HomeMy WebLinkAboutFindings of Fact CARMEL/CLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
Docket No.: 1212 00 0 4UV
Petitioner: Meridian 131, LLC
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 proposed use is contemplated and permitted by the zoning district; however,
due to additional right-of-way taken by the State, the real estate may no longer be developed as
originally intended.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All uses proposed for the real estate are uses permitted under the current zoning.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The proposed use is contemplated and permitted by the applicable zoning district.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
Subsequent to the rezoning of the property, the State has taken additional right-of-way to
accommodate the US 31 improvements, resulting in a parcel that can no longer be developed in
accordance with the applicable ordinances.
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
The proposed use is contemplated and permitted by the current zoning district and consistent
with the Comprehensive Plan as the only deviation is the mix of uses within the proposed building.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
121200 04UV 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 ✓"k••'0 , 20 13
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C .r/RPERSON, Carmel/Cray Board of Zoning Appeals
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SECRETARY, Carmel/Clay B!/d of / ing Appeals
Conditions of the Board are listed on the back.
Page 10 — filename: use variance application 2012.doc rev.12/28/2011
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: 12120005DSV
Petitioner: Meridian 131, LLC
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 use is contemplated and permitted by the applicable zoning district; however
due to additional right-of-way taken by the State, the real estate may no longer be developed
as originally intended.
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 use is contemplated and permitted by the applicable zoning district and the
real estate's proposed intensity will not exceed that as originally intended when the real estate
was rezoned.
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:
Subsequent to the rezoning of the real estate, the State has taken additional right-of-way
to accommodate the US Hwy 31 improvements, resulting in a parcel that cannot be developed in
accordance with the applicable ordinances.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 1212 0005DSV 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 ,eA day of cjeA it o--L. , 20 )5 .
C I PERSON, Carmel/CI. Board of Zoning Appeals
SECRETARY, Carmel/Clay Boa/of +.i ing 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