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DOCKET NO.
DATE RECEIVED:
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS A
DEVELOPMENTAL STANDARDS VARIANCE REQU
(Sign Variance)
1) Applicant: Dan V oung Motors. LLC. an Indiana Limited Liability Company
Address: c/o DVe Realty. LLC. AI Voung. 7399 Shadel and Avenue. Suite 166.
Indianapolis. IN 46250
2) Project Name: Dan V oung Honda Used Car Bldg./BodyShop Phone: 317/846-6666 (AI V oung)
Engineer/Architect: Optima Architects-Chuck Kotterman Phone: 317/951-1010
Attorney: Charles D. Frankenberger
Phone: 317/844-0106
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
~) If Item (3) (c) is checked, please complete the following:
Owner of the property involved: Dellen Oldsmobile. Inc.
Owner's address: 3950 Priority Way South Drive. Suite 105. Indianapolis. Indiana 46240
5) Record of Ownership: See Exhibit "A" attached
Deed Book NO./Instrument No. Instrument #8517110 - Book 352. Page 491: Instrument
#8517111 - Book 352. Page 494
Page:
Purchase Date: November 7. 1985
6) Common address of the property involved: 4100 E. 96th Street. Indianapolis. IN 46280
(Building 1): 4140 E. 96th Street. Indianapolis. IN 46280 (Building 2)
Legal description: See Exhibit A
Tax Map Parcel No.: 16-14-08-00-00-022.103 (parcel A) and 16-14-08-00-00-022.003
(parcel B)
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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 "e"
9)
Present zoning of the property (give exact classification):
B-3
10) Size oflot/parcel in question: Approximately 14.32 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
Other Tenant
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.
Docket No. SI4-87: SUA-21-00: SUA-28-00: V-22-00: V-23-00: V-24-00: V-25-00:
V-26-00: V-27-00: V-29-00: V-30-00: V-31-00: V-32-00
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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:
N/A
Builder:
N/A
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
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. and subsequent owners of the real estate.
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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:
1) CERTIFIED MAll.. - 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 TWENfY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assigned until all SUODorting information has been submitted
to the Deoartment 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.
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AFFIDAVIT OF APPLICANT
I, Alan V. Young, on behalf of the Applicant, Dan Young Motors, 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
corrt~ct to the best of my knowledge and belief.
Applicant, DAN YOUNG MOTORS, LLC
An Indiana limited liability company
By: VAG Young, Inc.
An Indiana corporation (member)
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared Alan V. Young,
on behalf of the Applicant, Dan Young Motors, LLC, an Indiana limited liability company, and
~9knowledged the execution of the foregoing.
Residing in l'1iTfJ-J CJ/V
County, Indiana --IITM::T L - W fLU
Printed Name
A-u6l1.,sT
,2001.
WITNESS my hand and Notarial Seal this IOTf/ day of
My Commission Expires:
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CONSENT OF OWNER OF DELLEN OLDSMOBILE, INC.
The undersigned,
, the
of
(Name) Title
Dellen Oldsmobile, Inc., the owner of the real estate, hereby consents to this application and authorizes
Charles D. Frankenberger and the law firm of Nelson & Frankenberger to appear and represent them before
the Carmel Board of Zoning Appeals.
Owner, Dellen Oldsmobile, Inc.
By:
Name:
Title:
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PARCEL.: A
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:
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 corner 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 of320.00 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 25 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 ofsald 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:
Comtnencing at the Southwest corner of the Southwest Quarter of Sectioil 3, Township 17 North, Range 4 East;
thence North 90 degrees 00 minl1tes 00 seconds East (assumed bearing) on the South line of said Southwest
Quarter 1200.00 feet deed (1260.UO feet measured); 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 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 poi..t 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 ()O minutes 00 seconds East parallel with said South line 727.05 feet to the
Westerly right-of-way line of a roadway known as Bauer Drive East, per Street Dedication recorded October 19,
1979 in Miscellaneotl~ Record 159, pages 33 through 35 in the =~;:c :'~the Recorder of Hamilton County,
Indiana; thence North JO degrees 10 minutes 48 seconds West on said right-of-way line 371.52 ~:~~ 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
s~id right-of-way and curve an arc distance of274.76 feet to the point of tangency of said curve; thence South 89
degrees 51 minutes 41 seconds West on said right-at-way ilHt: and tangent "'mIl 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 ofa curve to the right having a radius'of
380.00 feet; thence SouthweSterly cUrViIlg to the right on said rigb~-or 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.
