HomeMy WebLinkAboutApplications
l
u
Conn, Angelina V
u
Page 1 of 1
From: Conn, Angelina V
Sent: Friday, October 13, 200612:34 PM
To: 'Annemarie R Varga'
Cc: Tingley, Connie S
Subject: Bill Estes - variance withdrawal
Annemarie -
as requested via letter from you, docket no. 06090013 (parking lot pole light height) has been withdrawn from the
agenda.
You new total fee is: $5,826 - 481 = $5.345.00. If not already submitted, please submit a check made out to the
city of Carmel in this amount as soon as possible today.
Thank you,
Angie Conn, Planning Administrator
Division of Planning & Zoning
Dept. of Community Services
City of Carmel
p. 317-571-2417 f. 317-571-2426
aconn@carmel.in.gov
Docket No. 96999912 V
Docket No. 06090014 V
Docket No. 06090015 V
Docket No. 06090016 V
Docket No. 06090017 V
Docket No. 06090018 V
Docket No. 06090019 V
Docket No. 06090020 V
Docket No. 06090021 V
Docket No. 06090022 V
Docket No. 06090023 V
Total Fee:
$1,016.00
$181.99 (each additional)
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$5,826.99 5345.00
Bill Estes Pre-Owned Facility
The applicant seeks the following development standards variance approvals:
Daal(at Na. 96999912 V CA8J3taf 2aC.12.B J38FI(iFl~ lat J3ale li~At Aei~At
Docket No. 06090014 V Chapter 23C.12.C foot-candles at property line
Docket No. 06090015 V Chapter 25.07.02.08(b) total number signs
Docket No. 06090016 V Chapter 23C.09.D fagade projections/recessions
Docket No. 06090017 V Chapter 23C.09.K.2(e) building material/EIFS
Docket No. 06090018 V Chapter 23C.09.G Windows - design
Docket No. 06090019 V Chapter 23C.09.1 Windows - % fagade
Docket No. 06090020 V Chapter 26.04 north bufferyard reduction
Docket No. 06090021 V Chapter 26.04 south bufferyard reduction
Docket No. 06090022 V Chapter 23C.10.3.5(b) perimeter parking lot plantings
Docket No. 06090023 V Chapter 23C.1 0.3.5(c) screened parking within front/side yard
The site is located at 4102 W. 96th St and is zoned B2/Business and 11/1ndustrial
within the US 421 Overlay. Filed by Mary Sol ad a of Bingham McHale.
10/1312006
"
u
Conn, Angelina V
u
Page 1 of2
Conn, Angelina V
Tuesday, September 12, 20061:52 PM
Tingley, Connie S
Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B;
Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N;
Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R; 'Annemarie R
Varga'; 'msolada@binghammchale.com'
Subject: Docket No. Assignment: (V) Bill Estes Pre-Owned Facility (#06090013-23 V)
Attachments: BZA Public Notice Sign Procedure.pdf
From:
Sent:
To:
Cc:
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Bill
Estes Pre-Owned Facility. They will be the following:
Docket No. 06090013 V
Docket No. 06090014 V
Docket No. 06090015 V
Docket No. 06090016 V
Docket No. 06090017 V
Docket No. 06090018 V
Docket No. 06090019 V
Docket No. 06090020 V
Docket No. 06090021 V
Docket No. 06090022 V
Docket No. 06090023 V
Total Fee:
$1,016.00
$481.00 (each additional)
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$481.00
$5,826.00
Bill Estes Pre-Owned Facility
The applicant seeks the following development standards variance approvals:
Docket No. 06090013 V Chapter 23C.12.B parking lot pole light height
Docket No. 06090014 V Chapter 23C.12.C foot-candles at property line
Docket No. 06090015 V Chapter 25.07.02.08(b) total number signs
Docket No. 06090016 V Chapter 23C.09.D favade projections/recessions
Docket No. 06090017 V Chapter 23C.09.K.2(e) building material/EIFS
Docket No. 06090018 V Chapter 23C.09.G Windows - design
Docket No. 06090019 V Chapter 23C.09.1 Windows - % favade
Docket No. 06090020 V Chapter 26.04 north bufferyard reduction
Docket No. 06090021 V Chapter 26.04 south bufferyard reduction
Docket No. 06090022 V Chapter 23C.10.3.5(b) perimeter parking lot plantings
Docket No. 06090023 V Chapter 23C.1 0.3.5(c) screened parking within front/side yard
The site is located at 4102 W. 96th St and is zoned B2/Business and 11/lndustrial
within the US 421 Overlay. Filed by Mary Solada of Bingham McHale.
-
Petitioner, please note the following:
1. This Item has already appeared on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, Sept. 28. Published notice
is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is
also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 20.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, October 13. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the November agenda of the BZA.
