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CARMEL/CLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
Docket No.: 12110008 UV
Petitioner: Midwest Academy, Inc.
1 The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such
that enforcement of the zoning ordinance will result in unnecessary hardship because:
The Carmel Zoning Ordinance only permits elementary and secondary schools in limited areas (mostly residential)
by Special Use. The academy serves a constituency that is not localized in a particular area of the city and is better
able to fulfill its purposes if located in the central area of Carmel where available sites for schools are limited.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The present location of the academy on Congressional Blvd. in Carmel is close by and is also located in the
M -3 zoning district. Relocation to Chase Court will not substantially change its impact on the community.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
There are many schools already located in the North Central planning area of Carmel, including a Ball State
University charter school nearby on West Carmel Drive; the academy's existing facility is not far from this location.
The need for the variance arises from a natural condition peculiar to the subject property because:
Midwest Academy is presently located in the North Central planning area of Carmel and there are few, if any;
properties in this area where a Variance or Special Use would not be required for a school use.
5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because:
The Comprehensive Plan recognizes that the North Central planning area is home to many of the city's educational
resources and calls for opportunities to introduce additional educational resources in this area.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use Variance Docket No.
12110008 UV is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part hereof.
dopted this _y off `J y , 20 13
RP RSON, Carmel /Clay'Board of honing Appeals
SECRETARY, Carmel /Clay Boar of Z. g Appeals
Conditions of the Board are listed on the back.
Page 10 — filename: use variance application 2013.docx rev. 01/02/2013
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No 12120019 V
Petitioner: Midwest Academy. Inc.
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The parking requirements are based largely upon class size and the property currently has
a sufficient number of parking spaces given the small class sizes of the academy.
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 school use will be compatible with the adjacent properties and uses: there are
several schools located in the North Central planning area of Carmel, including a charter
school on West Carmel Drive.
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:
Additional parking will not be necessary for the proposed school use due to the small class
sizes and would be an unnecessary expense; construction of additional parking on the site
would likel have an adverse effect on the landsca•e buffer located alone the west .ro•ert line.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 12120019 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.
Aijdaof d this Z'� 7
SON, Came C ay Board of Zoning
SECRETARY, Carmel /Cla
,2013
Appeals
is
/ s
oar„ of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
Page 10 - filename: development standards variance2012 .doc rev. 12/28/2011