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Development Standards Variance
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Docket No. 13010007 V
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1 10610 N. Pennsylvania Street
Cornerstone 106th MOB, LLC
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January 29, 2013
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I CARMELICLAYAaVISORY BOARD OF ZONING APPEALS__ _
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel,Indiana
IDocket No.: 13010007 V
1 Petitioner: Cornerstone 106th MOB, LLC
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DATED THIS 29th DAY OF Jan"ar', ,2013
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Page'9 -.filename:development standards variance 2012.docx.doc rev.12/28/2011
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS- -
FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE
Docket No.: 13010007 V
Petitioner: CORNERSTONE 106th NOB, LLC
1 1. The approval of this variance will not be injurious to the public health,safety, morals and general welfare of the
community because:
The existing use of the building will not be affected after the taking by INDOT
of the required Buffer Yard on the south side of the property. The required
Parking Ratios will still be met.
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 existing Buffer Yard on the south side of the property is being taken by
' INDOT for improvements to 106th St. & US31 for a prposed "fly-over°° interchange.
This will result with minimal loss of parking spaces.
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:
if the 15 feet Buffer Yard requirement were to be enforced, the parking area on
the south side would be eliminated with no other area on site to add parking to
' meet the required Parking Ratio.
DECISION
' IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 13010007 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.
iAdopted this 29th day of January , 2013
CHAIRPERSON, Carmel/Clay Boa rld of Zoning Appeals
SECRETARY,Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
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Page 10 - filename:development standards variance 2012.itocx.doc rev.12/28/2011
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Statement of Variance
BZA Docket No. 13010007 V
1 10610 N. Pennsylvania Street
TAX ID Numbers
16-13-02-00-00-019.001
16-13-02-00-00-021.101
' This Application is for a Development Standards Variance Request for the 15 feet Buffer
Yard Requirement per Section 26.04 on the south side of the property due to INDOT's
"taking" for improvements to 106th Street &US31 for a proposed"fly-over".
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Statement of Support
BZA Docket No. 13010007 V
10610 N. Pennsylvania Street
Tax ID Numbers
16-13-02-00-00-019.001
16-13-02-00-00-021.101
If the 15 feet Buffer Yard Requirement per Section 26.04 were to be enforced, the
existing parking area on the south side would be eliminated with no other areas on site to
add parking to meet the parking requirements.
' We have met with the DOC's Staff, including the Carmel City Arborist, and have
conditioned the approval for this Variance on two conditions:
1. Remove and replace all dead trees and existing live Ash trees on site.
1 2. Add trees and plantings along the west side of Pennsylvania Street which were
removed when Pennsylvania Street was widened, provided there are no utilities
within the planting strip between the sidewalk and edge of pavement.
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