5. This Item will appear on the October 23, 2006 agenda of the Board of Zoning Appeals under Public
9/1212006
I,
o
Q
Page 2 of2
Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of
the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Ms. Solada can be contacted at 635-8900 (phone), 236-9907 (fax) or email: msolada@binghammchale.com.
Department's Review Comments; petitioner, please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or
email: publicnotices@indystar.com).
2.) Provide filled out Notice of Public Hearing (page 5 of the application).
3.) Provide filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application).
4.) Please provide the most recent site/landscape plans and building elevations.
5.) Please make checks payable to the City of Carmel.
6.) Please provide filled out and notarized placement of public notice sign affidavit.
Thank you.
Angie Conn, Planning Administrator
9/12/2006
u
Q
/;t
RECEiVED
6EP - 8 2006
DOCS
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
~~()
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional section of the
ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO.
DATE RECEIVED:
1) Applicant: Bill Estes Chevrolet
Address: 4105 W 96th Street, Indianapolis, IN 46268
2)
Project Name: Bill Estes Pre-Owned Facility
Engineer/Architect: Schneider Corporation
Phone: 317.874.4702
Phone: 317.826.7100
Phone: 317.635.8900
Attorney: Mary E. Solada, Bingham McHale LLP
3) Applicant's Status: (Check the appropriate response) 'tv'\ so\o..dcLe b\Y\~YlaWlV\'1Cj'lfd.e . ~
(a) The applicant's name is on the deed to the property ~Y\Q WVLJe \l ar(f
(b) The applicant is the contract purchaser of the property A\J<1fjo. e 6~~WlW'Ch.de.Cd'h.-,
'" (c) Other: applicant owns two parcels and is purchasing the third
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Midwest Scuba Center Inc.
Owner's address: 4306 W 96th Street, Indianapolis IN 46268
Phone: 317.872.2522
5) Record of Ownership:
Deed Book No.llnstrument No. 2004-66816; 2001-27386; 95-22891
Page:
Purchase date: 9-24-04; 5-11-01; 4-25-95
6) Common address ofthe property involved: 9884 Michigan Road, 4102 W 96th Street, & 4306 W 96th Street
,
Tax Map Parcel No.: 17-13-07-00-02-003.000;17-13-07-00-00-053.000;17-13-07-00-00-054.000
Legal description: see attached
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
see attached narrative
Page 1 of 8 - z:\shared\fonnslBZA applications\ Development Standards Variance Application rev. 01/0312006
w
Q
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
see attached narrative
9) Present zoning of the property (give exact classification): B-2/1-1/US 421 Overlay Zone
10)
Size of lot/parcel in question: 3.277
acres
11) Present use ofthe property: pre-owned vehicle sales & scuba diving facility
12) Describe the proposed use of the property: pre-owned vehicle sales
13)
Is the property: Owner occupied
Renter occupied
Other
II'
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.
Development Plan/ADLS Docket #06060023 DP/ADLS (pending)
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: NA
Builder: NA
16) If proposed appeal is granted, when will the work commence?
To be determined
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Bill Estes Pre-Owned Superstore
NOTE: LEGAL NOTICE shall be published in the Indianaoolis Star 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 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 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) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all suooortina information has been submitted to
the Deoartment of Community Services.
Page 2 of 8 - z:\shared\fonns\BZA applications\ Development Standards Valiance Application rev. 01/0312006
w
o
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.
~ C'" .sc~(~'
Signed: '
(Property Owner, Attorney, or Power of Attorney)
9-8-06
Date
Mary E. Solada, attorney for petitioner
(Please Print)
STATE OF INDIANA
SS:
County of m fAr" OY'\
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
'fY\ lAr\on
(Notary Public's county of residence)
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
~~
day of
&pternhP(
,20 D if'
(SEAL)
My commission expires:
J'tA; . ;). oog
Page 4 of 8 - z:\shared\fonnsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
u
o
Statement of Variance Requests
Bill Estes Pre-Owned Facility
1. Lighting: Design
Statement of Variance: The petitioner desires to maintain the existing 30-foot tall
parking lot lights and to add additional lighting that matches the existing fixtures
on the property. Section 23C.12(B) of the Zoning Ordinance limits parking lot
poles to a "uniform height not to exceed 24 feet" .
Statement of Support: The Bill Estes Pre-Owned Facility is an existing business.
While the building will be razed to create a new showroom, the petitioner desires
to retain portions of the existing development. This includes the existing parking
lot lights. These lights exceed the maximum pole height that is currently required
by the Ordinance. In addition, as the petitioner is expanding the operation,
additional lighting will be required. To keep the lighting uniform, it is proposed
that the new lights match the existing, thus also exceeding the 24-foot maximum
height.
2. Lighting: Intensity
Statement of Variance: The petitioner's lighting plan results in a light trespass
that exceeds the maximum number of footcandles at the property line. Section
23C.12(C) of the Zoning Ordinance limits light intensity at the property line to 0.3
footcandles.
