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CITY OF CARMEL - CLAY TOWNSIDP ~
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS
SPECIAL USE APPROVAL REQUEST
DOCKET NO.
DATE RECEIVED:
1) Applicant: D. Young Chevrolet LLC. an Indiana limited liability company
Address: c/o DYC Realty. LLC - AI Young. 7399 Shadeland Avenue. Suite 166.
Indianapolis. IN 46250
2) Project Name: Dan Young Chevrolet
Phone No. 317-846-6666 (AI Young)
Engineer! Architect: Optima Architects - Chuck Kotterman Phone: 317-951-1010
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Attorney: Charles D. Frankenberger
Phone: 844-0106
-X- (c) Other: Tenant
4) If Item (3) (c) is checked, please complete the following:
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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
Owner of the property involved: Young Realty Company. LP
Owner's address: 7399 Shadeland Avenue #166. Indianapolis IN 46250
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Record of Ownership:
94-37282:94-37283:94-37284:96-27921:97-01712
6) Common address of the property involved: Northeast comer of Keystone Avenue and
96'h Street
Legal description: See Exhibit A
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Tax Map Parcel No.: 16 14-07-04-08-002-000: 1614-07-04-08-0002-000:
16 14-07-04-08-002-001: 1614-07-04-08-002-002: 16 14-07-04-08-003-000:
16 14-07-04-08-008-000: and 16 14-07-04-08-009-000
7) State explanation of requested Special Use: See Exhibit liB"
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet
entitled "Findings of Fact") See Exhibit "e"
9) Present zoning of the property (give exact classification): B-3
1 0) Present use of the property: Automobile sales. service and repair
11) ~escribe the ~roposed use of the property: Automobile sales. service and repair
12) Is the property:
Owner occupied
Renter occupied by ApJllicant
Other
13) Are there any restrictions, laws, covenants, variances, special uses, or appeals flIed 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.
Applicant filed an ADLS petition (pocket No. 46-01-ADLS) on March 30. 2001 regarding
this Real Estate. The ADLS reCDJestwill be heard bv the Plan Commission on June 19. 2001.
14) Has work for which this Application is being flIed already started? If answer is yes, give
details: No
Building Permit Number: NI A
Builder: NI A
15) If proposed appeal is granted, when will the work commence?
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Immediately following apJlroval
16) . If the proposed appeal is granted; who will operate andloruse the proposed improvement for
which this application has been filed?
The Apl'licant its successors and assi~s. lessees of the Applicant and subsequent owners
of the real estate.
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NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY
twenty-five (25) days prior to the public hearing date and should be published in the next available
publication date of The Carmel News Tribune. The certified "Proof of Publication" affidavit of both
newspapers 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:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
property owners. (The white receipt should be stamped by the Post Office at least twenty-five
(25) days prior to the public hearing date).
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the
adjoining and abutting property owner acknowledging the twenty-five (25) day notice should
be kept for verification that the notice was cOmpleted).
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THERESPONSmILITY OF THE
APPLICANT. AGAIN, TInS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25)
DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assigned until all sup,porting
information has been submitted to the De,partment of Community Services.
The applicant certifies by signing this application that he/she has been advised that all
representations of the Department of Community Services are advisory only and that the applicant
should rely on appropriate subdivision and zoning ordinance and/or the legal advice of hislher '
attorney.
I, Ion Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true
and complete listing of the adjoining and adjacent property owners of the property described
herewith.
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AFFIDAVIT OF APPLICANT AND CONSENT OF OWNER
1, Alan V. Young, on behalf of the Applicant, D. Young Chevrolet, LLC, an Indiana limited
liability company, of the property involved in this application, hereby swear that the foregoing
signatures, statements, and answers herein contained and the information herewith submitted are in
all aspects true and correct to the best of my knowledge and belief.
Applicant, D. YOUNG CHEVROLET, LLC
An Indiana limited liability company
BY: UAG Young, Inc.
An Indiana co oration (mem er)
STATE OF INDIANA )
) SS:
COUNTY OF HAMll... TON )
Before me, a Notary Public, in and for said County and State, personally appeared Alan V.
Young, D. Young Chevrolet, LLC, an Indiana limited liabilitY company, and acknowledged the
execution of the foregoing.
WITNESS my hand and Notarial Seal this 'rT/t day of A1 A Y
. 2001.
My Commission Expires:
S-II- of
Residing in /1 A ~, (J II County, Indiana.
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OWNER CONSENT
The owner hereby consents to this Application and authorizes Charles D. Frankenberger and
the law firm of Nelson & Frankenberger to appear and represent the Applicant and owner before the
Carmel Board of Zoning Appeals.
