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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS 1: Carmel, Indiana Docket No.: 05050 I ~7V 23B.08.06A - Percent Parcel Coverage Petitioner: JRR Me~dian. LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approvJl of this Variance will not be injurious to the public health, safety, morals and generallwelfare of the community because the site, as it exists today, has a high percentage df lot cover, which included building footprint and pavement. The redeVelopmfht of the site will be an improvement to the character and quality of the Fidelity Ce tfr, contributing to the U.S. 31 corridor. I The use and ralue of the area adjacent to the property included in the variance will not be affected n a substantially adverse manner because the site, as it exists today, has a high percenpge of lot cover, which included building footprint and pavement. The redevelopmept of the site will be an improvement to the character and quality of the Fidelity Cerlter, contributing to the U.S. 31 corridor. The strict a~Plication of the tenus of the Zoning Ordinance to the property will result in practical I I difficulties in the use of the property because the Petitioner may be prohibited ~om redeveloping the site, possibly losing an opportunity to upgrade the site and to contribute to the quality and character of the U.S. 31 Overlay. 1. 2. 3. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards VariancJiDocket No. 05050037V is granted, subject to any conditions stated in the minutes of this Borltd, which are inc..orporated he. rein bY reference and made a part hereof. II 3c1f4" ~ f ON--V~ '?rOrf)- ADOPTED IrnIS"27TH DAY OF JUHE, 2805. SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Wariance #6.doc I I Docket No.: 050500]8V Petitioner: JRR Me .Idian . LLC ] CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 25.07.02-10b - Signage Oriented West 1. I FINDINGS OF FACT - DEVELOPMENTST ANDARDS VARIANCE The approva\.ofthis Variance will not be injurious to the public health, safety, morals and general 1]elfare of the community because signage is important along U.S. 31, as well as withi~1 Fidelity Plaza, to help potential patrons of the site find it more easily. The use and lalue of the area adjacent to the property included in the variance will not be affected i I a substantially adverse manner because signage is important along U.S. 31, as well 11 S.I within Fidelity Plaza, to help potential patrons' of the site find it 'more .1 I eaSl y. I ] 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 there may not be adequate signage, pos~ibly causing a decrease in the ease of locating a business on the site, whether itbd ifrom U.S. 31 or once within the Fidelity Plaza complex. ! 2. 3. I DECISION IT IS THEREFO ~ the decision of the Carmel Board of Zoning Appeals that Development Standards Variance ]Docket No. 05050038V is granted, subject to any conditions stated in the minutes of this Bo d, which are incorporated herein by reference and made a part hereof. i 3Jt- \ IHIS ~DA Y OF JUNE, 2005. i . I SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF V #4.doc i : I I I Docket No.: 05050 B9V Petitioner: JRR Me ~ dian LLC i i I FINDIN t OF FACT- DEVELOPMENT STANDARDS VARIANCE The approv1 of this Variance will not be injurious to the public health, safety, morals and general I e1fare of the community because signage is important along U.S. 31, as well as wit .n Fidelity Plaza, to help potential patrons of the site find it more easily. The use and Jalue of the. area adjacent to the property included in the variance will not be affected i I a substantially adverse manner because signage is important along U.S. 31, as' well within Fidelity Plaza, to help potential patrons of the site find it more easily. EL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 25.07.02-10b- Number of Signs Per Tenant 1. 2. 3. The strict application of the tenus of the Zoning Ordinance to the property will result in practical ~ifficulties in the use of the property because there may not be adequate signage, po~~ibly causing a decrease in the ease of locating a business on the site, whether it be from U.S. 310r once within the Fidelity Plaza complex. DECISION IT IS THEREFO I, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance IDocket No. 05050039V is granted, subject to any conditions stated in the minutes of this BOjd, which are incorporated herein by reference and made a part hereof. ADOPTED HIS ~ DAY OF JUNE, 2005. SECRETARY, Carmel Board of Zoning Appeals H:Vanet\Meridian Asset\F ofF Variance #3.doc CARMEL ADVISORY BOARD OF ZONING APPEALS I Carmel, Indiana I Docket No.: 05050 ~OV Petitioner: JRR Me ~dian LLC I I FINDINGS OF F ACT- DEVELOPMENT STANDARDS VARIANCE The approvJ~ of this Variance pennitting 39% or 12,185 square feet of the subject building to ~~ utilized for retail uses, will not be injurious to the public health, safety, morals and ~neral welfare of the community because the amount of retail use within all buildings kthin the Fidelity Plaza will still be less than 15%.overall, as required by the U.S. 31 lorridor Overlay. The use and talue of the area adjacent to the property included in the variance will not be affected iJ~ a substantially adverse manner because the amount of retail use within all buildingsl 'fvithin the Fidelity Plaza will still be less than 15% overall, as required by the u.S. 31 DOrridOr Overlay. The strict a~~lication of the tenus of the Zoning Ordinance to the property will result I in practical ifficulties in the use of the property because the redevelopment of the site may not be bssible without the sufficient retail use within the building. I 23B.05.02 - Percent Retail Use 1. 