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HomeMy WebLinkAboutFindings of Fact(buffer yard requirements) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 05010026V Petitioner: Tom Wood Nissan 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 Petitioner enlarged the western boundary buffer area along Bauer Drive by five feet in excess of the required buffer yard and along the eastern boundary where the buffer yard was reduced by five feet, there is a green area directly adjacent used for a drainage swale. The number of plantings will still be maintained as approved by the Urban Forester. . 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: There is a drainage green space swale along the boundary where Petitioner is requesting a reduced buffer area which provides a buffer area between the sites. The number of plantings will be maintained as approved by the Urban Forester. The strict application of terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The parking areas and circulation lanes will be curtailed and to provide a larger buffer than required by the ordinance along Bauer Drive would create difficulty in plan design if the buffer along the east side is not reduced. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05010026V 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 ~,..~ , 2005. ~/~AIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clat~Boa~of Zoning Appeals Conditions of the Board are listed on the back. (Petitione~r his representative to sign.) " (buffer yard requirements) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 0fi010026V Tom Wood Nissan FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . . DATED THIS ~"~"' DAY OF Bo~ Member Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (buffer yard requirements) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: 0fi010026V Tom Wood Nissan FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . , DATED THIS ~'?, : DAY OF Boa~vleml~e r" ' Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/04/2005 (buffer yard requirements) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: 0_~010026V Tom Wood Nissan FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . , DATED THISDAYOF , /-BOard ~ler~ber Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (buffer yard requirements) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: 05010026V ~- Tom Wood Nissan FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DAY OF ,. d ¢rU', ~ ,20 O,~'- B,c~a~d Member - (--------'-'-'- Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (buffer yard requirements) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: 05010026V Tom Wood Nissan FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . . DATED THIS ~'70C" 7'~ ~"~~ DAY OF .. ,20 Bo~r(~ Mer~ber Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (total number of signs) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 05010027V Petitioner: Tom Wood Nissan 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 facility is located in a commercial district and the signs are not visible from any non-commercial area. The Petitioner does not exceed the allowable total square footage -- only the number of signs. The clear sign identification promotes public health, safety and general welfare by helping the public to quickly identify the location and access to the business. . 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 facility is located in a commercial district and the signs are not visible from any non-commercial area. The Petitioner does not exceed the allowed total sign square footage; only the number of signs and accordingly will have less of an impact on area adjacent to the property because of the reduced square footage. o The strict application of terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The two signs on site will not provide sufficient identification for the public to quickly, easily and safely make decisions while driving to the site. Also, it is not practical to have one sign to identify the dealer and manufacturer's name which would be larger and bunched together. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05010027V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. -dayo ,2005° CH~ERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay~l~,oar~f Zomg Appeals Conditions of the Board are listed on the back. (Petitioner or his represent~e t9 ~ign.) (total number of signs) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05010027V Tom Wood Nissan- Petitioner: .' . · FINDINGS OF FACT-,DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,20 Page 7 of 8 - z:\shared~,fo,rrns\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (total number of signs) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 05010027V Petitioner: Tom Wood Nissan- FINDINGS OF FACT ,-.,,,,,,DE,VELO. PMENT STANDARDS VARIANCE, (,Ball,,,o, t, Sheet) , · . , DATED THIS '~~'~ DAY OF,, ,~r~ ~V~44..~c-" ~;;~ .20 Page 7 of 8 -z:~shared\fo.rms\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (total number of signs) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel' Indiana Docket No.: 05010027V Tom Wood Nissan- Petitioner: FINDINGS OF FACT - DEVELOP,,..MENT STANDARDS VARIANCE (Ballot Sheet) , , Board Member Page 7 of 8 - z:~shared~fo.rms\BZA applications\ Development Standards Vadance Application rev. 01/04/2005 (total number of signs) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05010027V Tom Wood Nissan ~ Petitioner: ' FINDINGS OF FAC ,,T,,,,,-,,, DEVELO, PMENT STANDARDS VARIANCE (Ballot Sheet) . · . . DATED THIS "~?"~ DAY OF B,e'~rdMember ..... Page 7 of 8 - z:~shared\fo,rms\BZA applications\ Development Standards Variance Application rev. 01104/2005 (total number of signs) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05010027V Tom Wood Nissan ~ Petitioner: FINDINGS OF FACT - DEVELOP.ME..N.T STANDARDS VARIANCE (Ballot Sheet) . . Page 7 of 8 - z:~shared~,fo.rms~BZA applications~ Development Standards Variance Application rev. 01/04/2005 (5 signs oriented south) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 05010028V Petitioner: Tom Wood Nissan 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 facility is located in a commercial district and the signs are not visible from any non-commercial area. The Petitioner does not exceed the allowable total square footage -- only the number of signs. The clear sign identification promotes public health, safety and general welfare by helping the public to quickly identify the location and access to the business. . 