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HomeMy WebLinkAboutFindings of FactCARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No' 04050029 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE FOUNDATION PLANTINGS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: foundation plantings provided will, in many instances, exceed the standard, thus preventing a lack of foundation plantings precedent, which could otherwise lead to further landscaping reductions affecting the general welfare of the community. Additionally, the provided foundation plantings will be generally consistent with the development pattem established within the US Highway 421-Michi.qan Road Corridor Overlay Zone. , 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 foundation plantings will be generally consistent with the development pattern generally established within the US Highway 421-Michi,qan Road Corridor Overlay Zone, particularly immediately adjacent to the north. Additionally, the superior design, aesthetic, and functional intentions of the US Highway 421-Michiqan Road Corridor Overlay Zone will be realized, in the context of the overall development proposal, with which the foundation plantings variance will not affect the use and value of the area adjacent in an adverse manner, particularly given the siqnificant perimeter and internal landscaping areas. , 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 foundation plantings will be generally consistent with the development pattern established within the US Highway 421-Michigan Road Corridor Overlay Zone, particularly immediately adjacent to the north. Strict compliance with the foundation plantings standard, given the context of the perimeter and internal landscapin.q, and the existing development pattern established, 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. 04050029 V 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 q~~ day of ~'~~ ., · CHAIRI~RSON, Carmel/Clay Boar~'"bf ~,oning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. ( representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050029 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . DATED THIS DAY O~~_l~r.~., 2004. Board r~mber CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050029 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , , DATED THIS 2~ DAY OF "-*¢//'¢-~/¢,~ .' 200~4. ~.. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050029 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , DATED THIS~)-,~ DAY OF CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050029 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . ~d Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04050030 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada . FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE ACCESS TO INDIVIDUAL TRACTS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the overall number of curb cuts along the related Michigan Road frontage will be reduced, a private frontage roadway will be established, and a new entrance drive will be established to coordinate with future roadway development as proposed by the Thoroughfare Plan. . 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 overall development proposal will provide for a reduction in curb cuts along this segment of Michigan Road, reducing vehicular conflicts. A private frontage roadway will be established, reducing vehicular traffic on Michi.qan Road, versus a non-frontage roadway scenario. Additionally, a new entrance drive will be established in coordination with the long-term new roadway plans of the Thoroughfare Plan, west of Michigan Road, designed to disperse vehicular traffic in this Michigan Road vicinity. , 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 elimination of all existing and legally established curb cuts along this segment of Michigan Road would effectively render a commercial site of this acreage unviable, which would be in contradiction to the current zoninq and the recommendations of the Comprehensive Plan. Given the context of the existing access points, the overall development scenario, including the establishment of a frontage roadway, and a new public street entry drive connection to proposed long-term roadway construction plans, as proposed by the Thoroughfare Plan, strict compliance with the access provision 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. 04050030 V 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 ~~"~~~~ ,2 . CHAIRPERSON, Carmel/Clay Board"'of z-~ning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. ( is representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050030 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS o~.~"~ DAY OF~~f~~ 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050030 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . DATED THIS Z? DAY OFr-,~_..~~7~, 20_4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050030 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS ~7 DAY OF ~...~~~~, 200_~4. B,~(:J Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050030 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS~)~'~ BoardMert'1ber ~ CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04050033 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE SIGN NUMBER AND TYPE VARIANCE . The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the placement of two additional multi-tenant building complex signs, oriented along a private interior access drive, will provide building and use identification, and will promote safe and efficient vehicle maneuverability within the overall development. 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 placement of two additional multi-tenant building complex signs, oriented along a private interior access drive, will not impact the Michigan Road frontage. Given the context of the overall and signa.qe design theme, the specific location of the two additional freestanding signs, and the compliance with the superior design, aesthetic, and functional intentions of the sign provisions of the ordinance and the US Highway 421-Michi.qan Road Corridor Overlay Zone, the use and value of the area adjacent to the property will not be affected. 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 placement of two additional multi-tenant building complex signs, oriented along a private interior access drive, is necessary to provide interior identification, and to promote safe and efficient vehicle maneuverability. Strict compliance with the sign provisions of the ordinance, regarding sign number and type, given the context of the overall si.qnage and design theme, the specific location of the two additional freestanding signs, and the compliance with the superior design, aesthetic, and functional intentions of the sign provisions and the US Highway 421- Michigan Road Corridor Overlay Zone, 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. 04050033 V 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 '2"~ dayof r_~yf CHAIF~I~RSON, Carmel/Clay Board of .