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LEGAL COUNSEL
CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER
August 26, 2013
13080005 -07V
TNHYIF REIV SIERRA, LLC
PennMark One Building
TABLE OF CONTENTS
1. Aerial Photograph
2. Survey depicting taking from INDOT
3. Findings of Fact
4. Ballot Sheet
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CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: 13080005 -07V
Petitioner: TNHYIF REIV SIERRA, 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 variances will simply allow the continued operation of an existing multi- tenant office building. The use of the subject real
estate is in the same manner as that which has existed for many years is not injurious to the public health safety morals and
general welfare of the community. The reduction in the landscaping will not impact public health, morals and welfare.
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 variances will simply allow for the continued operation of'an existing multi- tenant building, which has existed for many years
in this location. Continuing the same use.will have no substantial adverse impact on the use or value of the area adjacent as the
same use will remain intact. Moreover. the surrounding area is business offices in nature and the reduction in landscaping will
have no impact on these adjacent office buildings.
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 need for the variances arise solely from the taking of right -of -way along U.S. Highway 31 by INDOT, as a result, inadequate
room exists for the required landscaping.
DECISION.
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning: Appeals that Development Standards Variance
Docket No 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 , 20
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
Page 10 - filename: development standards variance 2013.docx rev. 1/2/2013