HomeMy WebLinkAboutFindings of Fact CARMELJCLAY 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 2 day of ^1 20 V
CHAIRP RSON, Ca -1 /Clay Board of honing Appeals
SECRETARY, Carmel /CI./:oa of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or is represe tative to sign
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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
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 Eastern 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 �Y day of .�6, ^J 20 6y
CH IR' ERSON, Carmel /Clay Boar. of oning Appeals
SECRETARY, Carmel /Clay J rd oning Appeals
Conditions of the Board are listed on the back. (Petitioner or hjs'repr :.,entative to sign
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