Loading...
HomeMy WebLinkAboutFindings of Fact1. 2. 3. CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120012V 0y/ oc sl//" Petitioner: Carmel Development 1, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheets DATED THIS DAY OF 20 Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120012V �sV Petitioner: Carmel Development I, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Front Yard Setback 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 setback is in keeping with the Thoroughfare Plan and surrounding development. 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 area is already fully developed in a compatible 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: The site is oddly configured with public streets on 2 sides. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09120012V 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 p A/N/�� 20L. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION 4-/L- Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) Page 8 of 8 —Z \:shared \forms \BZA applications \Development Standards Variance Application rev. 01/05/2009 1. 2. 3. Docket No.: CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA 09120012V v Petitioner: Carmel Development 1, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS tG DAY OF 4•1 20 rJ 4 A- L/‘ Board Member Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 1. 2. 3. CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120012V Petitioner: Carmel Development 1, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet} DATED THIS DAY OF 20 1 Board Member Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 1. 2. 3. Docket No.: 09120013V Petitioner: Carmel Development 1, LLC DATED THIS 247 DAY OF CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) Board Member Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 1 2. 3. Docket No.: 09120014V Petitioner: Carmel Development 1, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS oC (D DAY OF 171 CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA ,20j2 Board Member Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 1. 2. 3. 4. 5. Docket No.: 09120015UV Petitioner: Carmel Development 1, LLC CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT USE VARIANCE (Ballot Sheet DATED THIS (4!) DAY OF Ca" 411 20 L/ Board Member Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120012V t'J' q 1 Z0o /5 O\/ Petitioner: Carmel Development I, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Front Yard Setback 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 setback is in keeping with the Thoroughfare Plan and surrounding development. 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 area is already fully developed in a compatible 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: The site is oddly configured with public streets on 2 sides. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09120012V 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 Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals ,20/0. Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) Page 8 of 8 —Z \:shared \forms \BZA applications \Development Standards Variance Application rev. 01/05/2009 1. 2. 3. CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120014V 0 d) ©!JI U Petitioner: Carmel Development 1, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 4 DAY OF 20 f Board M Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 1. 2. 3. CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120014V Petitioner: Carmel Development 1, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet1 DATED THIS 7 OF dcw 64 -m 20 /O. Page 7 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009 1. 2. 3. 4. 5. Docket No.: 09120015UV Petitioner: Carmel Development 1, LLC CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT USE VARIANCE (Ballot Sheet) DATED THIS bAY OF J6 """Y ,20 d Member Page 7 of 9 —Z \:shared \forms\BZA applications \Use Variance Application rev. 01/05/2009 Docket No.: 09120012V Petitioner: Carmel Development I, LLC SECRETARY, Carmel /Clay CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Front Yard Setback 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 setback is in keeping with the Thoroughfare Plan and surrounding development. 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 area is already fully developed in a compatible 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: The site is oddly configured with public streets on 2 sides. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09120012V 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 '114 y of JGlC' Y 20 L b AIRPERSON, Carmel lay Board of Zoning Appeals and oning Appeals DECISION Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) Page 8 of 8 —Z \:shared \forms \BZA applications \Development Standards Variance Application rev. 01/05/2009 CH Docket No.: 09120013V Petitioner: Carmel Development I, LLC dopted this CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Building Footprint 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The density associated with apartment development is directly related to the proposed use, which is endorsed by the proposed "smart code." 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: Again, density and apartment use are interrelated. The use is complimentary to the area and the density is not inconsistent with the heavier commercial development adjacent to the subject site. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the us of the property because: The site is oddly configured with public streets on 2 sides. SECRETARY, Carmel /Clay Boar .f Zo g Appeals DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09120013V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part\ hereof. y f GA (.4-44 [r 20) 0 Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) Page 8 of 8 —Z \:shared \forms \BZA applications \Development Standards Variance Application rev. 01/05/2009 Docket No.: 09120014V Petitioner: Carmel Development I, LLC FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Buffer Yard The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The prepared buffer yard is consistent with development patterns of surrounding development. 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 area is already fully developed in a compatible 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: The site is oddly configured with public streets on 2 sides. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09120014V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part\ hereof. J 4 4 7 7 Adopted this C IRPERSON, Carmel/C of C .y Board of Zoning Appeals CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA DECISION SECRETARY, Carmel /Clay Board Zon j. Appeals ,20 La. Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) Page 8 of 8 —Z \:shared \forms \BZA applications \Development Standards Variance Application rev. 01/05/2009 Docket No.: 09120015UV Petitioner: Carmel Development I, LLC CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT USE VARIANCE Multi Family Residential 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: An apartment use is a proposed permitted use under the proposed "smart code 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: An apartment use will function in harmony, and serve as a valuable compliment, to the surrounding retail and office uses. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: First, the use is complimentary. Secondly, current real estate values will not support additional retail development in the area. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The property is oddly figured as it is a triangular parcel surrounded by public streets on 2 sides. This configuration and location is very negative for retail development. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: Again, the "smart code" contemplates apartments as a permitted use. SECRETARY, Carmel /Clay Boar f.fZor 'g Appeals DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use Variance Docket No. 09120015UV 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 y of JCS ✓t 'T 20/0. Conditions of the Board are listed on the back. Page 8 of 9 —Z \:shared \forms \BZA applications \Use Variance Application rev. 01/05/2009