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HAMILTON COUNTY, INDIANA '~>\ VCS t{?t" /<";,'
APPLICA TION FOR BOARD OF ZONING APPEALS ACTION /~
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AMENDMENT TO SPECIAL USE APPROVAL '~l~~{It.S)>/
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CITY OF CARMEL - CLAY TOWNSHIP
DOCKET NO. 'SLJA. liP Z -Q I
DATE RECEIVED:
1) Applicant: D. Young Chevrolet LLC. an Indiana limited liability company
Address: c/o DYC Realty. LLC - Al Young. 7399 Shadeland Avenue. Suite 166.
Indianapolis. IN 46250
2) Project Name: Dan Young Chevrolet
Phone No. 317-846-6666 (Lenny George of Dan Young Chevrolet)
Engineer/Architect: Architura - Chuck Kotterman
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
~ (c) Other: Tenant
4) IfItem (3) (c) is checked, please complete the following:
Owner of the property involved: Young Realty Company. LP
Owner's address: c/o Al Young. 7399 Shadeland Avenue #166. Indianapolis IN 46250
5) Record of Ownership:
94-37282: 94-37283: 94-37284: 96-27921: 97-01712
6) Common address of the property involved: Northeast comer of Keystone Avenue and
96th Street
Legal description: See Exhibit A
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Tax Map Parcel No.: 16 14-07-04-08-002-000: 16 14-07-04-08-0002-000:
16 14-07-04-08-002-001: 16 14-07-04-08-002-002: 16 14-07-04-08-003-000:
16 14-07-04-08-008-000: and 16 14-07-04-08-009-000
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 "c"
9) Present zoning of the property (give exact classification): B-3
1 0) 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 bv 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.
Applicant filed an ADLS petition (Docket No. 46-01-ADLS) on March 30. 2001 regarding
this Real Estate. which ADLS application was previously approved. On November 30.2001.
applicant then filed an Amended Application for ADLS approval to amend approval 46-01-
ADLS. The Amended ADLS application will be presented to the Plan Commission on
January 15. 2002. The Applicant also previously filed a Special Use Application for this
Real Estate on May 11. 2001. identified as Docket No. SUA-71-0l. which Special Use
Application was approved. The Applicant now desires to amend the special use approval
identified as Docket No. SUA-71-01. pursuant to this application and the plans and drawings
filed herewith.
14) Has work for which this Application is being filed already started? If answer is yes, give
details: No
Building Permit Number: NI A
Builder: NI A
15) If proposed appeal is granted, when will the work commence?
Immediatelv following approval
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16) If the proposed appeal is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
The APVlicant. its successors and assigns. lessees of the Applicant and subsequent owners
of the real estate.
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 RESPONSIBILITY OF THE
APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25)
DA YS 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 hislher
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.
H:\Janet\Dan Young Chevy\SU App\SU App. 12140l.wpd
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I, the undersigned, to the best of my knowledge and bel ief, subm it the above information as true and correct.
By: NELSON & FRANKENBERGER
Law Firm Representing Applicant
Date: December 14,2001
H:\JanetIDan Young ChevylSU ApplSU App. 12140l.wpd
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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 swearthatthe 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: UAG Young, Inc.
An Indiana corporation (member)
By:
Alan V. Young, President
ofUAG Young, Inc.
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 _ day of
, 2001.
My Commission Expires:
, Notary Public
Residing in
County, Indiana.
H:VanetlDan Young ChevylSU ApplSU App. 12140l.wpd
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OWNER CONSENT
The owner hereby consents to this Application and authorizes Charles D. Frankenberger and the law
firm of Nelson & Frankenberger to appear and represent the Applicant and owner before the Carmel Board
of Zoning Appeals.
By: Young Realty Company L.P.
Jan Chenoweth, "Manager" for Young Realty
Co., L.P.
