HomeMy WebLinkAboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
DocketNo.: 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 I-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 thi day of az/Lipek, , 20� .
C27RPERSON, Ca' el/Clay Board of Zoning Appeals
Ne44 ('Lj I C'E re—,
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SECRETARY, Carmel/Cla f Bo.f: 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