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CITY OF CARMEL - CLAY TOWNSHIP
HAMIL TON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEAL
DEVELOPMENTALSTANDARDSV~CE
(SIGN V ~b .;;!
DOCKET NO. DATE RECEIVED:
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1) Applicant: D. Youn Chevrol LLC an Indiana limited liabih
Address: clo DYC Real LLC-Al Youn 7399 Shadeland Aven
Indianapolis. IN 46250
2) Project Name: Dan Y OuIlg Chevrolet
Phone: 317/846-6666 (AI Youne;)
Engineer/Architect: Optima Architects - Chuck Kotterman Phone: 317/951-1010.
Attorney: Charles D. Frankenberger
Phone: 844-0106
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 :::
X (c) Other: Tenant
4) If Item (3 ) (c) is checked, please complete the following:
Owner of the property involved: Young Realty Company. LP
Owner's address: 7399 Shadeland Avenue #166. Indianapolis. IN 46250
5) R.ecord of Ownership:
94-37282:94-37283:94-37284:96-27921:97-01712
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6) Common address of the property involved: Northeast Comer of Keystone Avenue and
96* Street
. Legal description: See Exhibit A
Tax Map Parcel No.: 16 14-07-04-08-002-000: 16 14-07-04-08-0002-000:
1614-07-04-08-002-001: 1614-07-04-08-002-002: 1614-07-04-08-003-000:
1614-07-04-08-008-000: and 16 14-07-04-08-009-000
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7) State explanation of requested Developmental Standards Variance: (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 request).
See Exhibit "B"
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact-Developmental Standards
V ariance")
See Exhibit "C"
9) Present zoning of the property (give exact classification): B-3
10) Size of lot/parcel in question: :l: 15.733 acres
11) Present use of the. property: Automobile sales. service and repair
12) Described the proposed use of the property: Automobile sales. service and repair
13) Is the property:
Owner occupied
Renter occupied by Applicant
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. Applicant filed an ADLS petition (Docket No. 46-01-ADLS) on March 30. 2001
re2arding this real estate. The ADLS request will be heard by the Plan Commission on
June 19. 2001. The ADplicant also filed a Special Useap,plication (pocket No.
SUA-71-OI) on May 11. 2001. and this request will be heard by the Board of ZoninlZ
ApDeals on June 25. 2001.
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15) Has work for which this Application is being filed already started? If answer is yes, give
details:
No.
Building Permit Number: Nt A Builder: Nt A
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
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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 assilms. lessees of the Applicant and subsequent owners
of the real estate.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv 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 Cannel 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:
I) 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 TIlE RESPONSIBILITY 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 sUPl>orting
information has been submitted to the Department of Community Services
The applicant certifies by signing this application that helshe 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 advise of hisJher
attorney.
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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.
SEE EXHIBIT D
FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHIBIT D-l.
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AFFIDA VIT OF APPLICANT AND CONSENT OF OWNER
I, Alan V. Young, on behalfofthe 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 corporation (member)
By:
STATE OF INDIANA )
) SS:
COUNTYOFHAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared Alan V.
Y oun& on behalf of the Applicant, D. Young Chevrolet, LLC, an Indiana limited liability company,
and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this ~ day of
My Commission Expires:
d-~7-t::'7
Residing ~/~unty, Indiana.
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OWNER CONSENT
The Owner hereby consents to this Application and authorizes Charles D. Frankenberger and
the law rmn of Nelson & Frankenberger to appear and represent the Applicant and owner before the
Carmel Board of Zoning Appeals.
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(Ti e)
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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 paia1lel
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 com~ 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.
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Subject to all legal easements and rights-of-way.
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EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS VARIANCE
The Applicant previously filed an ADLS Application (Docket No. 46-01-ADLS) and a
Special Use Application (Docket No. SUA-71-01). The purpose of these applications 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 squarefeet
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. As part of these renovations, the Applicant
requests new signage. The proposed signs are depicted on the plans submitted with this application
and said. signs require variances.
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EXHIBIT "c"
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: D. YounlJ Chevrolet. LLC. an Indiana limited liability company
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 request is to provide location. directional and
advertisinll information to Apl'licant's clients and customers.
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 surrounding uses are commercial in
nature. and the nature of the request is to merely provide location. directional and advertising
information to Applicant's clients and customers.
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: It will denv the Aoplicant the
opoortunityto provide clear and identifiable location. directional and advertising information
to Applicant's clients and customers.
DECISION
IT IS THEREFORE the decision of the CanneVClay 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.
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CHAIRPERSON, CarmeVClay Board of Zoning Appeals
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SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (petitioner or his representative to sign).
F~ YlIlIIll CblY7'SIp App'Sip Vfl. AppID
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEAL
DEVELOPMENTAL STANDARDS VARIANCE
(SIGN VARIANCE)
DOCKET NO.
DATE RECEIVED:
1) Applicant: D. Youn Chevrolet LLC an Indiana limited liabih
Address: c/o DYC Real
Indianapolis. IN 46250
2)
Project Name: Dan Young Chevrolet
Phone: 317/846-6666 (AI Young)
Engineer/Architect: Optima Architects - Chuck Kotterman Phone: 317/951-1010
Attorney: Charles D. Frankenberger
Phone: 844-0106
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
X (c) Other: Tenant
4) If Item (3) (c) is checked, please complete the following:
Owner of the property involved: Young Realty Company. LP
Owner's address: 7399 Shadeland Avenue #166. Indianapolis. IN 46250
5) 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
96th Street
Legal description: See Exhibit A
Tax Map Parcel No.: 16 14-07-04-08-002-000: 16 14-07-04-08-0002-000:
16 14-07-04-08-002-001: 16 14-07-04-08-002-002: 16 14-07-04-08-003-000:
16 14-07-04-08-008-000: and 16 14-07-04-08-009-000
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7) State explanation of requested Developmental Standards Variance: (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 request).
