HomeMy WebLinkAboutVOWC 2020 Variance Request 06-12-20Page 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: _________________________________
EXHIBIT “A”
Contact Information
1. Owner and Applicant: 17-09-29-00-20-002.000
Brenwick TND Communities, LLC
c/o Tom Huston
12775 Horseferry Road, Suite 230
Carmel, In. 46032
Phone: (317) 574-3400
Email: tomh@brenwick.com
2. Attorney/ Jim, Shinaver, Attorney
Land Use Professional: Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger, LLC
550 Congressional Blvd., Suite 210
Carmel, IN 46032
Phone: 317-844-0106
Fax: 317-846-8782
Email: jims@nf-law.com
Email: jon@nf-law.com
EXHIBIT “C”
Project Description – Village of West Clay Family Express
The applicant, Brenwick TND Communities, LLC, (“Brenwick”) has filed application for Variance
approvals pertaining to the property located at the southwest corner of Harleston Street and Towne Road, which
consists of approximately 1.5 acres (the “Real Estate”) and is outlined in yellow on the attached aerial exhibit.
The Real Estate is zoned per the terms of the Peripheral Retail Area of the WestClay Village PUD (Ordinance Z-
330 as amended).
The requested variances are a request to vary certain provisions of the WestClay Village PUD to permit a
convenience store with fuel sales on the subject parcel which is within the Peripheral Retail Area of the WestClay
Village PUD. The requested approvals will allow the application of the noted standards in a manner consistent
with the subject standards application to other properties and uses which exist today within the Peripheral Retail
Area and allows for the completion of development of the subject District in a manner consistent with surrounding
blocks and uses.
The proposed site layout and elevations are illustrated on the attached plans. In order for Brenwick to
development the Real Estate under the proposed layout, the Department of Community Services has identified
the following necessary variance approvals from the WestClay Village PUD:
1. Section 8.11 (Peripheral Retail Area Design Guidelines): Brenwick is seeking Development Standards
Variance approval to permit a convenience store with gas sales in a manner consistent with the attached
site plan and building elevations which are subject to the Peripheral Retail Area Design Guidelines and
by reference the Village of West Clay Building Guidelines and Requirements for Commercial
Construction.
2. Section 15.8.1.D (build to line): Section 15.8.1.D requires all commercial uses in the Peripheral Retail
Area to adhere to a 10 foot build-to-line unless otherwise indicated on an approved final plat of in another
recorded instrument. Brenwick will indicate a build-to-line in the appropriate location on the recorded
secondary plan for the subject Real Estate once the final site plan is prepared.
3. Section 15.11 (Accessory Buildings): Section 15.11 indicates that accessory buildings, the fuel pump
canopy in this case, may be located in the rear yard and in the side yard behind the rear façade of the
principal structure. Brenwick is seeking to locate the fuel pump canopy in the front yard along Harleston
Street rather than the rear yard (south side of the Real Estate) for greater sensitivity to surrounding
residential properties to the south of the Real Estate.
4. Section 16.17.A & Section 16.17.D.5 (vehicle stacking): Section 16.17.A and Section 16.17.D.5 require
vehicle stacking to be confined to the sides and rear of the parcel and for gas pump islands to provide 3
stacking spaces measured from the pump island. Like the fuel pump canopy described above Brenwick
requests the stacking at the pumps to be located in the front yard and for each pump island to accommodate
3 vehicle stacking spaces including a vehicle parked at the pump and one vehicle that may stack either
side of the vehicle parked at the pump.
In summary, development of the Real Estate, as requested, will allow for a desirable enhancement to
Peripheral Retail Area and a use long anticipated within the Village to be developed in a manner (i) sensitive to
surrounding residential properties (ii) supported by surrounding owners and Village residents. The design will be
architecturally compatible with the Commercial Building Guidelines adopted by the Village, consistent and
complimentary to the other commercial buildings in the surrounding area and an asset to the community. Further,
approval of the variances will serve to allow the proposed use to exist in a manner that will 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 8.11 (Peripheral Retail
Area Design Guidelines), Section 15.8.1.D (build to line), Section 15.11
(Accessory Buildings), and Section 16.17.A and 16.17.D.5 (vehicle
stacking) of the WestClay Village PUD (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 convenience store with gas sales that
will be more compatible, consistent and complimentary to the other commercial
buildings that exist in the Peripheral Retail Area and which are subject to the same
development standards. Further, the new building will meet the architectural
standards of the applicable Building Guidelines and Requirements for Commercial
Construction in a manner (i) sensitive to surrounding residential properties (ii)
supported by surrounding owners and Village residents.
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
convenience store to the developed in a manner which is more sensitive to
surrounding residential properties than a site layout which places the fuel pump
islands along the south edge of the site. Further, all uses and properties to the north
are commercial and have been developed within the Peripheral Retail Area in a
manner consistent with application of the subject standards allowing development to
continue in a consistent manner with surrounding blocks and 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:
Practical difficulties will result if the site is developed in a manner complying with
the strict application of the development standards which are the subject of this
variance request. The proposed building and site layout allow for the level of relief
necessary to mitigate these practical difficulties and develop the site in a manner
most conducive to customer safety, respect and sensitivity to surrounding residential
properties and consistency with the surrounding Peripheral Retail Area.
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
Legal Description
Part of Block “B” in the Village of Westclay, Section 6003-B, the plat of which is recorded as
Instrument Number 2007013950, Plat Cabinet4, Slide 264 in the Office of the Recorder of
Hamilton County, Indiana.