 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 Zonina Ordinance to the prooertv will result in practical difficulties because the Applicant has aareed to dedicate Dropertyto the City so that the City can construct a sidewalk at its own cost. DECISION IT IS THEREFORE the decision of the Cannel/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. Adopted this 25th day of February, 2008. BZA President; Carmel/Clay Board of Zoning Appeals ~~- - 1 J BZA Member, (name) SECRETARY, Cannel/Clay Board of Zoning Appeals CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No;: Petitioner: 07110015V - Elimination of Requirement for a 'Sidewalk alona 4th Street Deca Holdings. LLC. Deca Environmental & Associates, Inc. and Jim B. Euler. and their successors and assiQns FINDINGS OF FACT - DEVELOPMENTSTANDARDS 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 4fu Street. Ifthe Applicant were n~t 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. The Applicant has agreed to dedicate an amount of property on its southern border to the City so that the City can construct a sidewalk at its own cost. Due to the Applicant's willingness to make this dedication. the granting oethis variance will not be iniurious to the public health. safety. morals and Qeneral 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: In addition to the same rationale set forth in Resoonse Numbered One (1) above, the use and value of the area adiacent to the subiect pro~ertv should not be affected in a substantially adyerse manner because no sidewalk exists on this side of 4 h Street at the current time and the Applicant has aareed to dedicate an amount of property on its southern border to the City so that the City can construct a sidewalk at its own cost. 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 ZonIng Ordinance to the property will result in practical difficulties because the Applicant has aarned to dedicate property to the City so that the City can construct a sidewalk at its own cost. DECISION IT IS THEREFORE the decision of the CarmeUClay 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. J Adopted this 25th day of February, 2008. ) BZA President, Carmel/Clay Board of Zoning Appeals 4/1..'/~ BZA Member, ~l"r 1'--. g;z.oAu{ (name) SECRET AR Y, CarmellClay Board of Zoning Appeals BALLOT SHEET CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110015V - Elimination of Requirement for a Sidewalk along 4th Street Deca HoldinQs, LLC. Deca Environmental & Associates. Inc. and Jim B. Euler, and their successors and assigns 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: i I I 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: ~ ~ 1 ( 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: ] r J \ J J 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, or denied (circle applicable determination). Adopted this 25th day of February, 2008. 'I J BZA President, Carmel/Clay Board of Zoning Appeals pA.~ BZA Member, ~f.,,1,.... ,,~,#U/- (name) SECRETARY, Cannel/Clay Board of Zoning Appeals 1 I \ I I ~ I ~ ~ J I J ! ~ J CARMEUCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110015V - Elimination of Requirement for a Sidewalk along 4th Street Deca Holdinas. LLC, Deca Environmental & Associates, Inc. and Jim B. Euler, and their successors and assiQns FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval oftrus 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 4 UI Street. If the Applicant were n~t seeking a use variance for the site. the current condition would remain. Further. ifthe Applicant did in fact build a side walk on his property adiacent to 4th Street it would not connect to anything. The Applicant has agreed to dedicate an amount of property on its southern border to the City so that the City can construct a sidewalk at its own cost. Due to the AppLicant's willingness to make this dedication. the granting ofthis variance will not be iniurious to the public health. safety, morals and Qeneral 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: In addition to the 'same rationale set forth in Response Numbered One (1) above, the use and value of the area adjacent to thesubiect pro~erty shouid not be affected in a substantially adverse manner because no sidewalk exists on this side of 4 h Street at the current time and the Applicant has aqreed to. dedicate an amount of property on its southern border to the City so that the City can construct a sidewalk at its own cost. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use ofthe 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 ZonioQ Ordinance to the property will result in practical difficulties because the Applicant has aQreed to dedicate property to the City so that the City can construct a sidewalk at its own cost. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No.071I OOISV 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. I J I J Adopted this 25th day of February, 2008. HZ BZA Member, (name) SECRETARY, Carmel/Clay Board of Zoning Appeals BALLOT SHEET CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Oock.at No.: Petitioner: 07110015V - Elimination of Requirement for a Sidewalk .alon9 41h Street Oeca Holdinas, LLC, Deca Environmental & Associates. Inc. and Jim B. Euler. 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: J I ~ 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: "I I ~ I rJ I ( r I ~ ~ 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 I .J IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No. 07U0015V 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 25th day of February, 2008. J J BZA Member, (name) I ) SECRETARY, Carmel/Clay Board of Zoning Appeals ..::J I i ~ , J ~ -I ~ ~ J I BALLOT SHEET CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110015V - Elimination of Requirement for a Sidewalk alonQ 4th Street Deca Holdings. LLC. Deca Environmental & Associates. Inc. and Jim B. Euler. and their successors and assiQns 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 manilef because: ~ \ ! ~ I] 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: NO iREE j =;zj i [) V B)tt 1/ RK-L 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, or denied (circle applicable determination). J 1, j Adopted this 25th day of February, 2008. r ) BZA~ppealS BZA Member, (name) I J I I SECRETARY, Carmel/Clay Board of Zoning Appeals \~ ~,a -< CARMEUClAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 0711001.5V - Elimination of ReQuirement for a Sidewalk alono 4th Street Deca HoldinQs~ [LC. Deca Environmental & Associates. Inc. and Jim B. Euler, and their sucCessors and assiQns FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE ]. The approval ofthis 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 n~t 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. The Applicant has agreed to dedicate an amount of property on its southern border to the City so that the City can construct a sidewalk at its own cost. Due to the Applicant's willingness to make this dedication, the grantingofthis variance will not be iniurious to the public health. safety. morals and oeneral 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 manri..er 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 proRertv should not be affected in a subStantiallv adverse manner because no sidewalk exists on this side of 4 h Street at the current time and the Applicant has agreed to dedicate an amount of property on its southern border to the City so that the Citv can construct a sidewalk at its own cost. 3. The strict application of the term"s 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 ofthe.terms of the ZoninQOrdinance to the propertY will result in practical difficulties because the Applicant has aQreedto dedicate broperty to the City so that the City can construct a sidewalk at its own cost. DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Variance Docket No.071 I 00 15V is granted, granted subject to any conditions stated in the minutes oftms Board which are incorporated herein by reference and made a part hereof. Adopted this 25th day of February, 2008. 11el~Ard of Zoning Appeals A (name) SECRETARY, Carmel/Clay Board of Zoning Appeals 4~ ..~ s" BALLOT SHEET CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 07110015V - Elimination of ReQuirement for a Sidewalk alona 4th Street Deca Holdings, LLC. Deca Environmental & Associates. Inc. and Jim R 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: . 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: 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, or denied (circle applicable deternrination). (name) SECRETARY, Carmel/Clay Board of Zoning Appeals