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CITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO.
DATE RECEIVED:
USE VARIANCE
1) Applicant: Sipe Family LLC
Address: 2949 River Bay Dr. N.
Indianapolis, IN 46240
2) Project Name: PHONE: (317) 845-8489
Engineer! Architect: Simmons & Associates PHONE: 656-3500
Attorney: E. Davis Coots PHONE: 844-4693
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
(c) Other:
4) Ifltem 3)(c) is checked, please complete the following:
Owner of the property involved: Eldon D & M Elaine Palmer
Owner's address: 7965 Westfield Blvd. PHONE:
5) Record of Ownership:
Deed Book No.lInstrument No. Instrument No. 8918678
Page:
Purchase Date: 8/23/88
6) Common address of the property involved: 3000 E. 96th Street
Indianapolis, IN 46280
Legal description: See attached legal description
Tax Map Parcel No. 1714070406020000
7) State explanation of requested Use 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 appeal. Applicant seeks to vary the uses contained in the S-2 zoning clarification (96.0)
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to permit the construction of a single story fine jewelry retail store.
8) State reasons supporting the Use Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Use Variance"). The property is located in a primarily
commercial area surrounded by commercial uses.
9) Present zoning ofthe property (give exact classification): S-2
10) Present use of the property: Vacant
11) Size of lot/parcel in question: 1.16A
12) Describe the proposed use of the property: Single Use, Fine Jewelry Retail
3500 square feet building- owner occupied
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 purposes
ofthis 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: N/A
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence? Immediately
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed? Applicant
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AFFIDAVIT
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.
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(Date)
Signed:
(Property Owner, Property
Owner's Attorney or Property
Owner's Power of Attorney)
f.. y~V IS 0001"$ ,
(Please Print)
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STATE OF INDIANA
SS:
County of ~~ ~
(County in which notarization takes place
Before me the undersigned, a Notary Public for
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(Notary Public's county of residence
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(Property Owner, Attorney, or Power of Attorney)
County, State of Indiana, personally appeared
and acknowledge the execution of the
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day of
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Notary Public- Signature
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Notary Public - Please Print
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y~luable co11ltidel'otiou, tb.. r~.ipt ond ,uHic:i'n~cy of whit;b p bel.by ack4owtadOod, the foUowlAq
dl"~riJ>.d t.61 .'~h in Hand1 ton County, State of Ind1ai16~
A part. of the SOutheast Quarter of secticn 7, 'l'ownship 17 North, aanqe 4 East:
O~';("Tibed a9 foll~: .
~ Begin at a point 559.3 feet East and 181.0 feet North of.~the Southwest: Corner
~ of the southeast Quarter of sect.ion 7, Township 17 North" Jlar)qe 4 East, said
~int beinq the Nor'-~ eoxner of IDt No. 8 in Iny's s~; thmcc No.rtl? .
parallel with the West line of the said southeast Quarter, 100.00 f~r. to an
~ iron stake: thencs! ~st parallel with tile South line of ~ said Sc~tt.e?~
~: 180.02 feet in the center of Day Drive: thenee S()l1th on and alen'J till':
~id centerline: lOO~OO feet to a point, thenc.a lNest lBO.07 feet tc the plAce
O~ beginning. '.
A part of the Sour-heast Qua..-eer of section 7, 'rQwn9hip 17 North, Range 4 Ea!-ltl
described as folJ.o..1s:
Beinq at a point 559.3 feet Fast of the ~ c::oZner of f:he Southeast Qua...-te:c
of Section 7, To.rm9h.ip 17 North, ~qe 4 East; thence North. pazallel with t.he
West:. line of said .~utheast Qu..~ 181.0 feet to an iran li'take; thence East
parallel with the ~th line of .said SOOt:heast Quarter 180.7 feet to a J..Oint L"1
~ center of Day Drive; the.nce scuth on and alc.mg the said centerline, 18.1.0 feet
tQ a poi'l: on the. South li.n~ of said StJJrt:heast Quarter: t:h.eJ1ce west 011 arId along
the sa L~ South line T 80. 15 feet 1:0 tL~e place of beginning.
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CARMELlCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
19.
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RECfJVEO
AUG 21 2001
DOCS
Petitioner:
Sipe Familv LLC
FINDINGS OF FACT - USE VARIANCE
I.
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The grant of this variance will not be contrary to the public interest, due to the existence of spec fit
condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because in
light of the significant changes in surrounding uses, it is no longer feasible to develop the subject real estate
within the S-2 Residential District classification.
2.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because (I) the proposed use is consistent with surrounding uses and will not adversely affect
the public health, safety, morals or general welfare of the community and (2) the proposed use will benefit
the general welfare of the community by providing an essential transition or step down.
3.
The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because the proposed use is consistent with surrounding uses and provides an essential transition,
step-down, with green belt buffers.
4.
The need for the variance arises from a natural condition peculiar to the subject because in light of the
significant changes in surrounding uses, it is no longer feasible to develop the real estate within the S-2
Residential District classification.
