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Home My WebLink AboutApplicationPage 1 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2018 Revised 01/02/2018 CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE – HEARING OFFICER FEES: Single Family (Primary Residence) $176.00 for the first variance, plus $103.00 for each additional section of the ordinance being varied. Commercial and Other $711.00 for the first variance, plus $353.00 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:_______________________________________________________________________________ 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 Map Parcel No.: ____________________________________________________________________ 7) State explanation of requested Development Standards Variance: (State what you want to do a nd cite the section number(s) of the Unified Development Ordinance that applies and/or creates the need for this request). _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). ____________________________________________________________________________________ _____________________________________________________________________________________ Office Use Only Page 2 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2018 Revised 01/02/2018 9) Present zoning classification of the property: _________________________________________________ 9a) Overlay Zone of property (if applicable):___________________________________________________ 10) Size of lot/parcel in question:__________________________________________________________acres 11) Present use of the property: ______________________________________________________________ 12) Describe the proposed use of the 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 applica tion? 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: LEGAL NOTICE shall be published in the newspaper according to the Chart on page 5 a MANDATORY ten (10) 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) FIRST CLASS MAIL WITH CERTIFICATE OF MAILING sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least 10 (ten) 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 ten (10) 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 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 Department o f Community Services are advisory only and that the applicant should rely on appropriate Unified Development Ordinance and/or the legal advice of his/her attorney. Page 3 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2018 Revised 01/02/2018 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________. (date) (month) (year) _________________________________________ Notary Public--Signature (SEAL) _________________________________________ Notary Public--Please Print My commission expires: _________________________________ EXHIBIT “A” Contact Information 1. Applicant: ICT, LLC c/o Rodger Baker Winter Architects 1024 E. 1st Street Wichita, Kansas 67214 316-267-7142 x231 rodger@winterusa.com 2. Owner: Parcel Numbers: 17-13-07-04-02-025.000 and 17-13-07-04-02-026.000 KLC Realty, LLC 3825 South East Street Indianapolis, Indiana 46227 3. Attorney/ Land Use Professional: Fredric Lawrence, Attorney Matt Pleasant, AICP, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, Indiana 46032 317-844-0106 rick@nf-law.com matt@nf-law.com 4. Engineer: Eric A. Gleissner, P.E. Civil Site Group, Inc. 160 West Carmel Drive, Suite 240 Carmel, Indiana 46032 317-810-1677 egleissner@civilsite.net 5. Architect: Rodger Baker Winter Architects 1024 E. 1st Street Wichita, Kansas 67214 316-267-7142 x231 rodger@winterusa.com APPLICANT CONSENT TO AND JOINDER IN APPLICATIONS The undersigned,ICT,LLC (“ICT”)is the Applicant as it relates to the parcels of real estate that are identified per the records of the Hamilton County,Indiana Auditor’s Office as tax parcel number 17-13-07-04- 02-026.000 and 17-13-07-04-02-025.000 (collectively the “Real Estate”),and it hereby consents to and joins in the filing of an application with the City of Carmel for variance approval pertaining to the Real Estate (the “Application”).In addition,if the undersigned determines that other approvals may be required or deemed necessary (collectively the “Other Applications”),the foregoing “Applicant Consent To And Joinder in Applications”shall apply to the Application and for any Other Applications sought by ICT pertaining to the development of the Real Estate.ICT also authorizes its employees,engineers,land planners,attorneys, attorneys’employees and agents,as follows: 1.To file with respect to the Real Estate the Application and Other Applications with the Board of Zoning Appeals of the City of Carmel or any other bodies or agencies,as such may be required; and 2.To pursue the approval of the Application and Other Applications before the Board of Zoning Appeals and any other bodies or agencies,as such may be required; LLC Name:€X\fSS€ Title: _____________________ Date: _______________ STATE Of__________ )SS: COUNTY OF I ) Before me the undersigned,a Notary Public,in and for said County and State,personally appeared 44esse..(name),as k1\kX (title)on behalf of ICT,LLC, as the Applicant,and acknowledged the execution of the foregoing Applicant Consent To and Joinder in Application. WITNESS my hand and Notatial Seal this _______ day of ,201$. %Qxui yV No County of Residence: tic OWNER CONSENT TO AND JOINDER IN APPLICATIONS The undersigned, KLC Realty, LLC is the owner (the "Owner") of the parcels of real estate that are identified per the records of the Hamilton County, Indiana Auditor's Office as tax parcel numbers 17-13-07-04- 02-026.000 and 17-13-07-04-02-025.000 (collectively the "Real Estate"). The Owner hereby consents to and joins in the filing by ICT, LLC (the "Applicant") of a variance application with the City of Carmel to allow for the construction and operation of a restaurant on the Real Estate owned by the Owner (the "Application"). In addition to the Owner consenting to and joining in the Application, pursuant to this "Owner Consent To And Joinder In Applications", if the Applicant determines that other approvals may be required or deemed necessary by the Applicant to develop the Real Estate for its intended use (collectively the "Other Applications"), the foregoing "Owner Consent To And Joinder In Applications" shall apply to the Application and also for any Other Applications sought by the Applicant. The Owner also authorize the Applicant, along with its employees, engineers, land planners, attorneys, attorney's employees and agents, as follows: To file with respect to the Real Estate the Application with the Board of Zoning Appeals of the City of Carmel (the "BZA") and, if determined necessary by the Applicant, to file any Other Applications; 2. To pursue the approval of the Application and Other Applications before the BZA and any other bodies or agencies, as such may be required; and, 3. To act on behalf of the Owner with regard to the Application and Other Applications in hearings and testimony incident thereto. KLC Realty, LLC By: Name: Ch a r I Title: meyn bet Date: /p - 41" - t !