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Petitioner:
plan
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
CARMEL /CLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
Q 30007 C,( t/
Leo E. Lichtenberg
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:
surrounding uses are commercial in nature. In addition, the comprehensive plan
indicates an employment node (commercial development), and the critical node study
for 96th and Westfield areas indicates commercial development.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the planned real estate office will not increase the traffic counts for the area
I currently have only one employee and the operational are generally 8 -5.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
the uses are similar in nature.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
the surrounding properties are commercial office. Also it's a chance to
bring jobs back to Carmel.
5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because:
the granting of this use variance is commensurate with the comprehensive
DECISION
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 day of 20
Page 10 of 9 filename: use variance application 2011.doc rev 12/28/2010
Conditions of the Board are listed on the back.
Current Zoning
As shown below, the current zoning on the subject property is S -2, a residential
zoning district.
It is important to note that even though the subject and surrounding properties
are zoned S -2, commercial uses have been permitted. For instance, Sipe
Jewelry, which sits adjacent south and had a location of 9610 Day Drive, was
also zoned S -2 (UV- 96 -01). Adjacent west is an office park, zoned S -2, which
has six individual condominium style offices. Adjacent north of the subject is a
vacant parcel and adjacent east is an auto dealership, where you can hear air
hammers throughout the day (not conducive for a residential development).
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Proiect Intensions for Subject Property
My intentions are to request a use variance to permit an office development in
the current improvements that exist on the subject property. The intension is to
keep the property as close to a "residential feel" as possible, while being able to
utilize the structure as a small business office. I will accomplish this by using the
existing improvements and driveway with no further development to the exterior
of the structure or Day Drive. I do foresee having to complete some cosmetics
(i.e. paint work, gutter work, shingles, etc.), but the exterior of the structure is
limestone and is in good shape. The only proposed exterior work is a possible
sidewalk/decorative path from the driveway and landscape lighting. I also plan
some site signage, at some point, along Day Drive. I put these improvements on
the site plan indicated as "Proposed
My operations don't generate traffic and hours of operation are generally 8:00
AM to 5:00 PM.
On a side note, I am having the foundation looked at by some foundation experts
and we may have to do some exterior excavation work to correct the wall along
the west facade. If this occurs, I may loose the rear deck and will replace with
grass /patio. See attached site plan
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Summary
In summary, I'm proposing a use that is similar to adjacent properties, that is
similar to the Comprehensive Plan, while also keeping the property close to the
"residential feel" as possible. I'm a resident of Carmel, where I originally started
my business in Carmel, and decided to relocate to Indianapolis. This would be
an opportunity for me to bring jobs back to the City of Carmel.
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