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HomeMy WebLinkAboutPacket CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana OPA 44. Docket No : 12070012V & 12070013V Petitioner: David Kingen & Justin Kingen `: r �6 0 1. 2. 3. DATED THIS DAY OF , 20 Board Member Page 9 - filename:development standards variance 2012.doc rev.12/28/2011 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: 12070012V & 12070013V Petitioner: David Kingen & Justin Kingen 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: These variance requests are needed to bring the subject site in compliance with the front yard build-to line and front buffer yard standards of the City of Carmel Zoning Ordinance, and will create zero safety issues and will have virtually no impact on 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 surrounding properties to the subject site will not be effected in any manner due to the fact that nothing is changing on the property itself. These variance requests are simply to bring the subject site compliant with the Zoning Ordinance. 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: As indicated on the corresponding documents, a portion of the subject site has been "taken" as part of the road widening project by INDOT along 1-465 and U.S. 31 Corridor. This "taking" has made the subject site legally nonconforming, therefore the variance requests are to make the property legally conforming. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance 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 , 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 - filename:development standards variance 2012.doc rev.12/28/2011 ATTACHMENT"C": Petitioner seeks Variance of Development Standards to allow: 1. Legally establish the reduction of the front yard Build-To line of U. S. 31 Corridor and I-465 right of way line from ninety (90) feet to sixty five (65) feet, as required in Section 23B.08 (Height and Yard requirements). 2. Legally establish the reduction of the front buffer yard along U. S 31 Corridor and I-465 right of way line from fifteen (15) feet to zero (0) feet , as required 26.04 (Perimeter Buffering Requirements). 7/12/12