HomeMy WebLinkAboutApplication
HAMIL TON COUNTY, INDIANA
'.1; .~.
..
~\
CITY OF CARMEL- CLAY TOWNSHIP
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
APPEAL REOUEST
DOCKET NO. A
73-01
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: 4/20/87
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 Appeal: (State what you want to do and cite the section
number (s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this
appeal.
The Director of the Department of Community Services has determined that the described
property became a non-conformity use when the business ceased operations on or about March 1,
"
<
2000 and the City Council rezoned the property from B3 to C 1. Petitioner believes that the use
continues and that the building is a legal non-conforming use never having lost its status because
of the interruption of the operation of the business.
8) State reasons supporting the Appeal: (Additionally, complete the attached question sheet
entitled "Findings of Fact-Appeal").
The Goodyear Tire & Rubber Company store closed following the death of the franchisee in
March 2000 at a time the City of Carmel was negotiating with the owner of the real estate to
purchase the property for incorporation into Civil Center. Those negotiations terminated after
more than one (1) year of duration during which time the City rezoned the B3 property to C 1
making the Goodyear store a non-conforming use. By reason of its closure for more than one (1)
year, the Director determined the non-conforming use to have been discontinued and thus this
appeal.
9) Present zoning of the property (give exact classification): C 1
10) Present use of the property: Goodyear Tire & Rubber Store
11) Size oflot/parcel in question: One (1) acre ::!:
12) Describe the proposed use of the property: Goodyear Tire & Rubber Store
13)
Is the property:
Owner occupied
Renter occupied
Other
x
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: The building exists
Builder: Bertel Contractor
16) If proposed appeal is granted, when will the work commence? The store will open
immediately.
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 shan be published in the NoblesviIIe Dailv Ledger a MANDA TORY 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 an 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.
I, , Auditor of Hamilton County, Indiana, certify that
the attached affidavit is a true and complete listing of the adjoining and adjacent property owners
concerning Docket No.
OWNER
ADDRESS
K
.
Auditor of Hamilton County, Indiana
~
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:
(Property Owner, Property
Owner's Attorney or Property
Owner's Power of Attorney)
[L ~-b
~ /~!O I
(Date) ,
t3 - ']),11111 S
(Please Print)
c.~
STATE OF INDIANA
SS:
County of ~~
(County in which notarization takes place
~~~ County, State of Indiana, personally appeared
(Notary Public's county of residence /l ~
(! - ~ ~ and acknowledge the execution of the
(Property Owner, Attorney, or Power of Attorney)
d5V-JL day of .(Y\ O<---v\
)
Before me the undersigned, a Notary Public for
, 2001.
!j)~ 1, ~ S2s)
Notary Public- Signature (;.
(SEAL)
Vb f\~ L-IQ~tDt/
Notary Public - Please Print
My commi"ion expi,." Q.u t;' -<O;\- l'j I :;lev iP
..
r
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLA Y BOARD OF ZONING APPEALS
Docket No. VU 72-01 and A 73-01
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 25th day of June,
2001 at 7:00 pm in the City Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana 46032
will hold a Public Hearing upon a Use Variance application to allow:
Goodyear Tire & Rubber Company to reopen its store located at 800 South Rangeline Road, Carmel, IN and an
appeal of a decision by the Director of the Department of Community Services declaring the Goodyear Store to be a
non-conforming use.
The application is identified as Docket No. VU 72-01 & A 73-01
The real estate affected by said application is described as follows:
See Attached Legal Description
All interested persons desiring to present their views on the above application, either in writing or verbally, will be
given an opportunity to be heard at the above-mentioned time and place.
PET~~ ~i
\
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 corner 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 ta"Xes now a lien and to become a lien thereon.
R:\EDC\huffejb. wpd
City of Carmel
DE~~TNmNTOFCO~~UNITYSER~C~
Michael P. Hollibaugh
Director
May 2, 2001
VIA F ASCIMILE - 269 2500
Nfr. James E. Huffer
750 Ocean Blvd S. Apt. 14n
Boca RatonFl 33432
Re: Carmel Goodyear - 800 Range Line Road
Dear Mr. Huffer:
I would like to thank you for taking ~e to drop in and inform me of your plans to make
improvements prior to re-operring ':he Ca..r::w.ei Goodyear store located on Range Line
Road in Carmel.
Pursuant to our conversation, I've ~i(e:l time to review the Carmel Zoning Ordinance,
consult mth lezai counsel, ~nd discuss wim Karl Haas, counsel to the Carmel
Redevelopment Commission, about ;:"e S!2.!"..lS of your building and the potential re-
opening of the Ca..rm.el Goodyear.
It is YVitb. this in mind that 1'm writing :0 irrform you that pursuant to the provisions of the
Carmel/Clay Zoning Ordinance~ Goocyear ',;v ill not be allowed to reopen their store due
the nonconforming status in the C-1 Distr:ct. .
To help you Detter understand the basis :cr this decision, I will summar..ze the salie:lt
fac~ that curreml y exist:
. Carmel Goodyear ceased to o~e=a:e on or around the 15th of March 2000, "",ithout
cause or action oy the City cf C~.:-::1ei.
. T.n.e parcel, consisting of ap~rox~~ately 30,000 square feet (0.69 acres) has been
rezoned from B-3 to C-l (City Cemer District).
. You were provided proper leg::! i ::mice for this zone map amendment per the
requiremen.ts of the State ofT,..,cE2.1:3.,. as well as the City of Carmel.
. The operation of an Automo bile Service Station is not a permitted use in the C-l
District.
. Tue Carmel/Clay Zoning Ord.inaI:ce has established provisions for nonconforming
uses that would allow you to re-cpen as a legal nonconforming use prior to the
passing of one (1) year.
. rue Ordinance also provides iliat in the event a legal nonconforming use of any
building or premise is discontinued far a period of one (1) year, the use shall there-
after conform to the applicable provisions of this ordinance.
\
ONE CIVIC SQUA..l.Q.E
317/571~2417 J
:9
CJ.....~,\-{EL, INDIAt'\JA 46032
EXHIBIT
~
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, [~
llibaugh r
Copy: Mayor Jim Brainard
?vIr. Don Dixon
:vir. Greg Thomas
?vir. John Molitor
Mr. Karl Haas