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Home My WebLink AboutApplication DSVCITY OF CARMEL -BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES Single Family (Primary Residence) $333.00 for the first variance, plus $101.00 for each additional section of IhB ordinance being varied. All Other $1,324.00 for the first variance, plus $625.00 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. I DATE RECEIVED: 1) Applice : ECC MICHIGAN ROAD, LLC (Contract to Purchase Lot IA North Augusta) Address: 725 East 65th Street, Suite 300; Indianapolis, IN 46220 2) Project me: - Engines Archih Attorney: N/A Contact Person. LOT IA NORTH AUGUSTA CIVIL SITE GROUP, INC. - BRIAN CROSS BRIAN CROSS Phone: 317-574-7448 Phone: 317-810-1677 Phone: N/A Phone: 317-810-1677 Email: cross@civilsite.net 3) Applica s Status: (Check the appropriate response) The applicant's name is on the deed to the property XX (b) The applicant is the contract purchase r of the property. (c) Other: 4) If Item 3 (c) is checked, please complete the following: ARMTRUST V, LLC AND Owner a the property involved: ARMSTRONG, G. WR.LIAM TRUSTEE OF ARMSTRONG FAMILY CHARITABLE TRUST Owner'saddress: 10654 SUNSET POINT LANE; FISHERS, IN 46037 Phone, 317-258-1156 5) Record f Ownership: Deed Book No./Instrument No. RNSTRUMET1T NO.2011027877 & 2011027878 Page: N/A Purchase date: LOT IA CREATED BY REPLAT 05/07/2014 6) Commor address of the property involved: 9835 MICHIGAN ROAD, CARMEL, IN 46032 LOT IA, A REPLAT OF NORTH AUGUSTA, SECTION 1, LOTS 1.3, & WEST CARMEL MARKETPLACE, PART Legal de rlptlon: OF BLOCK H. INSTRUMENT NO. 2014016689 IN PLAT CABINET 5, SLIDE 205 Tax Par IID No.: 17-13-07-04-01-001.001 & 17-13-07-04-01-002.000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this 8) State re sore supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Development Standards Variance'). 1) West el Marketplace Block H neshicrions on the competing sale of goods and trade limits the location of the building on the Property. 2) Walnut Creek Goya is a Public use Access Easement accented by the Ciry of Carmel BPWS 1221/2011 Page 1 M 12 Filename: De ebpme at Standards Variance 2017 Revised 12202016 g) Zoning istdctclassificationofproperty: B3/US421KCHIGANROAD 10) Size of lot/parcel in question: 0.98 acres it) Present PrtY VACANT COMMERCIAL property: use of the roe 12) Describ( the proposed use of the property: COMMERCIAL/RETAIL 6,100 S. retail/restaurant building with additional parking, drainage, and utility infrastructure 13) Is the pr party. Owner occupied N/A Renter occupied Other 14) Are then 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 rumber, instrument no., decision rendered and pertinent explanation. Resuic tion Agreement and Grant of Easements dated 05/17/2006 m lour. #200600022526 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: 16) Ifforopasadappeal is granted, when will the work commence? FALL 2019 17) If the pr posed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? VALVOLINE INSTANT OIL CHANGE 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 bs available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of rotice are recommend 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 am abutting property owner acknowledging the 20 day notice should be kept for verification that the notice was complet d.) REALIZE THE URDEN 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 of Community Services. I C, A �6En//'70 bWV&L. Data: 17 Applicant Signature: The applicant ce ifies by signing this application that he/she has been advised that all representations of the Department of Community Servic as are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance end/or the legal a JvIce of his/her attorney. Page I of 12 Filersme: Development staodani. Variarm 2017 F2emecl 1MW016 Property Owner Consent The undersigned, Armstrong V,, LLC and Armstrong Family -Charitable Trust, being the owner(s) of the property commonly known as 9835 Michigan Rd; Hamilton County Tag Parcel #s 17-13-07-04-01-001.001 & 17-13-07-04-01-002.000 hereby authorizes Civil Site Group, Inc. and Valvoline, LLC to file land development petitions necessary for the aforementioned address/properties. This consent shall remain in effect until revoked by a written statement filed with the City of Carmel Department of Community Services. operty Owner(s) Armstrong V, LLC G. William Armstrong, Member Date STATE OF INDIANA C/ Property Owner(s) Armstrong Family Charitable Trust G. William Armstrong, Trustee NOTARY'S CERTIFICATE % ) SS: � y �-�-� COUNTY OF e 0 �- l� ) Before me, a Notary Public, in and for said State and County, personally appeared and acknowledged the execution of the same on the date aforesaid to be his or her voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. Witness my hand and Notarial Seal this day of 12019. 