2. 3. DECISION I IT ISTHEREFO I ~ the decision of the Carmel Board of Zoning Appeals that Development Standards Variancelbocket No. 05050040V is granted, subject to any conditions stated in the minutes of this BO]d, ' whi,ch ar,e incorporated here, in by reference and made a part hereof. I 3~ ADOPTED !HIs7f{tI DAY OF JUNE, 2005. N, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals I I H:\Janet\Meridian Asset\F ofF vJance #5.doc CAgMELADVISORY BOARD OF ZONING APPEALS I Carmel, Indiana f Docket No.: 05050@h 1 V Petitioner: LLC I I FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE I ! The approval I of this Variance will not be injurious to the public health, safety, morals and general I welfare of the community because the. Petitioner will be providing landscaping c:omparable to the overall Fidelity Plaza development. The use and ~alue of the area adjacent to the property included in the variance will not be affected ~ a substantially adverse manner because the Petitioner will be providing landscaping ~omparable to the overall Fidelity Plaza development. The strict ap~liCatiOn of the tenus of the Zoning Ordinance to the property will result I I in practicaljifficulties in the use of the property because the redevelopment of the site may not be ~Qssible without the reduction in width of the planting strip. 23B.I0.02C - Plantings Adiacent to Building 1. 2. 3. DECISION IT IS THEREFO ',i the decision of the Carmel Board of Zoning Appeals that Development Standards Variance ~ocket No. 05050041V is granted, subject to any conditions stated in the minutes of this BOaIJd".' , which are, incorporated herein by reference and made a part hereof. I' if{ ADOPTED 1[HIS #{k DAY OF JUNE, 2005. I I SECRETARY, Carmel Board of Zoning Appeals I ' I H:\Janet\Meridian Asset\F ofF Variance #l.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05050 ~2V Petitioner: JRR Meridian LLC 23B.12.A - Parking Requirements 1. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE . . I The'approval:ofthis Variance will not be 'injurious to the public health, safety, morals and gener~ #elfare of the community beca~se ~e Petitioner will be providing parking space 10catI1is comparable to the overall FIdelIty Plaza Development. The use and ~alue of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the Petitioner will be providing parking space locations comparable to the overall Fidelity Plaza Development. The strict apblication of the tenus of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because the redevelopment of the site may not be possible without the location of parking spaces in front of the building, facing u.s. 31. 2. 3. DECISION IT IS THEREFO ,j the decision. of the Carmel Board of Zoning Appeals that Development Standards Variance iIPocket No. 05050042V is granted, subject to any conditions stated in the minutes of this B01d, whi~e incorporated herein by reference and made a part hereof. ADOPTED THIS ~ DAY OF JUNE, 2005. SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #2.doc CA I . EL ADVISORY BOARD OF ZONING APPEALS i Carmel, Indiana . Docket No.: 05050 B7V Petitioner: JRR Meridian.. LLC FINDINJS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approval. of this Variance will not be injurious to the public health, safety, morals and general ~elfare of the community because the site, as it exists today, has a high percentage ~if lot cover, which included building footprint and pavement. The redevelopm9+t of the site will be an improvement to the character and quality of the Fidelity Center, contributing to the u.s. 31 corridor. The use and~llalue of the area adjacent to the property included in the variance will not be affected i I a substantially adverse manner because the site, as it exists today, has a high percenftige of lot cover, which included building footprint and pavement. The redevelopm~Ih of the . site will be an improvement to the character and quality of the Fidelity Center, contributing to the u.s. 31 corridor. The strict apblication of the tenus of the Zoning Ordinance to the property will result in p~a~ticall~ifficulties in. the use. of the .propert! because the ~etitioner may be prohibIted ~<:>m redevelopmg the sIte, possIbly losmg an opportumty to upgrade the site and to c ,ntribute to the quality and character of the u.s. 31 Overlay. 