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HomeMy WebLinkAboutFindings of Fact --,' CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 04090009 UV (Use Variance) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent to the Real Estate, it is not permitted/on the Real Estate. Consequently, the proposed use is consistent with surrounding zoning. Further, the Petitioner will endure unnecessary hardship if the use variance is not granted because he will not be able to operate a veterinarian hospital on the Real Estate and he will be denied an opportunity to construct upon the Real Estate a new building which will be more compatible to the adjacent buildings along Rangeline Road and he will be denied an opportunity to continue to foster the redevelopment of sites located along Rangeline Road. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1 ,B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent to the Real Estate, it is not permitted on the Real Estate. Consequently, it appears that the proposed use is consistent with surrounding zoning. The granting of this variance will promote public health, safety, morals and general welfare of the community because the Petitioner proposes to construct upon the Real Estate a new building which will be more compatible to the adjacent buildings along Rangeline Road 'and which will continue to foster the redevelopment of sites located along Rangeline Road. Further, the building design will be an asset to the community. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent to the Real Estate, it is not permitted on the Real Estate. Consequently, it appears that the proposed use is consistent with surrounding zoning. Further, if the use variance is granted and the Real Estate is redeveloped, it should have a positive impact and effect on adjacent properties and their property values. 4. The need for the variance arises from a natural condition peculiar to the' subject because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitte'd on sites nearby and adjacent to the Real Estate, it is not permitted on the Real Estate. However, absent a use variance, the Petitioner will be denied the opportunity to operate a veterinarian hospital on the Real Estate and he will be denied an opportunity to continue to foster the redevelopment of sites located along Rangeline Road. 5. The granting of this variance does not substantially interfere with the CarmeVClay Comprehensive Plan because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, the proposed use appears to be consistent with permitted uses surrounding the Real Estate. Further, the Comprehensive Plan for this general area seems to suggest a designation of Low ~-"..~ Intensity/Regional- Commercial Employment Area. Thus, the proposed use varIance request IS compatible with the Comprehensive Plan. DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that U se Variance Docket No. 04090009 UV 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. ~ C IRPERSON, Carmel/Clay Board of Zoning Appeals ~~ ARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 8 of 8 - Use Variance Application 1 Intensity/Regional- Commercial Employment Area. Thus, the proposed use varIance request IS compatible with the Comprehensive Plan. DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that U se Variance Docket No. 04090009 UV 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. ("~" SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 8 of 8 - Use Variance Application CARMEL/CLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090009 UV (Use Variance) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. ~;"VJ h---'j::o.N~ /6 -ex..- 0vfd-cor d'J& f(!-"it"dvV 2. '.D> 3. 4. 5. DATED THIS 28TH DAY OF MARCH, 2005. .". ~..~ Board Member Page 7 of 8 - Use Variance Application CARMEL/CLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090009 UV (Use Variance) Dr. Anthony Buzzetti - Veterinarian Hospital Petitioner: 1. FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 2. /0 f.f(.ltfJfr f~ IJoILl/Jlf4J(f1t,T - LA"Q If", #72{ tlL/Q- "W ) (l,tfI/1,1 tr //tf 3. 4. 5. DATED THIS 28TH DAY OF MARCH, 2005. Board Page 7 of 8 - Use Variance Application ,;', ......~. ... CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090009 UV (Use Variance) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital 1. 2. r'~' 3. 4. 5. DATED THIS 28TH DAY OF MARCH, 2005. \ B Page 7 of 8 - Use Variance Application ,~.J. . CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 04090010 V (Variance from Chapter 27.05 regarding required number of parking spaces) Petitioner: Dr. Anthonv Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE 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 reduction in the required number of parking spaces allows the building to be located closer to the street in furtherance of the spirit and intent of the new Rangeline Road Overlay. Further, in attempting to comply with the spirit and intent of the new Rangeline Road Overlay, the Petitioner is actually prevented from adding additional parking spaces to the site. Finally, because of the small size of the site, it creates site constraint issues which also prevent the inclusion of additional parking spaces on the site. 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 reduction in the required number of parking spaces allows the building to be located closer to the street in furtherance of the spirit and intent of the new Rangeline Road Overlay. Also, by granting this variance, it allows the Petitioner to redevelop the site, which has been vacant for a significant time. The redeveloped building will be an asset to the community and should have the effect of improving the adjacent property values. 