EXHIBIT
I A
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EXHmIT B
EXPLANATION OF REQUESTED
DEVELOPMENTALSTANDARDSVAEaANCE
The real estate which is the subj ect of this Sign Variance Request (hereafter "Variance Request")
contains a building located at 4100 E. 96th Street, Indianapolis, Indiana (hereafter "Building I") and a
building located at 4140 E. 96th Street, Indianapolis, Indiana (hereafter "Building 2"). Building 1 and
Building 2 are subject to the requirements and standards of Section 10-206 of City of Carmel Zoning
Ordinance, which pertains to special use signs.
The purpose of this variance request is to permit the Applicant to do the following:
(i) to remove an existing monument/ground sign located on the Building 2 property;
(ii) to remove another existing monument/ground sign located on the Building 1 property;
(iii) to replace the two (2)monument/ground signs which will be removed by two (2) new
monument/ground signs located on the western edge and eastern edge of the Building 1
property adjacent to 96th Street, as indicated on the enclosed plans; and
(iv) to construct various wall signs on Building 1, as indicated on the enclosed plans.
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EXHIBIT "C"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Dan Young Motors. LLC
FINDINGS OF FACT-DEVELOPMENTAL STANDARDSVAErrANCE
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 the Petitioner'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
purpose of the request is to provide location, directional and advertising information to Petitioner'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 Petitioner the ability to provide clear
and identifiable location, directional and advertising information to Petitioner's clients and
customers.
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DECISION
IT IS THEREFORE the decision of the Carmel/Clay 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
Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (petitioner or his representative to sign).
F:\User\Janet\Dan Young Chevy\Body Shop\Sign App
~UG-22-2e01 12:34
NELSON FR~KENBERGER
3178468782 P.06/08
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CONSENT OF OWNER 4140 E. 96'l' ~ET, LL.C.
The undersigned, A l C( ~ /fA Ct VI n . the ., v ~ ~ 5 e.. y.e -
'7.f-. ,(Name) Title
4140 E. 96'" ~ t.L.C., the owner of the real estate., hereby consents to this application and authorizes
Charles D. Frankenb~ and thelawfinn ofNelson & Frankenberger to appear and represent them before
the Cannel Board of Zoning Appeals.
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Owner, 4140 E. 96111 SINet, L.L.C.
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DULY ENTERED FOR ~TION
Subject to final acceptance for transfer
.ii!:Lday of . tLuj ,20Qt
l~ ~ Au or of Hamilton County
Parcel ~ /f4...14, 08- 00
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200100053308
Filed for Record
HAMILTON COUNTY,
MARY L CLARK
08-24-2001 10:17
WARR DEED 2
LIMITED LIABILITY COMPANY
WARRANTY DEED
THIS INDENTURE WITNESSETH, That 4140 E. 96th St., L.L.C.
("Grantor") an Indiana limited liability company, CONVEYS and
WARRANTS to 4140 E. 96th St., L.L.C., an Indiana limited liability
company, for the purpose of reconfiguring the description of the
attached described real estate from parcel I to parcel III and
parcel IV, all in Hamilton County, Indiana:
Exhibit A attached hereto and made a part hereof is the
former description.
Exhibit B attached hereto and make a part hereof is the
new description.
Send tax statements as currently directed.
Grantor certifies under oath that no Indiana Gross Income Tax
is due or payable at this time with respect to the transfer made by
this deed.
Subject to current taxes not delinquent, and all easements,
agreements and restrictions of record.
The individuals executing this instrument on behalf of Grantor
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represent and warrant their full corporate authority
IN WITNESS WHEREOF, the Grantor has executed this Deed this
~~day of August, 2001.
