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Home My WebLink AboutApplication DSVPage 1 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 CARMEL BOARD OF ZONING APPEALS DEVELOPMENT STANDARDS VARIANCE APPLICATION FILING FEES: Single Family (Primary Residence) $359.00 for the first variance, plus $107.00 for each additional section of the ordinance being varied. All Other $1,431.00 for the first variance, plus $674.00 for each additional section of the ordinance being varied. DOCKET NO. ________________________________ DATE RECEIVED:_______________________________ 1)Applicant: _____________________________________________________________________________ Address: _____________________________________________________________________________ 2)Project Name: __________________________________________ Phone: ________________________ Engineer/Architect:______________________________________ Phone: _________________________ Attorney:_______________________________________________ Phone: ________________________ Contact Person:__________________________________________Phone:________________________ Email:_______________________________________________________________________________ ProjectDox Contact Person:__________________________________Phone:______________________ Email:_______________________________________________________________________________ 3)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: __________________________________________________ 4)If Item 3) (c) is checked, please complete the following: Owner of the property involved: __________________________________________________________ Owner's address: __________________________________________ Phone:_____________________ 5)Record of Ownership: Deed Book No./Instrument No.___________________________________________ Page: ______________________ Purchase date: _____________________________________________ 6)Common address of the property involved: ___________________________________________________ Legal Description: ______________________________________________________________________ Tax Parcel ID No.:__________________________________________________________________ 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.) 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"). Office Use Only Page 2 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 9)Zoning district classification of property: _________________________________________________ 9a) Overlay Zone of property (if applicable):___________________________________________________ 10)Size of lot/parcel in question: ____________________________________________________acres/sq.ft. 11)Present use of property: ______________________________________________________________ 12) Describe proposed use of property: __________________________________________________ _____________________________________________________________________________________ 13)Is the property: Owner occupied __________ 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. ________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 15)Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: _________________________________________________________________ Builder: ______________________________________________________________________________ 16)If proposed appeal is granted, when will the work commence? _____________________________________________________________________________________ 17)If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? _____________________________________________________________________________________ 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 Dept. of Community Services are advisory only and that the applicant should rely on appropriate Unified Development Ordinance standards and/or the legal advice of his/her attorney. Page 3 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 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. Signed Name: ________________________________________ (Property Owner, Attorney, or Power of Attorney) Printed Name: _______________________________________ STATE OF INDIANA SS: County of ________________________________________________ Before me the undersigned, a Notary Public (County in which notarization takes place) for __________________________________________ County, State of Indiana, personally appeared (Notary Public's county of residence) ____________________________________________ and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this ____________ day of ___________________________________, 20________ _________________________________________ Notary Public--Signature (SEAL) _________________________________________ Notary Public—Printed Name My commission expires: _________________________________ Page 10 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No.: ______________________________________________ Petitioner: ______________________________________________ 1. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 2. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. _________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DATED THIS ________________ DAY OF ______________________________________, 20 ___________. ______________________________________________ Board Member EXHIBIT “A” (Contact Information) 1. Parcel Number 16-09-36-04-02-002.000 and Owner: Storage Depot Carmel, LLC 9000 Keystone Crossing, Suite 660 Indianapolis, IN 46240 2. Applicant: Adams & French Property, LLC Jim Adams 9000 Keystone Crossing, Suite 660 Indianapolis, IN 46240 Phone: (317) 773-6400 Email: jadams@filcoltd.com 3. Attorney and Jim Shinaver, Attorney Land Use Professional: Jon Dobosiewicz, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 Phone: (317) 844-0106 Email: jims@nf-law.com Email: jon@nf-law.com 4. Engineer: Weihe Engineers, Inc. Brad Schoeff 10505 N. College Avenue Indianapolis, Indiana 46280 Phone: 317-846-6611 Email: schoeffb@weihe.net 5. Architect: Axis Architecture. Geoff DeSmit, AIA, LEED 618 East Market Street Indianapolis, IN 46202 Phone (317) 264-8162 Email: gdesmit@axisarch.com EXHIBIT “D” Project Description - Extra Space Storage – 155 W. Carmel Drive The applicant, Adams & French Property, LLC (“Adams French), has filed applications for Use Variance, Development Standards Variance, ADLS and Development Plan approval pertaining to the property located at 155 W. Carmel Drive, Carmel, IN 46032, which consists of approximately .91 acres (the “Real