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HomeMy WebLinkAboutApplicationFAEGRE BAKER DANIELS Faegre Baker Daniels LLP 600 East 96th Street r Suite 600 Indianapolis • Indiana 46240-3789 Phone +1317 569 9600 Fax+317 569 4800 MEMORANDUM TO: Aiigie Conn FROM: Rex A. Ramage DATE: February 12, 2016 RE: Pearson Ford - Variance of Development Standards Application Attached, please find the Pearson Ford variance application. We intend to supplement this application with additional materials early next week (to be submitted by Michael Balay, Architect). Once it has been determined that a variance is required, we will also submit our request for an adjoiners list from the Hamilton County Transfer and Mapping office. If you have any questions or concerns, then please feel free to contact me at (317) 569 - 4874 or via email at rex.ramage@faegrebd.com. Thanks, Rex Ramage Land Use Consultant Faegre Baker Daniels LLP cc: Alexia Lopez CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES: Single Family (Primary Residence) $324.00 for the first variance, plus $99.00 for each additional section of the ordinance being varied. All Other $1,286.00 for the first variance, plus $607.00 for each additional section of the ordinance being varied. OR, see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED: 1) Applicant: Pearson Realty LLC. Address- 10650 N Michigan Rd, Zionsville, IN 46077 2) Project Name: Pearson Ford Remodel Phone: 317.873.3333 Engineer/Architect:Michael BalaY' Balay Architects Phone: 317.219.6615 Attorney:Steven D- Hardin. Faegre Baker Daniels LLP phone. 317.569.9600 Contact Person: SteVen D- Hardin Phone:317-569-960Q Emajl. Steven.Hardin@FaegreBD.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property I I (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./lnstrument No. ^66 Attachsd. Page: Purchase date: 6) Common address of the property involved: 10650 N Michigan Rd, Zionsville, IN 46077 Legal description: See Attached. 17-13-06-00-00-030.002; 17-13-06-00-00-030.000, 17-13-06-00-00-030.001; 17-13-0600-00-029.000, and 17-13-06-00-00029.001 Tax Parcel ID No.: 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). A variance from the Carmel Zoning Ordinance - Section 25.07.02-04 sign Ordinance. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). TBD 9) 10) 11) 12) Present zoning classification of the property: jw_ Size of lot/parcel in question:13 43 acres Present use of the property: Automotive Service/Sales Describe the proposed use of the property: Tlle automotive service and sales use will remain the primary use of the property. 13) 14) Is the property: Owner occupied / Renter occupied Other 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: wa 16) If proposed appeal is granted, when will the work commence? Spring/Summer of 2016 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The current owner/tenants will continue to operate/use the facililty. NOTE: LEGAL NOTICE shall be published in the Noblesville Times 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. The applicant understands that docket ptfmbers will not be assigned until all supporting information has been submitted to the Department o£.Q6mmunitv Services. Applicant Signature; /'iflX ^ Date: 02.12.1e The applicant certifies by/ignincf this application that he/she has been advised that all representations of the Department of Community Services are' advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. 