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HomeMy WebLinkAboutFindings of FactDocket Nos.: 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V Petitioner: Guilford Commons, LLC 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 requested variances will allow for the legal subdivision of land underneath homes that are already approved for construction. The development's overall design has previously been reviewed and approved by Cannel's Plan Commission and Carmel's Technical Advisory Committee and has been found to be in compliance with the zoning ordinance. 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 development as previously approved was found to add to the overall character of the neighborhood and increase property values. The sale price of the homes within the subject development are significantly higher than any of the adjacent neighborhoods and will therefore increase value in the area rather than diminish value. 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: The ordinance, as written, does not afford the Developer the right to plat the development into individual lots even thought a Development Plan (DP) was previously approved by the Carmel Plan Commission. Without approval of each of the proposed variances the Developer will be unable to plat the Tots underneath the homes to be constructed, so the units will then be sold as condominium units. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket Nos. 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V are 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 2 day of October, CHAIR RSON, Carmel/C ay Boar s of Zoning Appeals CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA DECISION SECRETARY, CarmeUClay fLoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Docket Nos.: 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V Petitioner: Guilford Commons, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 2. 3. CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DATED THIS 26th DAY OF October, 2009. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket Nos.: 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V Petitioner: Guilford Commons, LLC 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 requested variances will allow for the legal subdivision of land underneath homes that are already approved for construction. The development's overall design has previously been reviewed and approved by Carmel's Plan Commission and Carmel's Technical Advisory Committee and has been found to be in compliance with the zoning ordinance. 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 development as previously approved was found to add to the overall character of the neighborhood and increase property values. The sale price of the homes within the subject development are significantly higher than any of the adjacent neighborhoods and will therefore increase value in the area rather than diminish value. 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: The ordinance, as written, does not afford the Developer the right to plat the development into individual lots even thought a Development Plan (DP) was previously approved by the Carmel Plan Commission. Without approval of each of the proposed variances the Developer will be unable to plat the lots underneath the homes to be constructed, so the units will then be sold as condominium units. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket Nos. 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V are 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 26 day of October, 2009. DECISION 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). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket Nos.: 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V Petitioner: Guilford Commons, LLC 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 requested variances will allow for the legal subdivision of land underneath homes that are already approved for construction. The development's overall design has previously been reviewed and approved by Carmel's Plan Commission and Carmel's Technical Advisory Committee and has been found to be in compliance with the zoning ordinance. 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 development as previously approved was found to add to the overall character of the neighborhood and increase property values. The sale price of the homes within the subject development are significantly higher than any of the adjacent neighborhoods and will therefore increase value in the area rather than diminish value. 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: The ordinance, as written, does not afford the Developer the right to plat the development into individual lots even thought a Development Plan (DP) was previously approved by the Carmel Plan Commission. Without approval of each of the proposed variances the Developer will be unable to plat the lots underneath the homes to be constructed, so the units will then be sold as condominium units. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket Nos. 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V are 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 26 day of October, 2009. DECISION CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals 7 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket Nos.: 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V Petitioner: Guilford Commons, LLC 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 requested variances will allow for the legal subdivision of land underneath homes that are already approved for construction. The development's overall design has previously been reviewed and approved by Carmel's Plan Commission and Carmel's Technical Advisory Committee and has been found to be in compliance with the zoning ordinance. 2. The use and value of the area adjacent to the prop erty included in the variance will not be affected in a substantially adverse manner because: The development as previously approved was found to add to the overall character of the neighborhood and increase property values. The sale price of the homes within the subject development are significantly higher than any of the adjacent neighborhoods and will therefore increase value in the area rather than diminish value. 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: The ordinance, as written, does not afford the Developer the right to plat the development into individual lots even thought a Development Plan (DP) was previously approved by the Carmel Plan Commission. Without approval of each of the proposed variances the Developer will be unable to plat the lots underneath the homes to be constructed, so the units will then be sold as condominium units. Adopted this 26 day of October, 2009. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket Nos. 09090003 V, 09090005 V, 09090006 V, 09090007 V, 09090008 V, and 09090009 V are granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. CHAIRPERSON, Carmel /Clay Boar 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).