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HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 + first two blanks) Docket No.: _______________________________________________ Petitioner: Fred M. Fehsenfeld, Jr. & Suzanne Marie Fehsenfeld, by Timothy Ochs and Jennifer Milliken, Ice Miller LLP 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed accessory building is professionally designed to fit the character of the neighborhood and the principal building. It will be constructed using high quality materials and methods, as shown in the included exhibits. The building will be constructed outside of public right -of-way (planned at 68 feet) and is otherwise in keeping with the thoroughfare plan. The building will be kept locked, and only accessible by those with knowledge of its passcode. 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 proposed accessory building is consistent with similar buildings and structures in this neighborhood and others like it; for example, it greatly resembles a “guardhouse” which might be found on other estates of this size. It will be set back 5.94 feet from the future right-of-way line and is otherwise consistent with the thoroughfare plan. It will have little to no impact on the use and value of adjacent areas. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The UDO requirement in UDO Section 5.02 (B)(1)(a)(i) that accessory buildings must be set back a minimum of 25 feet behind the principal building is easy to understand when considering a typical suburban neighborhood lot. This property is unique, however, in that it is a 69-acre estate, and the principal building is not even visible from the street. The hardship comes about because of the proliferation of e-commerce today, with many households receiving multiple packages per week, or even per day. The subject property was designed well before this trend and the home is accessed from a gated entry and a driveway of approximately 900 feet, or about two city blocks. This is an inconvenience to delivery drivers and to the property owner. It also raises security risks. Construct ing a small outbuilding for package drop-off near the street will resolve these issues. DECISION IT IS THEREFORE the decision of the Carmel 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. Adopted this _______________ day of __________________________________, 20 _______. _____________________________________________ _____________________________________________ HEARING OFFICER, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.