5.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because (I) the real estate is situated so that it is appropriate under the Comprehensive Plan for Low
Intensity, Regional/Community Employment and (2) the proposed use provides an essential transition, or
step down, between the existing residential uses to the north and west and the Business Commercial Uses
to the east and south.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
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J.C.- SIPE JEWLERS · SITE PLAN
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Project: JL. SIPE JEHLERS
Project Number: 01062
Sheet No. SPIOO
SIMMONS Drawn By: T5EITZ
& ASSOCIATES, INC. Scale:
ARCHITECfS, PLANNERS
1"=40'-0"
JUL Y 23, 2001
107 S. Pennsylvania Street, Suite 500. Indianapolis, Indiana 46204.317.656.3500. Fax 317.6
180'
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DOCKETNO.~I
DATE RECEIVED:
CITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS AC
USE VARIANCE
I) Applicant: Sipe Family LLC
Address: 2949 River Bay Dr. N.
Indianapolis, IN 46240
2) Project Name: PHONE: (317) 845-8489
Engineer/Architect: Simmons & Associates PHONE: 6s/j500
Attorney: E. Davis Coots PHONE: 844-4693
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (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: Eldon D & M Elaine Palmer
Owner's address: 7965 Westfield Blvd.
@ Record of Ownership:
Deed Book NO./Instrument No.
PHONE:
Page:
Purchase Date:
6) Common address of the property involved: 3000 E. 96th Street
Indianapolis, IN 46280
Legal description: See attached legal description
Tax Map Parcel No. 1714070406020000
(}j) State explanation of requested Use 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 appeal.
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@ State reasons supporting the Use Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Use Variance").
9) /Present zoning of the property (give exact classification): S-2
10)~resent use of the property: Vacant
11)/Size oflot/parcel in question: 1.16A
12)~eSCribe the proposed use of the property: Single Use, Fine Jewelry Retail
3500 square feet building- owner occupied
13)
Is the property:
x
of this application? If yes, give date and docket number, decision rendered and pertinent
explanation.
15) ~s work for which this application is being filed already started? If answer is yes, give
details: N/A
....---
Building Permit Number:
. Builder:
16) ~roposed appeal is granted, when will the work commence? Immediately
17) v'lfthe proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed? Applicant
NOTE:
LEGAL NOTICE shall be published in the Noblesville 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 all adjoining and abutting property owners is also MANDA TORY, two methods of
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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: ;: "O~h':' U
(Property Owner, Property
Owner's Attorney or Property
Owner's Power of Attorney)
7/13/0\
.
(Date)
6.. l))9-VIS COOTS
(Please Print)
STATE OF INDIANA
SS:
County of --H- A- M ; J t, 0 T\
(County in which notarization takes place
Before me the undersigned, a Notary Public for
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(Notary Public's county of residence
~ it V l'S ~() ()""".s
(Property Owner, Attorney, or Power of Attorney)
County, State ofIndiana, personally appeared
and acknowledge the execution of the
J ~ ~dayof
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y~luable col1Jtiderotiou. th.. r~.ipt ond .ufflciqDCy of whicb u bereby ack..Qcwtadood, thatoUowlAq
Ol'~rib.d t.a.l ..tbh in Hanrl.l ton County, State of Inc:1i4DA:
A part of the southeA$t Qu.an:.er of secticn 7, 'l'ownahip 17 Narthl ;tanqe 4 EaSt:
dp.~ibed as foll~: .
~ BetJin at a point 559.3 feet. East:. and 181.0 feet North of.~the Sou~t: Corner
~ of the southeast Quarter of Section 7, ~hip 17 North, ~e 4 East, said
t;Oint being ~ No~~ COtt1tt of I.ot No. 8 in D3.yts 5u:r:wr:/i ~ Nortl) .
parallel with the ~S'tline of the said southeast Quarter, 100.00 f~t: to an
~ iron stake: thenc~ ~s:t parallel with the South line of the said Sc~tI".~~
().tarter: 180.02 feet to the center of Day Drive: ~ SOI.1th Ol'\ ~d alon~ UII.:
~;o centerline: lOO~aO feet to a point, thenc~ ~st 180.07 feet tt. the plAce
0' be9inning. '.
A part. of the Sour....heast Qua..-eer of section 7, 'fQwn9hi.p 17 North, Ra71ge 4 Fa.qtl
described as follows:
Be.inq at :l point 559.3 feet East of the ~ comer of t:he Southeast Qua-ortex
of Se:t.ian 7, 'rO.m9hi.p 17 North, Ranqe 4 East; thence North'parallel 'With t.he
Wes1: line of said .~st Qu..'ttter lel.O feet to an iron &take; thenc~ East
parallel with the ~th !ine of .said Southeast QuartQr 180. 7 f~t to a ~int i:1
tM center of Day Drive; tl'ev:e scuth on and al..mg the said cent.erlir.e~ Hll..C feet
t~ a poi'lt. on the South line of said &JlJtheast Quarter: thence west on Mid alof19
the sa 1.~ South line T 80. lS feet to U.~e place of beginning.
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