23B.08.06A - Percent Parcel Coverage 1. 2. 3. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards VariancelDocket No. 05050037V is granted, subject to any conditions stated in the minutes of this BOld, which are incorporated herein by reference and made a part hereof. ADOPTED THIS 27TH DA YOF JUNE, 2005. ~ft~ Q!AlRPERSGbj, Carmel - ~ard of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #6.doc I I Docket No.: 05050 B8V Petitioner: JRR Me I.!dian LLC I I i 1 FINDING I OF FACT -DEVELOPMENT STANDARDS VARIANCE EL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 25.07.02-10b- Signage Oriented West 1. The approva iofthis Variance will not be injurious to the public health, safety, morals and general tyelfareofthe community because signage is important along U.S. 31, as well as withib Fidelity Plaza, tohelp potential patrons ofthe site find it more easily. The use and ~alue of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because signage is important along u.s. 31, as well ds within Fidelity Plaza, to help potential patrons of the site find it more easily. · 2. 3. T.he strict application of the terms of the 'Zoning Ordinance to the property will result in practical f1fficulties in the use of the property because there may not be adequate signage, posslibly causing a ,decrease in the ease of locating a business on the site, whether it bd from U.S. 31 or once within the Fidelity Plaza complex. DECISION IT IS THEREFORE, the decision of the Carmel ,Board of Zoning 'Appeals that Development Standards Variance Docket No. 05050038V is granted, subject to any conditions stated in the minutes of this Boat, which are incorporated herein by reference and made a part hereof. ADOPTED THIS 27TH DAY OF JUNE, 2005. MA~ .(;I,I ~wPER~N, Carmel Board of ~oning Appeals SECRETARY, Carmel Board 'of Zoning Appeals 1 I H:\Janet\Meridian Asset\F ofF V~ance #4.doc /' C I EL ADVISORY BOARD OF ZONING APPEALS 11 Carmel, Indiana Docket No.: 05050 19V 25.07.02-1 Ob- Number of Signs PecTenant Petitioner: JRR Me}idian LLC I 1 i I I FINDIN Ii OF FACT - DEVELOPMENT STANDARDS VARIANCE The approva~iofthis Variance will not be injurious to the public health, safety, morals and general Welfare of the community because signage is important along U.S. 31, as well as wit~ Fidelity Plaza, to help potential patrons of the site find it more easily. The use and [value of the area adjacent to the property included in the variance will not be affected iq a substantially adverse manner because signage is important along u.S. 31, as well :is within Fidelity Plaza, to help potential patrons of the site find it more easily. 1. 2. 3. i !he stri~t ap~licatio~ o~ the tenus of the Zoning Ordinance to the property will result In practIcal d~fficultles In the use of the property because there may not be adequate signage, po~~iblY causing a. decrease in the ease of locating a business on the site, whether it be from U.S. 31 or once within the Fidelity Plaza complex. DECISION IT ,IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance rocket No. 05050039V is granted, subject to any conditions stated in the minutes of this BOld, which are incorporated herein by reference and made a part hereof. ADOPTED ,[,HIS 27TH DAY OF JUNE, 2005. M-.~~ ClLAIJ~J>ER80N, Carmel Board, of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #3.doc I I i i CARMEL ADVISORY BOARD OF ZONING APPEALS I Carmel, Indiana Docket No.: 0505Q(~kov Petitioner:, JRR MeHdianll LLC FINDINJl OF FACT - DEVELOPMENT STANDARDS VARIANCE Theapprov~l of this Variance permitting 39% or 12,185 square feet of the subject building to ~~ utilized for retail uses, will not be injurious to the public health, safety, morals and ~bneral welfare of the community because the amount of retail use within all buildings Ikthin the Fidelity Plaza will still be less than 15% overall, as required by the U.S. 31 <Corridor Overlay. The use and ~alue of the area adjacent to the property included in the variance will not be affected iQ a substantially adverse manner because, the amount of retail use within all. buildings I Within the Fidelity Plaza will still be less than 15% overall, as required by the u.s. 31f[orridOr Overlay. 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 the redevelopment of the site may not be ~ossible without the sufficient retail use within the building. 23B.05.02 - Percent Retail Use 1. 2. 3. