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HomeMy WebLinkAboutFindings of Fact 09120029 UVDocket No.: 09120029 UV Petitioner: Convenience Centers, L.L.C. CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT USE VARIANCE 1. The grant of this variance will not be contrary to the public interest, due to the existence of special conditions(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: Granting the variance is not contrary to the public interest because the subject property has been used as a Automobile Service Station for approximately 25 years, but due to circumstances outside of the property owner's control the Automobile Service Station was closed for just over one year and may not technically qualify for a certificate of non conforming use. The strict application of the current Old Meridian Zoning District would prohibit the subject site from being used as it has been for approximately 25 years. Further, the subject site was designed to accommodate the requested use and it would work an undue hardship on the property owner to conform the site to permitted uses under the applicable ordinance. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Granting the requested variance will not be injurious to the public health, safety, morals and general welfare because the proposed use provides for an additional consumer retail use within a highly populated area. Granting the requested variance will allow the property owners to provide local residences with a conveniently located Automobile Service Station. The Automobile Service Station will provide an added source of revenue for the community. The Automobile Service Station will also be aesthetically pleasing. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: Granting the requested variance will not substantially affect the area adjacent to the subject property in any adverse manner because the subject property will be made much more aesthetically pleasing. The subject site is currently vacant. Property owner has obtained a tenant to use the subject property as an Automobile Service Station, which will increase the property value. 4. The need for the variances arises from a natural condition peculiar to the subject property because: The need for the variance arises from a natural condition peculiar to the property because the property as been used as an Automobile Service Station for approximately 25 years and the property is specifically designed for that use. Consequently, it would be financially impractical to use the subject property for other uses, and thus if the variance is not granted the subject property may continue to remain vacant. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: The granting of this variance does not substantially interfere with the Camel /Clay Comprehensive Plan because as part of the Old Meridian Subarea, the Automobile Service Station will help alleviate the significant demand for businesses to serve the corporate corridor along U.S. 31. The subject property will also be designed to support the Comprehensive Plan's "Pedestrian Oriented Design." Similar to the Neighborhood Service Node from Part 3 of the Comprehensive Plan, the subject property will show great sensitivity to traffic circulation lighting, signs, connectivity and hours of operation; parking will be to the side Hof the building; and pre development environmental features will be protected. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use 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 hereof. Adopted this y AIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay %ard, Zoning Appeals DECISION of G1✓t 2 0 G� Conditions of the board are listed on the back.