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Home My WebLink AboutApplicationCARMEL BOARD OF ZONING APPEALS USE VARIANCE APPLICATION FEE: $1,780 plus $141 per acre DOCKET NO. DATE 1) 2) 3) 4) 5) 6) 7) Applicant: Dianwei Wang and Meili He Address: 10601 North College Avenue, Indianapolis, IN 46280 Project Name: Recovery Auto Engineer/Architect Attorney: E' Davis Coots Contact Person: E. Davis Coots Fm,;,dcoots@chwlaw.com Phone: 317-727-5208 Phone: Phone: 317-844-4693 ___317-844-4693 _. 317-844-4693 317-573-5385 Applicant's Status (check the appropriate response): (a) The applicant's name is on the deed to the property; xx (b) The applicant is the contract purchaser of the property; (c) Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Record of Ownership -- Deed Book No./Instrument Page: 579 Purchase date: Common address of the subject property: 10601 North College Avenue, Indianapolis Legal description: Please see attached. 8511148 Book #350 Tax ID Parcel No.: State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the Unified Development Ordinance that applies and/or creates the need for this appeal). Please see attached. 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Use Variance"). Please see attached. Page 1 — filename: use variance application 2018 & instructions rev. 01/02/2018 9) Present zoning classification of the property: B-2 9a) Zoning Overlay (if applicable): Home Place Over Lay 10) Present use of the property: Vacant 11) Size of lot/parcel in question: 135' x 90' = 12,150 square feet (.278 A) acres 12) Describe the proposed use of the property: Automobile Sales and display 13) Is the property: Owner occupied X ; 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 application? If yes, give date and docket number, decision rendered and pertinent explanation. None 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? The use will commence immediately 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? Recovery Auto, LLC Note: LEGAL NOTICE shall be published in the newspaper according to the Chart on page 5 a MANDATORY 20 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 20 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 20 day prior 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. /A / Applicant Signature: !LlL-Cz4( Date: 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 Unified Development Ordinance sections and/or the legal advice of his/her attorney. Page 2 — filename: use variance application 2018 & instructions rev. 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: E. Davis Coots, Attorney STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath t at the above 'nAormati in Is true and correct and he is informed and believes. (/ (Sig ature of Petitioner) County of — rt ~ t 1.—ryA,/ Before me the undersigned, a Notary Public (County in which notarization takes place) /� for /7)ft/ County, State of Indiana, personally appeared (Notary Public's county of residence) t1i%7�[rs �F1,n� and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this ! cf day of mai 20 (day) (month) (year) / (5EAL) o qry Public --Signature Notary Public --Please Print My commission expires: q— �- f r — ��l r Ean 'HARAuntyExpires"G21 Page 3 - filename: use variance application 2018 & instructions rev. 01/02/2018 HAHN SURVEYING GROUP INC LXII371317' "A., Project STP -B818(001) Sttcet 1 of 1 parcel: 13 Gaut of Permanent Slight -of -Way A put of Loll 132, 133, and 134 in Orin Jessup land Company's Fust Addition, au addition to We Town of Home place, Indian, he plat of which is recorded in Deed Record 103, page 21, in the Office of the Recorder of liavulton County, ludium, and being that part of doe gramors' land lying ,olibin the right-ofway tines depicted on the attached Right -of -Way, puce] Plat noulor t as Exhibit 'D dcscribcd as follows: Segumiug at a point on tin cast line of Said Lot 132 North 0 degrees 