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HomeMy WebLinkAboutFindings of Fact CARMEL /CLAY BOARD OF ZONING APPEALS FINDINGS OF FACT SPECIAL USE Docket No.: 11050019 SU Amend Petitioner: Lubavitch of Indiana 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site is undeveloped and is located in a rapidly growing residential area, where a complimentary use (place of worship) may be necessary. The petitioner is seeking re- approval for this use, which was approved in 2007. 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: Places of worship are complementary uses to residential areas, since they are usually low impact and generally non- invasive. The synagogue will also be located on 96th Street, a major east /west corridor. The petitioner is seeking re- approval for this use, which was approved in 2007, 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 synagogue will fit into the context of the area, being adjacent to an existing church, single family residential subdivison, and multi- family dwelling units south of 96th Street. The petitioner is seeking re- approval for this use, which was approved in 2007. 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: utilities are in place since residential areas and a church surround the property. The petitioner is seeking re- approval for this use, which was approved in 2007. 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: a pedestrian /bike path will be created along 96th Street, per the Alternative Transportation Plan. The traffic flow will be accommodated by on -site parking site design and with 96th Street road improvements by the City. The petitioner is seeking re- approval for this use, which was approved in 2007. 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. the synagogue complies with all criteria. The petitioner is seeking re- approval for this use, which was approved in 2007. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Special Use Docket Number 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 l C ifIRPERSON, Carmel /Clay oard of Zoning Appeals SECRETARY, Carmel /Clay B y ardofoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 10 filename* special use application 2011.cloc rev. 12/28/2010 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS 'FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 11 060016 V lot width Petitioner: Lubavitch of Indiana 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the lot width requirement is short by 64 feet. The lot has been this size since created where a house used to be on this parcel. The site plan layout adequately addresses the lot width and appropriate setbacks and landscaping are still met. 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 lot width requirement is short by 64 feet. The lot has been this size since created, where a house used to be on this parcel. The site plan layout adequately addresses the lot width and appropriate setbacks and landscaping are still met. 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 synagogue will not be able to locate at this site, which is adjacent to 96th street, a good location for vehicular access, and adjacent to an existing church. The place of worship will have to re- locate to another site, which may hinder the congregation. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards 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. y opted this z& day of 20 C PERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Boar. of Waning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 of 11- filename: development standards variance 2011.doc rev. 12/28/2010 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 11060017 V side yard building setback for a church Petitioner: Lubavitch of Indiana 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The deviation is 5 feet. Adequate landscaping /buffering will be provided. 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 deviation is 5 feet. Adequate landscaping /buffering will be provided. 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 synagogue will not be able to locate at this site, which is adjacent to 96th street, a good location for vehicular access, and adjacent to an existing church. The place of worship will have to re- locate to another site, which may hinder the congregation. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made as part hereof. dopted this 76 day of 7�d1. 20 C `RPERSON, Carmel /Clay Board of •Zoning Appeals SECRETARY, Carmel /Clay B. rd oft oning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 of 11 filename: development standards variance 2011.doc rev. 12/28/2010