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance IDocket No. 05050040V is granted, subject to any conditions stated in the minutes of this Bowd, which are incorporated herein by reference and made a part hereof. I ADOPTED THIS 27TH DAY OF JUNE, 2005. ,(;A. W- CRAIRPEF~~ Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #5.doc CARMEL ADVISORY BOARD OF ZONING APPEALS I , Carmel, Indiana Docket No.: '05050ID41V Petitioner: JRR MeHdian~ LLC 23B.IO.02C - Plantings Adiacent to Building 1. FINDINGS OFF ACT - -DEVELOPMENT STANDARDS VARIANCE I The approvaf ,:,: of this Va.r.ianc, ewill not be injurious to ,the public health, safety, morals and general I welfare of the community because the Petitioner will be providing landscaping comparable to the overall Fidelity Plaza development. The use and ~alue of the area adjacent to the property included in the variance will not be affected ina substantially adverse manner because the Petitioner will be providing landscaping bomparable to the overall Fidelity Plaza development. The strict apblication of the tenus of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because the redevelopment of the site may not be ~ossible without the reduction in width of the planting strip. 2. 3. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance IDocket No. 05050041 V is granted, subject to any conditions stated in the minutes of this Bowd, which are incorporated herein by reference and made a part hereof. I ADOPTED ,[HIS 27TH DAY OF JUNE, 2005. ~Ag .,CBAIRd)'r:RS N, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #l.doc C~EL ADVISORY BOARD OF ZONING APPEALS i . Carmel, Indiana Docket No.: 05050042V Petitioner: JRR MeHdian.. LLC 23B.12.A - Parking Requirements 1. FINDINGS OF F AC.T - DEVELOPMENT STANDARDS VARIANCE The approvl. of this Variance will not be injurious to the public health, safety, morals and general relfare of the community because the Petitioner will be providing parking space locations comparable to the overall Fidelity Plaza Development. 3. 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 Petitioner will be providing parking spade locations comparable to the overall Fidelity Plaza Development. The strict aJplication of the tenus of the Zoning Ordinance to the property will result in practical difficulties in the'use of the property because. the redevelopment of the site may not be bossible without the location of parking spaces in front of the building, facing u.s. 31. 2. DECISION IT IS' THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance IDocket No. 05050042V isgranted, subject to any conditions stated in the minutes of this Bowd, which are incorporated herein by reference and made a part hereof. I ADOPTED 1fHIS 27TH DAY OF JUNE, 2005. SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #2.doc ! I I CAfRMELADVISORY BOARD OF ZONING APPEALS ! Carmel, Indiana I I Docket No.: 05050037V 23B.08.06A - Percent Parcel Coverage Petitioner: JRR Meridian.. LLC FINDINGS OF FACT -DEVELOPMENT ST AN~DARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community, because the site, as it exists today, has a high percentage pf lot cover,' which included building footprint and pavement. The redevelopm~nt of the site will be an improvement to the character and quality of the Fidelity Center, contributing to the U.S. 31 corridor. 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 site, as it exists today, has a high percentage of lot cover, which included building footprint and pavement. The redevelopment of the site will be an improvement to the character and quality of the Fidelity Center, contributing to the U.S. 31 corridor. I 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 the Petitioner may be prohibited from redeveloping the site, possibly losing an opportunity to upgrade the site and to contribute to the quality and character of the U. S. 31 Overlay. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050037V 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 27TH DAY OF JUNE, 2005. ~.~. G~ Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #6.doc CA~EL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana i I Docket No.: 05050038V Petitioner: JRR Merldian"l LLC 25.07.02-10b -Signage Oriented West FINDINGS OF F ACT- DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because signage is important along U.S. 31, as well as within Fidelity Plaza, to help potential patrons of the site find it more easily. 2. The use and value of the area adjacent to the property jncluded in the variance will not be affected in a substantially adverse manner because signage is important ,along u.s. 31, as well as within Fidelity Plaza, to help potential patrons of the site find it more easily. 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 there may not be adequate signage, possibly causing a decrease in the ease of locating a business on the site, whether it be from U.S. 31 or once within the Fidelity Plaza complex. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050038V is granted, subjectto any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ADOPTED THIS 27TH DAY OF JUNE, 2005. SECRETARY, Carmel Board of Zoning Appeals H:Vanet\Meridian Asset\F ofF Variance #4.doc C~EL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana ! I Docket No.: 05050039V Petitioner: JRR Mehdian" LLC' 25.07.02-10b- Number of Signs Per Tenant FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because signage is important along U.S. 31, as well as within Fidelity Plaza, to help potential patrons of the site find it more easily. 