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CITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
DOCKET NO.
DATE RECEIVED:
1) Applicant: James E. & Betty 1. Huffer
Address: 11188 Estancia Way, Carmel, IN 46032
2) Project Name: Goodyear Tire (City Center District PHONE:
Engineer/Architect: PHONE:
Attorney: E. Davis Coots PHONE: 844-4693
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) IfItem 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. 8743412
Page:
Purchase Date: 4120/87
6) Common address of the property involved: 800 South Rangeline Road, Carmel, IN
Legal description: See attached legal description
Tax Map Parcel No. 1609360000005.001
7) State explanation of requested Use Variance: (State what you want to do and cite the
section number (s) ofthe Carmel/Clay Zoning Ordinance which applies and/or creates the need
for this appeal.
This property was zoned B3 prior to June 20, 2000 when the Carmel Common Council adopted
ordinance 1 04-00Z-C 1 City Center District. The property then became a legal non-conforming
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use. Because of the death of the operator, the business closed on or about March 15,2000 to be
reopened following renovation. No structural or other exterior modifications have been made to
the building however the Department of Community Services by its letter dated May 2, 2001
(attached hereto as Exhibit 2) concluded the use had ceased and appeal of the decision or a use
variance were required. Section 28 of the Carmel Clay Zoning Ordinan,ce states the non-
conforming use terminates if the use is discontinued for a period of one (I) year. Applicant does
not believe the use has been discontinued and appeals the decision of the Director of the
Department of Community Services and in the alternative petitions the Board for a Use Variance
of the terms and requirements of the CI ordinance adopted in June 2000.
8) State reasons supporting the Use Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Use Variance").
The use for this property was established in 1987 and because the City of Carmel stated that the
City would purchase the property, the business was not continued following the operator's death
in March 2000. The applicant was advised in November 2000 that the City was without funds to
purchase the property and the decision was made to reopen the business. The Department of
Community Services determined that the business had lost its legal non-conforming use status
thus necessitating this appeal and in the alternative variance application.
9) Present zoning of the property (give exact classification): CI
10) Present use of the property: Goodyear Tire Store
11) Size oflotlparcel in question: One (1) acre ::I::
12) Describe the proposed use ofthe property: Goodyear Tire Store
13)
Is the property:
Owner occupied
Renter occupied
Other
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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 purposes
of this application? If yes, give date and docket number, decision rendered and pertinent
explanation.
NONE
15) Has work for which this application is being filed already started? If answer is yes, give
details:
Building Permit Number: Building constructed in 1987
Builder: Bertel Contractor
16) If proposed appeal is granted, when will the work commence? Building now exists and
painting and installation of equipment will occur.
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
Goodyear Tire & Rubber Co.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledger a MANDATORY twenty-fie (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 MANDA TORY, two methods of
notice are recommended:
1) CERTIFIED MAIL -RETURN RECEIPT REQUESTED sent to adjoining 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 THE RESPONSIBILITY Of THE APPLICANT,
AGAIN, THIS 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 supporting
information has been submitted to the Department 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
his/her attorney.
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AFFIDA VIT
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: [Ao.~ M
(Property Owner, Property
Owner's Attorney or Property
Owner's Power of Attorney)
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(Date)
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(Please Print)
&015
STATE OF INDIANA
County of
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County in which notarization takes place
Before me the undersigned, a Notary Public for
County, State of Indiana, personally appeared
(Notary ~ic's county of residence
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(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the
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Notary Public- Signature
(SEAL)
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Notary Public - Please Print
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LEGAL DESCRIPTION
Part of the North Half of the Northeast Quarter of Section 36, Township 18 North, Range 3 East
in Hamilton County, Indiana, described as follows:
Beginning at a point on the East line of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East 628.97 feet South 00 degrees 00 minutes 00 seconds (assumed bearing) from the
Northeast comer of said Northeast Quarter; thence South 00 degrees 00 minutes 00 seconds on
said East line 175.26 feet; thence South 90 degrees 00 minutes 00 seconds West 239.11 feet;
thence North 00 degrees 00 minutes 00 seconds West parallel with the East line of said Quarter
173.00 feet to a point 628.97 feet South 00 degrees 00 minutes 00 seconds of the North line of
said Northeast Quarter; thence North 89 degrees 27 minutes 30 seconds East parallel with said
North line 239.12 feet to the place of beginning, containing 0.956 acres, more or less.