� STATE OF SS: COUNTY OF Maric,n ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared �I k a r f o s P• K (name), as o -n e'►T b e r (title) on behalf of KLC Realty, LLC, as the Owne , and acknowledged the execution of the foregoing Owner Consent To And Joinder In Applications. WITNESS my hand and Notarial Seal this day c My Commission Expires: County of Residence: SHERRY CLEMENTS NOTARY " Johnson County s'iu My Commission Expires ��oF; 't<: Meroh 15, 2026 Exhibit D Legal Description Parcel 1: Lot 8 in North Augusta, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 132, pages 446-447 in the Office of the Recorder of Hamilton County, Indiana. Except the following described real estate conveyed to the State of Indiana by Warranty Deed recorded September 20, 2000 as Instrument No. 200000047071, more particularly described as follows: Beginning at the Southwest corner of said Lot 8; thence North 20 degrees 46 minutes 56 seconds West 30.480 meters (100.00 feet) along the Western line of said Lot 8 to the Northwest corner thereof; thence North 69 degrees 13 minutes 04 seconds East 5.967 meters (19.58 feet) along the Northern line of said Lot 8; thence South 22 degrees 18 minutes 14 seconds East 30.491 meters (100.04 feet) to point "734" as shown on said right of way parcel plat, said point "734" lying on the Southern line of said Lot 8; thence South 69 degrees 13 minutes 04 seconds West 6.776 meters (22.23 feet) along said Southern line to the point of beginning. Parcel 2: Part of Lot 9 in North Augusta, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 132, pages 446-447 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the Southeastern line of said Lot 9, distant 61.19 feet Northeasterly of the Southwest corner thereof; thence Northeasterly on and along the Southeastern line of said Lot 9, 239.90 feet to the Southeast corner of said Lot 9; thence Northwesterly on and along the Northeastern line of said Lot 9, 135.63 feet to the Northeast corner of said Lot 9; thence Southwesterly on and along the Northwestern line of said Lot 9, 258.50 feet to a point which is 41.50 feet Northeasterly of the Northwest corner of said Lot 9; thence South 20 degrees 25 minutes 55 seconds East 99.24 feet; thence South 71 degrees 55 minutes 40 seconds East 25.56 feet to the place of beginning. Property Address Reference: 9701-9703 North Michigan Road, Carmel, IN 46032 EXHIBIT “E” Freddy’s Frozen Custard & Steakburgers Development Standards Variance Project Description ICT, LLC (“ICT”) is the operator of Freddy’s Frozen Custard & Steakburger restaurants and is seeking development standards variances in order to operate a restaurant and drive-thru on real estate that is located at the northeast corner of Michigan Road and 97th Street, having a common address of 9701-9703 N. Michigan Road, Carmel, IN 46032 and is identified as parcel numbers 17-13-07-04-02-025.000 and 17-13-07-04-02-026.000 (collectively, the “Real Estate”). In order to allow for the proposed layout of the restaurant on the Real Estate, ICT is seeking the following development standards variances from the City of Carmel’s Unified Development Ordinance (“UDO”): 1. UDO Section 3.91.A.1 – Greenbelt Width – From 30 feet to 19 feet 2. UDO Section 3.95.F – Drive-thru lanes – To allow lines for drive-thru facilities along the side of the structure Enclosed with this Variance Application are the supporting exhibits describing the request. EXHIBIT “F” SAMPLE FINDINGS OF FACT (To be revised and supplemented for BZA Brochure Submittal) CARMEL ADVISORY BOARD OF ZONING APPEALS – HEARING OFFICER CARMEL, INDIANA Docket No.: ____________________ Variances from: 1. UDO Section 3.91.a.1 – Greenbelt – From 30’ to 19’ 2. UDO Section 3.95.F – Drive-Thru – Permitting lines for drive-thru on the side of the structure Petitioner: ICT, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The requested variances are necessary in order to develop the real estate for a restaurant with a drive- thru window, consistent with other business and commercial uses in the general vicinity. As a result, approval of the variances will not be injurious to the public health, safety, morals and general welfare of the community. 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 requested variances are necessary in order to develop the real estate for a restaurant with a drive- thru window. The uses along the Michigan Road corridor and are business and commercial in nature and proposed new use is consistent with those business and commercial uses, including restaurant uses with drive-thru windows. As a result, approval of the variances will not impact the areas adjacent to the property in a substantially adverse manner. 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: The strict application of terms of the Zoning Ordinance to the property will result in a practical difficulty because the applicant will be unable to design an efficient and effective site circulation plan for the proposed building and uses permitted by the underlying zoning. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals – Hearing Office that Development Standards Variance Docket Nos. _________________ is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this ___ day of ___________, 2018. _________________________________________ Hearing Officer, Carmel Board of Zoning Appeals _________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Freddy’s Frozen Custard Site Site Location Map / Aerial Photograph NORTH SITE Freddy’s Frozen Custard Site US 421 Overlay Map NORTH SITE Freddy’s Frozen Custard Site Zoning Map NORTH SITE