4140 E.
By: b
Alan Mann
Treasurer
STATE OF INDIANA
SS: ACKNOWLEDGMENT
COUNTY OF MARION
Before me, a Notary Public wi thin and for the State of
Indiana, duly commissioned and qualified, personally appeared Alan
Mann, in his capacity as Treasurer of 4140 E. 96th St., L.L.C., who
acknowledged the execution of the foregoing document and who,
having been duly sworn under the penalties of perjury, stated that
he is authorized to execute this Limited Liability Company Warranty
Deed on behalf of the L.L.C. I'Ld,_f
WITNESS my hand and Notarial Seal this t- L.. day of _~~"
2001.
My commissirn ~Pires:
Iv 1..- 06
pri~~r f'3c~s,",llle>,
A resident of ~/! .f-vi/'.
County, Indiana.
Prepared by Kent Emswiller, Attorney at Law.
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EXHIBIT A
Legal Description
PARCEL 1-. OlD DESCRIPTION"
A part of the South Half of the Southwest Quaner of Section 8, Township 17 North, Range 4 East of me Second Principal
Meridian in Clay Township of Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest comer of the Southwest Quaner of Section 8, Township 17 North, Range 4 East of me
Second Principal Meridian in Clay Township of Hamilton County, Indiana; thence North 90 degrees 00 minutes 00
seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a point being on the East line of Lalceshore
Drive East extended; thetice North 00 degrees 00 minutes 00 seconds East along said extended right-of-way line 55.00 feet
to aniroD pin on the North right-of-way line of East 96th Street and the POINT OF BEGINNING of the following .
described real estate;
thence North 90 degrees 00 minutes 00 seconds East parallel with the south line of said quarter section 596.15 feet to a PK
Nail; thence North 00 degrees 10 minutes 50 seconds East 487.20 feet to a PK Nail; thence North 90 degrees 00 minutes
00 seconds East parallel with said south line 184.30 feet to an iron pin on the West right-of-way of Bauer Drive East as
recorded in Miscellaneous Record 159, pages 33-35 in the Office of the Recorder of Hamilton County, Indiana; thence
North 00 degrees 10 minutes 48 seconds West along said right-of-way 167.64 feet to an iron pin at the point of curvature
of a curve to the left having a radius of 175.00 feet and a long chord which bears North 45 degrees 09 minutes 32 seconds
West 247.40 feet from said point; thence along said curve to the left an arc distance of274.76 feet to an iron pin at the
point of tangency thereof; thence South 89 degrees S 1 minutes 41 seconds West along said right-of-way 493.84 feet to an
iron pin on the East right-of-way of Lakeshore Driye East; thence South 00 degrees 08 minutes 19 seconds East along said
right-of-way 337.90 feet to an iron pin at the point of curvarure of a curve to the right having a radius of380.00 feet and a
long chord which bears South 12 degrees 48 minutes 37 seconds West 170.30 feet from said point; thence along said curve
to the right an arc distance of 171.76 feet to an iron pin at the point of tangency thereof; thence South 2S degrees 45
minutes 35 seconds West along said right-of-way 100.00 feet to an iron pin at the point of curvature of a curve to the left
having a radius of320.00 feet and a long chord which bears South 12 degrees 52 minutes 47 seconds West 142.66 feet
from said point; thence along said curve to the left an arc distance of 143.87 feet to an iron pin at the point of tangency
thereof; thence South 00 degrees 00 minutes 11 seconds East along said right-of-way 95.00 feet to the Point of Beginning.
Containing 11.25 Acres, more or less.
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A part ofthe South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East e Se~on'f. II.::!!.
