HomeMy WebLinkAboutFindings of FactDocket No.: 10060008 SUA
Petitioner Our Lady of Mt. Carmel
approved special use.
A PPERSON, Carme
SECRETARY, Carmel /Clay and
1 6 9
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
FINDINGS OF FACT SPECIAL USE
1. The premises in question is particularly physically suitable for the proposed Special Use because:
the new (replacement) structure will be constructed in the same general location as the existing building that houses this use. The new
structure faces 146th Street. Other nearby uses are buffered from this use by other petitioner -owned buildings.
2. The Special Use will not injuriously or adversely affect economic factors, such as cost /benefit to the community
and its anticipated effect on surrounding property values because:
the special use already operates from this site in an existing building that will be replaced with a new building.
3. The Special Use will be consistent with social /neighborhood factors, such as compatibility with existing uses and
those permitted under current zoning in the vicinity of the premises under consideration and how the proposed
Special Use will affect neighborhood integrity because:
the use has previously been approved for this site. This amendment to the previous approval is necessitated due to the proposed
new (replacement) building.
4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm
drainage facilities and police and fire protection because:
the use currently operates from an existing building on this site, and its impacts have already been absorbed by the service providers.
Any additional impacts of the replacement structure have been considered by TAC, with all concerns adequately addressed.
5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon
which the Special Use is proposed because:
the use already exists and operates from this site. This amendment addresses a replacement building for the existing,
DECISION
Yes No: The Board has reviewed the requirements of Ordinance Z -160, Section 21.03 (1 -26) as they relate to this
Special Use, and does not find that those criteria prevent the granting of the Special Use.
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Special Use Docket Number
10060008 SUA is granted, subject to any conditions stated in the minutes of this Board, which are incorporated
herein by reference and made as part hereo
Adopted this ✓°►day of 4 C41 2 d 10
ay Board of Zoning Appeals
oning Appeals
Page 8 of 8 z sharedlfarmsl8ZA applications) Special Use Application rev. 5/05/2009
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign).
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 10070012 V
Petitioner: Our Lady of Mt. Carmel Church
Variance: Front Yard Setback, Section 6.04.03
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 location of the new (replacement) building will maintain a uniform distance from the south edge
of pavement of 146'" Street at a distance that is greater than the required 35' front yard setback if the right -of-
way was of regular configuration at this location, which it is not. The right -of -way at this location is not
generally parallel to the constructed street, which is atypical.
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:
petitioner -owned property and structures surround the proposed new building, buffering adjacent uses from
its potential and minimal impact. Buildings located on the north side of 146 Street are approximately 300'
away.
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 existing right -of -way of 146 Street creates an irregular and impractical property line configuration that
would cause a less than optimal site for the proposed building and less efficient design and use of the
_property.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 10070012 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated
herein by reference and made a part hereof.
iopted this Z lti day of (/i' cif 20
Cy PERSON, Car el /Cla :oard of Zoning Appeals
(.,z2- /J"C.e./
SECRETARY, Carmel /CI- Boars •f Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 4 of 4