Together with the rights granted per a Reciprocal Easement Declaration by Carmel Plaza
Company dated September 17, 1980 and recorded September 19, 1980 in Miscellaneous Record
162, page 346 and later amended by Amendment to Reciprocal Easement Declaration executed
by and between Carmel Plaza Company and Balcor Income Properties Ltd., III, dated November
13, 1985 and recorded July 31, 1986 in Miscellaneous Record 4, page 317 as instrument number
8615782.
Subject to all mortgages, liens, encumbrances, covenants, easements and rights-of-way of record
and building and use restrictions.
Subject to all taxes now a lien and to become a lien thereon.
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City of Carmel
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DEPARTMENT OF COMMUNITY SERVICES
Michael P. Hollibaugh
Director
May 2, 2001
VIA F ASCIMILE - 269 2500
Mr. James E. Huffer
750 Ocean Blvd S. Apt. 14n
Boca Raton PI 33432
Re: Carmel Goodyear - 800 Range Line Road
Dear Mr. Huffer:
I would like to thank you for taking time to drop in and inform me of your plans to make
improvements prior to re-opening the Carmel Goodyear store located on Range Line
Road in Cannel.
Pursuant to our conversation, I've taken time to review the Carmel Zoning Ordinance,
consult with legal counsel, and discuss with Karl Haas, counsel to the Carmel
Redevelopment Commission, about the status of your building and the potential re-
opening of the Carmel Goodyear.
It is with this in mind that I'm writing to inform you that pursuant to the provisions of the
Carmel/Clay Zoning Ordinance, Goodyear will not be allowed to reopen their store due
the nonconformiilg status in the C-l District.
To help you better understand the basis for this decision, I will summarize the salient
facts that currently exist:
. Carmel Goodyear ceased to operate on or around the 15th of March 2000, without
cause or action by the City of Cannel.
. The parcel, consisting of approximately 30,000 square feet (0.69 acres) has been
rezoned from B-3 to C-1 (City Center District).
. You were provided proper legal notice for this zone map amendment per the
requirements of the State of Indiana, as well as the City of Carmel.
. The operation of an Automobile Service Station is not a permitted use in the C-1
District.
. The Carmel/Clay Zoning Ordinance has established provisions for nonconforming
uses that would allow you to re-open as a legal nonconforming use prior to the
passing of one (1) year.
. The Ordinance also provides that in the event a legal nonconforming use of any
building or premise is discontinued for a period of one (1) year, the use shall there-
after conform to the applicable provisions of this ordinance.
ONE CIVIC SQUARE
EXHIBIT
CARMEL, INDIANA 46032 317/571~2417 I ~
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May 2, 2001
Mr. James E. Huffer
Re: Carmel Goodyear - 800 Range Line Road
Page 2
You may appeal this determination, if you so choose, to the Carmel Board of Zoning
Appeals (BZA) within thirty (30) days from the date of this letter.
A second option for you would be to apply for a variance of use, according to the rules of
the BZA, to allow for the operation of an Automobile Service Station.
I realize this determination probably does not meet favorably with you. Should you wish
to follow one or both courses noted above, or, wish to discuss further the specifics of my
determination, please don't hesitate to contact me at 317 571 2417.
Very truly yours,
[
Michael
Copy: Mayor Jim Brainard
Mr. Don Dixon
Mr. Greg Thomas
Mr. John Molitor
Mr. Karl Haas