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HomeMy WebLinkAboutFindings of Fact CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA (Set Back Variance) Docket No.: 05020040 Petitioner: Fineberg Group LLC FINDINGS OF FACT - DEVELOPMENTAL 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 use and value of the area adiacent to the property may not be affected in a substantially adverse manner by allowing the front yard setback line to be reduced. The spirit and intent of the Carmel Drive/Rangeline Road overlay district promotes zero-foot yard setbacks. 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 use and value of the area adiacent to the property may not be affected in a substantially adverse manner by allowing the front yard setback line to be reduced. The spirit and intent of the Carmel Drive/Rangeline Road overlay district promotes zero-front yard setbacks. 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 strict application of the Zoning Ordinance may result in practical difficulties in the use of the property.. due to fact that the owner may not be able to achieve a proper outdoor display area in the front part of his property. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance Docket No. 05020040 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 28th day of March, 2005. '\ Conditi9ns of the Board are listed on the back. (Petitioner or his representative to sign.) #1028 REV. 7-89 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA (Second Story Signs) Docket No.: 05020041 Petitioner: Fineberg Group LLC FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public Ilealth, safety, morals and general welfare of the community because: The building design has two sides: one that faces the streets.. and one that faces the interior courtyard/parking area. Signage on the rear of the building will help patrons identify a business. 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 building design has two sides: one that faces the streets and one that faces the interior courtyard/parking area. Signage on the rear of the building will help patrons identify a business. 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: Patrons who visit the site may find it hard to locate a business.. once parked at the rear of the building.. possibly causing tenants to lose business/customers. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance Docket No. 05020041 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 28th day of March, 2005. Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) #1028 REV. 7-89 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA (Reduced On Site Parking) Docket No.: 05020042 Petitioner: Fineberg Group LLC FINDINGS OF FACT - DEVELOPMENTAL 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 reduced number of parking spaces will be mitigated with a cross parking easement with Carmel Walk to the south. Parking will still be available.. but in an efficient manner. 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 reduced number of parking spaces will be mitigated with a cross parking easement with Carmel Walk to the south. Parking will still be available.. but in an efficient manner. 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 owner will not be able to construct this redevelopment proiect.. thus.. hurting his business and the City's vision for the Carmel Drive/Rangeline Road corridors. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance Docket No. 05020042 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 28th day of March, 2005. t" Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) #1028 REV. 7-89