HomeMy WebLinkAboutApplication
U CITY OF CARMEL - CLA Y TO~SHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
,-: -r-;--,~-,--.....
DEVELOPMENTAL STANDARDS VARIANCE REOUEST ' ,I /j':,.,
/ -\ ,"-.
FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance beingtlned. '<,>,,'\
' b!f~~ \~ \
DOCKET NO. DATE RECEIVED: . fED J8~ ~i
1Jo/'lo 'I , i' '/
"'>- ;-. - !
/:..........,,~/
,-~~~>~/
I:'!, ~~,,_
1)
Applicant: Outback Steakhouse. Inc.
Address: 2202 N. Westshore Blvd.. 5th FL Tampa. FL 33601
2) Project Name: Carrabba's Italian Grill - Merchants' Square Phone: 317/844-5313
Engineer/Architect: Weihe Engineers Phone 317/846-6611
Attorney: James J. Nelson Phone: 317/844-0106
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
-K... (b) The applicant is the contract purchaser of the property
(c) Other:
4) IfItem (3) (c) is checked, please complete the following:
Owner of the property involved: Ben Mar. LLC (The Linder Company)
Owner's address:8555 River Road. Indianapolis. IN 46240 Phone: 317/844-5313
5) Record of Ownership:
Deed Book NO./Instrument No. 200000063501
Page:
Purchase date: December 6. 2000
6) Common address of the property involved: Merchants' Square. comer of Keystone Way and Ring
Road. adiacent to Keystone Avenue. between FC Tucker Building and MCL Cafeteria
Legal description: See Exhibit" A". (Real Estate)
Tax Map Parcel No.:
16-10-31-00-00-016.011
7) State explanation of requested Developmental Standards Variance: (State what you want to do and
cite the section number( s) ofthe CarmeVClay Zoning Ordinance which applies and/or creates the need
for this request).
See Exhibit "B"
8)
State reasons supp~ng the Developmental Standards V arianQ( Additionally, complete the attached
question sheet entitled "Findings of Fact")
See Exhibit "C"
Present zoning of the property (give exact classification): B-8 Business District
9)
10)
Size oflot/parcel in question:
1.4
acres
11) Present use of the property: Shopping Center
12) Described the proposed use of the property: Restaurant
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.
NO
15) Has work for which this Application is being filed already started? If answer is yes, give details: NO
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which
this application has been filed?
The Applicant. its successors and assigns and subsequent owners of the Real Estate.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty-five
(25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper
must be available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY; two methods
of notice are recommended:
w
u
AFFIDA VIT
I hereby swear that I am the Attorney for the Applicant and Owner 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
OUTBACK STEAKHOUSE, INC., Applicant
BEN MAR, LLC, (THE LINDER COMP ANY), Owner
. Nelson
y for Applicant and Owner
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared James J. Nelson,
Attorney for Applicant, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this ~ day of February, 2001.
Jessica M. Bauer, Notary Public
State of Indiana, MaHaR- County
Notary Public Seal MDrGj~
M C .. E' 7/6/r.8mrnission Exoires: 7/612006 J
Y omrrusslon xplres: 2 06... e sica
Residing in Morgan County
l'--
This document prepared by:
James 1. Nelson
NELSON & FRANKENBERGER
3021 E. 98th Street, Suite 220
Indianapolis, IN 46280
tIIblIIes"
~m
~~
~
I
Par! of Ihe Soulh Half of Secllon 31, Township 18 North, Range 4 Easl of Ihe Second Principal Meridian In Cloy Township, Hamlllon Counly. Indiana,
described as follows:
Commencing al the Soulhwesl corner 01 lhe Soulh Hall of Section 31, Township 18 North, Range 4 Easl: Ihence North 89 degren 50 minules 15
seconds Easl (assumed bearing) on Ihe Soulh line of Ihe South Half of said Seelion 31, Q dlslance of 2847.20 feel: thence North 00 degrees 10
minutes 00 seconds West 19.00 feel: Ihence Norlh 75 degrees 16 mi.-ules 00 seconds East 103.30 feel 10 Ihe Northerly rlghl-o'-way line 01 1161h
Slreel: Ihenee North 89 degrees 01 mInute 00 seconds East on sold rIght-aI-way line 350.00 feet; Ihence North 86 de9re8s 58 minules 00 seconds
