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HomeMy WebLinkAboutApplication_Landscape VarianceCARMEL 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) 3) 4) 5) 6) Office Use Only DATE RECEIVED: Applicant: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel Address: 1 Oakbrook Terrace, Suite 600, Oakbrook, IL 60181 Project Name: Napleton Kia of Carmel Phone: (630) 417-6460 Phone: Engineer/Architect: American Structurepo int/Balay Architects, Inc. (317) 547-5580 and (317) 219-6615 Attorney: Nelson & Frankenberger, LLC Phone: (317) 844-0106 Contact Person: Jim Shinaver and Jon Dobosiewicz Phone: (317) 844-0106 Email:jims@nf-law.com and jon@nf-law.com Applicant's Status: (Check the appropriate response) ❑ (a) The applicant's name is on the deed to the property (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: DYC Realty, LLC Owner's address: 7399 Shadeland Avenue, #166, Indianapolis, IN 46250 Phon Record of Ownership: Deed Book No./Instrument No. 2006-48540 Recorded 8/17/2006 Page: Purchase date: 8/17/2006 Common address of the property involved: 96th Street and Randall Drive Legal Description: +/- 3.74 acres (see attached for legal description) Tax Parcel ID No.:16-14-08-00-05-004.000 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.) See Ex. D Explanation of Request 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"). See Ex. D Explanation of Request Page 1 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19 9) 9a) Zoning district classification of property: BB=3 Overlay Zone of property (if applicable): NA 10) Size of lot/parcel in question: +/- 3.74 acres acres/sq.ft. 11) 12) Present use of property: unimproved Describe proposed use of property: Automobile dealership 13) Is the property: Owner occupied _� Renter occupied Other vacant 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. BZA Commitment Amendment Approval granted 6/24/19 Docket No. 19050005 CA and PC DP/ADLS Approval granted 8/20/19 Docket No. 19050013 DP/ADLS 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: NA Builder: NA 16) If proposed appeal is granted, when will the work commence? Upon approval of construction plans. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Napleton Carmel Imports, LLC dba Napleton Kia of Carmel 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) 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 applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: 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 and/or the legal advice of his/her attorney. Page 2 of 12 Filename: development standards variance application & instructions 2019 Revised 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 County of for Signed Name: (Property Owner, Attorney, or Power of Attorney) Printed Name: SS: (County in which notarization takes place) (Notary Public's county of residence) (Property Owner, Attorney, or Power of Attorney) this day of (SEAL) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Public —Printed Name My commission expires: Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19 EXHIBIT "A" Contact Information for DYC Realty, LLC Parcel 1. Parcel Number and Owner: 16-14-08-00-05-004.000 DYC Realty, LLC 7399 Shadeland Avenue, #166 Indianapolis, IN 46250 2. Applicant: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel c/o Katie Napleton, Real Estate Manager 1 Oakbrook Terrace, Suite 600 Oakbrook Terrace, IL 60181 Phone: (630) 417-6460 Email: katie@napleton.com 3. Attorney/ Land Use Professional: Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 Phone: (317) 844-0106 Fax: (317) 846-8782 Email: jims@nf-law.com Email: jon@nf-law.com 4. Engineer: American Structurepoint Brad Schrage, PE, LEED AP Project Manager 7260 Shadeland Station Indianapolis, IN 46256 Phone: (317) 547-5580 Email: BSchrage@structurepoint.com 5. Architect: Balay Architects, Inc. Michael E. Balay, RA, NCARB PO Box 847 Fishers, IN 46038 Phone: (317) 219-6615 Email: mike@balayarchitects.com EXHIBIT "B" NAPLETON'S APPLICANT CONSENT TO AND JOINDER IN APPLICATION The undersigned, Napleton Carmel Imports, LLC dba Napleton Kia of Carmel ("Napleton"), is the Applicant as it relates to a parcel of real estate that is identified per the records of the Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Number 16-14-08-00-05-004.000 (the "Real Estate"), in the filing of applications pertaining to the Real Estate with the City of Carmel Plan Commission for Development Plan and Architectural Design, Lighting, Landscaping and Signage approval and the City of Carmel Board of Zoning Appeals for Commitment Amendment approval (collectively, the "Application"). In addition, if Napleton determines that any other approvals may be required or deemed necessary (collectively the "Other Approvals"), the foregoing Consent and Joinder in Application shall apply to any Other Approvals sought by Napleton pertaining to the development of the Real Estate, Further, Napleton authorizes its employees, engineers, land planners, attorneys, attorneys' employees and agents, as follows: 1. To file Application with respect to the Real Estate; 2. To pursue the approval of the Application and Other Approvals, as such may be required; and, 3. To act on behalf of the Napleton with regard to the Application and Other Approvals "Applicant" Napleton Carmel Imports, LLC dba Napleton Kia of Carmel By: Name: Title: Date: t C STATE OF COUNTY OF SS: C. C) .. ) OFFICIAL. SEAL. DEANA J ?AYED NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES:03/22/21 Before e the undersigned, a Notary Public, in and for said County and State, personally appeared ��1Iur�Clal `lrZ� (name), as (title) on behalf of Napleton Carmel Imports, LLC dba Napleton Kia of Carmel, as the Applicant and acknowledged the execution of the foregoing Applicant's Consent and Joinder in Applications. WITNESS my hand and Notarial Seal this ` day of j`\"tL/ Ui , 2019. Notary Public J My Commission Expires: C ✓� Printed Name County of Residence: EXHIBIT "C" DYC REALTY LLC's OWNER'S CONSENT TO AND JOINDER IN APPLICATION The undersigned, DYC Realty, LLC ("DYC") is the Owner as it relates to the parcel of real estate that is identified per the records of the Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Number 16-14- 08-00-05-004.000 (the "Real Estate"), and it hereby consents to, authorizes and joins in the filing of applications by Napleton Carmel Imports, LLC dba Napleton Kia of Carmel ("Napleton") with the City of Cannel Plan Commission for Development Plan and Architectural Design, Lighting, Landscaping and Signage approval and the City of Carmel Board of Zoning Appeals for Commitment Amendment approval pertaining to the Real Est to (collectively, the "Application"), In addition, if Napleton determines that other approvals may be required or deemel necessary (collectively the, "Other Approvals"), the foregoing Consent and Joinder in Application shall apply to the Application and for any Other Approvals sought by Napleton pertaining to the development of the Real Estate. DYC.'also authorizes Napleton and Napleton's employees, engineers, land planners, attorneys, attorneys' employees and agents, as Follows: To file with the Application with respect to the Real Estate; 2. To pursue the approval of the Application and Other Approvals, as such may be determined by Napleton; and, To act on behalf of DYC with regard to the Application and Other Approvals. "Owner" Realty, LLC t C By. Name, 6r, mm Title: P1.1AV- 1�,� C��1QCC� Date: $ lotU _ 9 KYLE PAUL WHITESELL STATE OFF �J l 1'� /y Notary Public -Seal ) State of Indiana SS: Marion County COUNTY OF )Lrmi ) My Commission Expires Dec 3, 2021 rimy m Before me the undersigned, a Notary Public, in and for said County and State, personally appeared (?[-L�C j',* - (name), as Gei-E a,P t:"p, (title) on behalf of DYC Realty, LLC as the Owner of the Real Estate identified above, and acknowledged the execution of the foregoing Owner's Consent and Joinder in Applications. WITNESS my hand and Notarial Seal this day of 0 ry?ublic M Commission Expires: �e C 05t2OZA PLO( Q U Printed Name County of Residence: �� �1 xo Exhibit "D" LANDSCAPE VARIANCE AND PROJECT DESCRIPTION Napleton Kia of Carmel is the Applicant ("Napleton") and is the contract purchaser of a parcel of real estate owned by DYC Realty, LLC, which parcel is approximately 3.74 acres, located generally northeast of the intersection of Randall Drive and 96t"' Street and depicted on the enclosed site aerial exhibit (collectively, the "Real Estate"). The Real Estate is zoned B-3 Business pursuant to the City of Carmel's Unified Development Ordinance. Napleton previously obtained approval of an ADLS/DP request under Docket Number 19050013 DP/ADLS related to their Kia of Carmel automobile dealership ("Kia Dealership"). Napleton has filed a development standards variance request, under Docket Number 19090009 V, related to landscaping for the Kia Dealership. Specifically, Napleton is requesting a variance from UDO Section 5.19.17.1 to reduce the number of tree plantings in the west and south perimeter yards due to existing utility easements in those perimeter yards. CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 19090009V Petitioner: Napleton Cannel Imports, LLC dba Napleton Kia of Carmel Request: UDO Section 5.19 (F) (1) Perimeter Landscaping; Permitted to reduce the number of required plantings in the west and south perimeter bufferyards due to existence of utility easements in these bufferyards. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variance will not be injurious to the public health safety, morals and general welfare of the community because, despite the variance being requested the proposed landscape plan complies with all other UDO planting and landscaping requirements and has been reviewed and approved by the Urban Forester. Further, the landscape plan for the Real Estate will provide appropriate and attractive landscaping for the Real Estate. 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: The use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because, despite the variance being requested the proposed landscape plan complies with all other UDO planting and landscaping requirements and has been reviewed and approved by the Urban Forester. Further, the landscape plan for the Real Estate will provide appropriate and attractive landscaping for the Real Estate. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because the existing utility easements in the west and south bufferyards prohibit the planting of certain types of landscape material (i.e.: trees) and absent the variance, the Applicant will be unable to develop its site as proposed. Further, the Applicant is only seeking a limited landscape variance. Despite the variance being requested, the proposed landscape plan complies with all other UDO planting and landscaping requirements and has been reviewed and approved by the Urban Forester. The landscape plan for the Real Estate will provide appropriate and attractive landscaping for the Real Estate. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 19090008V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this 28t1' day of October, 2019. BOARD OF APPEALS MEMBER, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).