HomeMy WebLinkAboutApplication UVCARMEL BOARD OF ZONING APPEALS
USE VARIANCE APPLICATION
Filing Fee: $1,829 plus $144 per acre
Office use only
DOCKET NO. DATE RECEIVED:
1) Applicant: Baldwin Capital Partners, LLC
Address:
1555 W Oak St. Ste 100-3, Zionsville, IN 46077
2) Project Name: BCP, LLC
Engineer/Architect: Ashton Fritz
Attorney: N/A
Contact Person: Elliot Smith
Phone: 574-612-9998
Phone: 317-324-8695
Phone: N/A
Email: Elliot.Smith@baldwincapitalpartners.com
Phone. -574-612-9998
N/A
3) Applicant's Status (check the appropriate response): F] (a) The applicant is on the deed to the
property; [V] (b) The applicant is the contract purchaser of the property; (c) Other:
4)
5)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: N/A
Owner's address: N/A
Record of Ownership -- Deed Book No./Instrument No. 132
Page: 446-447 Purchase date: April 28, 2008
6) Common address of the subject property: 9799 N Michigan Rd Carmel, IN 46032
Legal description: Acreage .66 Section 7, Township 17, Range 3 NORTH AUGUSTA Lot 4
Tax ID Parcel No.: 17-13-07-04-02-001.000
7) 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).
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8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Use Variance"). /
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Page 1 of 12 filename: use variance application & instructions 2019 rev. 01/10/19
Phone: N/A
9)
9a)
10)
11)
12)
13)
Present zoning classification of the property: S1
Zoning Overlay (if applicable): 421 Overlay District
Present use of the property: Office space
Size of lot/parcel in question: 0.66 acres / 28,750 sq. ft. acres/sq. ft.
Describe proposed use of the property: Quick serve oil change center. Customers stay in their
cars during the oil change.
Is the property: Owner occupied Yes ; 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.
No
15)
16)
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
If proposed appeal is granted, when will the work commence?
Once DP/ADLS plans are approved. Target date is August 2019
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
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NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on pane 5 a MANDATORY
twenty (20) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must
be available for inspection by 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), OR
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)
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see page 7.
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 De artment f Communi ervices.
Applicant Signature: �Zl
Date: 5 0
Zapplicant certifies by signing this application that he/she has been advised that al 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 of 12 filename: use variance application & instructions 2019 rev. 01/10/19
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 Name:
(r perty Owne , ower of Attomey)
Printed Name: A1�,5-WILIC-
The undersigned, having been duly sworn upono th sa s hat th Ab a information is true and correct and he is
informed and believes.
( I ( Ignature 6f Petitioner)
County of a VIiL� ` Before me the undersigned, a Notary Public
(County in which notarization takes place)
for T4 a VV_- H-V-� County, State of Indiana, personally appeared
(Notary Public's county 1of residence)
<G
lel V1Z l D In �r_ '�), and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of``Alttomey)
this I L� 4-tti day of `�"I 20
(day) (month) (year)
Notary Public—Signature
LISA LOUISE MOTZ m -_V k
County of Res: Hamilton Notary Public -Please Print
sem' My Comm. Expires 1-24-2021 )
Comm. No. 641496 My commission expires: l I ,
Page 3 of 12 filename: use variance application & instructions 2019 rev. 01/10/19
CARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION
FILING FEES: Single Family (Primary Residence) $360.00 for the first variance, plus $105.00 for each additional
section of the ordinance being varied. All Other $1,394.00 for the first variance, plus $657.00 for each
additional section of the ordinance being varied. (Or see Hearing Officer option & Fees.)
Office Use only
DOCKET NO. DATE RECEIVED:
1) Applicant: Baldwin Capital Partners LLC
Address: 1555 W Oak St. Ste 100-3 Zionsville IN 46077
2) Project Name: BCP LLC Phone: 574-612-9998
Engineer/Architect: Ashton Fritz Phone: 317-324-8695
Attorney: NIA Phone: NIA
Contact Person: Elliot Smith Phone: 574-612-9998
Email: Elliot. Smith A baidwinca ital artners.com
3) Applicants Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property X (b) The applicant is the contract
purchaser of the property_ (c) Other:
4) If Item 3) (c) is checked, please complete the following.-
Owner
ollowing:Owner of the property involved: N/A.
Owner's address: NIA Phone: NIA
5) Record of Ownership: Deed Book NoAnstrument No. 132
Page: 446-447 Purchase date: April 28, 2008
6) Common address of the property involved: 9799 N Michigan Rd. Carmel, 1N 46032
Legal Description: Acrea a .66 Section 7 Township 17 Range 3 NORTH AUGUSTA Lot 4 -
Tax Parcel ID No.: 17-13-07-04-02-001.000
7) Explanation of requested Development Standards Variance: (State what you want to do and cite the
section number(s) of the Unified Development Ordinance that applies and/or creates the need for this
request.)