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: o The facility is located in a commercial district and the signs are not visible from any non-commercial area. The Petitioner does not exceed the allowed total sign square footage; only the number of signs and accordingly will have less of an impact on area adjacent to the property because of the reduced square footage. The strict application of terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The two signs on site will not provide sufficient identification for the public to quickly, easily and safely make decisions while driving to the site. Also, it is not practical to have one sign to identify the dealer and manufacturer's name which would be larger and bunched together. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05010028V 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 '~.'.-~~ ,2005. CI-~IRPERSON, Carmel/Clay Board of Zoning Appeals ~E-~C-RECI'ARY, Carmel/Clay~oar~f Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his represe]~v~ to~ s~n.) - (5 signs oriented south) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS' Carmel, Indiana Docket No.: 05010028V Petitioner: Tom Wood Nissan FINDINGS OF FACT- DE, VELO. P,,ME,,N .T, STANDARDS vARIANCE (Ballot Sheet) . . . DATED THIS ~2~ ~ DAY OF t;15~a rd Member Page 7 of 8- z:\shared\forms\BZA applications\ Development Standards Vadance Application rev. 0110412005 . . (5 signs oriented south) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS' Carmel, Indiana Docket No.: 05010028V Petitioner: Tom Wood Nissan FINDINGS OF FACT- DE,VELOPMEN~ STANDARDS'VARIANCE (Ballot sheet) . . . Bo~d Member Page 7 of 8 - z:\shared\forms\BZA applications~ Development ,Standards Variance Application rev. 01/04/2005 . . (5 signs oriented south) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS' Docket No.: 05010028V Petitioner: . Carmel, Indiana Tom Wood Nissan FINDINGS OF FACT - DEVELOPMENT STANDARDS vARIANCE (Ballot Sheet) . . Board Member Page 7 of 8 - z:\shared\f.orms\BZA applications\ Development Standards Variance Application rev. 01/04/2005 (5 signs oriented south) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS' Docket No.' 05010028V Petitioner: . Carmel, Indiana Tom Wood Nissan FINDINGS OF FACT - DEVELOPMENT STANDARDS vARIANCE (Ballot Sheet) , , DATED THIS ~..,~--1~ DAY OF Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Vadance Application rev. 0110412005 · . (5 signs oriented south) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS' Carmel, Indiana Docket No.: 05010028V Petitioner: Tom Wood Nissan FINDINGS OF FACT - DEVELOPMENT STANDARDS'VARIANCE (Ballot Sheet) . . DATED THIS Z~;;:~ ~ DAYOF ,20 Page 7 of 8- z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/04/2005 · , (maximum lot coverage) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 05010029V Petitioner: Tom Wood Nissan 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 Petitioner has received approval on his landscaping plan from the Urban Forester and Petitioner dedicated right-of-way to the City/County several years ago at the request of that governmental unit which if the land had been retained the development could have met the maximum lot coverage percentage. The requested lot coverage is a variance of 8% to have 88% lot coverage. Also, by utilizing underground on-site water detention, Petitioner is providing a safer detention of water than using a detention pond which could be an attractive nuisance and which detention contributes to the public health, safety and general welfare of the community. 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 Petitioner has proposed to develop the real estate in a safe manner to promote the public good by using underground detention which has a lesser impact to adjoining owners and the 8% variance allows the Petitioner to not be penalized for donating real estate for right-of-way several years ago at the request of the City/County for 96th Street. The strict application of terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Petitioner has developed a plan which balances the needs of the community with the commercial interests of the area and land owners should be encouraged to work with the City/County in projects for the public good, and subsequently should not be penalized. The real estate was acquired by the Petitioner for his intended use, and due to the dedication of right-of-way to the City/County, it may not be feasible to be built at all. By developing the project as proposed and approved by the Plan Commission, the project maintains its commercial facility and promotes the good of the community. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05010029V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. A~dopted this ,e~~ day of /~~~ ,2005. · · CH.2~ERSON, Carmel/Clay Board of Zoning Appeals - SECRETARY, :~ Zoning Appeals ~~'~.~ Conditions of the Board are listed on the back. (metlt!e~li'er or his r.~resentatlve to s~krn.) .......... (maximum lot coverage) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 05010029V Petitioner: Tom Wood Nissan FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS ~,~, ~) DAY OF ~~ , 20 (~)~ l~rd Member Page 7 of 8 - z:~shared\forms\BZA applications\ Development Standards Variance Application rev. 01104/2005 .. (maximum lot coverage) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05010029V Petitioner: Tom Wood Nissan FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . Boa ~' Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01104/2005 ,. (maximum lot coverage) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05010029V Petitioner: Tom Wood Nissan FINDINGS OF FACT-...,DE.,VELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF , 20 Board Member Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/04/2005 ., (maximum lot coverage) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 05010029V Tom Wood Nissan Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) ...... . . . DATED THIS ~;~7~'~ DAY OF ~~ r~ember Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/04/2005 ,, (maximum lot coverage) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05010029V Petitioner: Tom Wood Nissan FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) o . . ~/ ~o of Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01104/2005 ,.