HomeMy WebLinkAboutPacket 5-29-12IC€iiILLERLP
LEGAL COUNSEL
INDIANAPOLIS 1 CHICAGO 1 NAPERVILLE 1 WASHINGTON D.C.
City of Carmel
Hearing Officer
May 24, 2012
12040007 V and 12040009 V
14598 Lowes Way, Carmel, Indiana
Lowe's Home Center, Inc.
Timothy E. Ochs, Esq.
ICE MILLER LLP
Attorney for Petitioner
One American Square 1 Suite 2900 1 Indianapolis, IN 46282 -0200 1 P 317 236 -2100 1 F 317 236 -2219
www.icemiller.com
ICEiILL€RLLP
LEGAL COUNSEL
City of Carmel
Hearing Officer
May 24, 2012
12040007 V and 12040009 V
Lowe's Home Center, Inc.
TABLE OF CONTENTS
1. Original Landscaping Plan
2. Plan showing Right -of -Way Taking
3. Sign Elevation (north wall of building)
4. Findings of Fact
5. Ballot Sheet
One American Square I Suite 2900 I Indianapolis, IN 46282 -0200 1 P 317 236 -2100 I F 317 236 -2219
INDIANAPOLIS 1 CHICAGO 1 NAPERVILLE 1 WASHINGTON D.C. www.icemiller.com
Docket No.:
Petitioner:
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because:
The variance will simply allow the continued operation of an existing home improvement
center. The use of the subject real estate in the same manner as that which has existed for
many years is not injurious to the public health, safety, morals and general welfare of the
community. The reduction in landscaping and the addition of one sign will not impact public
health, morals and welfare.
2. The use and value ofthe area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because:
The variance will simply allow the continued operation of an existing home improvement
center, which has existed for many years in this location. Continuing the same use will have
no substantial adverse impact on the use or value of the area adjacent as the same use will
remain intact. Moreover, the surrounding area is commercial in nature, and the reduction in
landscaping and the addition of a sign will have no impact on these adjacent commercial
uses.
3. 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 need for the variance arises solely from the taking of right -of -way along 146 Street and
US 31 and the Indiana Department of Transportation's plans to make US 31 a limited access
highway. As a result of the condemnation, inadequate room exists for the required
landscaping. As a result of the US 31 project, the prior signage is inadequate for the existing
store.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development
Standards 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 day of 2012.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals