Loading...
HomeMy WebLinkAboutApplication DSV 2 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): 3) reduce additional right-of-way dedication to 0’ (120’ (60’ half) required) [Sec. 7.25.H.] 4) reduce sign setback to existing (5’ from right-of-way required) [Sec. 5.39.E.8.] 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"). 146th Street, a Hamilton County jurisdictional street and not a City of Carmel thoroughfare, was reconstructed between 2000 and 2004, at which time, Hamilton County acquired a complete right-of-way from all abutting real estate owners in order to construct the existing street cross-section. The County does not anticipate additional right-of-way needs along this section of 146th Street, therefore, no such dedication to the County is required. Without additional right-of-way dedication, a sign setback variance is unnecessary. 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’ right-of-way dedication (146th Street) 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’ right-of-way dedication (146th Street) 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 146th Street, a Hamilton County facility, was reconstructed between 2000 and 2004, at which time the requisite additional right-of-way to construct the current cross-section was acquired. While the Hamilton County recommended right-of-way for 146th Street is 150’, the plan is notated with language stating that the right-of-way “may be reduced in an urban context”, which describes how the area around the site has developed over time. Hamilton County holds jurisdiction over 146th Street. (Carmel’s Thoroughfare Plan recommends a right-of-way width for 146th Street of 120’.) 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 146th Street was reconstructed between 2000 and 2004, at which time the requisite additional right-of- way to construct the current cross-section was acquired from all abutting real estate owners. 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 there are no County plans to further widen 146th Street in this area, and practical difficulties in setbacks for an existing sign and existing building would result if additional right-of-way were to be required. 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: Sign setback from right-of-way (146th Street) 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: Sign setback from right-of-way (146th Street) 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 existing sign was placed after the reconstruction of 146th Street and the establishment of the current right-of-way for that reconstruction. (This variance becomes unnecessary if additional right-of-way is not required to be dedicated.) 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 sign location will not be shifted closer to the drive lanes of 146th Street or the vision clearance triangle at the business driveway intersection with 146th Street. 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 sign is currently zoning compliant (based on existing right-of-way) and may need to be relocated if additional right-of-way dedication is required. 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).