1 g Si Printed Name My Commission expires: , / 4 -/-/- County of Residence: GENA LYNN LARKIN Notary Public - Seat Hancock County - State of Indiana Commission Number 712496 Mir Commission Expires Apr 16, 2026 CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES: Single Family (Primary Residence) $333.00 for the first variance, plus $101.00 for each additional section of the ordinance being varied. AM Other $1,324.00 for the first variance, plus $625.00 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED: 1) Applicant: ECC MICHIGAN ROAD, LLC (Contract to Purchase Lot I A North Augusta) Address: 725 East 65th Street, Suite 300; Indianapolis, IN 46220 2) Project Name: LOT I A NORTH AUGUSTA Phone: 317-574-7448 Engineer/Architect: CIVIL SITE GROUP, INC. - BRIAN CROSS Phone: 317-810-1677 Attorney: N/A Phone: N/A Contact Person: BRIAN CROSS Phone: 317-810-1677 Email:— bcross@civilsite.net 3) 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: 4) If Item 3) (c) is checked, please complete the following: ARMTRUST V, LLC AND Owner of the property involved: ARMSTRONG, G. WILLIAM TRUSTEE OF ARMSTRONG FAMILY CHARITABLE TRUST Owner's address: 10654 SUNSET POINT LANE; FISHERS, IN 46037 Phone: 317-258-1156 5) Record of Ownership: Deed Book No./Instrument No. INSTRUMENT NO. 2011027877 & 2011027878 Page: N/A Purchase date: LOT IA CREATED BY REPLAT 05/07/2014 6) Common address of the property involved: 9835 MICHIGAN ROAD, CARMEL, IN 46032 LOT IA, A REPLAT OF NORTH AUGUSTA, SECTION 1, LOTS 1-3, & WEST CARMEL MARKETPLACE, PART Legal description: OF BLOCK H. INSTRUMENT NO. 2014016689 IN PLAT CABINET 5, SLIDE 205 Tax Parcel ID No.: 17-13-07-04-01-001.001 & 17-13-07-04-01-002.000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). I)UDO Article 3, Section 3.99 - Reduction in the Minimum Gross Floor Area required from 2,500 sf to 2,077 sf (main floor, excluding basements) 2)UDO Article 3, Section 3.95.F - Vehicle Stacking in a Front Yard 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Development Standards Variance"). 1) West Carmel Marketplace Block H restrictions on the competing sale of goods and trade limits the location of the building on the property. 2) Walnut Creek Drive is a public use Access Easement accepted by the City of Carmel BPWS 12/21/2011 Page 1 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 0) Zoning district classification ofproperty: s3/om421m«uzuuGAN ROAD 10) Size of lot/parcel in question: 0.98 11) Present use ofthe property: VACANT COMMERCIAL 12) Describe the proposed use ofthe property: COMMERCIAL /RETAIL 6, 100 S.F. retail/restaurant building with additional parking, drainage, and utility infrastructure N/A1� |e�pmpe��dRenter occupied _Other 14) Are there any reothntioms, lavvs, covenento, warionoea, special uaeo, 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. Restriction Agreement andomu of Easements uatedu5//7/znn* as z #200*00022526 15) Has work for which this application isbeing filed already started? Ifanswer isyes, give details: Building Permit Number: N/A 18) Kproposed appeal isgranted, when will the work commence? SPRING 2020 17) If the proposed variance is granted, who will operate end/or use the proposed improvement for which this application has been filed? VALVDLQNEINSTANT OIL CHANGE NOTE: LEGAL NOTICE shall bepublished inthe newspaper according to the Chart on Page 5 eMANDATORY 20 days prior to the pudic 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 yWANDATORY, two methods ofnotice are recommended: 1) FIRST CLASS MAIL with CERTIFICATE OF 01A|L114G 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 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 assi-qned until all supporting information has been submitted to the Denartment of Commianitv SP-rvirP---Q- Applicant Signature: Date: V? -,�/ / 9 The has-been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. Page 2m1u Filename: Development Standards Variance 2017 Rewsed12/20/2010 STATt Or- wmm m Or F�W—�ct (County in ftwe me the urKjW$.V wN th notar,:j�41�n� kes� nod, a W&ty pdglc for wAy. Slate of Ind (k)U -ore, pemorwaly appeared and 3'ckrKw*.*c the execoon of the fo"t AO dav of 21D Notary PiNir---1,;kiirwture Xly sum Nowyputk SFAI Hamftr' c0aw sw of ftf" A 'Notary PW;r#fvd IC-7.1 Pww 3of 12 D*vv#vv M.M. suff*)O*-� v*'nw%e;mI'r EXHIBIT A LAND DESCRIPTION LOT 1A OF SECONDARY PLAT, A REPLAT OF NORTH AUGUSTA, SECTION 1, LOTS 1-3, & WEST CARMEL MARKETPLACE, PART OF BLOCK H. CARMEL, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, ACCORDING TO THE PLAT THEREOF RECORDED MAY 7, 2014 AS INSTRUMENT NO. 2014016689 IN PLAT CABINET 5, SLIDE 205 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.