Loading...
HomeMy WebLinkAboutFindings of Fact 12-13-04CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04110018V Petitioner: My Three Sons Venture, LLC . FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , . DAY OF , 2004. Page 1 of 8 - z:\shared\forms~BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04110018V Petitioner: 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 site is proposing a sign package that complements the building and site design. . 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: Ail proposed signage is oriented toward commercially zoned real estate and US 421 and 96~h Street. . 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 the sign ordinance does not address the type of signage this site proposes for the type of building (multi. level multi, tenant) on the site. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. O,dr- I I C~ i %M" 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 CHAIRPERSON, Carmel/Clay Boar~ of Z'~ning Appeals SECRETARY, Carmel/Clay Board of Zoning APpeals" Conditions of the Board are listed on the back. ( Z:~shamd\forms\BZA applications~devstandapp Revised 01/05/2004 representative to sign). Page 2 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL, INDIANA Docket No.' 04110017V Petitioner: 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 drive thru location was placed in a manner to fit in with the context of the site and traffic flow patterns. . 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 Michigan Road. The drive thru location was placed in a manner to fit in with the context of the site. . 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 owner will have to provide the drive thru at the rear, east, of the building, which will effect the building size and parking area size, possibly rendering the whole project infeasible to construct. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Vadance Docket No. c>~l--[ I eX2 I'-/\./' 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 ~ . CHAIRPERSON, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (,~i~'on e~~e~~tati~e ~0 s ig n). Z:~shared\forms\BZA applications~evstandapp Revised 01/05/2004 Page 2 of 8 - z:\shared~forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04110017V Petitioner: My Three Sons Venture, LLC , FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,2004. Board Page 1 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04110016V Petitioner: 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 number of plantings required will be the same; only the width of the buffer yards will be reduced or planters will take the place of in.ground plantings. Plantings cannot be located within the road right of way, but there will be grass in that location. . 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 number of plantings required will be the same; only the width of the buffer yards will be reduced or planters will take the place of in-ground plantings. Plantings cannot be located within the road right of way, but there will be grass in that location. . 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 owner will have to provide all of the buffer yards widths, which will effect the building size and parking area size, possibly rendetfng the whole project infeasible to construct. · DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. ~ I I. C:~ I ~ 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. \~ dayof ~=-~ ~~~~ ,20 C~iL' CHAIRPERSON, Carmel/Clay Board ~f Z~)ning Appeals ,, SECRETARY, Carmel/Clay Board of Zoning Appeals ~y,~= Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:~shared\forms\BZA applications~devstandapp Revised 01/05/2004 t ~.~'~_ · Page 2 of 8 -z:\share~forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04110016V Petitioner: My Three Sons Venture, LLC FINDINGS OF, FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ~,.z2.~_.~,['%~-~ ,2004. uoara Member Page I of 8 - z:~shared\forms~BZA applications\ Development Standards Vadance Application rev. 01105/2004 ARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04110014V Petitioner: 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 number of plantings required will be the same; only the width of the buffer yards will be reduced or planters will take the place of in.ground plantings. Plantings cannot be located within the road right of way, but there will be grass in that location. . 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 number of plantings required will be the same; only the width of the buffer yards will be reduced or planters will take the place of in.ground plantings. Plantings cannot be located within the road right of way, but there will be grass in that location. . 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 owner will have to provide all of the buffer yards widths, which will effect the building size and parking area size, possibly rendering the whole project infeasible to construct. · DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. C),~I I <::)C) I~-'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. CHAIRPERSON, Carmel/Clay Board of'Z°n'~ Appeals SECRETARY, Carmel/Clay Board 'of zoning Appeals ' Conditions of the Board am listed on the back. (Petiboner or his representative tcrsign). Z:~shamd\forms\BZA applications~evstandapp Revised 01/05/2004 ~~ '- Page 2 of 8 - z:\shared~forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04110014V Petitioner: My Three Sons Venture, LLC FINDINGS ,OF FACT ~ DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,2004. , Board Mer~'er ' t Page 1 of 8 - z:\sharecRforms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04110012V Petitioner: 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 acreage of the project is 2. 72 acres, which is only a .28-acre variance from the 3-acre requirement . 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 strfct 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 a .28-acre deficit in land area. DECISION IT IS THEREFORE the decision of,the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 0 ~ l ~ ~ [,'?-,V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated heroin by 'roference and made a part hereof. Adopted this .... day of .... CHAIRPERSON, Carmel/Clay Boa'i'd (~f Zoning Appeals SECRETARy, Carmel/Clay Board of Zoning Appeals Conditions of the Board am listed on the back. (Petitioner or his representative to sign). Z:~shared\forms\BZA applicationsMevstandapp Revised 01105/2004 Page 2 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 LAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04110012V . Petitioner: 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 acreage of the project is 2. 72 acres, which is only a .28-acre variance from the 3-acre requiremenL . 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 a .28-acre deficit in land area. DECISION IT IS THEREFORE the decision DJ: the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. <D.~ [ ~ ~O ~...V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated heroin by reference'"and made a part hereof. Adopted this day of cHAIRPERSON, Carmel/Clay Board of Zoning APpeals. ,2o SECRETARy, Carmel/Clay Board of Zoning Appeals ,?' Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:~shared\forms~BZA applications~devstandapp Revised 01/05/2004 Page 2 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 Docket No.' 04110012V Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana My Three Sons Venture, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,2004. Board M~mber Page I of 8 - z:\shared\forms\BZA applications\ Development Standards Vadanca Application rev. 01105/2004