1 The Principal building is designed to be 1,500 s _ ft. Per Section 3.99A the minimum gross floor area of
the principal building is
2 The site plan calls for stacking of the drive-thru lanes alon 9$"' St. Because the site is on a corner, the
North side of the parcel is considered one of the front yards and the East side is a sideyard- Per Section
3-95F lines for drive-thru facilities shall not be ermitted along the front and sides of structures_
Page 1 of 12 Filename: development standards variance application & instructions 2019
Revised 01110/19
8) Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance").
1) Given the size 0.66 acres and shape 100 ft. wide of the Parcel—a 2,500 s . ft. building would be
difficult to construct while still meeting other zoning requirements, such as setbacks buffer yards,
greenbelts, parking, driveways, drains a etc.
2) Due to the site being on a corner, and thus having two front yards, it is technically not possible for
stacking of the drive-thru lanes to be confined to the "rear" of the parcel. The current site plan allows for
the vehicles to stack away from Michigan Rd. which would be the rear of the parcel if it was not a
corner.
9) Zoning district classification of property: S-1 In process of being rezoned to B-3
9a) Overlay Zone of property (if applicable): US -421 Overlay District
10) Size of lottparcel in question: 0.66 acres / 28,750 sq. ft. acres/sq.ft_
11) Present use of property: Office Space
12) Describe proposed use of property: Quick serve oil change center. Customers stav in their car during the
oil change.
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, instrument no., decision rendered and pertinent explanation-
Propeq is in the process of being rezoned from S1 to 133. Docket #19050026
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: NIA
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
Work will commence as soon as the rezone is approved by. the City Council. The vote is targeted for
October or November 2019
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Baldwin Capital Partners LLC will operate a Take 5 Oil Change Center.
NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 5
MANDATORY 20 days prior to the public hearing date. The certified 'Proof of Publication" affidavit for the
newspaper must be available for inspection by 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), OR
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)
Page 2 of 12 Filename: development standards variance application & instructions 2019 Revised o111 o119
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see page 8.
THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The applicantunderstands that docket numbers will not be assigned until all sqMortinq information has been
submitted to the Department of Community Services.
Applicant Signature: Date:
T e applicant' certifies by signing this application that he/she has been advised that a repre entations of
t e Department of 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.
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
County of
for
Signed Name:
Printed Name:
SS:
(County in which notarization takes place)
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
(Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument
this day of
(SEAL)
20
Notary Public --Signature
Notary Public—Printed Name
My commission expires:
Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01110/19
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3 and first 2 blanks)
Docket No_:
Petitioner_
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
See Exhibit 1
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.-
See
ecause:
See Exhibit 1
3. The strict application of the terms of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because:
See Exhibit 1
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance 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
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
20
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 11 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
FINDINGS OF FACT (Minimum Gross Floor Area — 3.99A)
Petition for Development Standards Variance
Baldwin Capital Partners, LLC
Baldwin Capital Partners, LLC (Petitioner) is the prospective purchaser of real estate located at
9799 N Michigan Rd. The parcel is located on the Southeast corner of Michigan Rd and 98th St. The
Parcel ID is 17-13-07-04-02-001.000 (the Property) and is currently zoned 5-1 Residential and is in the
process of being rezoned to B-3 Commercial. The Petitioner seeks to build and operate a 1,500 sq. ft.
Take 5 Oil Change (Take 5) facility on the Property. Per Section 3.99A of the City of Carmel unified
Development Ordinance (Ordinance), the minimum gross floor area of the principal building on a parcel
within the 421 Overlay District is 2,500 sq. ft. Petitioner seeks a development standards variance in
order to construct a 1,500 sq. ft. building to utilize the property to operate a Take 5_
The below is provided in support of the answers given in the Findings of Fact portion of the
Development Standards Variance application.
The approval of this variance will NOT be injurious to the public health, safety, morals, and
general welfare of the community because Take 5 is a national brand with upwards of 350
centers nationwide. Utmost importance is placed on environmental sustainability and
management. The oil change center will comply with the architectural requirements dictated by
the Ordinance resulting in an aesthetically pleasing building and will provide a high-quality
service to the residents of Carmel.
2. The use and value of the area adjacent to the Property will NOT be affected in a substantially
adverse manner. The adjacent properties along N Michigan Rd are currently occupied with
existing operating businesses. In fact, a Take 5 will have a positive impact on adjacent property
owners, as it will result in architectural upgrades that will be more in line with the Ordinance.
