HomeMy WebLinkAboutFindings of FactCARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.' 05080034OV
Petitioner: Burford Properties~ LLC
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FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE
The approval of this Variance will not be injurious to the public health, safety, morals and general
welfare of the community because the proposed variance will not have any affect on public
health, safety, morals, and general welfare of the community. The variance pertains to a parking
area landscaping requirement. The Applicant will install parking area landscaping; however, due
to site constraint issues associated with the property, there is not enough available area to install
all landscape plantings as required by Section 23 E.07(A)(1)(a).
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 will contain significant landscaping and the site
will be sufficiently buffered.
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 providing the required plantings pursuant to Section
23E.07(A)(I)(a) would limit the area of the real estate that could be developed contrary to the
intent of the Homeplace District Overlay Zone and, specifically, the West Homeplace
Commercial Corridor. The site will contain parking area landscaping and buffering and shall be
landscaped in a meaningful way. The proposed landscape plan has already been reviewed and
approved by the Plan Commission through the ADLS/DP process.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental
Standards Variance Docket No. 05080034OV 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 26th day of September, 2005.
C~/~IRPERSON;Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
H:Llanet\Burfordl\F of F Variance.doc
CITY OF CARMEL PLAN COMMISSION
CARMEL, INDIANA
Docket No.: 05080034
Petitioner: Burford Properties, LLC
FINDINGS OF FACT- VARIANCE REQUEST (Ballot Sheet)
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Dated this 26th day of September, 2005.
i~aa~RD OF ZON1NG APPEALS MEMBER
H:XJanet~Burford~F of F Variance.doc
CITY OF CARMEL PLAN COMMISSION
CARMEL, INDIANA
Docket No.' 05080034
Petitioner: Burford Properties, LLC
FINDINGS OF FACT- VARIANCE REQUEST (Ballot Sheet)
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Dated this 26th day of September, 2005.
BOARD OF ZONING EMBER
H:~Janet~Burford~F of F Variance.doc
CITY OF CARMEL PLAN COMMISSION
CARMEL, INDIANA
Docket No.' 05080034
Petitioner: Burford Properties, LLC
FINDINGS OF FACT- VARIANCE REQUEST (Ballot Sheet)
o
.
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Dated this 26th day of September, 2005.
BOARD OF ZONING APPEALS MEMBER
H:XJanet~BurfordXF of F Variance.doc
CITY OF CARMEL PLAN COMMISSION
CARMEL, INDIANA
Docket No.: 05080034
Petitioner: Burford Properties, LLC
FINDINGS OF FACT- VARIANCE REQUEST (Ballot Sheet)
o
.
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Dated this 26th day of September, 2005.
BOt~~ OF ZONING APPEALS MEMBER
HSJanet~Burford~F of F Variance.doc