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 signage is important along u.s. 31, as well as . within Fidelity Plaza, to help potential patrons of the site find it more easil y . 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 there may not be adequate signage, possibly causing a decrease in the ease of locating a business on the site, whether it be from U.s. 310r once within the Fidelity Plaza complex. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050039V 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 27TH DAY OF JUNE, 2005. CIIAIRrERSO:r~, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #3.doc I I ' i I CARMEL ADVISORY BOARD OF ZONING APPEALS I i; Carmel, Indiana i Docket No.: 05050040V Petitioner: JRR Meridian~LLC 23B.05.02 - Percent Retail Use FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance permitting 39% or 12,185 square feet of the subject building to be utilized for retail uses, will not be injurious to the public health, safety, morals and general welfare of the community because 'the amount of retail use within all buildings within the Fidelity Plaza will still be less than 15% overall, as required by the U.S. 31 Corridor Overlay. 2. The use and value of the area adjacent to the property included in the variance will not be affected ina substantially adverse manner because the amount of retail use within all buildings within thePidelity Plaza will still be less than 15% overall, as required by the U.S. 31 Corridor Overlay. 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 the redevelopment of the site may not be possible without the sufficient retail use within the 'building. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050040V 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 27TH DAY OF JUNE, 2005. ~ ~el Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #5.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05050041V Petitioner: JRR Meridian"! LLC 23B.I0.02C -Plantings Adiacent to Building FINDINGS OF F ACT- DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the. public health, safety, morals and general welfare of the community because ,the Petitioner will be providing landscaping comparable to the overall Fidelity Plaza development. 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 Petitioner will be providing landscaping comparable to the overall Fidelity Plaza development. 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 the redevelopment of the site may not be possible without the reduction in width of the planting strip. DECISION IT . IS THEREFORE, the decision, of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050041 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. ADOPTED THIS 27TH DAY OF JUNE, 2005. SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #1.doc C~EL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05050042V Petitioner: JRR Meridian"! LLC 23B.12.A - Parking Requirements FINDINGS OF FACT.. DEVELOPMENT STANDARDS V ARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because the Petitioner will be providing parking space locations comparable to the overall Fidelity Plaza Development. 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 Petitioner will be providing parking spac'e locations comparable to the overall Fidelity Plaza Development. 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 the redevelopment of the site may not be possible without the location of parking spaces in front of the building, facing u.s. 31. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Varian~e Docket No. 05050042V 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 27TH DAY OF JUNE, 2005. ~el Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #2.doc CARMEL ADVISORY BOARD OF ZONING APPEALS / Carmel, Indiana Docket No.: 05050037V Petitioner: JRR Meridian.. LLC 23B.08.06A - Percent Parcel Coverage FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because the site, as it exists today, has a high percentage of lot cover, which included building footprint and pavement. The redevelopment of the site will be an improvement to the character and quality of the Fidelity Center, contributing to the U.S. 31 corridor. 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 site,' as it exists today, has a high percentage of lot cover, which included building footprint and pavement. The redevelopmeht of the site will be an improvement to the character and quality of the Fidelity Center, contributing to the U.S. 31 corridor. 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 the Petitioner may be prohibited from redeveloping the site, possibly losing an opportunity to upgrade the site and to contribute to the quality and character of the U.S. 31 Overlay. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050037V is granted, subject to any conditions stated in the minutes of this Board, which , are incorporated herein by reference and made a part hereof. 6ft~ ADOPTED THIS 27TH DAY OF JUNE, 2005. ~.. c CKAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #6.