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EXHIBIT "A"
LEGAL DESCRIPTION
Part of the South Half of the Southeast Quarter of Section 7, Township 17
North, Range 4 East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
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Commencing at the Southeast comer of the South Half of the Southeast
Quarter of Section 7, Township 17 North, Range 4 East of the Second
Principal Meridian, in Hamilton County, Indiana; thence North 00 degrees 04
minutes 29 seconds East (assumed bearing) on the East line of said Southeast
Quarter 331.66 feet to the PLACE OF BEGINNING of the within
described real "estate; thence North 89 degrees 57 minutes 00 seconds West
parallel with the South line of said Southeast Quarter 162.33 feet; thence
North 00 degrees 04 minutes 29 seconds East parallel with the East line of
said Southeast Quarter 83.34 feet; thence North 89 degrees 57 minutes 00
seconds West parallel with said South line 209.62 feet; thence North 00
degrees 04 minutes 29 seconds East parallel with said East line 145.00 feet;
thence North 89 degrees 57 minutes 00 seconds West parallel with said South
line 101.00 feet; thence South 00 degrees 04 minutes 29 seconds West parallel
with said East line 560.00 feet to the South line of said Southeast Quarter;
thence North 89 degrees 57 minutes 00 seconds West on the South line of
said Southeast Quarter 411.97 feet to a point that is 437.00 feet South 89
degrees 57 minutes 00 seconds East from the Southwest comer of the East
Half of said Southeast Quarter; thence North 00 degrees 03 minutes 00.
seconds 240.00 feet; thence North 89 degrees 57 minutes 00 seconds West
parallel with said South line 263.17 feet to the Easterly Limited Access Right-
of-Way line of Indiana State Road No. 431 (known locally as Keystone
Avenue); thence North 00 degrees 00 minutes 00 seconds East on said
Limited Access Right-of-Way line 584.18 feet; thence South 89 degrees 53
minutes 32 seconds East 1148.96 feet to a stone with a "cross" on the East
line of said Southeast Quarter that is 823.02 feet North 00 degrees 04 minutes
29 seconds East of the Southeast comer of said Southeast Quarter; thence
South 00 degrees 04 minutes 29 seconds West on said East line 491.36 feet to
the place of beginning, containing 15.733 acres, more or less.
Subject to all legal easements and rights-of-way.
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EXHIBIT B
EXPLANATION OF SPECIAL USE REQUEST
The purpose of this special use request is to permit the Applicant to make certain renovations
to existing buildings. In this regard, there are five (5) buildings located upon the real estate. Two
(2) of the buildings will remain the same and one (1) will be demolished. One (1) of the remaining
buildings is being reduced from 19,600 square feet to 9,000 square feet, 3,000 square feet of which
is a canopy. The other remaining building is being enlarged from 62,700 square feet to 82,140
square feet. The reductions, enlargements, and exterior changes are shown on the plans submitted
with this application.
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EXHIBIT "C"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Dan Young Chevrolet. LLC
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended Does/does not apply
and all prerequisites have been met by Petitioner as verified by the Technical Advisory Committee.
2. The Special Use will be consistent with the Character and Pemrltted Land Use of the zoning district and
CanneVClay Comprehensive Plan because automobile sales and services are Dennitted SDecial uses under the B-3
Business District and are Dresumed to be aDDropriate uses. This SDecial use request is merely a reauest to modify
some of the buildin2s to accommodate automobile sales. service and renair Der anproved Dlans.
3. The Special Use is physically suitable for the land in question because automobile sales and services
are Dennitted snecial uses under the B-3 Business District. are Dresumed to be aDDroDriate uses. This snecial use
reauest is merely a reauest to modify some of the buildin2s to accommodate automobile sales. service and renair
ocr aDDroved Dlans.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because
automobile sales and services are pennitted sDecial uses under the B-3 Business District. are presumed to be
8l'1'roDriate uses. This snecial use request is merely a request to modify some of the buildin2s to accommodate
automobile sales. service and reDair ocr aDDroved Dlans. .
S. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate
availability of water, sewage, or storm drainage facilities, or police or fire protection because such services are
already available to the real estate and automobile sales and services are Dermitted snecial uses under the B-3
Business District. are presumed to be anDroDriate uses. This snecial use reauest is merelv a reauest to modify some
of the buildin2s to accommodate automobile sales. service and repair per aDDroved Dlans.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.4 (1-25) as they relate to this
Special Use, and does not find that those criteria prevent the granting of the Special Use. True.
DECISION
IT IS 1HEREFORE, the decision of the CanneVClay Board of Zoning Appeals that Special Use Docket No. _
is grantet( subject to any conditions stated in the minutes of this Board, which are incorporated herein
by reference and made a part hereof.
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ADOPTED this
day of
.2001
CHAiRPERSON, CanneVClay Board of Zoning Appeals
SECRETARY, CanneVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (petitioner or his representative to sign).
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DAN YOUNG CHEVROLET
3210 EAST 96TH STREET, INDIANAPOLIS, INDIANA
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7320 COMPANY DRIVE, INDIANAPOUS, INDIANA 46237
NORTH: (317) 251-6800 SOUTH: (317) 882.3200
FAX: (317) 882.971 1
DESIGNED By: KEITH A. BAUGHMAN, L.A. REVISED: JUNE 200 1
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KEITH A. BAUGHMAN
LANDSCAPE ARCHITECT
7320 Company Drive ..Indianapolis, IN 46237
South · 317.882.3200
North · 317.251.6800
Fax. 317.882.9711
DATE: C~ ~/ CLlENT:~1i Y~Gt ~yy