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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
SPECIAL USE APPROVAL REQUEST
DOCKET NO.
DATE RECEIVE
Applicant:
Address:
O'Brien Holdings, LLC
5102 N. Keystone Avenue
Indianapolis, IN 46205
Attn: Thomas P. Miller
1)
2) Proiect Name: East 96th Street Auto Park
Engineer/Architect: Robert Hurst
Phone: 255-8064
3) Applicant's Status: Applicant is the title holder of all of the real estate.
4) Owner of the property involved: O'Brien Holdings, LLC
Owner's address: 5102 N. Keystone Avenue, Indianapolis, IN 46205
5) Record of Ownership:
Instrument No. 200100000288, Recorded January 2,2001
6) Common address of the property involved: 4630 East 96th Street, Indianapolis, IN 46240
Legal description: See Exhibit ''A''
Tax Map Parcel No.: 16-14-08-00-05-002.000
7) State explanation of requested Special Use: See Exhibit ''B''
8) State reasons supporting the Special Use request: (Additionally, complete the attached
question sheet entitled "Findings of Fact") See Exhibit "C"
9) Present zoning of the property (give exact classification): B-3 Business District
1 0) Present use of the property: Unimproved and undeveloped real estate
11) Describe the proposed use of the property: Automobile sales and service
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12) Is the property:
Owner occupied X
Renter occupied
Other -
13) Are there any restrictions, laws, covenants, variances, special uses, or appeals fil~d 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.
A special use for automobile sales and service was approved on the 26th day of June. 2000.
under docket Numbers SU-53-00: SU-54-00: and SU-55-00.
14) 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
15) If proposed appeal is granted, when will the work commence?
Immediately following approval
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 each Applicant and subsequent
Owners of the real estate.
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NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Lede:er a MANDATORY twenty-five (25) days
prior to the public hearing date and should be published in the next available publication date of The Noblesville Times.
The certified "Proof of Publication " affidavit 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 bekeptforverification 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 assie:ned until all SUODortine: information has been
submitted to the Deoartment of Community DeveloDment.
The applicant certifies by signing this application that he/she has been advised that all representations of the
Department of Community Development 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 EXHIBIT D
FOR LIST OF PROPERlY OWNERS AND ADDRESSES SEE EXHIBIT D-l.
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AFFIDAVIT OF APPLICANT
I, the undersigned, as ~7)V'4-~ of O'Brien Holdings, LLC, the applicant in the
involved Application, hereby swear that the foregoing signatures, statements and answers herein contained
and the infonnation herewith submitted are in all aspects true and correct to the best of my knowledge and
belief.
Dated: ,/8 If) J
J~ 1: O'~
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(Name)
~T1II.Qe...I
(Title)
STATE OF INDIANA )
) SS:
COUNlY OF MARION )
Before me, aN9tary Public, in and for said County and State, appeared~ ~ ~ ~
as />~ICIen-/ of O'Brien Holdings, LLC, the Applicant herein, and
acknowledged the execution of the foregoing Application.
Witnesseth my hand and seal this 8.J; day of ~
,2001.
My Commission Expires: ~ ./", ;J.DOI
County of Residence: ~
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~a:.~
Notary PublIc
Printed: (JUPIIH IJ. HEII/UII{
F:\User\JIIDCt\OBrien\SU Appln
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EXHIBIT "A"
Le2s1 Description
Lot Numbered 2 in East 96th Street Auto Park, an addition in the City
of Carmel, in Hamilton County, Indiana, as per plat thereof recorded
as Instrument No. 200100000285, in the office of the Recorder of
Hamilton County, Indiana.
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EXHIBIT "B"
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS SIGN VARIANCE
The Applicant requests an amendment to a previously granted Special Use, to pennit changes to the
approved building, per the plans filed herewith.
F:\UsetJlIIIet\OBrien\SU Appln
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EXHmIT "C"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: O'Brien Holdings. LLC
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not
apply.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning
district and Cannel/Clay Comprehensive Plan because the proposed use has already been approved as a
special use, and the Applicant is only requesting a change to the building.
3. The Special Use is physically suitable for the land in question because the proposed use has
already been approved as a special use, and the Applicant is only requesting a change to the building.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values
because the proposed use has already been approved as a special use, and the Applicant is only requesting
a change to the building.
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 the proposed
use has already been approved as a special use, and the Applicant is only requesting a change to the building.
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 gl3I1ting of the Special Use. True.
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).
F:\User\Janet\OBrien\SU Appln
06<07/01 14:15 FAX 3176396444
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WOODEN & McLAU~HLIN LLP
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WOODEN & MCLAUGHLIN LLP
1600 CAPITAL CENTER SmITH · 201 NORTH ILUNOIS STREET
INDIANAPOLIS, INDIANA 46204
TELEPHONE (317) 639-6151 · FAX (317) 639-6444
DATE: June 7, 2001
TO: Jim Shinaver
TELECOPIER #: 846-8782
CUENT -MA ITER #: 7564/0001
FROM: Ron Salatich
OPERATOR: Ron Salatich
TOTAL PAGES TRANSMITTED: 2 (including this cover sheet)
DOCUMENT DESCRIPTION:
Deed to O'Brien Holdings
COMMENTS: Jim:
Here is a copy of the recorded deed for Lot 2 - 96th Street Auto Park.
