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HomeMy WebLinkAbout007-00 SUA Application for BZA Action CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION ' CIAL USE APPROVAL REQUEST (AMEND) RELED DOCKET r. FEB 7 2000 DATE RECEIVED: 100 1) AppliO4 WorlFWide lors lnc./WP Real Estate Inc. Address: S-9c. t. 96'" treet, Indianapolis, Indiana 46240 2) Project Name: World Wide Motors Phone: 317/580-6800 Engineer/Architect: Custom Facilities, Inc. Phone: 317/259-0038 Attorney: James J. Nelson Phone: 317/844-0106 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: 5) Record of Ownership: Deed Book No. 9417612 Page: Purchase Date: April 6, 1994 6) Common address of the property involved: 3900 E. 96th Street, Indianapolis, Indiana Legal description: See Exhibit "A" Tax Map Parcel No.: 16-14-08-00-00-022.006 7) State explanation of requested Special Use: See Exhibit "B" 8) State reasons supporting the Special Use: (Additionally,complete the attached question sheet entitled "Findings of Fact") See Exhibit "C" 9) Present zoning of the property (give exact classification): B-3 Business District 10) Present use of the property: Automobile Sales and Repair 11) Describe the proposed use of the property: Automobile Sales and Repair 12) Is the property: Owner occupied X Renter occupied Other 13) 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. On 2/28/94,the Carmel Board of Zoning Appeals approved a Special Use under Docket No. SU-6-94 14) Has work for which this Application is being filed already started? If answer is yes, give details: NO Building Permit Number: Builder: 15) If proposed appeal is granted, when will the work commence? Immediately following approval 16) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns, customers of Applicant, and subsequent owners of the real estate. NOTE: LEGAL NOTICE shall be published in The Noblesville Daily Ledger a MANDATORY twenty-five (25) days prior to the public hearing date and should be published in the next available publication date of The Carmel News Tribune. The certified"Proof of Publication" affidavits of both newspapers 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 and abutting 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. The applicant certifies by signing 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 advise of his/her attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. EXHIBIT "A" LEGAL DESCRIPTION Part of the South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest corner of the Southwest Quarter of Section 8, Township 17 North, Range 4 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) on the south line of said Southwest Quarter 671.28 feet; thence North 00 degrees 00 minutes 00 seconds 35.00 feet to a point on the North line of real estate granted to the Board of County commissioners of Hamilton County, Indiana for the right-of-way of 96th Street, as per Grant thereof recorded in Deed Record 207, pages 136 and 137 in the Office of the Recorder of Hamilton County, Indiana, said point begin the place of beginning of the within described real estate; thence North 90 degrees 00 minutes 00 seconds East parallel with said South line and on the North line of said Right-of-Way Grant 338.72 feet; thence North 00 degrees 00 minutes 00 seconds 495.00 feet; thence North 76 degrees 14 minutes 07 seconds West 215.76 feet; thence North 78 degrees 57 minutes 47 seconds West 128.61 feet;thence North 84 degrees 19 minutes 01 seconds West 2.95 feet to a point on a line which bears North 00 degrees 00 minutes 00 seconds from the place of beginning; thence South 00 degrees 00 minutes 00 seconds on said line 571.25 feet to the place of beginning, containing 4.162 acres, more or less. AFFIDAVIT I, James J. Nelson, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that the foregoing signatures, statements and answers herein contained and • the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. ames J. -Ison, Atto • for Applicant and Owner STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared James J. Nelson, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing. WITNESS my hand and Notarial Seal this.1day of UCL{ , 2000. 1 My Commission Expires: Je•si''. M. Bauer, Notary Public July 6, 2006 Re iding in Marion County EXHIBIT "B" EXPLANATION OF REQUESTED SPECIAL USE APPROVAL The Applicant, World Wide Motors, Inc./WP Real Estate, Inc., is the Owner of the 4.162 acre parcel of real estate,commonly known as 3900 E. 96'h Street, Indianapolis, Indiana, and located North and East of the intersection of East 96th Street and Main Drive ("Real Estate"). The Real Estate is zoned B-3 Business District under the Zoning Ordinance of the City of Carmel, Indiana. The Applicant is requesting a Special Use to permit the expansion of the existing automobile sales and service facility of World Wide Motors, pursuant to the Plan filed herewith. CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 7—oc Petitioner: World Wide Motors FINDINGS OF FACT - SPECIAL USE I. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended Does/does not apply and all prerequisites have been met by Petitioner as verified by Earthscape Engineering, Inc. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because the requested use is a special use under the B-3 Business District Classification and the recommended land use under the Comprehensive Plan is business. 3. The Special Use is physically suitable for the land in question because the special use requested has been reviewed and approved by the Department of Community Development and all matters of a technical nature have been properly addressed. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because the requested use is a special use under the B-3 Business District Classification and the recommended land use under the Comprehensive Plan is business. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because the real estate is within the City of Carmel and municipal services are available to the real estate. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.4 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting ofthe Special Use. True. DECISION IT IS THEREFORE, the e decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket No. is 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 ? 7 day of _ � 2000. