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HomeMy WebLinkAboutFindings of Fact CARMEL/CLAY BOARD OF ZONING APPEALS FINDINGS OF FACT for USE VARIANCE 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 Use Variance would allow for the construction of a new assisted living facility, as "Nursing/Retirement/Convalescent Facility" use, within the S-1/Residence District. The purpose of the use is to serve the general public, specifically its elderly, by offering professional, State certified senior care. The Zoning ordinance prohibits this use within the S- 1 district. 2. The grant of this variance will not be injurious to the public health, safety, morals and general ],, welfare of the community because: \\A LO1^ ublic health and general welfare,the proposed use shall serve the V./. community with a capacity of medical services and senior care. The proposed development will utilize a shared drive off 116th Street with no more peak traffic than is already experienced;therefore,the safety of the community will not be threatened. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The existing structures situated on the property are either vacant or serve as rental property. The construction of the assisted living use would provide a stable component to the area. There are only a park and one single family structure to the north of the subject property. Properties to the south and east will be buffered by the St. Clair Creek and Mitchner Legal Drain respectively. The intensity of this use is no greater than that of the existing adjacent property to the west(The Mansion at Oak Hill). 4. The need for the variance arises from a natural condition peculiar to the subject property because: The vast majority of the property is situated within the flood plain of the White River. Existing grades for most of the acreage are well below the Base Flood Elevation, making the property nearly undevelopable for a single-family residential subdivision. The isolated area outside of the floodplain provides a suitable site for the construction of a stand-alone structure/use such as the assisted living building proposed. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: Per the 2009 Land Classification Plan Map,the subject property is located within an area dedicated as Community Vitality Node. The purpose of this area is "To establish areas for community-serving and neighborhood-serving commercial development with opportunity to integrate mixed uses." The proposed use would allow the construction of an assisted living facility which represents both commercial and residential aspects in serving the senior community of the City of Carmel. Xfikt,■*--‘ "�? 7/, 1"""11/1 aari ji,k4L eta-7 11 2-- g7( ow!'" 62,14.46,4 CARMEL/CLAY BOARD OF ZONING APPEALS BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE Docket No.: /26600/5 C.[ V Petitioner: /V#T^° RE z/ c 03/661594),-0,—,6-c),:cii7) 1. 2. 3. 4. 5. w� I�' 26 S'c 67,-6-kr �y S 1 e f� Sr y�� G�;.� 7�► 46a DATED THIS Z.-?/DAY OF , 20 I/4, Board )/ er Page 9 — filename:use variance application 2012.doc rev.12/28/2011 CARMEUCLAY BOARD OF ZONING APPEALS BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE Docket No.: /2666Q/5 U V Petitioner: 1T1 ei Chi ©!•C RE C i C�Td.52-c/i 1. 4,2fve-e 2. 3. 4. 5. DATED THIS 27 DAY OF , 20 1 Z fc& e— Board Member Page 9 — filename: use variance application 2012.doc rev.12/28/2011 r CARMELJCLAY BOARD OF ZONING APPEALS BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE Docket No.: / Petitioner: Q Ali u Petitioner: / V ANT-- 5i CAP RE z / C C a TV 4) 0,-- Ur' 1. p 2. 3. fhgo-re-19 4. 5. DATED THIS 2'7 f4 DAY OF ,1t 6&s r , 20/W Board Member //J / Page 9 — filename: use variance application 2012.doc rev.12/28/2011 CARMEL/CLAY BOARD OF ZONING APPEALS FINDINGS OF FACT for USE VARIANCE 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 Use Variance would allow for the construction of a new assisted living facility, as "Nursing/Retirement/Convalescent Facility" use, within the S-1/Residence District. The purpose of the use is to serve the general public, specifically its elderly, by offering professional, State certified senior care. The Zoning ordinance prohibits this use within the S- 1 district. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: tV (DkIvHL \DV �.ContradictDr�tto public health and general welfare,the proposed use shall serve the W' community with a capacity of medical services and senior care. The proposed development will utilize a shared drive off 116th Street with no more peak traffic than is already experienced;therefore,the safety of the community will not be threatened. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The existing structures situated on the property are either vacant or serve as rental property. The construction of the assisted living use would provide a stable component to the area. There are only a park and one single family structure to the north of the subject property. Properties to the south and east will be buffered by the St. Clair Creek and Mitchner Legal Drain respectively. The intensity of this use is no greater than that of the existing adjacent property to the west(The Mansion at Oak Hill). 4. The need for the variance arises from a natural condition peculiar to the subject property because: The vast majority of the property is situated within the flood plain of the White River. Existing grades for most of the acreage are well below the Base Flood Elevation, making the property nearly undevelopable for a single-family residential subdivision. The isolated area outside of the floodplain provides a suitable site for the construction of a stand-alone structure/use such as the assisted living building proposed. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: Per the 2009 Land Classification Plan Map,the subject property is located within an area dedicated as Community Vitality Node. The purpose of this area is "To establish areas for community-serving and neighborhood-serving commercial development with opportunity to integrate mixed uses." The proposed use would allow the construction of an assisted living facility which represents both commercial and residential aspects in serving the senior community of the City of Carmel. /6/4, 4.