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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312009 V—30 ft Perimeter buffer yard, 10' requested Petitioner: Prime Car Wash,LLC 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 typical buffer yard width between commercial uses is 5'. However, the real estate on the south side of 98th Street is classified as a single family residence, and as such, a 30' landscape buffer yard is required on the southern portion of the Applicant's site adjacent to 98th Street. The Applicant is proposing a 10' landscape buffer yard area on the southern portion of its site adjacent to 98th Street. The southern landscape buffer yard area will include planting materials such as trees and shrubs; however, due to site constraints, the Applicant is seeking a reduction of the landscape buffer yard width area for the southern portion of the property near 98th Street. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the proposed landscaping for this area will provide proper and adequate buffering and screening for the use to the south of the Applicant's site. 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 plantings along the southern portion of the property adjacent to 98th Street will provide proper and adequate buffering and screening to 98th Street and site constraints prevent the Applicant from installing the required buffer yard area in this area. As a result, the use and value of the area adjacent to the property included in this variance will not be affected in a substantially adverse manner. 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. Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because the property on the south side of 98th Street is classified as a single family residential and requires a 30' buffer yard area on the southern portion of the Applicant's site adjacent to 98th' Street. Site constraints prevent the Applicant from providing the 30' buffer yard area and the Applicant is proposing a 10' buffer yard area in this location. The typical buffer yard area between commercial sites is 5'. The strict application of the Zoning Ordinance would prevents the Applicant from properly developing the site for the proposed use. The Applicant is proposing to install in the 10' buffer yard area on the southern portion of the site planting material, including trees and shrubs, that will provide adequate and proper buffering and screening to 98th Street. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.13120009 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 28th day of J,nua 28, 2014. C IRPERSON,Carmel Board of Zoning Appeals SECRETARY,Carmel Boar of Z z ing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312009 V—30 ft Perimeter buffer yard, 10' requested Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 2 'DAY OF 1"1-'"-/, 2014. Boar. ember CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312009 V—30 ft Perimeter buffer yard, 10' requested Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. eft -, 2. 3. DATED THIS vZ gDAY OF C?fe--4-1 , 2014. Leg,662/ Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 1312009 V—30 ft Perimeter buffer yard, 10' requested Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS TODAY OF , 2014. and Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312009 V—30 ft Perimeter buffer yard, 10' requested Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 2e DAY OF 3m.loua tu) ,2014. ././ ,A ' LAZO) / Board ember CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312009 V—30 ft Perimeter buffer yard, 10' requested Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet) 1. 2. 3. DATED THIS 2DAY OF (� /" , 2014. 1,(41, , Board Member 7&1- o7?9(i1/� CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312010 V—Section 23C.11.G.—Location of stacking for drive-thru lanes Petitioner: Prime Car Wash,LLC 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 applicant is seeking a variance to permit car stacking along the north side of the building_ To mitigate this request, the applicant will be installing additional landscape plantings adjacent to the drive-thru stacking area to provide adequate and proper screening and buffering. As a result, the approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the area will be buffered by additional landscape plantings. 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: In addition to the rationale included in the response above, the area adjacent and north of the site consists of business and retail uses. As a result, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 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 strict application of terms of the Zoning Ordinance to the property will result in a practical difficulty because the applicant will be unable to design an efficient and effective site circulation plan for the proposed uses that are permitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Cannel Board of Zoning Appeals that Development Standards Variance Docket No.13120010 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. Adopte his 28th day of January 28, 2014. e �6 C AIRPERSON,Carmel Board of Zoning Appeals SECRETARY, Cannel Boar.4f Zo a" g Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312010 V—Section 23C.11.G.—Location of stacking for drive-thru lanes Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet) 1. 2. 3. DATED THIS 2( DAY OF —Lux- ,2014. Boar. Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312010 V—Section 23C.11.G.—Location of stacking for drive-thru lanes Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet) 1. 41 1� .I• 2. t' 3. DATED THIS a&DAY OF , 2014. Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312010 V—Section 23C.11.G.—Location of stacking for drive-thru lanes Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 2. 3. DATED THIS ,22:DAY OF , 2014. arci Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 1312010 V—Section 23C.11.G.—Location of stacking for drive-thru lanes Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet) 1. 2. 3. DATED THIS 2Z DAY OF JWIMW ,2014. i 2 A l i L"o �� ` A 1t.414. / Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312010 V—Section 23C.11.G.—Location of stacking for drive-thru lanes Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet) 1. 2. 3. DATED THIS c9 b DAY OF\J7N ,2014. Board Mem.er CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312011 V—Section 25.7.02-03.B -Number of wall signs,2 permitted,3 re.reluesa Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDA' 1: VARIANCE 1. The approval of this variance will not be injurious to the ■.s lie health, safety, morals and general welfare of the community because: The size and appearance of the additional wall .•gn is consistent with development in the vicinity and is proportional to the site and prim. , building. 