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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA /f;---:-'
APPLICATION FOR BOARD OF ZONING APPEALS ACTI/~)~2\"
SPECIAL USE APPROVAL REQUEST ~tj/ ~~ ~
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DOCKET NO, DATE RECEIVED: ~;!\ '""tI~ VI
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: D. Young Chevrolet Body Shop
Phone No, 317-846-6666 (AI Young)
Engineer/Architect: Optima Architects
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: Prospective Operator
4) If Item (3) (c) is checked, please complete the following:
Owner of the property involved: Dellen Oldsmobile. Inc.
Owner's address: 4140 E. 96th Street. Indianapolis IN 46280
5) Record of Ownership:
Deed BookNo. Inst. #8517110 -Book352. page491. Inst. #8517111-Book352. page 494
Page:
Purchase Date: November 7. 1985
6) Common address of the property involved: 4100 E. 96th Street. Indianapolis IN 46280
(hereafter "Building 1 "): 4140 E. 96th Street. Indianapolis IN 46280 (hereafter "Building 2")
Legal description: See Exhibit A
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Tax Map Parcel No.: 16-14-08-00-00-022.103 (hereafter "Parcel A")
16-14-08-00-00-022.003 (hereafter "Parcel B")
7) State explanation of requested Special Use: See Exhibit "B"
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
10) Present use of the property: Automobile sales. service and repair
11) Describe the proposed use of the property: Automobile sales. service and repair
12) Is the property:
Owner occupied
Renter occupied by Applicant
Other
13) 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.
Docket No. S-14-87: Building 1 SUA-28-00: V-29-00: V-30-00: V-31-00 and V-32-00
granted 7-24-00: Building 2 SUA-21-00: V-22-00: V-23-00: V-24-00: V-25-00 and V-26-00
granted 7-24-00
14) 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
15) If proposed appeal is granted, when will the work commence?
Immediately following anproval
16) 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.
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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 THE RESPONSffiILITY 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, 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.
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AFFIDAVIT OF APPLICANT
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)
By:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
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 td!l day of ~ Q re-k
, 2001.
Residing in
My Commission Expires:
Consent ~f Owyr of Dellen Oldsmobile, Inc.
The undersigned, ,/ JJ ~ U f ) (title) of Dellen
Oldsmobile, Inc., the owner of the real estate, hereby tonsents to this Application and authorizes
Charles D. Frankenberger to appear and represent them before the Carmel Board of Zoning Appeals.
(name/title)
: PARCEL A \
Legally Qescribed as follows:
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Part of the South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning at a point on the south line of the Southwest Quarter of Section 8, Township 17 North, Range 4 East
1200.00 feet deed (1260.00 feet measured) North 90 degrees 00 minutes 00 seconds East (assumed bearing)
from the Southwest comer of said Southwest Quarter, said point being also the intersection of said South line
and the Southerly prolongation of the Easterly right-of-way line of Lake Shore Drive; thence North 00 degrees
00 minutes 00 seconds on said right-of-way line 150.00 feet to the point of curvature ofa curve to the right
having a radius of 320.00 feet; thence Northeasterly curving to the right on said curve and right-of-way line an
arc distance of 143.87 feet to the point of tangency of said curve; thence North 2S degrees 45 minutes 35
seconds East on said right-of-way line and tangent with said curve 54.68 feet; thence North 90 degrees 00
minutes 00 seconds East parallel with said South line 727.05 feet to the Westerly right-of-way line ofa roadway
known as Bauer Drive East, per Street Dedication recorded October 19, 1979 in Miscellaneous Record 159,
pages 33 through 35 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 10
minutes 46 seconds East on said Westerly right-of-way line 338.32 feet to the South line of said Southwest
Quarter; thence South 90 degrees 00 minutes 00 seconds West on said South line 783.68 feet to the place of
beginning, containing 6.000 acres, more or less.
PARCEL B
Legally described as follows:
Part of the South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Clay
.Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest comer of the Southwest Quarter of Section 8, Township 17 North, Range 4 East;
thence North 90 degi- ';5 00 minutes 00 seconds East (assumed bearing) on the South line of said Southwest
Quarter 1200.00 feet deed (1260.00 feet measured); said point being also th,-, intersection of said South line and
the Southerly prolongation of the Easterly right-of-way line of Lake Shore Drive; thence North 00 degrees 00
minutes 00 seconds on said right-of-way line 150.00 feet to the point of curvature ofa curve to the right having a
radius of320.00 feet; thence Northeasterly curving to the right on said curve and right-of-way line an arc stance
of 143.87 feet to the point of tangency of said curve; thence North 25 degrees 45 minutes 35 seconds East on
said right-of-way line and tangent with said curve 54.68 feet to the place of beginning of the within described real
estate; thence North 90 degrees 00 minutes 00 seconds East parallel with said South line 727.05 feel to the
Westerly right-of-way line of a roadway known as Bauer Drive East, per Street Dedication recorded October 19,
1979 in Miscellaneous Record 159, pages 33 through 35 in the Office of the Recorder of Hamilton County,
Indiana; thence North 00 degrees HJ minutes 48 seconds West on said right-of-way line 371.52 feet to the point
of curvature in said right-of-way line having a radius of 175.00 feet; thence Northwesterly curving to the left on
said right-of-wa} 1nd curve an arc distance of 274. 76 feet to the r '.,t of tangency of said curve; thence South 89
degrees 51 minutes 41 seconds West on said right-of-way line and tangent with said curve 493.83 feet to the
Easterly right-of-way line of aforesaid Lake Shore Drive; thence South 00 degrees 08 minutes 19 seconds East
on said Easterly right-of-way line 337.90 feet to the point of curvature of a curve to the right having a radius of
380.00 feet; thence Southwesterly curving to the right on said right-of-way and curve an arc distance of 171.76
feet to the point of tangency of said curve on a line which bears North 25 degrees 45 minutes 35 seconds East
from the place of beginning; thence South 25 degrees 45 minutes 35 seconds West on said right-of-way line
45.32 feet to the place of beginning, containing 8.32 acres, more or less.