EOlIan said right-aI-way line 100.10 feel to Its Inlersecllon wllh the Weslerly Umlled Acc:eu RIghI-of-Way Line of Indiana SIale Road No. 431 (aka
Keystone Avenue); Ihence Norlherly on said L1mlled ACC8!lS RighI-of-Way Line the lollowlng four courses (I) North 44 degrees 13 minut8!l 00 seconds
E<lst 150.30 leet; (2) Ihence North 02 degrees 05 mlnules 00 seconds [asl 301.50 leet; (3) Ihence North 00 degrees 41 mlnules 00 seconds Easl
572.80 feet; (4) thence North 87 degrees 16 mlnules 00 seconds West 51.10 leel 10 Ihe Soulheasterly corner of re<1I eslale conveyed 10 aen Mar, llC,
per a deed recorded as Inslrument Number 200000063501 In the Office 01 Ihe Recorder of Hamlllon County, Indiana, said corner being on the
Northeaaterly line of 0 non-exclusive ullllly easemenl and rlghl-of-way for a roadway known locally os Keystone Vlay Easl, as sold easemenl and
right-at-way was dedicated 10 and accepled by the Clly of Carmel. Indiana, per 0 documenl tilled "Acknowledgmenl of Dedication and Acceplance"
execuled by the City 01 Carmel, Indiana. Ihrough lis Boord 01 Public Works on December II. 1979 and recorded as Inslrumenl .Number 3688 on C'
493 through 497 of MlscellaneoulI Record 159 In s<lld Recorder's Office, sold corner being Ihe PLACE Of' BEGINNING of Ihe within described Teal e ,
said corner also lying on a nan-Iangenl curve, Ihe radIus polnl of which lies 325.00 feet South 59 degrees 27 minules 50 seconds West of sold
corner: Ihence Northweslerly, curving 10 Ihe left on sold curve and Ihe Northeaslerly Itne of said easemenl and rlghl-ol -way, an arc dlslance of 19.69
feel 10 the' polnl of langency 01 sold curve 01 0 polnl Ihol Is 325.00 feel Norlh 55 degrees 59 mlnules .32 seconds Easl of the radius polnl of sold
curve; Ihence North 34 degrees 00 minutes 28 seconds West on sold Norlheaslerly line 54.03 feet; Ihence North 56 degrees 04 mlnules 13 seconds
West leaving sold line, 0 dislance of 133. r I feel 10 a polnl on Ihe Soulhweslerly line of Ihe aforesaid non-exc:luslve ullllly easemenl and rlghl-of-w<lY
of Ihe roadway known locally as Keyslone \Yay Easl, sold Soulhwe,slerly line being common with Ihe "'orlheasterly line at 0 parcel 01 real eslale
conveyed to Ihe ,City of Carmel, Indiana, by a Limited Warranly Deed al Inslrumenl Number 9809828789 in said Recorder's OffIce, said parcel being
deslgnaled as "Slreel B" In said Inslrumenl Number 9809828789; thence North 34 degrees 00 mlnules 28 seconds Wesl on sold common Itne 55.25
f..I: Ihence North 22 degrees 21 mlnules 21 seconds East 119.93 feel: Ihence North 14 degrees 44 minutes 09 seconds [asl 53.14 fecI to a pain I
on Ihe Easterly line of a non-exclusive easement and right-of-way lor Ihe roadwoy known locally as Keyslone Way, as soia eosemenl and
right-of-way was dedicated 10 and accepled by Ihe CUy of Carmel, Indiana, per a documenl Iilled "Acknowledgmenl of Dedication and Acceptance-
executed by the City of Carmel, Indiana, through Its 80ard 01 Public Works on Denmber t 1, 1979 and recorded CIS Instrument Number 3688 on pages
493 through 497 of MIscellaneous Record 159 In sold Recorder's Oftlce, sold Easterly line being on a non-Iangent curve Ihe radius point 01 which lies
174.10 fe.I North 75 degrees 15 mlnules 51 seconds West 'rom sold point: Ihence Northerly, curving 10 the left on sold curve and Easterly line, an
arc distance 01 19.93 feel 10 a polnl on Ihe Northerly line of real eslale conveyed to Ben Mar, lLC, per a deed recorded as Inslrumenl Number
'200000063501 In sold RecorQer s OUlce; Ihence North 89 degrees 55 minules 00 seconds East on sold Northerly line 189.88 teet 10 Ihe Weslerty
limited Access Righi-aI-Way Une of Indiana SIale Road No. 431 (aka Keyslone Avenue); thence Southerly on said limited Access RighI-aI-Way LIne
Ihe following four c:ourses (1) Soulh OJ degrees 43 minutes 00 seconds Wesl IJ5.48 feet: (2) Ihence South 03 degrees 07 minutes 00 seconds West
130.60 feel: (3) Ihence Norlh 86 degrees 58 mlnules 00 seconds Vlesl 50.00 feel: (4) Ihence South 02 degrees 53 minutes 00 :seconds Wesl 100.80
feel 10 the place of beginning, containing I.J66 acres, more or less.
