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Home My WebLink AboutFindings of FactDocket No.' 05080033 UV Petitioner: MCP Partners, LLC FINDINGS OF FACT- USE VARIANCE- The grant of the 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 proposed uses are approximate for a large multi-tenant office complex and are necessary to be competitive in this market. Il , The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed uses will enhance the public health, safety, morals and general welfare. . The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the proposed uses will enhance the value of the adiacent area. The need for the variance arises from a natural condition peculiar to the subject property because: the site is zoned both B5 and B6 and the U.S. 31 Overlay exclusion did not intend to prohibit a fitness center in an office complex. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: the proposed uses are not inconsistent with the Comprehensive Plan. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. 05080033 UV is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ber CHAI~RPERSON, Carmel/Clay Board of Zoning Appeals ,20 02. SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. 69744_i .DOC Page 8 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: Petitioner: 05080033 UV Carmel, Indiana MCP Panners, LLC FINDINGS OF FACT- USE VARIANCE (Ballot Sheet) . DATED THIS 26th DAY OF September ,20 05. Bo,/a~ Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Page 7 of 8 69744_1 .DOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: Petitioner: 05080033 UV Carmel, Indiana MCP Panners, LLC .FINDINGS OF FACT- USE VARIANCE (Ballot Sheet) , , DATED THIS 26th DAY OF September ,20 05. .. Boar~Member 69744_ I.DOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05080033 UV Petitioner: MCP Panners, LLC FINDINGS OF FACT- USE VARIANCE (Ballot Sheet) DATED THIS 26th DAY OF September ,20 05. ember 69744_i .DOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 05080034 V Petitioner: MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE The appr6val of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: ~osed location of the building_s, will not cause~ to the community and the 1-465 fronta~ greater visibilit~hile visitors ~ of Pennsylvania Parkway will be able to ~ p_Lqp e r buildin .g:_~ , 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: none of the existin~he area com~ these build-to-lines and the signs will be consistent with other ~ in the Meridian 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: ~h the build-to-lines mi~able buildings, and inadedtuate tenant and building identification would result. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05080034 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. Aylopted this_ 26th day of S,eptember HRIRPERSON, Carmel/Clay ~~ A---~ais ,20 _05 . SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). Page 8 of 8 69743_1 .DOC Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 05080034 V - . MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Shcct)_ 3. DATED THIS 26th DAY OF September ,20 05 . Boa~'Member Page 7 of 8 69743_1 .DOC Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS 05080034 V Carmel, Indiana MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Shect~ DATED THIS 26th DAY OF September _, 20 05 . Board Member Page 7 of 8 69743_1 .DOC Docket No.' Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 05080034 V MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) o DATED THIS 26th DAY OF September ,20 05 . 69743_1 .DOC Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.- 05080035 V - Petitioner: MCP Partners, LLC .FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE The apprbval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed location of the buildings will not cause injury to the community and the 1465 frontage provides fo~ greater visibility for wall signs while visitors arriving by way of Pennsylvania Parkway will be able to identify the proper building. . 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: none of the existing buildings in the area comply with these build-to-lines and the signs .will be consistent with othe/' ~signs existing in the Meridian 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: complying with the build-to-lines might result in unleasable buildings and inadequate tenant and building identification would result. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05080035 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. .20 0_5_5. SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). Page 8 of 8 69743_i .DOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.- Petitioner: Carmel, Indiana 05080035 V .- _ MCP Panners, LLC ,FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 2. 3. DATED THIS 26th DAY OF September ,20 05 . Bo ._~//~'~~d Member Page 7 of 8 69743_1 .DOC -Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 05080035 V _- . MCP Panners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Shcct} alt 3. DATED THIS 26th DAY OF September ,20 05 . Board l~'6mb~ - Page 7 of 8 69743_1 .DOC Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 05080035 V MCP Partners, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS 26th DAY OF September ,20 05 . ~d Member 69743_1 .DOC Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 05080036 V - . Petitioner: MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT 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 location of the buildings will not cause injury to the community and the 1465 frontage provides for greater visibility for wall signs while visitors arriving by way of Pennsylvania Parkway will be able to identify the. proper building. 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: none of the existing buildings in the area comply with these build-to-lines and the signs will be consistent with other signs existing in the Meridian 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: complying with the build-to-lines might result in unleasable buildings and inadequate tenant and building identification would result. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05080036 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. A~6th~ day of Set, tenOr C AIR~RSON, Carmel/Clay B~ard of Zoning Appeals ,20_05 . SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). 69743_!.DOC Page 8 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS · Docket No.: Petitioner: Carmel, Indiana 05080036 V MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot ShccQ 3. DATED THIS 26th DAY OF September ,20 05 . Bo~~ ' . Page 7 of 8 69743_i .DOC -Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 05080036 V MCP Panners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 3. DATED THIS 26th DAY OF September ,20 05 . Board Member Page 7 of 8 69743_!.DOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 05080036 V Petitioner: MCP Partners, LLC ,FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS 26th DAY OF September ,20 05 . 69743_ I. DOC Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 05080037 V Petitioner: MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE The apprdval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed location of the buildings will not cause injury to the community and the 1-465 frontage provides for greater visibility for wall signs while visitors arriving by way of Pennsylvania Parkway will be able to identify the proper building. 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: none of the existing buildings in the area comply with these build-to-lines and the signs will be consistent with other signs existing in the Meridian Corridor. 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: complying with the build-to-lines might result in unleasable buildings and inadequate tenant and building identification would result. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05080037 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. Adop~ this 26~/~/] ~y of. Sel~tember CHAIRP~armel/Clay Board of Zoning Appeals ,20 05 . SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). 69743_1.DOC Page 8 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana · Docket No.' Petitioner: 05080037 V MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 3. DATED THIS 26th DAY OF September ,20 05 . B~d ~VIember 69743_1 .DOC Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 'Docket No.: Petitioner: 05080037 V : - MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 3. DATED THIS 26th DAY OF September ,20 05 . Board Mem~rr 69743_1 .DOC Page 7 of 8 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 05080037 V Petitioner: MCP Partners, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS 26th DAY OF September ,20 05 . 69743_1 .DOC Page 7 of 8