HomeMy WebLinkAboutFindings of Fact CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
Docket No.: Docket No. 11010013 V
Petitioner: The Old Town Design Group, LLC
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DATED THIS DAY'OF 20
Board M ber
Page 9 of 11 filename: development standards variance 2011.doc rev. 12/28/2010
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No. 11010013 V Ch. 23D.03.C.3.b: front yard setback
Petitioner: The Old Town Design Group, LLC
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 applicant seeks to replace a single family home in poor condition with a new single family
home.
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 applicant proposes to demolish a home that is considered non conforming in the Old Town
Overlay Zone and build a new home that complies with the design guidelines set forth in the Old
Town Overlay Zone (Ch. 23 of the zoning ordinance). The quality and value of the proposed home
will be several times greater than the existing structure.
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:
There is a 42" storm water pipe (county regulated legal drain) running at an angle through the
front yard of the property. The Hamilton County Drainage Board has an easement over the
property and will require a new home to be built 15' beyond the location of the pipe. This
eliminates the possibility of building a home in compliance with the zoning ordinance.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development
Standards Variance Docket No. 11010013 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 28th day of February, 2111.
CHAIR SON, Carmel /Clay of Zoning Appeals
SECRETARY, Carmel /Clay Zoning Appeals