Ron
CONFIDENTIALITY NOTICE: THE INFORMATION IN THIS TRANSMISSION IS PRIVATE,
CONFIDENTIAL, MAY BE LEGALLY PRIVILEGED, IS THE PROPERTY OF THE SENDER AND IS
INTENDED SOLELY FOR THE USE OF THE ADDRESSEE. IF YOU ARE NOT THE ADDRESSEE, YOU
SHOULD NOT READ, DISCLOSE, DISTRIBUTE, COPY, USE, OR RELY UPON THE INFORMATION
CONTAINED IN TmS TRANSMISSION. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR,
PLEASE NOTIFY WOODEN & McLAUGHLIN LLP IMMEDIATELY AT 317-639-6151.
90104-1
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06/07/01 14:17 FAX 3176396444
WOODEN & McLAUGHLIN LLP
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-JAN-04-2001 THU 03:03 PM MORG~ ASSOCIATES FAX NO. 311?~444
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00294575 \.:::', ,~.I) U
LIMITEl) LIABIT,JITY COMPANY WARRANTY ,DEED
This I/ldentu.re Witnessetl1, That DYC Rl]}).lrTY, LLC , AN INDIANA LIMITED
r.,IATu:r..ITY COMPANY
(Grantor), n limited liability COll1pal~ organi2\ecL and existing under tbe law$ of the State of
INoIl\NA . Conveys and V't'(1,rra'~ts to 0' BRIEN HOLDINGS, LLC , AN INDIANA.
LIMI'!'ED LIJ\BILI'l')." COMPANY
(Grantee) of :HAMILTON Counly, in the Stnte of INDIJ\N1\ ,for the sum of Ten &.
00/100 Dollnt's ($10.00) and other valuahle consideration. the recei~t of which is hereby acknowledged, .
the followIng described real e.~l.ale in H1\MII/l'ON County. m the State of IN
("Renl Estute"):
~OT NUMBERED 2 IN EAST 96TH STREET AUTO PARK AN ADDITION IN THS
CI'!'Y OIi' CARMEL, IN HJ\.MIU.rON COUNTY, INRIANA. AS PER PLA't'
TH~REOF RECORDED hS INSTRUM~N~ NUMOER~_. IN THE
OFFICE OF THE RECORDER. OF l{hMIL'l'ON COUNTY., .INDIANA.
THIS DEEP ~IAS BEEN GIVEN PURSUANT TO INS"l'RUCTIONS BY JUDITH;,,(,OVSRTURF,
QUhLIPI!:::D BXCHANGE J:N'l'SRMEOrARY. ' .~~?~gu~g~2R~cord 1n
. . . HAMILTON COUNTY, INDIANR
SIlI~/cc( 10 Hie Spring Installment of Real F..st4rc Taxes due lint! payable in MARY L CI.ARK
May 20CH l\oll Elll1axes pHyabte thcrcnftcL'. SAR~2Df~gl 0310r4~~O
. Sll.bjef." To. ~C\Y ~~. .l!-~!_,e~~l'i1e~ts".agreemcnls, and reslrictiollll or record, 11u~ adcIr~ss
of such rtaJ estale is commonly known as: 4630 E1\.s'r' Sl6TH STR,EET."INDIANAPOLIS ,. IN.' .- ".
-lG240
T<lX blll.~ ShOllld be sent to Grantee at such addrc~g unless otherwise indicated below.
The u,ndersigned person executing rhis deed on behalf of Grl1ntor represents and certifies
lhat [he/she] is n duly elected managing member of Grantor and has been rully empowered, by
proper rCRolutjon of the managcl's of Crantor 10 execute and deliver this deed; lhnt Grantor has
full capacilY to convey tho Rcal Est.."\tc described herein; and rhat all necessary action for ('he
making of such conveyance has been taken and done.
111 'WiLness Whereof, Grantor has caused tllis deed to he executed this deed
this 28 day of DECEMBER, 2000.
DYC REA.I.TY, LLC , AN INDIAN1\. LIMITED
IJIJ\.BILI'1'Y COMPANY
DULY ENTERED FOR TAXATION
Subject,to final acceptance for transfer
::J-,day of . ~__, 20(:)(
,e~ ~.v Audrtor of Hamilton County
Parcel #. / " - N... OS -Of) - 0 s-- tbP' ,eoo
Sl'^'ffl~ O}t' INDIANA, HAMILTON COU1\TTY ss:
ACKNOWLltDGEMRNT
Before me, a NOlary Pllblic in <,"d for the said County and St.ate, persoT1ally appeared
AI.J.\N V. YOUNG . the MEMBER of Dye REAT..'r~, l,Lt:
. a(n) limited linbiliLy
company. who acknowledged the execution of the forcgcingdeed as ~uch rnttnbcr acting fOT and
on l'eh~l1f of said Granl(lr, at\u who, having becn duly sworn.. slilted that any representations
th~Tein CllnLaillcu arc tnlc. .
.' .
. Wilness my hand and notHrial,~eallhis 2R day of DnC7~?UR.
M misslon Rxpi\'c~ Signature Wi
,~~.. ~ rubllc
;:!(, . ~. . 1'IJlI Prinll.~(]
\""1~') r:1 Cel'lmllli.. liplr..: 11/11,. ,
~ If, CIUJl! G( B.lidllll:l iI; Thl'll".. Rcsidh1g in _.~_
Scnu ta.lC bills to: 5~25 SUNSET LANE, IN))IANA1?OU~, INDIANA
, This doctlll\Cnt propnrcd by: Wndc R. Nichols. Mtornc)' at T,aw
.. . , . .. .. . Mot.gan & Associ::lTes, Inc,
, . 840 Logan Street.
Nohlcsvillc, IN 46060.
~Of ;J~
Co" Indhml\
46228