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HomeMy WebLinkAboutApplication DSV Page 1 of 7 CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEE: 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. OR see Hearing Officer Fees 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: 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 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). In conjunction with replacing an existing building with a larger building in the existing footprint area (use variance amendment filed): 1) reduce east perimeter bufferyard to 0’ (30’ required) [Sec. 5.19] 2) maintain existing gravel surface parking and drive areas (hard surface required) [Sec. 5.28.E.] Page 2 of 7 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Site impact of the enlarged building is minimal while there is no impact in the use of the site; the adjacent property to the east is a vacant, overgrown, nearly 14-acre site with an abandoned dwelling; the area of site impact is minimal and far removed from 146th Street and adjoining uses; bufferyard landscaping along the east property line would adversely impact and restrict efficient vehicular mobility on the site; maintaining the existing pervious surface areas on the site works to minimize storm water impacts downstream from the stie and minimizes the amount of area needed for storm water purposes that are currently holding landscaping stock plants. 9) Present zoning of the property (give exact classification): R-1 Residence District (no overlay district) 10) Size of lot/parcel in question: 9.5 acres +/- 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: ____________________________________________________ By: Paul G. Reis, Attorney for Salsbery Brothers Landscaping Inc. Page 3 of 7 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: KD_6867502_3.docx Page 4 of 7 CARMEL BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: Salsbery Brothers Landscaping, Inc. Variance: 0’ Perimeter Bufferyard (east) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 2. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 3. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ DATED THIS DAY OF , 20____. ________________________________________________ __ Board Member Page 5 of 7 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: ________________________ Petitioner: Salsbery Brothers Landscaping, Inc. Variance: 0’ Perimeter Bufferyard (east) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The adjacent property to the east is a vacant, overgrown, nearly 14-acre site with an abandoned dwelling, there are no other residential dwellings proximate to the propose building site, the proposed building is far removed (south) from East 146th Street and approval of the variance will not adversely impact existing, adjacent uses. 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 proposed building will be located over the existing building footprint and its increased mass will not adversely impact any existing, adjacent dwellings or other uses. 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: The new building is required for continued successful business operations of the approved use and a perimeter bufferyard would adversely impact and restrict efficient vehicular mobility on the site. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards 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). Page 6 of 7 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: Salsbery Brothers Landscaping, Inc. Variance: No hot mix asphalt or concrete surface FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 2. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ 3. ________________________________________________________________________________________ _ ________________________________________________________________________________________ _ DATED THIS DAY OF , 20___. ________________________________________________ __ Board Member Page 7 of 7 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: ________________________ Petitioner: Salsbery Brothers Landscaping, Inc. Variance: No hot mix asphalt or concrete surface FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The area of the new building is not accessible by or open to the public, is far removed from nearby dwellings and adjacent streets and most of the site is currently unpaved and pervious, which minimizes storm water runoff to areas beyond the site. 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: Maintaining unpaved and pervious surfaces on the site minimizes storm water runoff, thereby protecting downflow properties from increased drainage impacts associated with hard, impervious surfaces. 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: Adding hard, impervious surface area to the site may cause the need for a significant storm water collection area, thereby reducing pervious area currently assigned to plant stock and adversely impacting business operations. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards 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/Clay Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).