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HomeMy WebLinkAboutFindings of FactCARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090018 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE NUMBER OF SIGNS The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional wall signs are located on the building, setback significantly from property lines, and not oriented toward the residential development to the east. Additionally, the wall signs will not exceed the size standard. . 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 type of building and related signage, being a medical office, does not cause negative visual impacts that hi~her intensity commercial buildings/signs may cause. The wall signs will be oriented away from the adjacent residential neighborhood, and toward motorists traveling Michigan Road for identification purposes only. Additionally, the wall signs will not exceed the size standard. . 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 medical office building needs to be provided with identification from the north, south, and west, particularly due to a lack of direct access to Michigan Road. Thus, the access standards of the Overlay Ordinance contribute to building identification difficulties for motorists, particularly regarding the avoidance of motorists failing to recognize the medical office building from a north or south approach. Given the visibility and access constraints, strict compliance with the number of wall signs standard constitutes a practical difficulty in the use of the property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this ~ ~"~' day of ~¢ !~'c;,~__~ ,20 ~;' ~( . CHAIR'~EP~S~N, Carmel/Clay Bo'arc~of ~roning Appeals . ~ SECRETARY, Carmel/Clay Board of Zoning Appeals ~ f~~, Conditions of the Board are listed on the back. (Petitioner or his representa, tive to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090019 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE GROUND SIGN HEIGHT , The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The ground si.qn will be located near the intersection of Weston Pointe Boulevard and Michigan Road, removed from the residential development adjacent to the east. Additionally, the height variation is minor, being only one-foot taller than the standard. Given the minor nature of the deviation and the location of the ground sign, the variance will not be injurious to the general welfare of the community, 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 ground sign will be located along the Michigan Road frontage, removed from the sinqle-family residential neighborhood to the east. The height variance, being a one-foot deviation, will not impact the adjacent properties in a substantially adverse manner. 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 number of tenants proiected, and an adiacent commercial building anticipated in the future, warrants a taller ground sign, if only modestly taller. Given the access impediments, the additional building anticipated to the north, and the modest nature of the overall signage of the site, strict compliance with the siqn provisions of the ordinance constitutes a practical difficulty in the use of the property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this ~_,~r' I~ day of ('~ CHAIF~ERSON, Carmel/Clay Board bf Zohing Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals ,,20 off · Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090020 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE FA(~ADE PROJECTIONS/RECESSIONS . , The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The fac,,ade projection/recession interval of the building represents a minor deviation in terms of design, and thus will have no impact upon the public health, safety, and general welfare of the community. 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 one side of the buildinq, which is subiect to the minor fa~de proiection/recession deviation, abuts the Ioadinq area of an adjacent supermarket. All other sides of the building meet the projection/recession standard of the Oveday Ordinance. 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 fac,,ade proiection/recession standard would require the south side of the building, abutting the Ioadinq area of an adjacent supermarket, to be provided with a reduced fac,,ade projection/recession interval. Given the superior design of the building, and the minimal nature of the deviation, strict compliance with the projection/recession standard constitutes a practical difficulty in the use of the property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this ~"~'-r~ day of ~ ~ .'~~ ,20 ~'"'{ . CHAIRP'RSON, Carmel/Clay Board of'Zoni'g Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or h~s representative to sign CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090021 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE SIGN ORIENTED NORTH The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional wall si.qn oriented north will be set back significantly from property lines, and not oriented toward the residential development to the east. Additionally, the wall signs will not exceed the size standard. . 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 type of building and related signage, being a medical office, does not cause neqative visual impacts that hiqher intensity commercial buildings/signs may cause. The wall sign will be oriented away from the adjacent residential neighborhood, and toward motorists traveling southbound Michigan Road for building identification purposes only. Additionally, the wall signs will not exceed the size standard. , 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 medical office building needs to be provided with identification from the north, particularly due to a lack of direct access to Michigan Road. Thus, the access standards of the Overlay Ordinance contribute to building identification difficulties for motorists, particularly regarding the avoidance of motorists failinq to recognize the medical office building from a north approach. Given the visibility and access constraints, strict compliance with the number of wall signs standard constitutes a practical difficulty in the use of the property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. CHAIRPERSON, Carmel/Clay Board of'Zonin~l Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090022 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE SIGN ORIENTED SOUTH The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional wall sign oriented south will be set back significantly from property lines, and not oriented toward the residential development to the east. Additionally, the wall signs will not exceed the size standard. , 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 type of building and related si.qnage, being a medical office, does not cause negative visual impacts that higher intensity commercial buildings/signs may cause. The wall sign will be oriented away from the adiacent residential neighborhood, and toward motorists traveling northbound Michigan Road for building identification purposes only. Additionally, the wall signs will not exceed the size standard. , 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 medical office building needs to be provided with identification from the south, particularly due to a lack of direct access to Michigan Road. Thus, the access standards of the Overlay Ordinance contribute to building identification difficulties for motorists, particularly regarding the avoidance of motorists failinq to recognize the medical office building from a south approach. Given the visibility and access constraints, strict compliance with the number of wall signs standard constitutes a practical difficulty in the use of the property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted th is ~'~'l''t~ dayof i~c::~i'C'~''' .,20 ~"~/, . CHAIIYERSON, Carmel/Clay Board'bf Z(]ning Appeals '/~ ." SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or hisN'epresentative to sign). Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , DATED THIS ,~'~AY OF 2004.. B~~Me~m6er Docket No.' 04090018 V Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , ,200_~4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090018 V .~ ~3t:~k~ ~) ~ ) ~'~,,.,\~) ) ~.,~ Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,, 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04090018 Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS '~'~"-DAY OF ,2004. Board~(4c~mber CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: 04090018 V -- (,/~(:~di~ ~,-~ ~ BW Partners, by Mary E. Solada FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . aoaf~~ber ,,