HomeMy WebLinkAboutFindings of Fact
Docket No:
O<6o'3dad=tCA
08080008 V
CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Petitioner:
Martin Marietta Materials, lnc,
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1, The approval of this variance will not be injurious to the public health, safely, morals and general welfare of the
community because:
One Hundred Fifty (150) feet is an adequate buffer for a sand and qravel operation when adioining a residential
subdivision. particularly in this case because the same will be undertaken throuqh a dredQe system as opposed to
a mechanized removal system.
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'
One Hundred Fifty (150) feet is an adequate buffer between residential uses and a surface sand and qravel
extraction operation undertaken through a dredqe system. Further, empirical evidence has been presented that
demonstrates no appreciable diminution in value of adioining properties when sand and qravel operations are
adjacent thereto.
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:
Sand and qravel can only be taken where the minerals are found and there would be no reasonable use of the
Three Hundred (300) foot buffer area !:liven its proximity to the adioininq residential uses and the desire of
adlOinin!:l property owners and the City of Carmel not to have residential or commercial development adiacent
thereto. '
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 08080008 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 22nd day of September ,2008
/~
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).
Page 8 of 9 - z:\sharedlforms\BZA appllealiof's\ Development Standards Vanance Applicallon rev. 0111112006
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Docket No.:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
o ~ Dot) 01:/7 C4
08080008 V
Petitioner:
Martin Marietta Materials, Inc.
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:
One Hundred Fifty (150) feet is an adequate buffer for a sand and qravel operation when adioininq a residential
subdivision, particularly in this case because the same will be undertaken throuqh a dredqe system as opposed to
a mechanized removal system_
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:
One Hundred Fifty (150) feet is an adequate buffer between residential uses and a surface sand and qravel
extraction operation undertaken throuqh a dredqe system _ Further, empirical evidence has been presented that
demonstrates no appreciable diminution in value of adioininq properties when sand and qravel operations are
adiacent thereto_
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:
Sand and qravel can on Iv be taken where the minerals are found and there would be no reasonable use of the
Three Hundred (300) foot buffer area qiven its proximity to the adioininq residential uses and the desire of
adioininq property owners and the City of Carmel not to have residential or commercial development adiacent
thereto.
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 hereoL
;;:~,.,- ~V"'
,2008.
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign)
".--'
CARMEUCLA Y ADVISORY BOARD OF ZONING PPEALS
Docket No.:
Petilioner:
. _ fIt1/11l17~ ;J14fIf~
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet}
1.
2.
3.
\~e?
DATED THIS
DAY OF
,20
~-IJ)&rnL:L
...
Page 7 of a - ,,'lshaledlform,\8ZA applicalion,1 De_elepman! Standard, Varience Applica~on r'N 01111/2008
CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS
Docket No.:
~o <tOLD 1- cA
08080008 V
Carmel, Indiana
Petitioner:
Martin Marietta Materials, Inc.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE /Ballot Sheet)
1.
2.
3.
DATED THIS 22nd
DAY OF September
,2008
Page 1 of 2 - zlsharedlforms\BZA applicatlons\ Dovelopment Standards Variance Application rev. 0111112008