Loading...
VOWC 2020 Variance Request 06-12-20Page 1 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 CARMEL BOARD OF ZONING APPEALS DEVELOPMENT STANDARDS VARIANCE APPLICATION FILING FEES: Single Family (Primary Residence) $359.00 for the first variance, plus $107.00 for each additional section of the ordinance being varied. All Other $1,431.00 for the first variance, plus $674.00 for each additional section of the ordinance being varied. DOCKET NO. ________________________________ DATE RECEIVED:_______________________________ 1)Applicant: _____________________________________________________________________________ Address: _____________________________________________________________________________ 2)Project Name: __________________________________________ Phone: ________________________ Engineer/Architect:______________________________________ Phone: _________________________ Attorney:_______________________________________________ Phone: ________________________ Contact Person:__________________________________________Phone:________________________ Email:_______________________________________________________________________________ ProjectDox Contact Person:__________________________________Phone:______________________ Email:_______________________________________________________________________________ 3)Applicant's Status: (Check the appropriate response) ______ (a) The applicant's name is on the deed to the property ______ (b) The applicant is the contract purchaser of the property. (c) Other: __________________________________________________ 4)If Item 3) (c) is checked, please complete the following: Owner of the property involved: __________________________________________________________ Owner's address: __________________________________________ Phone:_____________________ 5)Record of Ownership: Deed Book No./Instrument No.___________________________________________ Page: ______________________ Purchase date: _____________________________________________ 6)Common address of the property involved: ___________________________________________________ Legal Description: ______________________________________________________________________ Tax Parcel ID No.:__________________________________________________________________ 7)Explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Unified Development Ordinance that applies and/or creates the need for this request.) 8)Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Office Use Only Page 2 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 9)Zoning district classification of property: _________________________________________________ 9a) Overlay Zone of property (if applicable):___________________________________________________ 10)Size of lot/parcel in question: ____________________________________________________acres/sq.ft. 11)Present use of property: ______________________________________________________________ 12) Describe proposed use of property: __________________________________________________ _____________________________________________________________________________________ 13)Is the property: Owner occupied __________ Renter occupied _________ Other ___________________ 14)Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, instrument no., decision rendered and pertinent explanation. ________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 15)Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: _________________________________________________________________ Builder: ______________________________________________________________________________ 16)If proposed appeal is granted, when will the work commence? _____________________________________________________________________________________ 17)If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? _____________________________________________________________________________________ NOTE: Three modes of public notice are required. LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 5 MANDATORY 20 days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection by the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY; two methods of notice are recommended: 1)FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least 20 days prior to the public hearing date), OR 2)HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the 20 day prior notice should be kept for verification that the notice was completed) LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see page 8. THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: ____________________________________________________ Date: _______________ The applicant certifies by signing this application that he/she has been advised that all representations of the Dept. of Community Services are advisory only and that the applicant should rely on appropriate Unified Development Ordinance standards and/or the legal advice of his/her attorney. Page 3 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 AFFIDAVIT I hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed Name: ________________________________________ (Property Owner, Attorney, or Power of Attorney) Printed Name: _______________________________________ STATE OF INDIANA SS: County of ________________________________________________ Before me the undersigned, a Notary Public (County in which notarization takes place) for __________________________________________ County, State of Indiana, personally appeared (Notary Public's county of residence) ____________________________________________ and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this ____________ day of ___________________________________, 20________ _________________________________________ Notary Public--Signature (SEAL) _________________________________________ Notary Public—Printed Name My commission expires: _________________________________ EXHIBIT “A” Contact Information 1. Owner and Applicant: 17-09-29-00-20-002.000 Brenwick TND Communities, LLC c/o Tom Huston 12775 Horseferry Road, Suite 230 Carmel, In. 46032 Phone: (317) 574-3400 Email: tomh@brenwick.com 2. Attorney/ Jim, Shinaver, Attorney Land Use Professional: Jon C. Dobosiewicz, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 Phone: 317-844-0106 Fax: 317-846-8782 Email: jims@nf-law.com Email: jon@nf-law.com EXHIBIT “C” Project Description – Village of West Clay Family Express The applicant, Brenwick TND Communities, LLC, (“Brenwick”) has filed application for Variance approvals pertaining to the property located at the southwest corner of Harleston Street and Towne Road, which consists of approximately 1.5 acres (the “Real Estate”) and is outlined in yellow on the