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HomeMy WebLinkAboutFindings of Fact BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050014 V Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26` DAY OF July, 2010. Board Member BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050014 V Section 23F.06.02 reduced street frontage Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. /7// 7 !I Board Member CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050014 V Section 23F.06.02 reduced street frontage Petitioner: TH Midwest, Inc. 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 building is pulled up to the street frontage with parking at the side and rear of the building. The building's mass and placement at the comer of the intersection meet the intent of 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 building is pulled up to the street frontage with parking at the side and rear of the building. The building's mass and placement at the corner of the intersection meet the intent of the Zoning Ordinance. 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 building is pulled up to the street frontage with parking at the side and rear of the building. The strict application of the Zoning Ordinance would require additional building frontage resulting in a greater building area and therefore the need for additional parking needs not available on the site. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050014 V is granted, 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 July, 2010. BZA i esident, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050014 V Section 23F.06.02 reduced street frontage Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. 4 A it„,/l/ Board Member 4 CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050014 V Section 23F.06.02 reduced street frontage Petitioner: TH Midwest, Inc. 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 building is pulled up to the street frontage with parking at the side and rear of the building. The building's mass and placement at the corner of the intersection meet the intent of 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 building is pulled up to the street frontage with parking at the side and rear of the building. The building's mass and placement at the corner of the intersection meet the intent of the Zoning Ordinance. 3. The strict application of the terns of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The building is pulled up to the street frontage with parking at the side and rear of the building. The strict application of the Zoning Ordinance would require additional building frontage resulting in a greater building area and therefore the need for additional parking needs not available on the site. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050014 V is granted, 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 July, 2010. BZA President, Carmel /Clay Board of Zoning Appeals A 4 SECRETARY, Carmel /Clay Board of Zoning Appeals N BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050014 V Section 23F.06.02 reduced street frontage Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26` DAY OF July, 2010. Board Member BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050015 V Section 23F.08.01 reduced floor area ratio Petitioner: TH Midwest, Inc. 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: 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: 3. The strict application of the terns of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: DATED THIS 26"' DAY OF July, 2010. Board Member CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050015 V Section 23F.08.01 reduced floor area ratio Petitioner: TH Midwest, Inc. 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 building is pulled up to the street with required parking and fuel pump islands in the rear and sides of the lot. Limiting the Floor Area assists in providing an appropriate balance between the necessary parking and vehicle maneuvering area for the permitted Fuel Station use and the building size. 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 building is pulled up to the street with required parking and fuel pump islands in the rear and sides of the lot. Limiting the Floor Area assists in providing an appropriate balance between the necessary parking and vehicle maneuvering area for the permitted Fuel Station use and the building size. 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 building is pulled up to the street with required parking and fuel pump islands in the rear and sides of the lot. Limiting the Floor Area assists in providing an appropriate balance between the necessary parking and vehicle maneuvering area for the permitted Fuel Station use and the building size. The strict application of the Zoning Ordinance would require a greater building area creating the need for additional parking on the site, which would then limit the ability to: (i) mass the building at the corner, (ii) provide adequate site circulation for the permitted Fuel Station use, and (iii) meet the intended development intensity of the Zoning Ordinance. DECISION IT IS THEREFORE the decision of the Cannel /Clay Board of Zoning Appeals that Variance Docket No. 10050015 V is granted, 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 July, 2010. BZA P9° sident, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050015 V Section 23F.08.01 reduced floor area ratio Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. Board Member A CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050015 V Section 23F.08.01 reduced floor area ratio Petitioner: TH Midwest, Inc. 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 building is pulled up to the street with required parking and fuel pump islands in the rear and sides of the lot. Limiting the Floor Area assists in providing an appropriate balance between the necessary parking and vehicle maneuvering area for the permitted Fuel Station use and the building size. 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 building is pulled up to the street with required parking and fuel pump islands in the rear and sides of the lot. Limiting the Floor Area assists in providing an appropriate balance between the necessary parking and vehicle maneuvering area for the permitted Fuel Station use and the building size. 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 building is pulled up to the street with required parking and fuel pump islands in the rear and sides of the lot. Limiting the Floor Area assists in providing an appropriate balance between the necessary parking and vehicle maneuvering area for the permitted Fuel Station use and the building size. The strict application of the Zoning Ordinance would require a greater building area creating the need for additional parking on the site, which would then limit the ability to: (i) mass the building at the corner, (ii) provide adequate site circulation for the permitted Fuel Station use, and (iii) meet the intended development intensity of the Zoning Ordinance. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050015 V is granted, 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 July, 2010. BZA President, Carmel /Clay Board of Zoning Appeals 4 SECRETARY, Carmel /Clay Board of Zoning Appeals BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050015 V Section 23F.08.01 reduced floor area ratio Petitioner: TH Midwest, Inc. 