EXHIBIT
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EXHIBIT B
EXPLANATION OF SPECIAL USE REQUEST
The purpose of this proposed amendment to a special use permit is to allow the Applicant to
enlarge a building located at 4100 East 96th Street, Indianapolis, Indiana (hereafter "Building 1") to
accommodate automobile body repairs. The real estate, which is the subject of this application, was
previously granted a special use on March 8, 1987, pursuant to Docket No. S-14-87, permitting
automobile sales and services. On July 24, 2000, Building 1 was granted the following special use
amendments and variances: SUA-28-00; V-29-00; V-30-00; V-31-00; and V-32-00. The revisions
to Building 1 are depicted and set forth in Exhibit "0" - Proposed Site and Landscape Plan, Exhibit
"E" - Proposed Floor Plan and Exhibit "F" - Proposed Exterior Building Elevations.
In addition to Building 1, there is also another building on this real estate located at 4140 East
96th Street, Indianapolis, Indiana (hereafter "Building 2"). Building 2, which currently is occupied
by a Honda dealership, obtained the following special use and variance approvals: SUA-21-00; V-
22-00; V-23-00; V-24-00; V-25-00 and V-26-00. This most recent application to amend a special
use permit does not affect Building 2, and Building 2 shall remain the same in all respects.
F:\UserIMARGIE\Young\uag su application.wpd
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EXHIBIT "C"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: UAG Oldsmobile of Indiana. 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 Permitted Land Use of the zoning district
and Carmel/Clay Comprehensive Plan because automobile sales and services are oermitted special uses under
the B-3 Business District and are presumed to be aoorooriate uses. These uses were oreviouslv aooroved on
March 8. 1987 under docket number S14-87 and amended on Julv 24.2000. (i) for Building 1 oursuant to
Docket Numbers SUA-28-00: V-29-00: V-30-00: V-31-00 and V-32-00 and (m for Building 2 Docket
Numbers SUA-21-00: V-22-00: V-23-00: V-24-00: V-25-00 and V-26-00. This soecial use request is merely
a reauest to modify Building L only. to accommodate an automobile body repair shop per aoproved olans.
3. The Special Use is physically suitable for the land in question because automobile sales and services
are oermitted soecial uses under the B-3 Business District. are presumed to be aoorooriate uses. These uses
were oreviouslv aooroved on March 8. 1987 under docket number S 14-87 and amended on Julv 24. 2000. (i)
for Building 1 oursuant to Docket Numbers SUA-28-00: V -29-00: V -30-00: V -31-00 and V -32-00 and (ii)
for Building 2 DocketNumbers SUA-21-00: V-22-00: V-23-00: V-24-00: V-25-00and V-26-00. This soecial
use reQuest is merely a reQuest to modify Building 1. only. to accommodate an automobile body reoair shoo
per aooroved olans.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because
automobile sales and services are oermitted special uses under the B-3 Business District. are oresumed to be
aoorooriate uses. These uses were oreviouslv aooroved on March 8. 1987 under docket number S 14-87 and
amended on Julv 24. 2000. (i) for Building 1 pursuant to Docket Numbers SUA-28-00: V-29-00: V-30-00:
V -31-00 and V -32-00 and (ii) for Building 2 Docket Numbers SUA-21-00: V -22-00: V -23-00: V -24-00: V -25-
00 and V-26-00. This soecial use reauest is merely a reauest to modify Building L only. to accommodate an
automobile body reoair shoo oer aooroved olans.
5. 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 oermitted soecial uses under the B-3
Business District. are oresumed to be aoorooriate uses. These uses were oreviouslv aooroved on March 8.
1987 under docket number S14-87 and amended on Julv 24.2000. (D for Building 1 oursuant to Docket
Numbers SUA-28-00: V -29-00: V -30-00: V -31-00 and V -32-00 and (m for Building 2 Docket Numbers SUA-
21-00: V-22-00: V-23-00: V-24-00: V-25-00 and V-26-00. This soecial use request is merelva reQuest to
modify Building 1. only. to accommodate an automobile body reoair shoo oer aooroved olans.
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.
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DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Special Use
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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EXISTING BUILDING * 1
EXISTING BUILDING * 2
(HONDA BUILDING)
NEW Elrs mUSH SYSTEIl
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