~onin~ Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals ,~' . ' Conditions of the Board are listed on the back. (~tive to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050033 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050033 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , . DATED THIS DAY OF ~ 2001 Boa~'fvlember CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050033 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . , DATED THIS '-~'~ CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050033 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . Bo~ber /'"'- ~ ....... CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04050034 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE WALL SIGN AREA VARIANCE , The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the wall signs exceeding the sign area standard will be located a significant distance from the Michigan Road riqht- of-way. The wall sign size deviation provides improved visibility for motorists maneuvering in the vicinity, and with the related directional attributes for motorists, given the variety of entrance options to the overall site, causin.q the wall area sign size deviation to be justified in terms of public health and safety. , 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 superior design, aesthetic, and functional intentions of the sign provisions of the ordinance and the US Highway 421-Michi.qan Road Corridor Overlay Zone are met, given the location of the wall signs a significant distance from Michigan Road. In the context of the primary multi-tenant buildinq's location, the visibility challenges therein, the design compatibility, and the compliance with the intentions of the overlay zone, the larger signs will not affect the use and value of the area adjacent. . 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 relative alignment of the primary multi-tenant building with an established large single-tenant buildin.q (adjacent to north), being removed a significant distance from the Michigan Road frontage, and with existing development along the Michigan Road frontage, further impacting visibility, causes the necessity for a sign area deviation. Strict compliance with the sign provisions of the ordinance, re .q a rd i n .q sign area, given the context of the overall si_qna.qe and design theme, the location of the primary multi-tenant building alignment with the adjacent established sin.qle- tenant building, and the compliance with the superior design, aesthetic, and functional intentions of the sign provisions and the US Highway 421-Michi,qan Road Corridor Overlay Zone, 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. 04050034 V 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 ,-~..'~lx dayof ~'/~.,vx_~~£ , . CHAIRPERSON, Carmel/Clay Board of Zonihg Appeals ~ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050034 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , DATED THIS ~2-. '~ DAY OF ~"'~¢ ,2004. a - Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050034 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . . DATED THIS DAYOF ~ _ ~. ., 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050034 V Petitioner: Duke Construction, Limited Partnership, 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.: 04050034 V Petitioner: Duke Construction, Limited Partnership, by Man/E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , , DATED THIS / DAY OF ~'~~, 200_~4. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04050035 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE GROUND SIGN AREA VARIANCE , The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the ground signs exceeding the sign area standard will be located in a manner to provide for adequate visibility for motorists maneuvering in the vicinity. Additionally, the increased sign size will provide for increased user identification, thus providing directional attributes for motorists, given the variety of entrance options to the overall site, causing the ground si.qn area size deviation to be justified in terms of public health and safety.. 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 signs exceeding the sign area standard will be consistent with the overall design theme. The superior desi.qn, aesthetic, and functional intentions of the sign provisions of the ordinance and the US Highway 421- Michigan Road Corridor Overlay Zone are met. Given the context of the primary multi-tenant building's location, the visibility challenges therein, the design compatibility, and the compliance with the overlay zone, the lar.aer si.qns will not affect the use and value of the area adjacent. 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: Strict compliance with the si.qn provisions of the ordinance, re.qardin.a .~round si.qn area, given the context of the overall si.qnage and design theme, the location of the primary multi-tenant building alignment with the adjacent established single-tenant building, and the compliance with the superior design, aesthetic, and functional intentions of the sign provisions and the US Highway 421-Michi.qan Road Corridor Overlay Zone, 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. 04050035 V 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 Shill ~,arm ing Appeals , ' SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. ( o r or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050035 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . DATED THIS DAY OF ,20O4. / f CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050035 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,2004. Bo CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050035 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . . DATED THIS oo4. Board rv~mber CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050035 V Petitioner: Duke Construction, Limited Partnership, by Maw E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . , DATED THIS 2,~ DAY OF ~'/, 2004. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04050036 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE GROUND SIGN HEIGHT VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the ground signs exceeding the si,qn height standard will be located in a manner to provide for adequate visibility for motorists maneuvering in the vicinity. Additionally, the increased ground sign height will provide for increased building identification, thus providing directional attributes for motorists, given the variety of entrance options to the overall site. . 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 signs exceeding the sign height standard will be consistent with the overall design theme. The superior design, aesthetic, and functional intentions of the sign provisions of the ordinance and the US Highway 421- Michigan Road Corridor Overlay Zone are met. Given the context of the primary multi-tenant buildinq's location, the visibility challenges therein, the design compatibility, and the compliance with the overlay zone, the taller ground signs will not affect the use and value of the area adjacent. 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 relative alignment of the primary multi-tenant building with an established large single-tenant buildinq (adjacent to north), being removed from the Michigan Road frontage, and with existing development along the Michigan Road frontage, further impacting visibility, causes the necessi~ for a ground sign height deviations. Strict compliance with the sign provisions of the ordinance, re,qardin_a ~round si.qn height, given the context of the overall signage and design theme, the location of the primary multi-tenant building alignment with the adjacent established single-tenant building, and the compliance with the superior design, aesthetic, and functional intentions of the sign provisions and the US Highway 421-Michigan Road Corridor Overlay Zone, 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. 