Together with and subjecl 10 a non-exclusive easemenl for roadway and ullllty purposes as sel oul In 0 Warranty Oeed recorded os Instrumenl
Number 19-39150 on pages 439 Ihrough 441 of Deed Record 315 in Ihe Ofllce Clf Ihe Rec:order of Hamilton Counly, Indiana.
Subject 10 the dedication of Keyalone Way and Keyslone Way East os acknowledged and accepled December It, 1979 by Ihe City of Carmel, Indlae.
Ihrough Its Boord of Public Works, per a document IItled "Acknowledgemenl of Dedication and ACl:eplance" recorded December 14, 1979 on pages 493
through 497 01 Miscellaneous Rec:ord 159 111 Ihe Office of the Recorder of Hamlllon County, Indiana.
SUbJecl 10 Ihe permanenl extingulshmenl of all rl!lhls and easemenls of ingress and egress 10, from and across Ihe IImlled access facility knoYIR os'
Indiana SIale Road No. 431 (<lk<l Keystone Avenue).
Subject to on easemenl granled 10 Indiana Gas and Water Company, as recorded on pages t Ihrough 3 01 Miscellaneous Record 9.3 In Ihe Office 01
Ihe Recorder of Hamilton Counly, Indiana.
Subjecl to an eosemenl gran led 10 Public Service Company on Indiana, Inc. as recorded on pages 131 and t 32 of Deed Record 269 In Ihe Office 01
the Recorder 01 Homlllon {.ounly, Indiana.
SubJecl 10 a sanllary sewer easemenl granled 10 Ihe City of Carmel, Indiana, recorded as Inslrumenl Number 9111894 and accepted by Ihe City of
Carmel, Indiana as recorded In Inslrument Number 9116459, all In Ihe Ofllu of Ihe Recorder 01 Hamilton Counly, Indiana.
u
o
EXHmIT "B"
EXPLANATION OF REQUESTED
DEVELOPMENTALSTANDARDSVABlANCE
The Applicant is requesting a developmental standards variance from the State Highway 431 Overlay
Zone - (Section 23.2 of the Zoning Ordinance) to permit a reduction in the minimum front yard from one
hundred twenty (120) feet to thirty-one (31) feet.
u
EXHmIT "C"
w
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
CARRABBA'S ITALIAN GRILL
FINDINGS OF FACT - DEVELOPMENTAL 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 front yard set back and a minimum thirty (30) foot green belt
buffer required under the B-8 Business District Classification are being provided. The requested set back
of thirty-one (31) feet is consistent with that of other business uses adjacent to Keystone Avenue. and no
evidence of probative value was presented to the contrary.
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 front yard set back and a minimum thirty (30) foot
green belt buffer required under the B-8 Business District Classification are being provided. The requested
set back of thirty-one (31) feet is consistent with that of other business uses adjacent to Keystone Avenue.
and no evidence of probative value was presented to the contrary.
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 an excessive front yard set back will be required
denying the Applicant full use and enjoyment of its real state.
DECISION
IT IS THEREFORE, the decision of the CarmeVClay Board of Zoning Appeals that Developmental
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
.2001.
CHAIRPERSON
CarmeVClay Board of Zoning Appeals
SECRETARY
CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).