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Type Application
CITY OF CARMEL/CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO. UV-48-88 DATE RECEIVED:
( 1 ) Applicant: Meridian Associates, an Indiana Partnership/Ritz
Charles, Inc.
Address: 12156 N. Meridian Street, Carmel, Indiana 46032
Phone: 846-9158
( 2) Project Name: Ritz Charles, Inc.
Engineer/Architect: David E. Powers Phone: 636-7469
Attorney: James J. Nelson, NELSON & FRANKENBERGER, 3021
East 98th Street, Suite 220, Indianapolis, IN 46280
( 3) Applicant' s Status: (Check the appropriate response)
X (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. 5 acres recorded 04/27/88 as Instrument Nos.
88-07475 and 88-07478
Page:
Purchase Date: 04/25/88
( 6) Common Address of the Property Involved: 5 .0 acres lying '
immediately west of the property commonly known as Ritz
Charles, 12156 N. Meridian Street, Carmel, Indiana
Legal Description: See Exhibit A attached hereto.
Tax Map Parcel No. : Not assigned as of this date.
PAGE 2
( 7) Type of Appeal: (check appropriate response)
X (a) Request for a variance according to Section 30.4
X Use Variance
Developmental Standards Variance
(b) Request for an Appeal from the Decision of the
Director of the Department of Community Development
according to Section 30. 1
(c) Request for a Special Use according to Section 21 . 0
( 8) State explanation of requested Appeal: ( State what you want
to so and cite the section number of the Zoning Ordinance
which applied and/or created the need for this appeal.
See Exhibit B attached hereto.
( 9) State reasons supporting the Appeal : ( If filing for a
variance, complete the attached form entitled "Findings of
Fact-Variance" ) .
See Exhibit C attached hereto.
( 10) Present Zoning of the property: (Give exact classification)
S-2 Residence District Classification
( 11 ) Present use of the property: Ritz Charles
( 12) Describe the Proposed Use of the Property:
Ritz Charles, Inc.
( 13) Is the property Owner occupied
XX Renter occupied
by Ritz Charles, Inc.
Other:
( 14) Are there any restriction, laws, covenants, variances,
special uses, governing the property which would prohibit
its use for the purpose? NO.
If answer is "yes" , attach a copy.
PAGE 3
( 15) Has work for which this application is being filed already
started? If answer is "yes" , give details.
No
( 16) Has there been any previous appeal filed in connection with
this property? If answer is "yes" , give the date and the
decision of the appeal .
No
( 17) If proposed appeal is granted, when will the work commence?
Summer, 1988
( 18) If the proposed Appeal is granted, who will operate and/or
use the proposed improvement for which this application has
been filed?
Ritz Charles, Inc.
( 19) Type of Notification (check the appropriate response) .
X (a) LEGAL NOTICE in the Noblesville Daily Ledger
(attach Publisher's Affidavit)
X (b) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to
adjoining property owners. (attach Proof of mailing
and return receipts) .
(c) HAND DELIVERED to adjoining property owners (attach
Petitioner's Affidavit of Notice of Public Hearing
for hand delivered notification.
NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST BE
DONE TEN ( 10) DAYS PRIOR TO PUBLIC HEARING DATE
( 20) Name and Address of Adjacent Property Owners:
See Exhibit D attached hereto.
CERTIFICATION BY AUDITOR: As Auditor of Hamilton County, I hereby
certify the names and addresses as listed in item number twenty ( 20)
above are true and accurate as they pertain to this application.
AUDITOR, HAMILTON COUNTY: See Exhibit D-1 attached hereto.
PAGE 4
The Applicant understands that Docket numbers will not be
assigned until all supporting information has been submitted to
the Department of Community Development
The Applicant certifies by signing this application that he
has been advised that all representations of the Department of
Community Development are advisory only and that the applicant
should rely on appropriate subdivision and zoning ordinance
and/or the legal advice of his attorney.
PAGE 5
AFFIDAVIT
I, James J. Nelson, Attorney for Meridian Associates, an
Indiana General Partnership/Ritz Charles, Inc. , being duly sworn
depose that Meridian Associates, an Indiana General Partnership
is the owner of the 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 .
James J.felson, ttorney for
Meridia Associates, an Indiana
General Partnership and
Ritz Charles, Inc.
Subscribed and sworn to before me this 12th day of May,
1988.
Kimbe . ly • . Ea Notary P . .c
My Commission Expires:
March 2, 1989
Residing in Marion County
DO NOT WRITE IN THIS SPACE
The foregoing application has been inspected by me and was
filed with the Department of Community Development for
consideration by the Carmel/Clay Board of Zoning Appeals in
accordance with all the formal requirements and procedures.
If property advertised by the applicant, the application
will be heard in public hearing on the day of
198
PARCEL I
Part of the West Half of the Northwest Quarter of Section 35,
Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Beginning at the Southeast corner of the said Half Quarter
Section; thence North 00 degrees 01 minutes 21 seconds East
(assumed bearing ) 492 .06 feet along the East line of the said
Half Quarter Section; thence South 88 degrees 51 minutes 53
seconds West 221 .31 feet parallel with the South line of the said
Half Quarter Section; thence South 00 degrees 01 minutes 21
seconds West 492 .06 feet parallel with the said East line to the
South line of the said Half Quarter Section; thence North 88
degrees 51 minutes 53 seconds East 221 .31 feet along the said
South line to the point of beginning, containing 2 . 50 acres, more
or less.
