Loading...
HomeMy WebLinkAboutApplicationsCITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEAL-S AC SPECIAL USE APPROVAL REQUEST Fee $450.00 a ` j � /� �wy, DOCKET NO. l `" / 7 LJLJ DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street 2) Project Name: Wendy's at West Carmel Center Phone: 317- 264 -9400 Engineer /Architect: American Consulting, Inc. Phone: 317 - 547 -5580 Attorney: Phone: 3) Applicants 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. /Instrument No. Instrument Number 199909972976 Page: Purchase Date: 12 -21 -1999 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13 -07 -00 -014 7) State explanation of requested Special Use The property is zoned B -3 with no permitted uses, therefore, the proposed restaurant requires a variance of use. - Page 1 of 8 -- Special Use Application • • 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact - Special Use "). The US Highway 421 Michigan Road Corridor Overlay Zone encourages capital investments for the development of those properties along and abutting US Highway 421 and further seeks to spur commercial activity and attract new businesses 9) Present zoning of the property (give exact classification): B -3 Business District 10) Present use of the property: Unimproved /vacant 11) Size of lot/parcel in question: 4.174 acres 12) Describe the proposed use of the property: Restaurant 13) Is the property: Owner occupied Renter occupied Other Not occupied 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, decision rendered and pertinent explanation. No previous encumbrances. 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 special use is granted, when will the work commence? Fall 2000 17) If the proposed special use is granted, who will operate and /or use the proposed improvement for which this application has been filed? Wendy's NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date_ The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 8 -- Special Use Application • LAND DESCRIPTION Outlot, Block A West Carmel Center version 2 November 24, 1999 120D 13.DOC Page 1 of 2 Block A West Carmel Center A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Corner of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Wednesday, September 22, 1999;07:57; glr; ® © 1999, American Consulting, Inc. edited Wednesday, 24 November, 1999 to version 2 •20D13.DOC Page 2 of 2 Block A West Carmel Center Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right -of -way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right -of -way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. Wednesday, September 22, 1999;07:57; glr; ® © 1999, American Consulting, Inc. edited Wednesday, 24 November, 1999 to version 2 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. STATE OF INDIANA SS: Signed: (Property Owner, Attorney, or Power of Attorney) Kev i h K4SSon Date (Please Print) County of Mart oe∎ Before me the undersigned, a Notary Public (County in which notarization takes place) for C'�GIYY� k 0 r. (Notary Public's county of residence) c. Kass° n (Property Owner, Attorney, or Power of Attorney) day of (SEAL) Sepi -ember County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this , 2000 0 N tary Public -- Notary Public -- Please Print My commission expires: art 1 1-1 , 200 ( Page 4 of 8 -- Developmental Standards Variance Application • Y — CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST I FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance beinraried. SEP 8 2000 DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street DOGS 2) Project Name: Wendy's at West Carmel Center Phone: 317- 264 =9400 Engineer /Architect: American Consulting, Inc. Phone: 317 - 547 -5580 Attorney: Phone: 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. /Instrument No. Instrument Number 199909972976 Page: Purchase date: 12 -21 -1999 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13 -07 -00 -014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). The petitioner requests a variance to amend provisions which relate to the Carmel and Clay Township Sign Ordinance, Section 25.7.02 -7(B), Special Use and Use Variance Signs : Number and Type. The petitioner requests that twowall signs and one ground sign be permitted. The two wall signs are: one 32 sf sign labeled "Wendy's" on the east side,and one 32 sf sign labeled "Wendy's" on the west side, In addition one 31 sf ground sign is requested. Page 1 of 8 -- Developmental Standards Variance Application State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings Sact- Developmental Standards Variance "). The ordinance allows for only one identification sign. In order to be able to adequately direct and inform customers additional signage is requested. 9) Present zoning of the property (give exact classification): B -3 Business District 10) Size of lot/parcel in question: 4.174 11) Present use of the property: Partially developed for commercial /retail use / Partially undeveloped 12) Describe the proposed use of the property: Commercial / Retail 13) Is the property: Owner occupied Renter occupied Other Not occupied acres 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, decision rendered and pertinent explanation. No previous encumbrances. 