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HomeMy WebLinkAboutFindings of Fact CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10080008 V Icw-�v4b7U 1/ Petitioner: Gordon R. Smith 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 is no public safety or moral concern with an insurance agency. 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: I am improving the property substantially over what it's use has been, as a residential rental property. The additional parking will not add substantially to the asphalt already present, and it will be landscaped appropriately so that it is hidden from the residential areas to the west and south. 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: With the additional parking (4 spaces), a cement curb will gather the run -off and either corral it, or send it out onto 106th Street for drainage. By allowing the additional parking area to drain naturally according to the slope into the yard (south and west), this will not pose a drainage problem on the street. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 10080008 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. Athf.ted this 7 d ay of �t+^�i�t.� .20 /0 CHAT ERSON, Carmel, lay Board of Zoning Appeals O SECRETARY Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or representative to sign). Page 8 of 0 4 rlsnared\ orms\BZA aophicahons\ Deveopment Standards variance Application rev 3/22/2010 CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 10080007 UV and 10080008 V Petitioner: Gordon R. Smith 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 condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: This is a "light business" use for this property. The alternative has been use as a rental property...and the property in question historically has had tenants that did not care for the property or its appearance very well. The use as a tight business will ENHANCE the neighborhood, and provide local insurance service to the area. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: There is no public health safety or moral concerns with an insurance agency. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: This property is isolated at the end of a 'peninsula' of land where 106th Street crosses Sarmore Ave., so it already stands alone in appearance and placement. Further, the area has already been designated as 'Homeplace business district'. as shown in the Carmel master plan. 4. The need for the variance arises from a natural condition peculiar to the subject property because: Not currently zoned for this use, 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: It follows the Carmel /Clay Comprehensive Plan in intent. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use Variance Docket No. 10080007 UV and 10080008 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. Adopted this 2 7 day of 20 f "17 7,(zfr CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page E of 9 Z:lshared\forms\BZA applications\ Use Variance Application rev. 03/222010