HomeMy WebLinkAboutFindings of FactDocket No.: 11120007 UV
Petitioner: 1200 West, LLC
CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
FINDINGS OF FACT USE VARIANCE
1. The grant of this variance will not be contrary to the public interest, due to the existence of
specialcondition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship
because:
General Personal Services uses (the proposed use are compatible with other uses permitted on
the subject real estate and existing in the vicinity of the subject real estate. This type of use
includes such businesses as a hair or nail salon, tailor shop, and other personal services that
address recurrent needs of a personal nature and that are compatible with the proposed primary
use of the building, a medical spa.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
General Personal Services uses (the proposed use) are compatible with other uses permitted on
the subject real estate and existing in the vicinity of the subject real estate. This type of use
includes such businesses as a hair or nail salon, tailor shop, and other personal services that
address recurrent needs of a personal nature and that are compatible with the proposed primary
use of the building, a medical spa.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because:
General Personal Services uses (the proposed use) are compatible with other uses permitted on
the subject real estate and existing in the vicinity of the subject real estate. This type of use
includes such businesses as a hair or nail salon, tailor shop, and other personal services that
address recurrent needs of a personal nature and that are compatible with the proposed primary
use of the building, a medical spa.
4. The need for the variance arises from a natural condition peculiar to the subject because:
The subject parcel is surrounded by multi family, restaurants and retail sales, all of which are of
an intensity equal to or greater than the proposed General Personal Service uses. A medical spa
is an already permitted use and the blend of uses allowed by the variance will fortify the medical
spa and allow it to thrive. Absent the variance, this uniquely situated parcel cannot be used in a
manner similar to the uses by which it is surrounded.
5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan
because:
The existing and proposed uses are consistent with the commercial uses envisioned under the
Comprehensive Plan for the subject property and will therefore not substantially interfere with the Plan.
1200 West LLC UV Ballot and FOF 012412
EXHIBIT "A"
CONDITIONS OF APPROVAL
1200 West Carmel Drive 1120007 UV
The following are conditions of approval of the above referenced use variance:
1. Dedication One Dedication to the City of Carmel, Indiana the additional right -of -way necessary
to establish an aggregate, fifty (50) foot half right -of -way for Carmel Drive along the entire
frontage of the subject real estate. The foregoing dedication shall be effected prior to the
issuance of the first building permit for a General Personal Service use of the subject real estate.
2. Dedication Two The dedication to the City of Carmel of a corner cut of additional right -of -way
of an area and configuration determined by a one hundred twenty foot (120') radius measured
from the center point of the intersection of Carmel Drive and Old Meridian Street. The
foregoing dedication shall be effected upon the occurrence of both (i) the issuance of the first
building permit for a General Personal Service use of the subject real estate and (ii) the receipt
by the owner of the subject real estate of a written request, from the Carmel Department of
Engineering, for such dedication.
3. The Multi -use Path At the owner's option, either (i) the construction of a multi -use path along
the entire Carmel Drive frontage of the subject real estate or (ii) the payment into the non-
reverting Thoroughfare Fund of an amount equal to the estimated, usual and customary cost, as
provided by the Alternative Transportation Coordinator, of a multi -use path along the entire
Carmel Drive frontage of the subject real estate. This condition shall be satisfied within twelve
(12) months after the issuance of the first Certificate of Occupancy for a General Personal
Service use of the subject real estate. The Department of Community Services, in its discretion,
shall be allowed to provide up to two (2), six (6) month extensions of time by which to satisfy
this condition.
4. Bicycle Parking Rack The construction of a bicycle parking rack to accommodate four (4)
bicycles. This condition shall be satisfied prior to the issuance of the first Certificate of
Occupancy for a General Personal Service use of the real estate.
1200 West LLC W Ballot and FOF 012412