HomeMy WebLinkAboutFindings of Fact _ CARMEL/CLAY ADVISORY BOARD OF ZONING.APPEALS
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
Docket No.: 13010007
Petitioner: CORNERSTONE 106th MOB, 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 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.. & IIS31 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.
. •s 29th day of January , 2013
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SECRETARY,Carmel/Clay Bv= d •f oning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
Page 10 - filename:development standards variance 2012:docx.doc rev.12/28/2011