The Property's current building, which is about 1,000 sq. ft., will be removed, and a new Take 5
facility constructed. The proposed oil change center will be more in line with the Ordinance than
the Property's current building. Given the nature of business operations on the adjacent
properties, Take 5 will attract new potential customers to the area, which will result in
advantageous retail synergies for adjacent property owners.
3. The strict application of the terms of the Unified Development Ordinance to the Property will
result in practical difficulties in the use of the property. Given the size of the Property (0.66
acres with 100 ft. of frontage on N Michigan Rd.), constructing a 2,500 sq. ft. building on the
parcel while still meeting other requirements of the Ordinance, such as setbacks, buffer yards,
greenbelts, parking, driveways, and drainage, would be extremely difficult; if not impossible.
Specific challenges are as follows: 1) Expanding the building to the South is not an option, as the
building is already up against the 15 ft. setback. 2) Given the 30 ft. setback and greenbelt on the
West side of the property, expanding the building in that direction would not allow for vehicles
to exit the building. 3) Expanding the building to the North is not an option, as the building is
already up against the 30 ft setback. In addition, expanding to the North would eliminate the
exit drive and buffer yard against 98th St. 4) Finally, expanding the building to the East would
cause several problems. It would eliminate 2-3 parking spots to the South side of the property,
as the space would be needed for vehicle stacking. This would not allow enough parking spaces
for employees. The only other option for the Property would be to expand the entire paved area
further to the l=ast. However, this would not be possible as that would place parking spaces in
the infiltration basin.
As discussed previously, the small size and narrowness of the parcel would make the
construction of a 2,500 sq. ft. building a practical difficulty_
FINDINGS OF FACT (Stacking — 3.95F)
Petition for Development Standards Variance
Baldwin Capital Partners, LLC
Baldwin Capital Partners, LLC (Petitioner) is the prospective purchaser of real estate located at
9799 N Michigan Rd. The parcel is located on the Southeast corner of Michigan Rd and 98th St. The
Parcel ID is 17-13-07-04-02-001.000 (the Property) and is currently zoned S-1 Residential and is in the
Process of being rezoned to B-3 Commercial. The Petitioner seeks to build and operate a 1,500 sq. ft.
Take 5 Oil Change (Take 5) facility on the Property_ The site plan calls for stacking of the drive-thru lanes
along 98th St. Because the site is on a corner, the North side of the parcel is considered one of the front
Yards. Per Section 3.95F of the City of Carmel Unified Development Ordinance (Ordinance), lines for
drive-thru facilities shall not be permitted along the front and sides of structures. Petitioner seeks a
development standards variance in order to allow for the vehicles to stack away from Michigan Rd (See
attached site plan)_
The below is provided in support of the answers given in the Findings of Fact portion of the
Development Standards variance application.
The approval of this variance will NOT be injurious to the public health, safety, morals, and
general welfare of the community because Take 5 is a national brand with upwards of 350
centers nationwide. Utmost importance is placed on environmental sustainability and
management. The oil change center will comply with the architectural requirements dictated by
the Ordinance resulting in an aesthetically pleasing building and will provide a high-quality
service to the residents of Carmel.
2. The use and value of the area adjacent to the Property will NOT be affected in a substantially
adverse manner. The adjacent properties along N Michigan Rd are currently occupied with
existing operating businesses_ In fact, a Take 5 will have a positive impact on adjacent property
owners, as it will result in architectural upgrades that will be more in line with the Ordinance.
The Property's current building, which is about 1,000 sq. ft., will be removed, and a new Take 5
facility constructed. Given the nature of business operations on the adjacent properties, Take 5
will attract new potential customers to the area, which will result in advantageous retail
synergies for adjacent property owners_
3. The strict application of the terms of the Unified Development Ordinance to the Property will
result in practical difficulties in the use of the property. As noted above, the Property is located
at the Southeast corder of Michigan Rd and 9& St_ According to the Ordinance, a parcel located
on a corner has two front yards (North and West for this Property), two side yards (South and
East) and NO backyards. Therefore, developing a site pian where the stacking of drive-thru lanes
is confined to the rear of a parcel is not technically possible. The current site plan calls for the
stacking of the drive-thru lanes along 9gtf9 St_ towards the East side of the property and away
from Michigan Rd. Due to these reasons, the lack of approval of the requested variance
constitutes a practical difficulty to the Petitioner.
For the above reasons, Petitioner requests approval of the application for Development Standards
Variances to allow a Take 5 Oil Change center to be constructed and operate on the Property.
Respectfully,
Baldwin Capital Partners LLC
J
J. liiot Smith CPA