04050036 V 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 b~' dayof CHAIRISEIs, SON, Carmel/Clay Board of ~oning ~l~ppeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (P~~'Fbr or his re"~entative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050036 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS 2' ~ DAY OF ~ ,2OO4. ' 0 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050036 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS "..~7~ DAY OF ,200__4. Board ~er CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04050036 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04050036 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS DAY OF CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04070008 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE GROUND SIGN COPY AREA The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the increased Changeable copy area for two (2) ground signs, in the context of the reduced size of these specific signs, will not impact the public health and safety. Additionally, strict compliance with the copy area standard would result in exceedingly small individual tenant identification, resulting in motorist visibility ineffectiveness and confusion, which could effect vehicular conflict and be potentially deleterious to public safety. . 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 increased Changeable copy area for two (2) ground signs, in the context of the reduced size of these specific signs, will not affect the area adjacent. Additionally, the applicable two (2) ground signs are far removed from the nearest adjacent property, further resulting in no affect upon the use and value of the area adjacent. . 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 Changeable copy area deviation for the two (2) applicable ground signs would not be required, were these ground signs of the maximum height and size permitted. Therefore, strict compliance with the Changeable copy standard, in the context of the reduced size of these specific signs, 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. Adoptod this C;I--IAIRISI=RSON, Carmol/Clay Board of'Zoning Appoals SECRETARY, Carmel/Clay Board of Zoning Appeals ~ Conditions of the Board are listed on the back. (Pe e to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070008 V Petitioner: Duke Construction, Limited Partnership, by Ma_ry E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . ,2004. / ? ¢ // / , Board~mber CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04070008 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS r"~7~4~ DAY OF ,2004. Boar, C'CVl~er .... CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070008 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS ~,k"~ DAY O F~~~.~-2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070008 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS 2.2 DAY OF '~--~oard Me~nber CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04070009 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada . FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE FA(~ADE PROJECTIONS I RECESSIONS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the provided reduction of the fa~de projections/recessions, given the superior design scenario, will not impact the general welfare of the community, and will have no impact upon the public health and safot¥. . 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 superior design of the proposed buildings, with impressive fac,.ade treatments, as envisioned by the US Highway 421-Michi.qan Road Corridor Overlay Zone, provide for a visual variation as envisioned by the fac,.ade proiection/recession standard. Additionally, the fac,.ade treatments will constitute an aesthetic improvement to many established commercial facilities in the vicinity.. , 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 superior design of the proposed buildings, with impressive fac,,ade treatments, as envisioned by the US Hiqhway 421-Michigan Road Corridor Overlay Zone, provide for a visual variation as envisioned by the fac,.ade projection/recession standard. Given the aesthetic improvement, superior to many established buildings in the vicinity, strict compliance with the 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 CHAIRI~EF~SON, Carmel/Clay Board o'f Zo~ng Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the (Petitioner or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070009 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , DATED THIS DAY OF B~d"~e~m b~r CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070009 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , DATED DAY O~2004. Board mber CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04070009 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS¢'~ ~:+~DAY OF ~'¢~¢t )~P/,, 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04070009 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS ~-~ '~ DAY OF ~ ,2004. Boa~Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04070010 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada . . . FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE FACADE MATERIAL CHANGE I HORIZONTAL-VERTICAL VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the far~de material change along a vertical line, given the superior design scenario, will not impact the general welfare of the community, and will have no impact upon the public health and safety. 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 superior design of the buildings, with impressive far. de treatments, as envisioned by the US highway 421- Michigan Road Corridor Overlay Zone, provide for a positive visual variation, although elements consist of material changes along vertical lines. Additionally, the far.,.ade treatments, with some material chanqes along vertical lines, will constitute an aesthetic improvement to many established commercial facilities in the vicinity. 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 superior design of the proposed buildings, with impressive far,.ade treatments, as envisioned by the US Highway 421-Michiqan Road Corridor Overlay Zone, provide for a positive visual variation as envisioned by the far_,,ade material change standard. Given the aesthetic improvement, superior to many established buildings in the vicinity, strict compliance with the far_,,ade material change 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 t~~dayof ~~ CHAIRP'EIS, SON, Carmel/Clay Board o~Zon~ng Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals (Petitioner or his presentative to sign). Conditions of the Board are listed on the CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070010 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , ., 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070010 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DAY OF 004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04070010 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS ~-~ DAY OF~-------~~l~t~00~4. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04070010 V Petitioner: Duke Construction, Limited Partnership, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . DATED THIS .~.,.~ DAY OF Member