HomeMy WebLinkAboutApplication
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DEVELOPMENTAL STANDARDS VARIANCE REQUEST
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
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RECEIVED
8fP 14 2001
DOCS
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APP
FEE: $450.00 for the first plus $50.00 for. each additional section of the ordinance
DOCKET NO.
DATE RECEIVED:
1) Applicant Insi~ht Engineering, Inc.
Address: 650 E.. Carmel Drive, Suite 310, Carmel, IN 46032
2)
Project Name: Shell Station
Phone: 870-0151
Inc. /D4.IItT)1I!o8ftti'hOne: 848-9040
I
Phone:
Engineer/Architect Insight Emdneering.
Attorney: N / A
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: Owner Agent
4) If Item 3) (c) is checked, please complete the following:
OWner of the property involved: EQuilon Enterprises
OWners address: 5405 W. 96th Street. Indpls., IN 46268
5) Record of Ownership:
Deed Book NoJlnstrument No. 9834341
Phone: 870-0151
Page:
Purchase date:
6-25-98
6) Common address of the property involved: 3202 E. 96th Street
Legal description: ~~~. At'T .<'Il'h~tl
Tax Map Parcel No.: -!.4-:QZ-04-08-0l0.000 .
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).
This location falls wi1l.hin the B3 zonin~ requirements. This ~art of the code
~'b
allows for one sign, 10 square feet & 5 feet tall. We propose to replace 2
signs that total 210 square feet with two signs that are 86 square feet. We ask
for a variance to permit two signs that are 43 square feet each and 6ft. 10" tall
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8) State reasons supporting the Developmental StandardsVariance: (Additionally; complete the attached question
sheet entitled "Findings of Fact-Developmental Standards Variance").
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The needs of the business to inform customers require more than one sign
at 10 square feet. By replacing 2 signs with 2 smaller, yet matching signs,
the site will have a more uniform look.
9) Present zoning of the property (give exact classification):
10)
Size of lot/parcel in question: .
1. 416
acres
11) Present use of the property: aasoline sales / convenience store / carwash
. 12) Describe the proposed use of the property: gasoline sales/convenience store/carwash
13)
Is the property: Owner occupied
xx
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 purpose of this 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: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Owner
NOTE:
LEGAL NOTICE shall be pUblished in the Noblesville Dailv Ledger a MANDATORY twenty-five (25) days prior to
the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspecnon the
nightof 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 property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
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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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Signed:
(Property Owner, AttOrJ:ley, or Power of Attorney) Date
Rob Roy, Engineer
(Please Print)
STATE OF INDIANA
S8:
County of Hamilton
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Hamil ton
(Notary Public's county of residence)
County, State of Indiana; personally appeared
Rob Roy .
(Property Owner, Attorney, or Power of Attorney)
and ackl10wledge the execution of the foregoing instrument this
day of
,+'~9 2001
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Notary Public-Signature
Herschel W. Roll
Notary Public-Please PHnt
My commission expires: J~ly 01.2008
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2) HAND DELNE~D 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)
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REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY 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 assianed until all supoortina 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 represen~tions of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance andlor the legal advice of hil?lher attorney.
I, Robin Mills , Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Rp-p- Attached
Auditor of Hamilton County, Indiana-Signature
Date
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CARMEUCLA Y BOARD OF ZONING APPEALS
CARMELf INDIANA
Docket No.:
Petitioner:
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 proposed sign height & size will not be detrimental since it is
essentially the same as the existing case. Also, the elimination of one
sign will give a clearer look.
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 adjacent areas will not be affected adversely'because the proposed sign
is similar to the existing. The new sign will have an updated look. which
will help values.
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:
The needs of the business to inform customers requires more than the code
allows. In addition, the existing signs could not meet current requirements.
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
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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).
s:\forms\devstand.app
Revised 07/14/97