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 informatiorrherewith 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 andtesfimony, Signed: — $-\Z'Ko (Property Owrier, Attorney, or Power of Attorney) Date earson (Please Print) STATE OF INDIANA SS: County of _ Ihmit Un (County in which notarization takes place) Before me the undersigned, a Notary Public for M ami I -bn (Notary Public's county of residence) Oxnlnn ^ County, State of Indiana, personally appeared this (Property Owner, Attorney, or Power of Attorney) . day of A-e-br i and acknowledge the execution of the foregoing instrument (SEAL) Notary Public-Signature COCA ) Notary Public-Please Print My commission expires: ROBERTA G. DRIVER Notary Public-Indiana Resident of Hamilton County My Commission Expires Mar. 12.2023 Page 3 - filename: development standards variance 2016.docx rev. 11/19/2015 Pearson Ford Remodel - Parcel Information* Parcel; 17-13-06-00-00-030.002, 3.37 Acres 17-13-06-00-00-030.000, 2.00 Acres 17-13-06-00-00-030.001, 2.15 Acres 17-13-06-00-00-029.000, 2.80 Acres 17-13-06-00-00-029.001, 3.11 Acres Total Acreage: 13.43 Acres *Parcels listed as Pearson Realty LLC. and 106th Street LLC are under common ownership of the Pearson Family and periodically have been acquired in smaller tracts since 1960. Hamilton County, Indiana Ownership, Transfers, Deductions & Credits Disclaimer: The information available through this program is current as of February 11, 2016 . This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-13-06-00-00-030.002State Formatted Parcel No: 29-13-06-000-030.002-018 Property Address: 10650 N Michigan Rd Zionsville, IN 46077 Deeded Owner: Pearson Realty LLC Owner Address: 10650 Michigan Rd N Zionsville , IN 46077 Legal Description: Acreage 3.37 Section 6, Township 17, Range 3 Section/Township/Range: 6/17/3 Subdivision Name: Subdivision Section: Deeded Acres: 3.37 Political Township: Clay Lot Number(s): Transfer History: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Recorded Date: 3/26/2010 Check the Transfer History Report for details. Current Deductions and Credits: See all Current Deductions and Credits for this property Status of Homestead Verification Form: Homestead Verification form was not submitted. If you are claiming a Homestead Credit, you must certify your property to maintain the deduction. Submit or Print this form Page 1of 1Hamilton Co., IN -Property Reports 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rptparcelinfo.asp?sparcelno=1713060000... Hamilton County, Indiana Transfer History for Parcel: 17-13-06-00-00-030.002 Transfer Date & Type Transferred from Transferred To Instrument Type, Date & Number Recorded date & Book Type Legal Description From Parcel Number(s) 3/6/2014 4:36:00 PM Annexation Pearson Realty LLC Acreage 3.37 Section 6, Township 17, Range 3 9/7/2010 9:36:05 AM Annexation Pearson Realty LLC Acreage 3.37 Section 6, Township 17, Range 3 8/9/2010 4:32:56 PM Annexation Pearson Realty LLC Ordinance 11/5/2007 2007-62553 11/5/2007 Ordinance Acreage 3.37 Section 6, Township 17, Range 3 3/29/2010 4:16:11 PM Split Pearson Realty LLC Pearson Realty LLC Warranty Deed 3/26/2010 2010-13251 3/26/2010 Warranty Deed Acreage 3.37 Section 6, Township 17, Range 3 17-13-06-00-00-030.002 12/5/2006 Split Property Pearson Realty LLC Pearson Realty LLC Warranty Deed 2006-72023 12/5/2006 Deed TRACT 2 A 5/14/92 SPLIT FOR R/W 9218371 7/7/94 B & P WRONG GRANTOR 9/8/94 FRM PEARSON 9438904 10/10/95 B&P CLEAR TITLE 9555472 8/12/98 PROP ADD CHG/ASSESSOR 12/5/06 split .63 ac to 030.102 & .81 ac to 030.202 to Nottingham LLC for 2007 pay 2008 2006- 72023 17-13-06-00-00-030.002 Page 1of 1Hamilton Co., IN -Transfer History 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rpttaxhistory.asp?parcelno=17130600000... Hamilton County, Indiana Ownership, Transfers, Deductions & Credits Disclaimer: The information available through this program is current as of February 11, 2016 . This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-13-06-00-00-030.000State Formatted Parcel No: 29-13-06-000-030.000-018 Property Address: 10650 N Michigan Rd Zionsville, IN 46077 Deeded Owner: Pearson Realty LLC Owner Address: 10650 Michigan Rd N Zionsville , IN 46077 Legal Description: Acreage 2.00 Section 6, Township 17, Range 3 Section/Township/Range: 6/17/3 Subdivision Name: Subdivision Section: Deeded Acres: 2 Political Township: Clay Lot Number(s): Transfer History: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Recorded Date: 11/5/2007 Check the