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HomeMy WebLinkAboutFindings of Fact CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: 12090017 V Indiana Association of Seventh Day Adventist, Inc. Petitioner: 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: see attached 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: see attached 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: see attached 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 � da of av v , 20 )2' CHAIRPERSON, Carm /Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoni c pp=. 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 • Carmel Seventh-day Adventist Church (formally Carmel Hope Fellowship)Finding of Facts. 1. The request is for gravel that will be on an as-needed basis in a phased construction and will be temporary. A gravel lot on a temporary basis will not be injurious to the public health, safety and morals and general welfare of the surrounding community. 2. It will be temporary and on an as-needed basis. A temporary gravel lot will not affect in a substantially adverse manner adjacent properties. To the East is a pond,West is a neighborhood with an existing privacy fence and south has a privacy fence also. 3. The Request is not for a permanent gravel lot, but a temporary on an as-needed basis. The desire is to have concrete parking. The strict application of no gravel will possibly require parking on Carey Road which isn't ideal. If they need additional parking, having the option of placing gravel will help, on a temporary basis. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana 12090017 V Docket No.: Indiana Association of Seventh Day Adventist, Inc. Petitioner: 1. 2. 3. 6Pv�VA. 7 ���✓�j i��c �+ �S� ern- /� fi' y � 77 rte /i +. l/✓l rory 11 ve-e-- Csi keitpi-a,le °,4-1A5s, DATED THIS �� DAY OF �` '"� ` 20 `� „(z Bard Member Page 9 - filename:development standards vanance 2012,doc rev.12/28/2011 • • FINDINGS OF FACT -SPECIAL USE CARMEL/CLAY BOARD OF ZONING APPEALS • (Petitioner to fill out 1-5) Docket No.: 12090016 SUA Indiana Association of Seventh Day Adventist, Inc. Petitioner: 1. The premises in question is particularly physically suitable for the proposed Special Use because: see attached sheet 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: see attached sheet 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: see attached sheet 4. The Special Use will not injuriously or adversely affect the adequacy and availability o f water, sewage and storm drainage facilities and police and fire protection because: see attached sheet 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: see attached sheet DECISION Yes No: The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number is granted, subject to any conditions stated in the minutes of this Board,which are incorporated herein by reference and made a part hereof. ,4 opted this 2 /, day of t'tr)V C � , 20 1 l � CHA -PERSON C rmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board ool onit ppeals Conditions of the Board are listed on the back; (Petitioner or his representative to sign). Page 10— filename:special use application 2012.doc rev.12/28/2011 Carmel Seventh-day Adventist Church (formally Carmel Hope Fellowship)Finding of Facts. 1. It is located directly adjacent to the existing Church parking lot. The parking and plantings will make the best use of available space to adequately handle the intermittent traffic this small church generates. 2. A church facility is typically viewed as a welcome neighbor. The church has been continually expanding on this site since 2004 according to the approved Special Use plan at that time. The church's size and style has been compatible with surrounding single-family homes. The expansion of the parking lot will provide much needed space for the congregation as it completes its final building expansion. 3. The church's mission is to serve the community's spiritual needs while being an integral part of the neighborhood. The building and current parking lot has blended nicely with surrounding homes since 2004. A commitment made in 2004 for a berm along the southern property line will transfer with this new Special Use request and be placed along the new south property line to help with buffering of the adjacent residential neighbor. 4. The proposed parking lot will not affect water or sewage. Storm drainage facilities are available from the current parking lot and offsite detention pond and both have capacity for the additional hard surface of the parking lot. 5. Current roads will easily accommodate the church's traffic (typically weekend and off-peak weekday times). The current church entrance will remain unchanged and is now fully constructed with acceleration/deceleration tapers and a passing blister. The existing residential entrance onto Carey Road will be removed. The current church entrance is intended to be the only access point to Carey Road as submitted. IBALLOT SHEET) FINDINGS OF FACT -SPECIAL USE CARMEUCLAY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) 12090016 SUA Docket No. : Petitioner: Indiana Association of Seventh Day Adventist, 1. 2. 3. 4. 5. 6. DATED THIS 2-7 DAY OF (/G>—Oc9`6 , 20 /2. Board Member Page 9— filename:special use application 2012.doc rev.12/28/2011 • CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: Petitioner: 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The request is for gravel that will be on an as-needed basis in a phased construction and will be temporary. Having gravel on a temporary basis will not be injurious to the public health, safety morals and general welfare. 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: It will be temporary and on an as-needed basis. Temporary gravel lot will not affect in a substantially adverse manner adjacent properties. To the East is a pond, West is a neighborhood with a privacy —fence., the south has a privacy fence. 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 request is not for a permanent gravel, put a temporary on an as-needed basis. The desire is to have concrete parking. The strict application of no gravel will possibly require parking on Carey Road which isn't ideal. If they need additional -parking, having the option of placing gravel will help, on a temporary basis. - 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 • • LAND DESCRIPTION PER INSTRUMENT NO. 2007059514 • • PART OF THE NORTHWEST QUARTER OF SECTION 20,TOWNSHIP 18 NORTH,.RANGE 4 EAST, HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:tBEGIN AT A POINT IN THE WEST LINE OF SAID QUARTER SECTION 505 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; RUN THENCE SOUTH UPON AND ALONG THE WEST LINE, 150 FEET TO A POINT; THENCE RUN EAST AND PARALLEL TO THE NORTH LINE OF SAID QUARTER SECTION 200 FEET TO A POINT; RUN THENCE NORTH AND PARALLEL TO THE WEST LINE AFORESAID, 150 FEET TO A POINT; RUN THENCE WEST AND PARALLEL TO THE NORTH LINE AFORESAID, 200 FEET TO THE PLACE OF BEGINNING.