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Home My WebLink AboutApplication UV Page 1 of 12 Filename: use variance application & instructions 2020 Rev. 1/2/2020 CARMEL BOARD OF ZONING APPEALS USE VARIANCE APPLICATION Filing Fee: $1,878 plus $147 per acre DOCKET NO. ________________________________ DATE RECEIVED:_______________________________ 1) Applicant: ______________________________________________________________________________ Address: _______________________________________________________________________________ 2) Project Name: _________________________________________ Phone: ____________________________ Engineer/Architect: _____________________________________ Phone: ____________________________ Attorney: _____________________________________________ Phone: ____________________________ Contact Person:_________________________________________Phone:____________________________ Email:_________________________________________________Fax:______________________________ ProjectDox Contact Person:__________________________________________Phone:__________________ Email:_________________________________________________Fax:______________________________ 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 subject property: ____________________________________________________ Legal description: ________________________________________________________________________ Tax ID Parcel No.: _____________________________________________________________________ 7) Explanation of requested Use 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 appeal). 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). 9) Present zoning classification of the property: _______________________________________________ 9a) Zoning Overlay (if applicable): __________________________________________________________ Office Use Only Page 2 of 12 Filename: use variance application & instructions 2020 Rev. 1/2/2020 10) Present use of the property: _______________________________________________________________ 11) Size of lot/parcel in question: _______________________________________________________acres/sq. ft. 12) Describe proposed use of the 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, 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 appeal 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 a MANDATORY twenty (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 7. 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: use variance application & instructions 2020 Rev. 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: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. ______________________________________ (Signature of Petitioner) 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_________. (day) (month) (year) _______________________________________ Notary Public--Signature (SEAL) ________________________________________ Notary Public--Please Print My commission expires: __________________________________________ Page 11 of 12 Filename: use variance application & instructions 2020 Rev. 1/2/2020 FINDINGS OF FACT - USE VARIANCE CARMEL BOARD OF ZONING APPEALS (Petitioner to fill out first 1-5 + first 2 blanks) Docket No.: ____________________________________________________ Petitioner: ____________________________________________________ 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the Unified Development Ordinance will result in unnecessary hardship because: _______________________________________________________________________________________ _______________________________________________________________________________________ 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: _______________________________________________________________________________________ _______________________________________________________________________________________ 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: _______________________________________________________________________________________ _______________________________________________________________________________________ 4. The need for the variance arises from a natural condition peculiar to the subject property because: _______________________________________________________________________________________ _______________________________________________________________________________________ 5. The granting of this variance does not substantially interfere with the Carmel Comprehensive Plan because: _______________________________________________________________________________________ _______________________________________________________________________________________ DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use 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. 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 - USE VARIANCE Docket Number: _________________________ Petitioner: Adams & French Property, LLC Requested Variance: Use Variance from UDO, Section 3.66 Range Line Road Overlay (RL-OL), Storage and/or Warehousing, Indoor FINDINGS OF FACT 1. The grant of this variance will not be contrary to the public interest, due to the existence of special conditions such that the enforcement of the Unified Development Ordinance will result in unnecessary hardship because: The Applicant desires to demolish an old and outdated building that has been utilized for indoor self storage since approximately the mid-1980’s. While the current Industrial (I-1) zoning classification of the subject site permits indoor storage, the site is located in the Range Line Overlay which prohibits Storage and/or Warehousing, Indoor. However, today the use continues to operate under its pre-existing, legal non-conforming status. While 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. The special conditions that pose an unnecessary hardship relate to the fact that the existing building has operated as a self storage use for over 35 years; and, while the applicant desires to build a new building it 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. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: In addition to the reasons set forth in Paragraph #1 above, the approval of the requested Use Variance will not be injurious to the public health, safety, morals and general welfare of the community because the requested Use Variance would allow the same use, indoor self storage, that has already existed on the subject site since the mid-1980’s. Granting the Use 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. Further, unlike the existing building, the new building will meet the architectural standards of the Range Line Road Overlay. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: In addition to the reasons set forth in Paragraph #1 and #2 above, the use and value of the area adjacent to the real estate that is the subject of the requested Use Variance will not be affected in a substantially adverse manner because the self storage use, the use that has existing on the subject site since the mid-1980’s, will continue to exist. Granting the Use Variance request will allow the applicant to build a new building that will meet the architectural standards of the Range Line Road Overlay be more compatible, consistent and complimentary to the other commercial and industrial buildings in the surrounding area. 4. The need for the variance arises from a natural condition peculiar to the subject property because: While the current Industrial (I-1) zoning classification of the subject site permits indoor storage and subject site and building have been used for self storage since the mid-1980’s, the site is located in the Range Line Overlay that was adopted in the mid-2000’s. The use exists due to its pre-existing, legal non-conforming status. As a result, in order for the Applicant to be permitted to construct a new building that will (i) meet the architectural standards of the Range Line Road Overlay and (ii) be more compatible, consistent and complimentary to the other commercial buildings in the surrounding area, it requires Use Variance approval. 5. The granting of this variance does not substantially interfere with the Carmel Comprehensive Plan because: The area that surrounds the subject site includes other industrial and commercial uses. The new building to be constructed will meet the architectural standards of the Range Line Road Overlay and will be a desirable upgrade to the building that currently exists on the subject site. Approval of the Use Variance will allow an enhancement that will be compatible, consistent and complimentary with other commercial buildings in the surrounding area. 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