- Principal Meridian in Clay Township of Hamilton County, Indiana, being more particularly descri s fOIlO'OOCS "VV/
Commencing at the Southwest comer of the Southwest Quarter of Section 8, Township I 7 North, Ra East of the
Second Principal Meridian in Clay Township of Hamilton County, Indiana; thence North 90 degrees es 00
seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a point being on the East lin 9
Lakeshore Drive East extended; thence North 00 degrees 00 minutes 00 seconds East along said extended right-
line 55.00 feet to an iron pin on the North right-of-way line of East 96th Street and the POINT OF BEGINNING of the
following described real estate;
EXHIBIT B
PARCEL III - "NEW DESCRIPTION"
thence North 90 degrees 00 minutes 00 seconds East parallel with the south line of said quarter section and along said
North right-of-way line 352.92 feet to an iron pin; thence North 00 degrees 00 minutes 07 seconds West 652.34 feet to
a point; thence South 89 degrees 59 minutes 53 seconds West 12.48 feet to the southwest comer ofa masonrywall;
thence North 00 degrees 00 minutes 07 seconds West along said masonry wall and the northern extension thereof a
distance of 176.3 I feet to an iron pin on the South right-of-way of Bauer Drive East as recorded in Miscellaneous
Record 159, pages 33-35 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 51
minutes 41 seconds West along said right-of-way 228.21 feet to an iron pin on the East right-of-way of Lakeshore
Drive East; thence South 00 degrees 08 minutes 19 seconds East along said right-of-way 337.90 feet to an iron pin at
the point of curvature of a curve to the right having a radius of 380.00 feet and a long chord which bears South 12
degrees 48 minutes 37 seconds West 170.30 feet from said point; thence along said curve to the right an arc distance of
171.76 feet to an iron pin at the point of tangency thereof; thence South 25 degrees 45 minutes 35 seconds West along
said right-of-way 10000 feet to an iron pin at the point of curvature of a curve to the left having a radius of 320.00 fe~t
and a long chord which bears South 12 degrees 52 minutes 47 seconds West 142.66 feet from said point; thence along
said curve to the left an arc distance of 143.87 feet to an iron pin at the point oftangency thereof; thence South 00
degrees 00 minutes 11 seconds East along said right-of-way 95.00 feet to the Point of Beginning.
Containing 5.26 Acres, more or less.
PARCEL IV - "NEW DESCRIPTION"
A part of the South Half ofthe Southwest Quarter of Section 8, Township 17 North, Range 4 East of the Second
Principal Meridian in Clay Township of Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest comer of the Southwest Quarter of Section 8, Township 17 North, Range 4 East of the
Second Principal Meridian in Clay Township of Hamilton County, Indiana; thence North 90 degrees 00 minutes 00
seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a point being on the East line of
Lakeshore Drive East extended; thence North 00 degrees 00 minutes 00 seconds East along said extended right-of-way
line 55.00 feet to an iron pin on the North right-of-way line of East 96th Street; thence North 90 degrees 00 minutes 00
seconds East parallel with the south line of said quarter section and along said North right-of-way line 352.92 feet to an
iron pin at the POINT OF BEGINNING of the following described real estate;
thence continue North 90 degrees 00 minutes 00 seconds East along said North right-of-way line 243.23 feet to a PK
Nail; thence North 00 degrees 10 minutes 50 seconds East 487.20 feet to a PK Nail; thence North 90 degrees 00
minutes 00 seconds East parallel with said south line 184.30 feet to an iron pin on the West right-of-way of Bauer
Drive East as recorded in Miscellaneous Record 159,- pages 33-35 in the Office of the Recorder of Hamilton County,
Indiana; thence North 00 degrees 10 minutes 48 seconds West along said right-of-way 167,64 feet to an iron pin at the
point of curvature of a curve to the left having a radius of 175.00 feet and a long chord whicn bears North 45 degrees
09 minutes 32 seconds West 247.40 feet from said point; thence along said curve to the left an arc distance of274.76
feet to an iron pin at the point of tangency thereof; thence South 89 degrees 51 minutes 41 seconds West along said
right-of-way 265.62 feet to an iron pin; thence South 00 degree 00 minute 07 seconds East 176.31 feet to the southwest
corner of a masonry wall; thence North 89 degrees 59 minutes 53 seconds East 12.48 feet to a point; thence South 00
degrees 00 minutes 07 seconds East 652.34 feet to the Point of Beginning.
Containing 5.99 Acres, more or less.