23 minutes 27 seconds East 3.048 meters (10.00 feat) ham the southeast corer of said Lot 132, which poor' of beghuung is an the uovdr boundary of 106th Street; thence Nord' 88 degrees 58 minutes 53 seconds West 33.528 meters (110.00 feet) along the bomul,ary of Said 106th Sine( to dee east twundary of College Avenue; tlunee North 0 degrees 23 cameras 27 seconds Last 44.196 meters (145.00 fect):Nong the boundary of said College Avenue to the north line of said Lot 134; thence South 88 degrees 58 miudes 53 seconds Past 5.796 meters (1 x.02 fact) along said north lure W point *840' designated on said parcel plat; LLeuce South 0 egrees 23 nurtures 27 seconds West 35.321 meius (115.88 feel) to point '929' designated y said pared plat; thence South 44 degrees 14 minutes 16 seconds Fast 8.523 neters (27.96 feet) to point '910' designatN on said parcel plat; theucc South 88 degrees 59 minutes 53 seconds Fast 21,745 meters (71.34 feet) to the east lire of said Lot 132 at post "911' designated on said parcel plu; thence South 0 degrees 23 minutes 27 seconds West 2.876 man's (9.44 feet) along said cast line to the point of be8unuug and containing 0.0354 hectues (0.081 acres), more or l ss. This thsnription was Pnp.W for HutilWn Couay, huliaua by A41 fawcmce C. Subre, ladinna Registered Land Su qct. Licenseer 3.% 4soisPt N'.Ob910016, an dee 20`" of September, 2001. )- No. c �staoia This dcscripdev was wriucv Gvm ivlomwion obuined from the ` aero record"" office and odor soaaaas which .,in ant veccssarily claaaw �y �It by a field amvey. The property is zoned B-2 that permits automobile sales and service. The Home Place Overlay (HP -OL) District § 3.01 prohibits auto sales and service. The Applicant seeks to use this vacant lot for automobile sales. 8. The property historically has been an auto service/repair facility. The original service station building has been demolished and the applicant who owns the automobile sales/service business immediately east of the site, desires to expand his existing business on to the property. 1 : IYAYI Coots, Henke & Wheeler December 18, 2018 ATTORNEYS AT LAW E.Davis Coots* Via Hand Delivery �-- James K.Wheeler* Jay Curts Ms. Angie Conn y James D.Crum Planning Administrator DEC 1 9 2018 Jeffrey S.Zipes* Carmel City _ Matthew L.Hinkle* One Civic Square, 3rd Floor Daniel E.Coots Carmel, IN 46032 Brandi A.Gibson* John V.Maurovich Re: Use Variance Application Ryan H.Cassman* Our client: Danny Wang Cory C.Voight Our File No. 23735 Alex Emerson Betsy Sommers Dear Angie: 'Registered Mediator As supporting documentation for the Use Variance Application filed on OF COUNSEL: behalf of Danny Wang, I am submitting to you a copy of the real estate survey for Steven H.Henke the tract and a schematic of what a future development of the property might resemble although not a portion of the intended use that is the subject of the Variance. It is Mr. Wang's intent to ultimately develop this property as his business demands grow; however, the Use Variance is to permit his occupancy of the corner site until that time. Very truly yours, COO S, HENKE & WHEELER, P.C. E. Davis Coots EDC/co Enclosures 255 East Carmel Drive Carmel, IN 46032 + fit 317-844-4693 FAX: 317-573-5385 WWW.CHWLAW.COM A Professional Corporation sTEEL CONSTRUCTION CO., INC. ir • • 317-887-9991 5153 Commerce Sq. Dr.,Suite A Indianapolis,IN 46237 www.steelcoreconstruction.com 06/02/2016 Page 24 of 29 4 _ , ,. , sTEELcoR E CONSTRUCTION CO ., INC. • r j • • ilk V' —.. w.A. 1. r. .- Ts - • _ �__ si ._ _ ,;r17 - _. ; k _ a- N 4 .,• - , 1 .. ., ,,, . , ., . ,,,,,,4 , iv. . ,..... C ecory auto er'i ' ve i k . ..� or- 1 11 G a*, ...,a.- E' y.. .. : . 1 '.. i., ' .1..- -- • / - "� W .- • 0 i !L.+.111 N. . pi„ ill x9;56'3` '. S „.:1 • wr-lfi .J• to 0 0 317-887-9991 1 5153 Commerce Sq. Dr.,Suite A 1 Indianapolis, IN 46237 1 www.steelcoreconstruction.com 1 06/02/2016 Page 11 of 29 1