attached aerial exhibit. The Real Estate is zoned per the terms of the Peripheral Retail Area of the WestClay Village PUD (Ordinance Z- 330 as amended). The requested variances are a request to vary certain provisions of the WestClay Village PUD to permit a convenience store with fuel sales on the subject parcel which is within the Peripheral Retail Area of the WestClay Village PUD. The requested approvals will allow the application of the noted standards in a manner consistent with the subject standards application to other properties and uses which exist today within the Peripheral Retail Area and allows for the completion of development of the subject District in a manner consistent with surrounding blocks and uses. The proposed site layout and elevations are illustrated on the attached plans. In order for Brenwick to development the Real Estate under the proposed layout, the Department of Community Services has identified the following necessary variance approvals from the WestClay Village PUD: 1. Section 8.11 (Peripheral Retail Area Design Guidelines): Brenwick is seeking Development Standards Variance approval to permit a convenience store with gas sales in a manner consistent with the attached site plan and building elevations which are subject to the Peripheral Retail Area Design Guidelines and by reference the Village of West Clay Building Guidelines and Requirements for Commercial Construction. 2. Section 15.8.1.D (build to line): Section 15.8.1.D requires all commercial uses in the Peripheral Retail Area to adhere to a 10 foot build-to-line unless otherwise indicated on an approved final plat of in another recorded instrument. Brenwick will indicate a build-to-line in the appropriate location on the recorded secondary plan for the subject Real Estate once the final site plan is prepared. 3. Section 15.11 (Accessory Buildings): Section 15.11 indicates that accessory buildings, the fuel pump canopy in this case, may be located in the rear yard and in the side yard behind the rear façade of the principal structure. Brenwick is seeking to locate the fuel pump canopy in the front yard along Harleston Street rather than the rear yard (south side of the Real Estate) for greater sensitivity to surrounding residential properties to the south of the Real Estate. 4. Section 16.17.A & Section 16.17.D.5 (vehicle stacking): Section 16.17.A and Section 16.17.D.5 require vehicle stacking to be confined to the sides and rear of the parcel and for gas pump islands to provide 3 stacking spaces measured from the pump island. Like the fuel pump canopy described above Brenwick requests the stacking at the pumps to be located in the front yard and for each pump island to accommodate 3 vehicle stacking spaces including a vehicle parked at the pump and one vehicle that may stack either side of the vehicle parked at the pump. In summary, development of the Real Estate, as requested, will allow for a desirable enhancement to Peripheral Retail Area and a use long anticipated within the Village to be developed in a manner (i) sensitive to surrounding residential properties (ii) supported by surrounding owners and Village residents. The design will be architecturally compatible with the Commercial Building Guidelines adopted by the Village, consistent and complimentary to the other commercial buildings in the surrounding area and an asset to the community. Further, approval of the variances will serve to allow the proposed use to exist in a manner that will not result in any adverse impact on surrounding properties. CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT ST ANDARDS VARIANCE Requested Variance: The Applicant is seeking variances from Section 8.11 (Peripheral Retail Area Design Guidelines), Section 15.8.1.D (build to line), Section 15.11 (Accessory Buildings), and Section 16.17.A and 16.17.D.5 (vehicle stacking) of the WestClay Village PUD (collectively, the “Variances”). FINDINGS OF FACT The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1. The approval of the requested Variances will not be injurious to the public health, safety, morals and general welfare of the community as granting the Variance request will allow the Applicant to build a new convenience store with gas sales that will be more compatible, consistent and complimentary to the other commercial buildings that exist in the Peripheral Retail Area and which are subject to the same development standards. Further, the new building will meet the architectural standards of the applicable Building Guidelines and Requirements for Commercial Construction in a manner (i) sensitive to surrounding residential properties (ii) supported by surrounding owners and Village residents. 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 use and value of the area adjacent to the real estate will not be affected in a substantially adverse manner because approval of the variance would permit the convenience store to the developed in a manner which is more sensitive to surrounding residential properties than a site layout which places the fuel pump islands along the south edge of the site. Further, all uses and properties to the north are commercial and have been developed within the Peripheral Retail Area in a manner consistent with application of the subject standards allowing development to continue in a consistent manner with surrounding blocks and uses. 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: Practical difficulties will result if the site is developed in a manner complying with the strict application of the development standards which are the subject of this variance request. The proposed building and site layout allow for the level of relief necessary to mitigate these practical difficulties and develop the site in a manner most conducive to customer safety, respect and sensitivity to surrounding residential properties and consistency with the surrounding Peripheral Retail Area. Page 10 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No.: ______________________________________________ Petitioner: ______________________________________________ 1. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 2. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. _________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DATED THIS ________________ DAY OF ______________________________________, 20 ___________. ______________________________________________ Board Member Legal Description Part of Block “B” in the Village of Westclay, Section 6003-B, the plat of which is recorded as Instrument Number 2007013950, Plat Cabinet4, Slide 264 in the Office of the Recorder of Hamilton County, Indiana.