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HomeMy WebLinkAboutFindings of FactCARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 12110002 V — Section 23C.11.G — location of Stacking for drive -thru lanes Petitioner: H & H Restaurant Management FINDINGS OF FACT — DEVELOPMENT 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 applicant is seeking a variance to permit car stacking along the side of the building. To mitigate this request, the applicant will be installing additional landscape plantings adjacent to the drive -thru stacking area to provide screening and buffering. As a result, the approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the area will be buffered by additional landscape plantings. 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: In addition to the rationale included in the response above, the area adjacent to the site is zoned I -1 Industrial and consists of many types of business, manufacturing and industrial uses. As a result, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 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 strict application of terms of the Zoning Ordinance to the property will result in a practical difficulty because the applicant will be unable to design an efficient and effective site circulation plan for the proposed uses that are permitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Variance Docket No. 12110002 V is granted, 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 26th day of November, 2012. 4/ President, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay oard'f Zoning Appeals CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 12110003 V — Section 25.07.02 -9(b) — total number of signs Petitioner: H & H Restaurant Management FINDINGS OF FACT — DEVELOPMENT 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 proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians. The approval of this request will have little, if any, discernible negative affect on public health, safety, morals and general welfare of the community. In fact, the proposed signs will allow approaching motorists and pedestrians to make informed and safe decisions prior to reaching or passing the building. 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 proposed number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians. 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 ordinance will prevent the conveying of necessary and visible information to the public (both motoring and walking/biking) when in the vicinity of the real estate. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 12110003 V is granted, 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 26`x' day of November, 2012. e BZ:' President, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel/ c Bj' d of Zoning Appeals CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 12110006 V — Section 23C.09.D — 8 feet deep facade offsets Petitioner: H & H Restaurant Management FINDINGS OF FACT — DEVELOPMENT 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: Facade offsets and articulation of the building projections is being provided on the front and rear of each building which is consistent with the mass and scale of the building. 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: Facade offsets and articulation of the building projections is being provided on the front and rear of each building which is consistent with the mass and scale of the building. 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: Facade offsets and articulation of the building projections is being provided on the front and rear of each building which is consistent with the mass and scale of the building. The Zoning Ordinance does not provide for adjustments between large and small buildings thereby requiring the same minimum 8' offset for buildings such as the 100,000 square foot Super Target and the smallest permitted buildings at 2,500 square feet. The strict application of the ordinance would prevent the applicant from providing a building design in terms of mass and scale that is consistent with the smaller size of the proposed buildings. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket No. 12110006 V is granted, 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 2611' day of November, 2012. BZA 'resident, Carmel /Clay B • and of Zoning Appeals SECRETARY, Carmel / y Byrd of Zoning Appeals