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 due to the fact that the Petitioner will be prevented from constructing upon the site a building which is consistent and compatible with the spirit and intent of the new Rangeline Road Overlay. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. 04090010 V 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. C (' ERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 8 of 8 - Use Variance Application 1..'.'.':1.',.'1.'..'.. , CARMEL/CLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090010 V (Variance from required number of parking spaces) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28TH DAY OF MARCH, 2005. Page 7 of 8 - Use Variance Application , CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090010 V (Variance from required number of parking spaces) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DA TED THIS 28 TH DAY OF MARCH, 2005. ~. Page 7 of 8 - Use Variance Application ,: CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090010 V (Variance from required number of parking spaces) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28TH DAY OF MARCH, 2005. ;flU- Page 7 of8 - Use Variance Application .'" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 04090023 V (Variance from Chapter 26.04.05 regarding buffer yard planting requirements) Petitioner: Dr. Anthonv Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because a significant number of plantings will still be located on the site and, due to the small size of the site, it creates site constraint issues which prevent the proper planting of all required landscape material. 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 allowing this variance permits the Petitioner to redevelop the site, which has been vacant for a significant time, pursuant to the spirit and intent of the new Rangeline Road Overlay. Further, because the redeveloped building will be an asset to the community, it should have the effect of improving adjacent property values. 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 due to the fact that the Petitioner will be prevented from constructing upon the site a building which is consistent and compatible with the spirit and intent of the new Range line Road Overlay. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. 04090023 V 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. IRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. .J","" .. ~ "-, CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090023 V (Variance from buffer yard requirements) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28TH DAY OF MARCH, 2005. Page 7 of 8 - Use Variance Application , CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090023 V (Variance from buffer yard requirements) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28TH DAY OF MARCH, 2005. Page 7 of8 - Use Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090023 V (Variance ftom buffer yard requirements) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28TH DAY OF MARCH, 2005. Bo Page 7 of8 - Use Variance Application .,.. CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 04090025 V Variance from Chapter 19.04.02 regarding front yard set back) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE 1. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the Phase 1 expansion of the building will be located 45' from the front property line. If the Phase 2 expansion occurs, it would allow the building to be located adjacent to the front property line which is compatible with the spirit and intent of the new Rangeline Road Overlay. Further, the redeveloped building will be an asset to the community, and it should have a positive effect on adjacent property values. 2. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because the Phase 1 expansion of the building will be located 45' from the front property line. If the Phase 2 expansion occurs, it would allow the building to be located adjacent to the front property line which is compatible with the spirit and intent of the new Rangeline Road Overlay. Further, the redeveloped building will be an asset to the community, and it should have a positive effect on adjacent property values. 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 due to the fact that, if the variance is not granted, the new building expansion will not have a consistent set back as future development along Rangeline Road as would be required by the new Rangeline Road Overlay. The denial of this variance would have a negative impact on the Petitioner and community and would not be consistent with the overall vision for this corridor of Rangeline Road. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. 04090025 V 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. r' c ERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals ~ f · ~onditions of the Board are listed on the back. Page 8 of 8 - Use Variance Application ~~ CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090025 V (Variance from front yard building set back) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28 TH DAY OF MARCH, 2005. , B Page 7 of 8 - Use Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090025 V (Variance from front yard building set back) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DA TED THIS 28 TH DAY OF MARCH, 2005. Board Page 7 of 8 - Use Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090025 V (Variance from front yard building set back) Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 28 TH DAY OF MARCH, 2005. ~~. ~~ Page 7 of 8 - Use Variance Application