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Home My WebLink AboutApplication UV Page 1 of 5 CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR USE VARIANCE FEE: $1,878.00 plus $147.00 per acre DOCKET NO. DATE RECEIVED 1) Applicant: Salsbery Brothers Landscaping, Inc. Address: 4317 East 146th Street, Carmel, IN 46033 2) Project Name: Salsbery Brothers Landscaping partial redevelopment Project Manager: Jeff Salsbery, Cory Whistler Phone: 317-843-0100 Engineer/Architect: Phone: Attorney and Contact Person: Paul G. Reis or Kevin G. Buchheit Krieg DeVault LLP Phone: 317-238-6293 317-808-5820 Email: preis@kdlegal.com or kbuchheit@kdlegal.com 3) Applicant's Status: (Check the appropriate response) X (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: Owner’s Phone: 5) Record of Ownership: Deed Book No./Instrument No.: 2002-8920 Page: Purchase date: 01/31/2002 6) Common address of the property involved: 4305 & 4317 East 146th Street, Carmel, IN 46033 Legal description: See attached Exhibit "A" Tax Map Parcel No.: 17-10-20-00-00-008.003; 17-10-20-00-00-008.103; 17-10-20-00-00-008.203 7) State explanation of requested Use 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). The proposal is to raze an existing building and replace it with a larger building over the area of the existing footprint. [Art. 2, Sec. 2.07] 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). The existing use is an approved use for the site, the proposed replacement building will be constructed over an existing building footprint and is necessary to support the continuing success of the business, and the expanded building will generally be unnoticed by neighbors due to its location on the site and it will not negatively impact area property values. 9) Present zoning of the property (give exact classification): R-1 Residence District (no overlay district) 10) Size of lot/parcel in question: 9.50 acres +/- Page 2 of 5 11) Present use of the property: Salsbery Brothers Landscaping 12) Describe the proposed use of the property: Continuation of the existing approved use. 13) Is the property: Owner occupied X 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. V-9-84; UV-3-93; V-9-93; 09090001 UV 15) Has work for which this application is being filed already started? If answer is yes, give details: No. Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? Immediately. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Owner/operator. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant’s Attorney Signature: ___________________________ Paul G. Reis, Attorney for Salsbery Brothers Landscaping Inc. Page 3 of 5 AFFIDAVIT I, hereby swear that I am the attorney for the applicant involved in this application and that the foregoing 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed Paul G. Reis Date Attorney for Salsbery Brothers Landscaping Inc. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis and acknowledged the execution of the foregoing instrument this ____ day of _______________________, 20__. Notary Public Printed My Commission Expires: My County of Residence: Page 4 of 5 CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Use variance amendment, replacement of one building FINDINGS OF FACT – USE VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 2. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 3. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 4. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 5. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ DATED THIS DAY OF , 20 . ________________________________________________ __ Board Member Page 5 of 5 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: ________________________ Petitioner: _Salsbery Brothers Landscaping, Inc.__________ Variance: _ Use variance amendment, replacement of one building _ FINDINGS OF FACT – USE VARIANCE 1. The approval of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The existing approved use for this site includes a building that needs to be replaced and enlarged in support of the approved business, to not replace the building would be detrimental to the continuing success of the business, and there will be no increased impact in the use of the site. 2. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed replacement building will be constructed in the same location on the grounds of the business, the impact of which will likely go unnoticed by neighbors, and there will be no increased impact in the use of the site. 3. 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: Other than the enlargement of an existing building footprint, the impact of site use at the approved business will not be increased, and, therefore, will not adversely impact area property values. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The existing use is an approved use for this site, an existing building needs to be replaced with a larger building in support of continuing success of the business, and there will be no increased impact in the use of the site. 5. The approval of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: It represents a reasonable continuation of a long-established, existing approved use, whose impact on the site will not be increased. 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 the Board are listed on the back. (Petitioner or his representative to sign).