HomeMy WebLinkAboutApplication DSVCARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION
FILING FEES: Single Family (Primary Residence) $350.00 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.)
DOCKET NO.
1)
2)
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7)
Applicant: Baldwin Capital Partners, LLC
Office use only
DATE RECEIVED:
Address: 1555 W Oak St. Ste 100-3 Zionsville IN 46077
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: EIIiot.Smith baldwinca pitalpartners_com
Applicant's 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:
If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address: NIA Phone: NIA
Record of Ownership: Deed Boole No./Instrument No. 132
Page: 446-447 Purchase date: April 28 2008
Common address of the property involved: 9799 N Michigan Rd_ Carmel IN 46032
Legal Description: Acreage .66 Section 7 Township 17 Range 3 NORTH AUGUSTA Lot 4
Tax Parcel ID No.: 17-13-07-04-02-001.000
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 sgft, Per Section 3.99A, the minimum „gross floor area of
the Principal building is 2,500 sg. ft.
2) The site plan calls for stacking of thedrive-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 and the East side is a side yard. Per Section
3.95E lines for drive-thru facilities shall not be permitted 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 f100 ft. wide of the parcel, a 2,500. sq. ft_ building would be
difficult to construct while still meeting other zoning requirements, such as setbacks buffer yards,
greenbelts, driveways, drainage, 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 fln process of being rezoned to B-3
9a) Overlay Zone of property (if applicable): US -421 Overlay District
10) Size of lotlparcel in question: 0.66 acres 128 750 sq. ft. acres/sq.ft.
11) Present use of property: Office Space
12) Describe proposed use of property: Quick serve oil change center. Customers stay 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.
Propertv is in the process of being rezoned from S1 to B3. Docket #19050028
15) Was 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?
Work will commence as soon as the rezone is approved by the City Council. The vote is tar eted 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 Chan a 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 01/10119
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see_Aage 8.
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 Communitv Services.
f
P,
Applicant Signature: Date:
T e applica4certifies 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. 1, the undersigned, authorize the applicant to act on my
behalf with regard to this application and subsequent hearings
STATE OF INDIANA
SS:
Signed Name
„rt N -% &I e r
Printed Name: J
County of_]� a M � �6\ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for m l l �(,R County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledge the execution of the foregoing instrument
- l [v+�i-raGd- QvrCy"^5Gr l
this i day of V L) .20 1
Notary Public --Signature
(SEAL)
Christine Farrell, Notary Public h t r
} Comm. Expires May 11, 2024
* 51 AL Resides in Hamilton Co., IN Notary Public—'Printed Name
Comm. Number 585158
My commission
Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
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
o.:
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 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 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
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 S-1 Residential and is in the
Process of being rezoned to B-3 Commercial. The Petitioner seeks to build and operate a 1,540 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.
I. 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 East. 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 981h 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 981h St. Because the site is on a corner, the North side of the parcel is considered one of the front
yards. Per Section 3.95E 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.
1. 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.
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.
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 corner of Michigan Rd and 98th 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 plan 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 9811 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
t
J. Iliot Smith CPA