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HomeMy WebLinkAboutFindings of Fact 1-4-05CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DocketNo.' 04110013V ~ 0~ it OOl~ X/' , o_wd (~ I'Z. 00 tl 'V/ Petitioner: My Three Sons Venture, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS DAY OF ..... 200~. Page I of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 Docket No.' Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA My Three Sons Venture, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed setback of min. 35' from the property line results in over a 50'-0" distance between the proposed facility and existing residential, which is over twice the amount to the existing residence.. The comprehensive plan and overlay zone call for all of the residential to be converted to Business. In addition a 6'-0" fence is being proposed to add additional separation. . 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 existing use of a majority of the property is commercial in nature and is currently zoned B-2/Business, along a heavily traveled street corridor, Michigan Road. . 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 strict application of the Zoning Ordinance may result in practical difficulties in the use of the property, due to fact that the developer will not be able to build this project, due to additional 15'-0" setback because of the 30'-0" landscape buffer along Michigan Road. DECISION , , IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. (::),~ ( ~ ~ t v' is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference' and made a part hereof. Adopte~ this /'~ , day of -'~"~i,/~.~ ~,~,. ,20 '~ . C,~A~R~~SON, Carmel/Clay Board of on~TE~~Appeals SECRETARy, Carmel/Clay 'Board 'of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). ZRshared\forms\BZA applicationsMevstandapp Revised 01/05/2004 Page 2 of 8 - z:\share~forms\BZA applications\ Development Standards Vadance Application rev. 01105/2004