H:VanellDan Young ChevylSU ApplSU App. 121401.wpd
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EXHIBIT "A"
LEGAL DESCRIPTION
Part of the South Half ofthe Southeast Quarter of Section 7, Township 17
North, Range 4 East ofthe Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southeast comer of the South Half of the Southeast
Quarter of Section 7, Township 17 North, Range 4 East of the Second
Principal Meridian, in Hamilton County, Indiana; thence North 00 degrees 04
minutes 29 seconds East (assumed bearing) on the East line of said Southeast
Quarter 331.66 feet to the PLACE OF BEGINNING of the within
described real estate; thence North 89 degrees 57 minutes 00 seconds West
parallel with the South line of said Southeast Quarter 162.33 feet; thence
North 00 degrees 04 minutes 29 seconds East parallel with the East line of
said Southeast Quarter 83.34 feet; thence North 89 degrees 57 minutes 00
seconds West parallel with said South line 209.62 feet; thence North 00
degrees 04 minutes 29 seconds East parallel with said East line 145.00 feet;
thence North 89 degrees 57 minutes 00 seconds West parallel with said South
line 101.00 feet; thence South 00 degrees 04 minutes 29 seconds West parallel
with said East line 560.00 feet to the South line of said Southeast Quarter;
thence North 89 degrees 57 minutes 00 seconds West on the South line of
said Southeast Quarter 411.97 feet to a point that is 437.00 feet South 89
degrees 57 minutes 00 seconds East from the Southwest comer of the East
Half of said Southeast Quarter; thence North 00 degrees 03 minutes 00
seconds 240.00 feet; thence North 89 degrees 57 minutes 00 seconds West
parallel with said South line 263. I 7 feet to the Easterly Limited Access Right-
of- W ay line of Indiana State Road No. 43 I (known locally as Keystone
Avenue); thence North 00 degrees 00 minutes 00 seconds East on said
Limited Access Right-of-Way line 584. I 8 feet; thence South 89 degrees 53
minutes 32 seconds East 1148.96 feet to a stone with a "cross" on the East
line of said Southeast Quarter that is 823.02 feet North 00 degrees 04 minutes
29 seconds East of the Southeast comer of said Southeast Quarter; thence
South 00 degrees 04 minutes 29 seconds West on said East line 491.36 feet to
the place of beginning, containing 15.733 acres, more or less.
Subject to all legal easements and rights-of-way.
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EXHIBIT B
EXPLANATION OF AMENDMENT TO SPECIAL USE REQUEST
The purpose of this amendment to special use request is to permit the Applicant to make certain
renovations to existing buildings. In this regard, Applicant filed an ADLS petition (Docket No. 46-01-
ADLS) on March 30, 200 I regarding this Real Estate, which ADLS application was previously approved.
On November 30, 2001, Applicant then filed an Amended Application for ADLS approval to amend
46-01-ADLS. The Amended ADLS application will be presented to the Plan Commission on January 15,
2002.
The Applicant also previously filed a Special Use Application for this Real Estate on May 11,200 I,
identified as Docket No. SUA-71-01, which Special Use Application was approved. The Applicant now
desires to amend the special use approval identified as Docket No. SUA-71-01, pursuant to this application
and the plans and drawings filed herewith.
(a) New Car Sales Building: Per the approvals for 46-01-ADLS and SUA-71-01, the new car sales
building was proposed to be enlarged from 62,700 square feet to 82,140 square feet, for a total
enlargement of 19,440 square feet. After much consideration, the Applicant now desires to forego
the 19,440 square foot enlargement to the new car sales building. However, the Applicant does
desire to make other renovations to the new car sales building. Such renovations will be consistent
with previously approved architecture and design. Water and sewer is provided by the City of
Carmel for each building.
(b) Used Car Sales Building: Per the approvals for 46-01-ADLS and SUA-71-01, the used car sales
building was reduced from 19,600 square feet to 9,000 square feet. Of this 9,000 square feet, 6,000
square feet was the building and 3,000 square feet was a canopy. The Applicant now desires to add
a 3,000 square foot addition to the north side of this used car sales building. Thus, the total size of
the used car sales building would now be 12,000 square feet. This proposed amendment will also
result in a reconfiguration of the parking area which serves this building. The addition to this
building will be consistent with the previously approved architecture and design.
(c) Landscaping: Pursuant to 46-0 I-ADLS and SUA-71-0 I, a new landscape plan was approved. Due
to the reconfiguration of the parking lot contemplated by the proposed changes, some of the
landscaping which was proposed pursuant to 46-01-ADLS and SUA-71-01 is now eliminated.
However, an equivalent amount of landscaping will be replaced to compensate for the eliminated
landscaping.
H:\JanetIDan Young ChevylSU ApplSU App. 12140l.wpd
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EXHIBIT "c"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: DaD Y 0002 Chevrolet. LLC
FINDINGS OF FACT - AMENDMENT TO 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 permitted special uses under the B-3
Business District and are presumed to be appropriate uses. This amendment to special use request is merely a
request to modifY some of the buildings to accommodate automobile sales. service and repair per approved plans.
3. The Special Use is physically suitable for the land in question because automobile sales and services
are permitted special uses under the B-3 Business District. are presumed to be appropriate uses. This amendment
to special use reQuest is merely a request to modify some ofthe buildings to accommodate automobile sales. service
and repair per approved plans.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because
automobile sales and services are permitted special uses under the B-3 Business District. are presumed to be
appropriate uses. This amendment to special use request is merely a reQuest to modify some of the buildings to
accommodate automobile sales. service and repair per approved plans.
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 permitted special uses under the B-3
Business District. are presumed to be appropriate uses. This amendment to special use reQuest is merely a request
to modify some of the buildings to accommodate automobile sales. service and repair per approved plans.
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.
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
,2002
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).
H:lJanellDan Young ChevylSU ApplSU App. 12140l.wpd
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