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). EXHIBIT C CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION 4;4'1 . ; 'L USE APPROVAL REQUEST (AMEND) 4 DOCKET N e ;71 al)) 't DATE RECEIVED: DOCS 'r► 1) Applica'S World Wide M' s, Inc./WP Real Estate, Inc. Address: 391; 'reeee7t, Indianapolis, Indiana 46240 2) Project Name: World Wide Motors Phone: 317/580-6800 Engineer/Architect: Custom Facilities, Inc. Phone: 317/259-0038 Attorney: James J. Nelson Phone: 317/844-0106 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: 5) Record of Ownership: Deed Book No. 9417612 Page: Purchase Date: April 6, 1994 6) Common address of the property involved: 3900 E. 96th Street, Indianapolis, Indiana Legal description: See Exhibit "A" Tax Map Parcel No.: 16-14-08-00-00-022.006 ems 7) State explanation of requested Special Use: See Exhibit "B" 8) State reasons supporting the Special Use: (Additionally,complete the attached question sheet entitled "Findings of Fact") See Exhibit "C" 9) Present zoning of the property(give exact classification): B-3 Business District 10) Present use of the property: Automobile Sales and Repair 11) Describe the proposed use of the property: Automobile Sales and Repair 12) Is the property: Owner occupied X Renter occupied Other 13) 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. On 2/28/94,the Carmel Board ofZoning Appeals approved a Special Use under Docket No. SU-6-94 14) Has work for which this Application is being filed already started? if answer is yes, give details: NO Building Permit Number: Builder: 15) If proposed appeal is granted, when will the work commence? Immediately following approval 16) If the proposed appeal is granted,who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns, customers of Applicant, and subsequent owners of the real estate. (Th eiN NOTE: LEGAL NOTICE shall be published in The Noblesville Daily Ledger a MANDATORY twenty-five (25) days prior to the public hearing date and should be published in the next available publication date of The Carmel News Tribune. The certified"Proof of Publication" affidavits of both newspapers 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 and abutting 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. The applicant certifies by signing 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 advise of his/her attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. AFFIDAVIT I, James J. Nelson, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. ames J. •lson, Atto •.- for Applicant and Owner STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared James J. Nelson, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing. WITNESS my hand and Notarial Seal this1-4111 day of 3610� , 2000. My Commission Expires: Je•sit. M. Bauer, Notary Public July 6, 2006 Reiding in Marion County EXHIBIT "A" LEGAL DESCRIPTION Part of the South Half of the Southwest Quarter of Section 8, Township 17 North,Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest corner of the Southwest Quarter of Section 8, Township 17 North, Range 4 East;thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) on the south line of said Southwest Quarter 671.28 feet; thence North 00 degrees 00 minutes 00 seconds 35.00 feet to a point on the North line of real estate granted to the Board of County commissioners of Hamilton County, Indiana for the right-of-way of 96`" Street, as per Grant thereof recorded in Deed Record 207,pages 136 and 137 in the Office of the Recorder of Hamilton County,Indiana, said point begin the place of beginning of the within described real estate;thence North 90 degrees 00 minutes 00 seconds East parallel with said South line and on the North line of said Right-of-Way Grant 338.72 feet; thence North 00 degrees 00 minutes 00 seconds 495.00 feet; thence North 76 degrees 14 minutes 07 seconds West 215.76 feet; thence North 78 degrees 57 minutes 47 seconds West 128.61 feet;thence North 84 degrees 19 minutes 01 seconds West 2.95 feet to a point on a line which bears North 00 degrees 00 minutes 00 seconds from the place of beginning;thence South 00 degrees 00 minutes 00 seconds on said line 571.25 feet to the place of beginning, containing 4.162 acres, more or less. EXHIBIT "B" EXPLANATION OF REQUESTED SPECIAL USE APPROVAL The Applicant, World Wide Motors, Inc./WP Real Estate, Inc., is the Owner of the 4.162 acre parcel of real estate,commonly known as 3900 E.96th Street,Indianapolis, Indiana, and located North and East of the intersection of East 96th Street and Main Drive ("Real Estate"). The Real Estate is zoned B-3 Business District under the Zoning Ordinance of the City of Carmel, Indiana. The Applicant is requesting a Special Use to permit the expansion of the existing automobile sales and service facility of World Wide Motors, pursuant to the Plan filed herewith. rat CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: World Wide Motors FINDINGS OF FACT - SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended Does/does not apply and all prerequisites have been met by Petitioner as verified by Earthscape Engineering, Inc. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because the requested use is a special use under the B-3 Business District Classification and the recommended land use under the Comprehensive Plan is business. 3. The Special Use is physically suitable for the land in question because the special use requested has been reviewed and approved by the Department of Community Development and all matters of a technical nature have been properly addressed. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because the requested use is a special use under the B-3 Business District Classification and the recommended land use under the Comprehensive Plan is business. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because the real estate is within the City of Carmel and municipal services are available to the real estate. 6. The Board has reviewed the requirements of Ordinance Z-I60, Section 21.4 (1-25) as they relate to this Special Use,and does not find that those criteria prevent the granting of the Special Use. True. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket No. is 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 2000. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). EXHIBIT C