Transfer History Report for details. Current Deductions and Credits: See all Current Deductions and Credits for this property Status of Homestead Verification Form: Homestead Verification form was not submitted. If you are claiming a Homestead Credit, you must certify your property to maintain the deduction. Submit or Print this form Page 1of 1Hamilton Co., IN -Property Reports 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rptparcelinfo.asp?sparcelno=1713060000... Hamilton County, Indiana Transfer History for Parcel: 17-13-06-00-00-030.000 Transfer Date & Type Transferred from Transferred To Instrument Type, Date & Number Recorded date & Book Type Legal Description From Parcel Number(s) 3/6/2014 4:36:00 PM Annexation Pearson Realty LLC Acreage 2.00 Section 6, Township 17, Range 3 9/7/2010 9:36:05 AM Annexation Pearson Realty LLC Acreage 2.00 Section 6, Township 17, Range 3 8/9/2010 4:32:56 PM Annexation Pearson Realty LLC Ordinance 11/5/2007 2007-62553 11/5/2007 Ordinance Acreage 2.00 Section 6, Township 17, Range 3 12/5/2006 Split Property Pearson Realty LLC Pearson Realty LLC Warranty Deed 2006-72023 12/5/2006 Deed PT S SW A 1/6/87 FR SWIGGETT 10/14/87 TO STATE OF INDIANA FOR R/W (NO SPLIT) 7/7/94 B & P WRONG GRANTOR 9/8/94 FR PEARSON 9438904 10/10/95 B&P CLEAR TITLE 9555472 9/7/00 2000-44737 R/W SPLT TO ST OF IND 9/7/00 B&P/CLR INT 2000-44738 9/7/00B&P/CLR TITLE 2000-44739 10/7/04 rrcd easement prematurely released 2004-69558 12/5/06 split 7.54 ac to 030.003 to Nottingham LLC for 2007 pay 2008 2006- 72023 17-13-06-00-00-030.000 Page 1of 1Hamilton Co., IN -Transfer History 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rpttaxhistory.asp?parcelno=17130600000... Hamilton County, Indiana Ownership, Transfers, Deductions & Credits Disclaimer: The information available through this program is current as of February 11, 2016 . This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-13-06-00-00-030.001State Formatted Parcel No: 29-13-06-000-030.001-018 Property Address: 10650 N Michigan Rd Zionsville, IN 46077 Deeded Owner: Pearson Realty LLC Owner Address: 10650 Michigan Rd N Zionsville , IN 46077 Legal Description: Acreage 2.15 Section 6, Township 17, Range 3 Section/Township/Range: 6/17/3 Subdivision Name: Subdivision Section: Deeded Acres: 2.15 Political Township: Clay Lot Number(s): Transfer History: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Recorded Date: 11/5/2007 Check the Transfer History Report for details. Current Deductions and Credits: See all Current Deductions and Credits for this property Status of Homestead Verification Form: Homestead Verification form was not submitted. If you are claiming a Homestead Credit, you must certify your property to maintain the deduction. Submit or Print this form Page 1of 1Hamilton Co., IN -Property Reports 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rptparcelinfo.asp?sparcelno=1713060000... Hamilton County, Indiana Transfer History for Parcel: 17-13-06-00-00-030.001 Transfer Date & Type Transferred from Transferred To Instrument Type, Date & Number Recorded date & Book Type Legal Description From Parcel Number(s) 3/6/2014 4:36:00 PM Annexation Pearson Realty LLC Acreage 2.15 Section 6, Township 17, Range 3 9/7/2010 9:36:05 AM Annexation Pearson Realty LLC Acreage 2.15 Section 6, Township 17, Range 3 8/9/2010 4:32:56 PM Annexation Pearson Realty LLC Ordinance 11/5/2007 2007-62553 11/5/2007 Ordinance Acreage 2.15 Section 6, Township 17, Range 3 Page 1of 1Hamilton Co., IN -Transfer History 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rpttaxhistory.asp?parcelno=17130600000... Hamilton County, Indiana Ownership, Transfers, Deductions & Credits Disclaimer: The information available through this program is current as of February 11, 2016 . This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-13-06-00-00-029.000State Formatted Parcel No: 29-13-06-000-029.000-018 Property Address: 10650 N Michigan Rd Zionsville, IN 46077 Deeded Owner: Pearson Realty