PARCEL II
Part of the West Half of the Northwest Quarter of Section 35,
Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southeast corner of the said Half Quarter
Section; thence North 00 degrees 01 minutes 21 seconds East
(assumed bearing ) 492 .06 feet along the East line of the said
Half Quarter Section to the Point of Beginning; thence continuing
North 00 degrees 01 minutes 21 seconds East 492 .06 feet along the
said East line; thence South 88 degrees 51 minutes 53 seconds
West 221 . 31 feet parallel with the South line of the said Half
Quarter Section; thence South 00 degrees 01 minutes 21 seconds
West 492.06 feet parallel with the said East line; thence North
88 degrees 51 minutes 53 seconds East 221 .31 feet parallel with
the said South line to the point of beginning containing 2.50
acres, more or less.
EXHIBIT A
The Applicant is the owner of a 2 . 94 acre parcel of real
estate currently zoned B-6 Business District and located within
the U.S. 31 Overlay Zone which real estate is currently being
leased by the Applicant to Ritz Charles , Inc. for the operation
of a restaurant/catering business.
Additional parking facilities are required to improve the
level of service provided by Applicant' s tenant, Ritz Charles,
Inc. , and the real estate on which such business is located is so
situated that the only area available for parking expansion is
the real estate identified on Exhibit A to this Use Variance
Application. The use of the real estate will be limited to
parking only and the plans and specifications on file with the
Office of the Director of Community Development mitigate the
impact of the requested use.
Wherefore, the Applicant prays for a Use Variance for the
utilization of a parking area to be used in conjunction with the
operation of the business commonly known as Ritz Charles pursuant
to the plans and specifications now on file with the Office of
the Director of Community Development.
Respectfully submitted,
James J. Nelson
Attorney for Applicant
EXHIBIT B
CARNMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
DOCKET NO:
PE°TITIONER: Meridian Associates, an Indiana partnership
Ritz Charles, Inc.
FINDINGS OF FACT - VARIANCE
1. The grant of this 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:additional parking facilities are required to
• improve the level of service provided by Applicant's tenant, Ritz Charles, Inc. , and
the real estate on which such business is located is so situated that the only area
available for parking expansion is the real estate identified on Ex A to the Use Variance
2. The grant of this variance will not be injurious to the public health, safetprsion.
and general welfare of the community because: The use of the real estate will be
limited to parking= only and the plans and specifications on file with the office
of the Director of Community Development mitigate the impact of the requested use.
3. The use or value of the area adjacent to the subject property will not be substan-
tially affected in any adverse manner because: The use of the real estate will be
limited to parking only and the plans and specifications on file with the Office of
the Director, of Community Development mitigate the impact of the requested use.
4. The need for the variance arises from a natural condition peculiar to the subject
because: additional parking facilities are required to improve the level of service
provided by Applicant's tenant, Ritz Charles, Inc. , a'nd the real estate on which
such business is located is so situated that the only area available tor parking
expansion is the real estate identified on Exhibit A to the Use Variance Application.
5. The granting of this variance does not substantially interfere with the Carmel-
Clay Comprehensive Plan because: The real estate adjoins to an area designated
for business.
* DECISION *
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance Docket
No, is (not) 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 day of 1988
ATTEST:
SECRETARY, Carmel Board of CHAIRMAN, Board of Zoning Appeals
Zoning Appeals
****CONDITIONS, IF ANY ARE LISTED ON BACK. (PET`ITIONER OR HIS (HER) REPRESENTATIVE TO SIGN)
1/17/84
EXHIBIT C
Elmer G. Bottamiller
Sam E. Rincker
12121 N. Springmill Rd
Carmel, In 46032
Harold L. & Ermina H. Kaiser
4724 Lambeth Walk
Carmel, IN 46032
Larry A. Hoff
P.O. Box 674
New Castle, IN 47362
Herbert J. Backer, Trustee
Suden Mark Investment Co.
TO: Fineberg & Asso .
P.O. Box 241
Carmel, IN 46032
Dennis L. Bottamiller
12121 N. Spring Mill Road
Carmel, IN 46032
Donald W. Bottamiller
12121 N. Spring Mill Road
Carmel, IN 46032
Elmer G. Bottamiller
12121 N. Spring Mill Road
Carmel, IN 46032
Regency Realty Co.
% Charles H. Redish
3266 N. Meridian Street, # 100
Indianapolis, IN 46208
N.R.C. Corp.
P.O. Box 40789
Indianapolis, IN 46240
Valley Development Co. , Inc.
P.O. Box 40789
Indianapolis, IN 46240
James T. O'Neal Jr.
Sally L. O'Neal
6100 Tarawood Land
Orlando, FL 32811
EXHIBIT D
•
•
I , Polly Pearce , Auditor of Hamilton County, Indiana,
certify that the property owners contained in Exhibit A hereto
are all of the adjoining and abutting property owners to the
real estate which is the subject matter of Docket No. UV48-88
PQ A
Polly Pe rce
Auditor f Hamilton County
Date: S l o�lV
EXHIBIT D-1