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HomeMy WebLinkAboutFindings of Fact.1. .2. Docket No.' Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA - - FINDINGS~OF FACT - SPECIAL USE The premises in question is particularly physically suitable for the proposed Special Use because: The land is about 15 acres of pasture with a sma]]_ creek running thrmi~h it.~ southern half where trees surround the creek. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community .3. and its anticipated effect on surrounding property values because: A riding arena and horse stable zs in tune with the intended use of land for land west of .Spring Mi~ll Ro.ad~..Tb.i~ land is rese. rved for hous~in~g Qn .ver~.~,l.~rge. lots, :. co :crea~_e_-a_ ru~a~_.r~szaen~za~ ar~a, 2according..tO_ page_.3'_=_~: ot:.the_-:.~,.%con~. ) The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed S~(~ial Us~ will affect neighi~o~hqod i0tegrity because; r~ng arena w~ oe ~n~oors, an~ the outdoor area will be fenced in. .4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and sto~-~, draina.cle facilities and police and fire protection because: The ~fechnical ~visory Committee has reviewed the site plan, drainage, and utilities, and all concerns have been addressed. . .6. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon ecial s i op_osed ecause: ~eh~ec~zcla~ ~sory ~mmzttee has reviewed the site plan, drainage, and utitzties, and 'ail concerns have been addressed. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and doesnotflndth~thosec~eriaprevent.thegranting oftbe ~pecialUse:. The ~Technical Advisory Commfttee has rev£ewed the site p£an, drainage, and utilities, and all concerns have been addressed. 7 The site does not lie within a flood plain per the FIRM map #18057C0205 F, date~ · DECISION -' Feb. 19, 2003. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals' that Special Use Docket Number is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. __ , 20 ~_.~,... Adopted this CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). -;~',-;~(2).Compre_hen.sive~ ,Pi.an. Land uses such as barns, riding stables, and riding arenas fit in with the [aorzc of a rural area. Docket No.' Petitioner: CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana ! FINDING~'/OF FACI -SPECIAL USE {Ballot Sheet} DATED THIS Page 7 of 8 - z:~shared~forms~BZA applications\ Special Use Application rev. 01/04/05 Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT - DEJLOPMENT 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 area is zoned rural residential, where a riding a~ena .and horse stable is in tune with the intended use of land for land west of Spring Mill Road. This land is reserved for housin~ on very large lots. to create a r,]r~¥ res]d~nti~] area; according to page 5z3 of th~ Comprehensive Plan. Land uses such as barns, rzding st~bles~ and riding arenas fit in with the fabric of a rural area. The indoor riding arena is placed far away from West Road. Also, the architecture -:-~'o',°(cont. ) 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 area is zoned rural residential, where a riding arena and horse stable is in tune with the intended use of land for land west of Spring Mill Road. This land is reserved for housing on very la. rge lots, to create a rural residential area, according tq p~g~ 5-3 of th~ .Co~prehensi.ve ~l~n, La~d uses such as ~arn$.~riding stables, and r~Gzng arenas tic ~n w-zth the fabric or a rural area. lne [nGoor riding arena is placed far away from West Road. Also the architecture -;c;~(cont. ) 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 dif~_'._. ficuitles zn the use ot the property, due to ~act that the owner will not be able to construct an indoor riding arena, without first reducing the size of the build- ing, thus affecting the interior space of the riding arena. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 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 / 5"~" dayof ~ ,/'~),-~/~d ,20L"~'~,-'"-'. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals ~'~ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). ~'.-~'~'-'(1)of the building will maintaing the quality of the area. ';~+;~(2)of the building will maintain the quality of the area. Page 8 of 8- z:~sharecNormstBZA aPl3#caflons~ Development Sl~ndards Varfance Application rev. 01/04/2005 Docket No.: Petitioner: CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana FINDINGS OF FACT - DEVE PMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF Page 7 of 8 - z:~shared~forms\BZA applications\ Development Slandards Variance Application rev. 01/04/2005 . Docket No.' Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA 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 area is zoned rural residential, wehre a riding areana and horse stable is in tune with the intended use of land for land west of Spring Mill Road. This area, according to page 5-3 of the Comprehensive Plan. Land uses such as barns, 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 indoor riding arena is placed far away from West Road. Also, the architect- ure of the building will maintain the quality of the area. 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 dif- ficulties in the use of the property, due to fact that the owner will not be able to construct ~n indoor riding arena: without first erecting a home on the parcel that is larger than the indoor riding arena/stables. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and ~ad~a part hereof. Adopted this /.5'~ dayof ~---~b/" t./O-." ,20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). Page 8 of 8 - z:~ha~ app~icafions~ Development Standards Variance Apl=acation rev. 01/04r2005 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVEI: Carmel, Indiana DPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF Board ~e~m be r Page 7 of 8 - z:~sharec~forms~BZA applications\ Development Standards Variance Application rev. 01/04/2005 -7