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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 12090006 V, 12090007 V and 12090010 V Petitioner: Gibraltar Properties, Inc. 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 granting of the variance will allow the continued use of the property in compliance with the Zoning Ordinance. The continuation of the use of the property in the same manner in which it has operated, since its approval will not be injurious to the public heath, safety, morals and general welfare of the community. The taking of part of the property by the State will result in a reduction in building setback, parking spaces and landscaping, which will not impact the public heath, safety, morals and general welfare of the community. 2. 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 granting of the variance will allow the continued use of the existing property in compliance with the Zoning Ordinance. The continuation of the use of the property, including but not limited to the use of existing access areas to adjoining properties, in the same manner which the property has operated since its approval, will not affect the use or value of adjacent properties, many of which will also be - diminished by reason of the takings incident to the State's Transportation's project to make US 31 a limited access roadway. 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: A portion of the property is being taken by the State for use as public right-of-way in the Indiana Department of Transportation's project.to make US 31 a limited access roadway. The taking will result in inadequate room for the necessary setbacks, the elimination of some required parking spaces and the elimination of required landscaping and landscape area. The applicant is requesting relief from the ordinance standards noted in its application for variance in order (i) to maintain compliance with the Zoning Ordinance in so far as the taking_of Property by the State would otherwise result in non- compliance and (ii) to allow the continuation of the use and property in the same manner which it has operated since its establishment. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket Nos. 12090006 V and 12090007 V are 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 24th day of September;20 2. Hearin facer, Carmel Board oning Appeals SECRETARY, Carmel Bo;A of oning Appeals Gibraltar-Findings of fact Ballot sheet 091212 CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel,Indiana Docket No.: 12090006 V, 12090007 V and 12090010 V Petitioner: Gibraltar Properties, Inc. FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet) 2. 3. DATED THIS 24th DAY OF SEPTEMBER,2012. / . Hea 7g Officer Gibraltar-Findings of fact Ballot sheet 091212