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.:05050038V Petitioner: JRR Meridian"l LLC 25.07.02-10b - 'Signage Oriented West FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because signage is important along u.s. 31, as well as within Fidelity Plaza, to help potential patrons of the site find it more easily. 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 signage is important along u.s. 31, as well' as within Fidelity Plaza, to help potential patrons of the site find it more easily. 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 there may not be adequate signage, possibly causing a decrease in the ease of locating a business on the site, whether it be from U.S. 31 or once within the Fidelity Plaza complex. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050038V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. '3P.~ ADOPTED THIS ~A Y OF JUNE, 2005. .. c ERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #4.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05050039V Petitioner: JRR Metidian~ LLC 25.07.02-10b- Number of Signs Per Tenant FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because signage is important along U.S. 31, as well as within Fidelity Plaza, to help potential patrons of the site find it more easily. 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 signage is important along u.s. 31, as well as within Fidelity Plaza, to help potential patrons of the site find it more easil y . 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 there may not be adequate signage, possibly causing a decrease in the ease of locating a business on the site, whether it be from U.S. 31 or once within the Fidelity Plaza complex. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050039V 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 ~A Y OF JUNE, 2005. , C ~ RPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #3.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05050040V Petitioner: JRR Meridian" LLC 23B.05.02 - Percent Retail Use FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance permitting 39% or 12,185 square feet of the subject building to be utilized for retail uses, will not be injurious to the public health, safety, morals and general welfare of the community because the amount of retail use within all buildings within the Fidelity Plaza will still be less than ,15% overall, as required by the U.s. 31 Corridor Overlay. 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 amount of retail use within all buildings within the Fidelity Plaza will still be less than 15% overall, as required by the U.s. 31 Corridor Overlay. 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 the redevelopment of the site may not be possible without the sufficient retail use within the building. DECISION IT IS THEREFORE, ,the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050040V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ~Ih ADOPTED THIS ~A Y OF JUNE, 2005. f c RPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #5.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DocketNo.: 05050041 V Petitioner: JRR Meridian., LLC 23B.I0.02C - Plantings Adiacent to Building FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and 'general welfare of the community because the Petitioner will be providing landscaping comparable to the overall Fidelity Plaza development. 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 Petitioner will be providing landscaping comparable to the overall Fidelity Plaza development. 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 the redevelopment of the site may not be possible without the reduction in width of the planting strip. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050041 V is 'granted, subject to any conditions stated in the minutes of this Board, which a~e incorporated herein by reference and made a part hereof. '3:o(f1, ADOPTED THIS~ DAY OF JUNE, 2005. /t'k-- ~ C , IRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #1.doc CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05050042V Petitioner: JRR Meridian" LLC 23B.12.A - Parking Requirements FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because the Petitioner will be providing parking space locations comparable to the overall Fidelity Plaza Development. 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 Petitioner will be providing parking space locations comparable to the overall Fidelity Plaza Development. 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 the redevelopment of the site may not be possible without' the location of parking spaces in front of the building, facing u.s. 31. DECISION IT IS THEREFORE, the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 05050042V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ar;~ ADOPTED THIS i;fPR DAY OF JUNE, 2005. JI\ ERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals H:\Janet\Meridian Asset\F ofF Variance #2.doc