2. The use and value of the area adjacent to the s operty included in the variance will not be affected in a substantially adverse manner because: The size and appearance of the additional wall sin is consistent with development in the vicinity and is proportional to the • e and primdrytlding ` 3. The strict application of the to• s of the Zo ' g r in nce to the property will result in practical difficulties in the use of the p r perry because: Absent utilizing the add'• onal wall sign for i site, the Applicant will be unable to properly and adequately identi to the general public raveling on the adjacent roadway the location of the Applicant's faci 'ty. The additional wall sign will assist in providing proper identification to facility which all assist in efficient and safe wayfinding to the site. DECISION IT IS THEREFO`i the decision of the Cannel Board of Zoning Appeals that Development Standards Variance Docket No.13120011 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. Adopte is 28`h day o Jan a 28, 2014. I C PERSON,Car 1 - Board of Zoning Appeals i SE CRETARY, Carmel Boaf Z ng Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). y V 0 , 4i e- CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312011 V—Section 25.7.02-03.B-Number of wall signs,2 permitted,3 requested Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS -TV DAY OF 444` c--y , 2014. 44-14-1"--/ Board ember CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312011 V—Section 25.7.02-03.B -Number of wall signs,2 permitted,3 requested Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. N° r A- PPk0 \ 2. 3. DATED THIS"2 t-DAY OFC Y) , 2014. EP - I e Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312011 V—Section 25.7.02-03.B -Number of wall signs,2 permitted,3.requested Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF —"-2./ , 2014. oard Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312011 V—Section 25.7.02-03.B -Number of wall signs,2 permitted,3 requested Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. . 51 5 SiGOVO SE Ar -UaG 2. 3. DATED THIS 26 DAY OF ., yUATLN ,2014. it Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312011 V—Section 25.7.02-03.B -Number of wall signs,2 permitted,3 requested Petitioner: Prime Car Wash,LLC d FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ff eo A-6— i % J 11. t,1(ifrucz, ttd( /� d2ro u_S 2. 3. DATED THIS o2 DAY OF`J f� , 2014. 4 Board Memb- --/9Z N 7277,1-S-4/1<i__ CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312012 V-Section 25.7.02-03- Sign not facing a street frontage, north facing Petitioner: Prime Car Wash, LLC 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 size and appearance of the additional wall sign is consistent with development in the vicinity and is proportional to the site and primary building. 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 size and appearance of the additional wall sign is consistent with development in the vicinity and is proportional to the site and primary building 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: Absent utilizing the additional wall sign for this site, the Applicant will be unable to properly and adequately identify to the general public traveling on the adjacent roadway the location of the Applicant's facility. The additional wall sign will assist in providing proper identification to facility which shall assist in efficient and safe wayfinding to the site. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.13120012 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. Adopte is 28th day of Jan ary 28,2014,. /4411,41,V/7"44- C IRPERSON,Carmel Board of Zoning Appeals SECRETARY, Carmel Board Zon• g Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312012 V—Section 25.7.02-03 - Sign not facing a street frontage, north facing Petitioner: Prime Car Wash,LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 245--DAY OF cf,',64 Gag , 2014. Boar ember CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312012 V—Section 25.7.02-03-Sign not facing a street frontage, north facing Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. ` DATED THISa Cr DAY OF 9.6147 , 2014. Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 1312012 V—Section 25.7.02-03- Sign not facing a street frontage, north facing Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 1 U 5/ G t 17/c 2. 3. DATED THIS )'&AY OF , 2014. :and Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312012 V—Section 25.7.02-03 -Sign not facing a street frontage, north facing Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS Le) DAY OF ,30WIMt'{ , 2014. 1 iPs0-111().-j Board •ember CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312012 V–Section 25.7.02-03 - Sign not facing a street frontage, north facing Petitioner: Prime Car Wash, LLC No FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. Alt Mil L , (i J c f_ A S i Ar At 'L<< C 2. 3. r DATED THISag DAY OF./ /U ,2014. .A4A1 Board embe A- —40 .6 CA 7/c __ CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312013 V—Section 25.07.02-06Drive-thru menu sign,only permitted for restaurants Petitioner: Prime Car Wash,LLC 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 size and appearance of the additional menu board is consistent with development in the vicinity and is proportional to the site and primary building. 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 size and appearance of the additional menu board is consistent with development in the vicinity and is proportional to the site and primary building. 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: Absent utilizing the additional menu board, Applicant will be unable to identify the available services offered at the site thereby reducing its ability to facilitate efficient ordering and thereby affecting safe and efficient on site traffic circulation. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.13120013 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. Adopte his 28`h day of anuary 28, 014. :-.11,4'7"1- --- , / —/ CH RPERSON,Carmel oard of Zoning Appeals 6.6-9-7(-7 •SECRETARY, Carmel Boar Zona Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312013 V—Section 25.07.02-06Drive-thru menu sign,only permitted for restaurants Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF Cti •q- , 2014. 14" • ember • CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312013 V—Section.25.07.02-06Drive-thru menu sign,only permitted for restaurants Petitioner: Prime Car Wash, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. af.16-417-022d 3. DATED THIS DAY OF 9 - vl ,2014. 00 A 410 Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312013 V—Section 25.07.02-06Drive-thru menu sign, only permitted for restaurants Petitioner: Prime Car Wash, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS /<DAY OF `Li 6:'`r-1 , 2014. IJ�JJ'J— rd Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312013 V—Section 25.07.02-06Drive-thru menu sign,only permitted for restaurants Petitioner: Prime Car Wash,LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 1.5 DAY OF 3AN\3tAiL , 2014. 6,,,A.:0 ,6,6..) Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: 1312013 V—Section 25.07.02-06Drive-thru menu sign,only permitted for restaurants Petitioner: Prime Car Wash, LLC FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY F , 2014. Boards" ember L-_*v T /% �