Estate”). The Real Estate is zoned I-1 Industrial and is located within the Range Line Road Overlay. Since approximately the mid-1980’s a self storage building and use have operated on the Real Estate. Adams French desires to demolish the existing building and replace it with a new building that will continue to operate as a self storage use including a small office component for the business. The new building would be 3 stories, in height and approximately 59,000 square feet in area with exterior materials including masonry, metal panel, and glass. Since the Real Estate is located within the Range Line Overlay the proposed building design complies with Range Line Road Overlay’s construction standards. In order for Adams French to redevelopment the Real Estate, it requires the following approvals: 1. Use Variance Approval: While the current Industrial (I-1) zoning classification of the subject site permits Storage and/or Warehousing, Indoor, the site is located in the Range Line Overlay which prohibits this use. However, the existing storage building was constructed in the mid-1980’s and continues to operate under its pre-existing, legal non-conforming status. The existing building does not meet the architectural standards of the Range Line Road Overlay. The new building will replace the existing building and include an architectural design which meets the architectural requirements of the Range Line Road Overlay. Further, the new building would be used for same purpose as the existing building (Storage and /or Warehousing, Indoor) which includes a small office component for the business. However, this requires Use Variance approval by the Board of Zoning Appeals. The properties that surround the subject site are zoned industrial, business and commercial and were developed after the original self storage facility which was constructed in the mid-1980’s. Granting of the Use Variance request will allow construction of a new building that (i) will meet the architectural standards of the Range Line Road Overlay and (ii) be more architecturally compatible, consistent and complimentary to other commercial buildings in the surrounding area. 2. Development Standards Variance: Due to unique site conditions, Adams French is seeking Development Standards Variance approval from Section 3.75 (landscape standards) and Section 3.79 (parking bufferyard standards) of the of the UDO, Range Line Road Overlay District pertaining to the east perimeter of the site adjacent to the existing drive aisle that serves the site. 3. Architecture, Landscaping, Lighting and Signage (ADLS): Adams French is seeking ADLS approval and enclosed with the application submittals are all relevant architectural and side development plans and exhibits. 4. Development Plan (DP): Adams French is seeking DP approval and enclosed with the application submittals are all relevant plans and exhibits related to the DP request. In summary, redevelopment of the Real Estate will allow for a desirable enhancement to the building that exists on the subject site today. The newly constructed building will meet the architectural standards of the Range Line Road Overlay and will be much more architecturally compatible, consistent and complimentary to the other commercial buildings in the surrounding area. Further, since the Storage and/or Warehousing, Indoor use has existed on the Real Estate since the mid-1980’s, continuing to allow it to exist should not result in any adverse impact on surrounding properties. CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT ST ANDARDS VARIANCE Requested Variance: The Applicant is seeking variances from Section 3.75 (landscape standards) and Section 3.79 (parking bufferyard standards) of the Unified Development Ordinance, Range Line Road Overlay District (collectively, the “Variances”). FINDINGS OF FACT The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1. The approval of the requested Variances will not be injurious to the public health, safety, morals and general welfare of the community as granting the Variance request will allow the Applicant to build a new building that will be more compatible, consistent and complimentary to the other commercial buildings that exist in the surrounding area and which are subject to the Overlay standards. Further, unlike the existing building, the new building will meet the architectural standards of the Range Line Road Overlay. 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 will not be affected in a substantially adverse manner because approval of the variance would permit the existing drive aisle to remain in its current existing location. The granting of the Variances will not have a substantially adverse impact on the area adjacent to the site as the site conditions exists today. 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: There are unique site conditions that result in practical difficulties complying with Section 3.75 (landscape standards) and Section 3.79 (parking bufferyard standards) of the of the Unified Development Ordinance, Range Line Road Overlay in combination with other Standards of the Overlay District regarding building and site layout making the requested Variances necessary to redevelop the site. Legal Description PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS (ASSUMED BEARING) ON AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 938.15 FEE T TO THE SOUTH RIGHT OF WAY LINE OF CARMEL DRIVE; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ON AND ALONG SAID RIGHT OF WAY LINE 771.43 FEET TO THE POINT OF CURVATURE OF A CURVE WITH A RADIUS OF 561.07 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 00 DEGREES 00 MINUTES 00 SECONDS FROM SAID POINT OF CURVATURE; THENCE WESTERLY ON AND ALONG SAID CURVE 25.96 FEET TO A POINT WHICH BEARS SOUTH 02 DEGREES 39 MINUTES 03 SECONDS WEST FROM THE RADIUS POINT OF SAID CURVE, SAID POINT ALSO BEING THE PLACE OF BEGINNING OF THIS TRACT; THENCE WESTERLY ON AND ALONG SAID CURVE 98.96 FEET TO A POINT WHICH BEARS SOUTH 12 DEGREES 45 MINUTES 24 SECONDS WEST FROM THE RADIUS POINT OF SAID CURVE; THENCE SOUTH 00 DEGREES 45 MINUTES 10 SECONDS WEST 411.64 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 24 SECONDS EAST 98.11 FEET; THENCE NORTH 00 DEGREES 45 MINUTES 10 SECONDS EAST 398.63 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.909 ACRES, MORE OR LESS. Extra Space Storage Site Location Map / Aerial Photograph Rangeline RoadNORTHSITECarmel Drive