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HomeMy WebLinkAboutPacket Bingham McHale 2700 Market Tower LLP 10 West Market Street Indianapolis, IN 46204 a y a t t o r n e y s at l a w 317.635.8900 fi binghammchale.com Variance Request t 1 h e§ Z r k e 4. RECEIVED Java Partners, Ltd. 4z JAN 14 2004 DOGS v K R Gia--"- 6 By Mary E. Solada, Esq. N a x t J. i r V- 130 -03 #03120023 r and �t 04010013 V ,:c,„, s a c s 10460 Michigan Road x 1 n 2 z For January 26, 2004 Carmel /Clay Advisory Board of Zoning Appeals CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: V- 130 -03 #03120023 Petitioner: Java Partners, Ltd., by Mary E. Solada FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the size of the parcel will accommodate an appropriate site design, in terms of vehicular access, maneuverability, parking and visibility. Additionally, the development plan process, with the property's integration with the adjacent property to the south, will ensure a design compatible with the US 421 Michigan Road Corridor. 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 site design of the parcel will be superior as required by the US 421- Michingan Road Corridor Overlay Zone development plan process. Additionally, the parcel is essentially similar in size to those adjacent north and south, and represents the final land parcel with Michigan Road frontage in the Park Northwestern development. 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 property, being surrounded by developed sites and public rights -of -way, is otherwise rendered void of independent development potential. DATED THIS 26th DAY OF January, 2003. Board Member CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V- 130 -03 #03120023 Petitioner: Java Partners, Ltd., by Mary E. Solada 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 size of the parcel will accommodate an appropriate site design, in terms of vehicular access, maneuverability, parking and visibility. Additionally, the development plan process, with the property's integration with the adjacent property to the south, will ensure a design compatible with the US 421 Michigan Road Corridor. 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 site design of the parcel will be superior as required by the US 421 Michigan Road Corridor Overlay Zone development plan process. Additionally, the parcel is essentially similar in size to those adjacent north and south, and represents the final land parcel with Michigan Road frontage in the Park Northwestern development. 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 property, being surrounded by developed sites and public rights -of -way, is otherwise rendered void of independent development potential. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. V- 130 -03 #03120023 is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of 20 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). CARMELICLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04010013 V Petitioner: Java Partners, Ltd., by Mary E. Solada FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the reduction of the landscaping requirements of the US Highway 421 Michigan Road Corridor Overlay Zone for the area impacted by the Panhandle Eastern Pipe Line high pressure easement will ensure that root systems, landscaping installation equipment, and large landscaping maintenance equipment do not endanger the integrity of the pipeline, and therefore, do not result in injury to the health, safety 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 the remaining portions of the site will be landscaped and designed in a superior manner as required by the US Highway 421- Michingan Road Corridor Overlay Zone development plan process. Additionally, the potential danger to the use and value of adjacent properties associated with significant landscaping within the Panhandle Eastern Pipe Line high pressure easement far outweiqhs the practical landscaping benefits therein. 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 property would be essentially rendered unable to be developed, without a variance of the landscaping requirements of the US Highway 421 Michigan Road Overlay Zone. The standard landscaping requirements within the Panhandle Eastern Pipe Line easement constitute a practical difficulty in the use of the property. DATED THIS 26th DAY OF January, 2003. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04010013 V Petitioner: Java Partners, Ltd., by Mary E. Solada 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 reduction of the landscaping requirements of the US Highway 421 Michigan Road Corridor Overlay Zone for the area impacted by the Panhandle Eastern Pipe Line high pressure easement will ensure that root systems, landscaping installation equipment, and large landscaping maintenance equipment do not endanger the integrity of the pipeline, and therefore, do not result in injury to the health, safety 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: the remaining portions of the site will be landscaped and designed in a superior manner as required by the US Highway 421 Michigan Road Corridor Overlay Zone development plan process. Additionally, the potential danger to the use and value of adjacent properties associated with significant landscaping within the Panhandle Eastem Pipe Line high pressure easement far outweighs the practical landscaping benefits therein. 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 property would be essentially rendered unable to be developed, without a variance of the landscaping requirements of the US Highway 421 Michigan Road Overlay Zone. The standard landscaping requirements within the Panhandle Eastem Pipe Line easement constitute a practical difficulty in the use of the property. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. 04010013 V is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of 20 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 Board of Zoning Appeals V- 130 -03 03120023 (Lot Size Variance) 10460 Michigan Road Java Partners, Ltd. by Mary E. Solada Statement of the Variance (What is the Variance Petitioner desires to construct a commercial building for a coffee shop and one or two tenant spaces (probable bank branch) on a 1.319 acres parcel. The US Highway 421 Michigan Road Corridor Overlay Zone (23C.7) states that the minimum area covered by a Development Plan must be 3 acres. Statement of Support (Reason why the variance is needed) The subject 1.319 acres parcel is deemed by the US Highway 421- Michigan Road Corridor Overlay Zone (23C.7) to be an "undersized lot Such an undersized lot may be used for any purpose permitted in the Overlay Zone, if recorded prior to September 7, 1988. However, only the eastern majority portion of the site was included in a larger parcel acquired by the owner in 1986, while the western minority portion of the site was acquired by the owner in 2002. The subject 1.319 acres parcel, while technically an undersized lot, cannot be used for any purpose permitted in the Overlay Zone without the variance requested herein. The spirit and intent of the Overlay Zone has been met. The owner has combined two even smaller parcels to form this 1.319 acres parcel. This 1.319 acres parcel is surrounded by developed property and right -of -way. Additionally, the Development Plan process will ensure site integration and appropriate site and building design. Carmel Clay Board of Zoning Appeals V- 130 -03 03120023 (Landscaping Variance) 10460 Michigan Road Java Partners, Ltd. by Mary E. Solada Statement of the Variance (What is the Variance Petitioner desires to construct a commercial building for a coffee shop and one or two tenant spaces (probable bank branch) without standard landscaping along the a 95 -foot wide area along the north property line, due to the Panhandle Eastern Pipe Line Company not permitting the installation of significant landscaping within this high pressure pipeline easement. The US Highway 421 Michigan Road Corridor Overlay Zone (23C.10) requires additional landscaping along this north perimeter. Statement of Support (Reason why the variance is needed) Without the benefit of a variance of the standard landscaping requirements, the subject property would be essentially rendered unable to be developed. The remainder of the perimeter of the property will be landscaped in a manner consistent with the requirements of the US Highway 421 Michigan Road Corridor Overlay Zone. Additionally, this Overlay Zone requires Development Plan approval, which will ensure superior site and building design to address the overall interests of the US Highway 421- Michigan Road corridor. Thus, the spirit and intent of the Overlay Zone has been met.