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: 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: 3. The strict application of the terns of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: DATED THIS 26"' DAY OF July, 2010. R i r Board Member BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050016 V Section 3.07 changeable copy Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. Board Member CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050016 V Section 3.07 changeable copy Petitioner: TH Midwest, Inc. 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: This request allows only for a more efficient system to change the display copy and has little, if any, discernible affect on public health, safety, morals and general welfare of the community. The display is not different than what is permitted by right if adjusted manually. 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 request allows only for a more efficient system to change the display copy and the approval of this request will have little, if any, discernible affect on adjacent properties. The display is not different than what is permitted by right if adjusted manually. 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 strict application of the ordinance will prevent a more efficient system to change the display copy. The display is not different than what is permitted by right if adjusted manually. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050016 V is granted, 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 July, 2010. BZA Pr ident, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050016 V Section 3.07 changeable copy Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. Board ember CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050016 V Section 3.07 changeable copy Petitioner: TH Midwest, Inc. 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: This request allows only for a more efficient system to change the display copy and has little, if any, discernible affect on public health, safety, morals and general welfare of the community. The display is not different than what is permitted by right if adjusted manually. 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 request allows only for a more efficient system to change the display copy and the approval of this request will have little, if any, discernible affect on adjacent properties. The display is not different than what is permitted by right if adjusted manually. 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 strict application of the ordinance will prevent a more efficient system to change the display copy. The display is not different than what is permitted by right if adjusted manually. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050016 V is granted, 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 July, 2010. BZA President, Carmel /Clay Board of Zoning Appeals 46 A ej SECRETARY, Carmel /Clay Board of Zoning Appeals BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050016 V Section 3.07 changeable copy Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. t .1 ,4)Zitak— Board Member BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050017 V Section 25.07.02 -10 (b) total number of signs 10050018 V Section 25.07.02 -10 (b) number of signs facing south 10050019 V Section 25.07.02 -10 (b) number of signs facing west 10050020 V Section 25.07.02 -10 (c) total square footage 10050021 V Section 23F.13.01 (A) ground signs in overlay zone Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. Board Member CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050017 V Section 25.07.02 -10 (b) total number of signs 10050018 V Section 25.07.02 -10 (b) number of signs facing south 10050019 V Section 25.07.02 -10 (b) number of signs facing west 10050020 V Section 25.07.02 -10 (c) total square footage 10050021 V Section 23F.13.01 (A) ground signs in overlay zone Petitioner: TH Midwest, Inc. 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 proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians, as well as continue to establish a more unique and vibrant streetscape. The approval of this request will have little, if any, discernible negative affect on public health, safety, morals and general welfare of the community. In fact, the proposed signs will allow motorists approaching from all four directions at the intersection to make an informed and safe decisions prior to reaching or passing the driveway entrance to the real estate. 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 proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians, as well as continue to establish a more unique and vibrant streetscape. 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 strict application of the ordinance will prevent the conveying of necessary and visible information to the public (both motoring and walking/biking) when in the vicinity of the real estate. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050016 -21 V is granted, 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 July, 2010. (A./ -1---- s t BZA Pr: ident, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050017 V Section 25.07.02 -10 (b) total number of signs 10050018 V Section 25.07.02 -10 (b) number of signs facing south 10050019 V Section 25.07.02 -10 (b) number of signs facing west 10050020 V Section 25.07.02 -10 (c) total square footage 10050021 V Section 23F.13.01 (A) ground signs in overlay zone Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26 DAY OF July, 2010. i Board Member CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050017 V Section 25.07.02 -10 (b) total number of signs 10050018 V Section 25.07.02 -10 (b) number of signs facing south 10050019 V Section 25.07.02 -10 (b) number of signs facing west 10050020 V Section 25.07.02 -10 (c) total square footage 10050021 V Section 23F.13.01 (A) ground signs in overlay zone Petitioner: TH Midwest, Inc. 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 proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians, as well as continue to establish a more unique and vibrant streetscape. The approval of this request will have little, if any, discernible negative affect on public health, safety, morals and general welfare of the community. In fact, the proposed signs will allow motorists approaching from all four directions at the intersection to make an informed and safe decisions prior to reaching or passing the driveway entrance to the real estate. 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 proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians, as well as continue to establish a more unique and vibrant streetscape. 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 strict application of the ordinance will prevent the conveying of necessary and visible information to the public (both motoring and walking/biking) when in the vicinity of the real estate. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 10050016 -21 V is granted, 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 July, 2010. BZA President, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals 1 BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10050017 V Section 25.07.02 -10 (b) total number of signs 10050018 V Section 25.07.02 -10 (b) number of signs facing south 10050019 V Section 25.07.02 -10 (b) number of signs facing west 10050020 V Section 25.07.02 -10 (c) total square footage 10050021 V Section 23F.13.01 (A) ground signs in overlay zone Petitioner: TH Midwest, Inc. 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: 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: 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: DATED THIS 26` DAY OF July, 2010. fit /i Board Member