See Exhibit "B"
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact-Developmental Standards
Variance")
See Exhibit "C"
9) Present zoning of the property (give exact classification): B-3
10) Size of lot/parcel in question: ::I: 15.733 acres
11) Present use of the property: Automobile sales. service and repair
12) Described the proposed use of the property: Automobile sales. service and repair
13) Is the property:
Owner occupied
Renter occupied by Applicant
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. Applicant filed an ADLS petition (Docket No. 46-01-ADLS) on March 30. 2001
regarding this real estate. The ADLS request will be heard by the Plan Commission on
June 19. 2001. The Applicant also filed a Special Use application (Docket No.
SUA-71-0n on May 11. 2001. and this request will be heard by the Board of Zoning
Appeals on June 25.2001.
15) Has work for which this Application is being filed already started? If answer is yes, give
details:
No.
Building Permit Number: N/ A Builder: N/ A
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
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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. lessees of the Applicant 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 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 THERESPONSffiILITY OF THE
APPLICANT. AGAIN, TIllS 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 advise of his/her
attorney.
I, Jon 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.
SEE EXHffiIT D
FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHffiIT D-1.
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AFFIDAVIT OF APPLICANT AND CONSENT OF OWNER
I, 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:
VAG Young, Inc.
An Indiana corporation (member)
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By:
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me, a Notary Public, in and for said County and State, personally appeared Alan V.
Young, on behalf of the Applicant, D . Young Chevrolet, LLC, an Indiana limited liability company,
and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this 6 day of
My Commission Expires:
d-t21-t::/7
Residing i~ounty, 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.
By: Young Realty Company L.P.
(Name)
(Title)
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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:
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 REQUESTED
DEVELOPMENTALSTANDARDSVARlANCE
The Applicant previously filed an ADLS Application (Docket No. 46-01-ADLS) and a
Special Use Application (Docket No. SUA-71-01). The purpose of these applications 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 (I)
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. As part of these renovations, the Applicant
requests new signage. The proposed signs are depicted on the plans submitted with this application
and said signs require variances.
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EXHIBIT "C"
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: D. Young Chevrolet LLC. an Indiana limited liability company
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 request is to provide location. directional and
advertising information to Applicant's clients and customers.
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 surrounding uses are commercial in
nature. and the nature of the request is to merely provide location. directional and advertising
information to Applicant's clients and customers.
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: It will deny the Applicant the
opportunity to provide clear and identifiable location. directional and advertising information
to Applicant's clients and customers.
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, Carmel/Clay 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).
F:\UsCl\1I11et\Dan Young Chevy\Sign App\Sign V 1Ir. Appln
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Dan Young Chevrolet - Building Signage
Description Height Width Length Total Area Manner of Illumination Materials
Building Sign
Chevrolet Main Buil~ @
South~est Fascia. It
Logo - Dan Young 2'-10" 6" 37'-0" 104.7 Sq. Ft: Internally Illuminated Blue plastic faced box letters in white al
Building Sign
Chevrolet Main Buil~
Northwest Fascia (fi) Internally Illuminated Blue plastic faced box letters in white aluminum frames
Logo - Dan Young 2'-10" 6" 37'-0" 104.7 Sq. Ft.
Building Sign - South Elevation
Chevrolet Main Building
Showroom Entrance 2'-6" 4" 7'-4" . Ft. Internall Illuminated Blue plastic faced box letters in white aluminum frames
Building Sign - South Elevatio C:.
Chevrolet Main Building
Service 1'-0" 4" 8'-0" Internally Illuminated Blue plastic faced box letters in white aluminum frames
Building Sign - South Elevation
Used Car Building @)
Signage Above Canopy
Logo - Dan Young Certified Used 6'-0" 6" 12'-0" 72 . Ft. Internally Illuminated Blue plastic faced boxletters in white aluminum frames
Building Sign - East Elevation
Used Car Building @
Signage Over East Entry '/
Certified Used 1'-0" 4" 12'-0" 12 Sq. Ft. Intemall Illuminated Blue plastic faced box letters in white aluminum frames
Freestanding Monument Sign
Main Complex Sign
96th Street 8'-0" 24" 7'-6" 23.8 Sq. Ft. Internally Illuminated Blue plastic faced box letters in white aluminum frames
On-Site Directional Sign ItS 4t5)f 1~.1I1
Off white opaque aluminum face with
4'-10" S'-O" 18 . Ft. Internally Illuminated blue transparent cut-out letters & arrows
On-Site Directional Sign 1t6 4151/t " W.lIP Ci
If Off white opaque aluminum face with
4'-10" 5'-0" 18 . Ft. Internally Illuminated blue trans arent cut-out letters & arrows
On-Site Directional Sign 1t7 +4bP
Off white opaque aluminum face with
4'-0" 7.5" 5'-0" 1 . Ft. Internally Illuminated blue transparent cut-out letters & arrows
On-Site Directional Sign 1t8
Off white opaque aluminum face with
4'-0" 7.5" S'-O" 14.6 Sq. Ft. Internally Illuminated blue transparent cut-out letters & arrows