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HomeMy WebLinkAboutFindings of Fact CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE Docket No 13100016 V Petitioner H & H Restaurant Management, LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because permitting drive-thru stacking along the north side of the building will not be injurious to the public health, safety, morals and general welfare and the provision of nine stacking spaces is more than sufficient. 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: similar developments exist within this area of the US 421 Corridor Overlay. The adjacent areas are also similarly zoned. 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: drive-thru windows must be located on the driver's side of the vehicle, which mandates a counter-clock-wise circulation pattern. There is not a feasible alternative for this site that does not cause practical difficulties with on-site circulation, future internal driveway connections..or the proposed dry detention pond and tree preservation areas. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 13100016 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. %•pted this 2,th day of November , 20 13 . _ - ^-,Carmel/Clay Board of Zoning Appeals t�i SECRETARY, Carmel/Clay Board(Zoni 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 2446372v1 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No • 13100016 V Petitioner- H & H Restaurant Management, LLC 2. 3 • DATED THIS 25th DAY OF November , 20 13 Bo rd Member Page 9 - filename:development standards variance 2013.docx rev.1/2/2013 2446372v1