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? Fall 2000 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Wendy's NOTE: LEGAL NOTICE shall be published in Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 8 -- Developmental Standards Variance Application CITY OF CARMEL - CLAY TOWNSHIP • HAMILTON COUNTY, INDIANA • APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance DOCKET NO. try / 81-6 0 DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street 2) Project Name: Wendy's at West Carmel Center Engineer /Architect: American Consulting, Inc. RECEIVED being v Bd. B 2000 DOCS Phone: 317- 264 -9400 Phone: 317- 547 -5580 Attorney: Phone: 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. /Instrument No. Instrument Number 199909972976 Page: Purchase date: 12 -21 -99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13 -07 -00 -014 7) State explanation of requested Developmental Standards Variance:. (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). The petitioner requests a variance to amend provisions which relate to the Carmel and Clay Township Siqn Ordinance, Section 25.7.02 -7(C), Special Use and Use Variance Signs : Maximum Sign Area. The petitioner requests that a 32 square foot wall siqn labeled " Wendy's" be permitted on the west side of the building (along US 421). Page 1 of,8 -- Developmental Standards Variance Application 8) Stafe reasons supporting the Developmental. Standards Variance: (Additionally, complete the attached question sheet entitled "Findingsljact- Developmental Standards Variance The ordinance only allows 10 square feet of sign area for a special use. If the project did not fall in the special use category 40 square feet of sign area would be permitted. (Sign Chart B) 9) Present zoning of the property (give exact classification): B -3 Business District 10) Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Partially developed for commercial /retail use / Partially undeveloped 12) Describe the proposed use of the property: Commercial / Retail 13) Is the property: Owner occupied Renter occupied Other Not occupied 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, decision rendered and pertinent explanation. No previous encumbrances. 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? Fall 2000 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Wendy's NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledqer a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 8 -- Developmental Standards Variance Application. CITY OF CARMEL - CLAY TOWNSHIP • HAMILTON COUNTY, INDIANA • APPLICATION FOR BOARD OF ZONING APPEALS ACTIO DEVELOPMENTAL. STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street 2) Project Name: Wendy's at West Carmel Center Engineer /Architect: American Consulting, Inc. 4 s pE ©0VJ© 2000 being d. Phone: 317- 264 -9400 Phone: 317- 547 -5580 Attorney: Phone: 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. /Instrument No. Instrument Number 199909972976 Page: Purchase date: 12 -21 -99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13 -07 -00 -014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). The petitioner requests a variance to amend provisions which relate to the Carmel and Clay Township Sign Ordinance, Section 25.7.02 -7(C), Special Use and Use Variance Signs : Maximum Sign Area. The petitioner requests that a 31 square foot ground sign be permitted. Page 1 of 8 -- Developmental Standards Variance Application State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings .act- Developmental Standards Variance ")1 The ordinance only allows 10 square feet of sign area for a special use, if the project was not located within A special use area 40 sf of sign area would be permitted. 9) Present zoning of the property (give exact classification): B -3 Business District 10) Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Partially developed for commercial /retail use / Partially undeveloped 12) Describe the proposed use of the property: Commercial / Retail 13) Is the property: Owner occupied Renter occupied Other Not occupied 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, decision rendered and pertinent explanation. No previous encumbrances. 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? Fall 2000 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Wendy's NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Paget of 8 -- Developmental Standards Variance Application CITY OF CARMEL - CLAY TOWNSHI HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST' 4 SEP 8 2000 FEE: $450.00 for the first plus $50.00 for each additional section of the ordina'rnce being d. V- l 03-. DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street Project Name: Wendy's at West Carmel Center Engineer /Architect: American Consulting, Inc. Phone: 317- 264 -9400 Phone: 317- 547 -5580 Attorney: Phone: 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. /Instrument No. Instrument Number 199909972976 Page: Purchase date: 12 -21 -99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13 -07 -00 -014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). The petitioner requests a variance to amend provisions which relate to the Carmel and Clay Township Siqn Ordinance, Section 25.7.02 -7(C), Special Use and Use Variance Signs : Maximum Sign Area. The petitioner requests that a 32 square foot wall sign labeled "Wendy's" be permitted on the east side of the building. Page 1 of.8 -- Developmental Standards Variance Application State reasons supportin t e Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings act- Developmental. Standards Variance") Theordinance only allows 10 square feet of sign area for a special use. This signage area is not large enough to inform the public about the restaurant. 9) Present zoning of the property (give exact classification): B -3 Business District 10) Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Partially developed for commercial /retail use / Partially undeveloped 12) Describe the proposed use of the property: Commercial / Retail 13) Is the property: Owner occupied Renter occupied Other Not occupied 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, decision rendered and pertinent explanation. No previous encumbrances. 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? Fall 2000 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Wendy's NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community. Services. Page 2 of 8 -- Developmental Standards Variance Application