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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 98`h 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. 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.
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.
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 98'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 98`h 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 98`h 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.
1. The approval of this variance will NOT be injurious to the public health, safety, morals, and general welfare of
the community because Take S 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 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 98`h 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.
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BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No • 19060009 V & 19060010 V
Petitioner Baldwin Capital Partners, LLC
1.
2. k{,45
3.
DATED THIS DAY OF TV . 20 11
Board Member
Page 10 of 12 Filename: development standards variance application&instructions 2019 Revised 01/10/19
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FINDINGS OF FACT SHEET- DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3 and first 2 blanks)
Docket No.: 19060009 V & 19060010 V
Petitioner Baldwin Capital Partners, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
See following pages
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 following pages
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 following pages
DECISION
It is they ore the de,cision of_ Carmel Board of Zoning Appeals that Development Standards Variance Docket
No. I1O(,0001 - 10 V 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 T/Ij.., , 20 /lq
.
CHAIRPERSON, Carmel Board of Zoning Appeals
CY/14
SEC TARY, 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
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: 19060009 V & 19060010 V
Petitioner Baldwin Capital Partners, LLC
1. )4. 1934= -ate
746
2.
3.
DATED THIS DAY OF TU , 20 I
oard Member
Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: 19060009 V & 19060010 V
Petitioner Baldwin Capital Partners, LLC
1. rtwa a Y-4
2.
kiA)N-e
3. •
DATED THIS DAY OF TUt , 20 11
4Wil
Board Member
Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: 19060009 V & 19060010 V
Petitioner: Baldwin Capital Partners, LLC
1.
2.
3.
DATED THIS DAY OF TU( , 20 I .
Board tuber
Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: 19060009 V & 19060010 V
Petitioner Baldwin Capital Partners, LLC
1.
2.
3.
DATED THIS DAY OF 3 1 , 20 i I .
B and Member
Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19