LLC Owner Address: 10650 Michigan Rd N Zionsville , IN 46077 Legal Description: Acreage 2.80 Section 6, Township 17, Range 3 Section/Township/Range: 6/17/3 Subdivision Name: Subdivision Section: Deeded Acres: 2.8 Political Township: Clay Lot Number(s): Transfer History: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Recorded Date: 3/26/2010 Check the Transfer History Report for details. Current Deductions and Credits: See all Current Deductions and Credits for this property Status of Homestead Verification Form: Homestead Verification form was not submitted. If you are claiming a Homestead Credit, you must certify your property to maintain the deduction. Submit or Print this form Page 1of 1Hamilton Co., IN -Property Reports 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rptparcelinfo.asp?sparcelno=1713060000... Hamilton County, Indiana Transfer History for Parcel: 17-13-06-00-00-029.000 Transfer Date & Type Transferred from Transferred To Instrument Type, Date & Number Recorded date & Book Type Legal Description From Parcel Number(s) 3/6/2014 4:36:00 PM Annexation Pearson Realty LLC Acreage 2.80 Section 6, Township 17, Range 3 9/7/2010 9:36:05 AM Annexation Pearson Realty LLC Acreage 2.80 Section 6, Township 17, Range 3 8/9/2010 4:32:56 PM Annexation Pearson Realty LLC Ordinance 11/5/2007 2007-62553 11/5/2007 Ordinance Acreage 2.80 Section 6, Township 17, Range 3 3/29/2010 4:16:11 PM Split Pearson Realty LLC Pearson Realty LLC Warranty Deed 3/26/2010 2010-13251 3/26/2010 Warranty Deed Acreage 2.80 Section 6, Township 17, Range 3 17-13-06-00-00-029.000 Page 1of 1Hamilton Co., IN -Transfer History 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rpttaxhistory.asp?parcelno=17130600000... Hamilton County, Indiana Ownership, Transfers, Deductions & Credits Disclaimer: The information available through this program is current as of February 11, 2016 . This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-13-06-00-00-029.001State Formatted Parcel No: 29-13-06-000-029.001-018 Property Address: 0 W 106th St Zionsville, IN 46077 Deeded Owner: 106th Street LLC Owner Address: 10650 Michigan Rd N Zionsville , IN 46077 Legal Description: Acreage 3.11 Section 6, Township 17, Range 3 Section/Township/Range: 6/17/3 Subdivision Name: Subdivision Section: Deeded Acres: 3.11 Political Township: Clay Lot Number(s): Transfer History: The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Recorded Date: 3/26/2010 Check the Transfer History Report for details. Current Deductions and Credits: See all Current Deductions and Credits for this property Status of Homestead Verification Form: Homestead Verification form was not submitted. If you are claiming a Homestead Credit, you must certify your property to maintain the deduction. Submit or Print this form Page 1of 1Hamilton Co., IN -Property Reports 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rptparcelinfo.asp?sparcelno=1713060000... Hamilton County, Indiana Transfer History for Parcel: 17-13-06-00-00-029.001 Transfer Date & Type Transferred from Transferred To Instrument Type, Date & Number Recorded date & Book Type Legal Description From Parcel Number(s) 3/6/2014 4:36:00 PM Annexation 106th Street LLCAcreage 3.11 Section 6, Township 17, Range 3 9/7/2010 9:36:05 AM Annexation 106th Street LLCAcreage 3.11 Section 6, Township 17, Range 3 8/9/2010 4:32:56 PM Annexation 106th Street LLCOrdinance 11/5/2007 2007-62553 11/5/2007 Ordinance Acreage 3.11 Section 6, Township 17, Range 3 3/29/2010 4:16:11 PM Split Pearson Realty LLC 106th Street LLCWarranty Deed 3/26/2010 2010-13251 3/26/2010 Warranty Deed Acreage 3.11 Section 6, Township 17, Range 3 17-13-06-00-00-030.002 17-13-06-00-00-029.000 Page 1of 1Hamilton Co., IN -Transfer History 2/12/2016http://www3.hamiltoncounty.in.gov/apps/reports/rpttaxhistory.asp?parcelno=17130600000... AERIAL LOCATION EXHIBIT PEARSON PEARSON FORD REMODEL FOR A LIFETIME. ' Carmel, IN Context Map ZONING MAP PEARSON PEARSON FORD REMODEL FOR A LIFETIME.