Statement of Support: Unlike most commercial operations, a car dealership
maintains its inventory outside. Because this very valuable stock is out of doors
where it cannot be secured, lighting is an essential security component for a
dealership. While the lighting does exceed the maximum permitted, it does so
along heavily traveled roadways and an ingress/egress easement, thus limiting the
impact on neighboring properties.
3. Signage: Number
Statement of Variance: The petitioner proposes to provide two wall signs on each
of the 96th Street and US 421 frontages. Section 25.07.02.08(b) of the Zoning
Ordinance limits signage to "one sign for each frontage on a public street".
Statement of Support: The building fac;:ades adjacent to the roadways incorporate
large canopies with limited vertical space to apply signage. Therefore, the
business name must be placed horizontally on the building. However, the building
style required by the Ordinance incorporates many breaks in the fac;:ade, resulting
in no one area long enough to incorporate the entire business name. Thus, the
petitioner proposes to split the sign into two components. The maximum
permitted sign area is not exceeded.
4. Architectural Design: Building Facades
Statement of Variance: The proposed building includes two frontages in excess of
90 feet without the required offsets. Section 23C.09(D) of the Zoning Ordinance
states that "continuous facades that are 90 feet or greater in width shall be
Page 1 of 3
u
o
designed with offsets...not less than 8 feet deep and at intervals of not greater
than 60 feet".
Statement of Support: The design of the proposed building incorporates large
overhangs for the purpose of display of vehicles and protection from the elements.
Thus, while the long facades of the building do exceed 90 feet without the type of
offset contemplated by the ordinance, the entire fa~ade on the front, and a
portion of the fa~ade on the rear has two depths. Further, the entrance way is
enhanced with a slight projection, providing additional relief. The north and south
elevations do not exceed 90 feet in width and therefore are not subject to the
offset requirement.
5. Architectural Design: Building Materials
Statement of Variance: The building materials proposed exceed the maximum
coverage permitted for EIFS. Section 23C.09(K) of the Zoning Ordinance limits the
amount of EIFS to no more than 20 percent of the non-window surface area.
Statement of Support: The petitioner's new vehicle facility is located across 96th
Street from this location in Marion County. It is essential to the business' identity
that the two facilities maintain some continuity. While the new facility will be
designed to meet the architectural style requirements of Carmel's US 421 Overlay
District, the petitioner requests that the selection of building materials be
permitted to mimic some of the design features of the existing new vehicle
facility. The incorporation of different colors of EIFS into the design of the new
building allows both objectives to be met.
6. Architectural Design: Windows
Statement of Variance: The petitioner desires to vary from the Italianate building
style in the window design for the new building. Section 23C.09(G) of the Zoning
Ordinance requires that "all windows be compatible with the style...of the
building". Section 23C.09(1) further limits ground floor retail display windows to
no more than 75% of the total ground level (first floor) fa~ade area.
Statement of Support: The Bill Estes facility is a showroom, and as such is primarily
glass on the front facade. However, showroom windows are not typical of
Italianate design and exceed the maximum 75% of the first floor fa~ade mandated
by the Ordinance. The impact of the showroom windows is softened, however, by
the canopy and columns that project from the building. Note that the 75%
maximum window coverage was written for retail uses and may not have
contemplated the possibility of a showroom facility on US 421.
7. Landscaping: Perimeter Bufferyard Plantings
Statement of Variance: The side yard on the north side of the property does not
incorporate the required number of bufferyard plantings due to the location of a
pre-existing utility easement. Section 26.04 of the Zoning Ordinance sets the
requirements for bufferyard plantings. A level C yard is required.
Statement of Support: The proposed site plan incorporates the required side
buffer yard depth. However, because a drainage and utility easement runs along
the northern property line, it is not possible to plant the required buffer yard
plantings in this area.
Page 2 of 3
o
o
8. Landscaping: 96th Street Bufferyard Plantings
Statement of Variance: The petitioner desires to reduce the required number of
bufferyard plantings on 96th Street due to the limited planting area along the
existing parking lot frontage. Section 26.04 of the Zoning Ordinance requires a
level Dbufferyard along 96th Street (15 feet in width, with required plantings).
Statement of Support: In constructing the new facility, the existing curb line along
96th Street for the sales lot will remain in place. Because this curb line was
established prior to the current ordinance requirements, it does not require a
variance. However, the narrowness of the planting area in this location precludes
additional plantings beyond low spreading shrubs. Where the Bill Estes Pre-owned
Superstore will be taking over the former Midwest Scuba property, the existing
curb line will be removed, and the new curb will be set back 15 feet from the
right-of-way to meet the requirements of the Zoning Ordinance. In this area,
substantial plantings will be accommodated. However, even with the significant
amount of plantings in this location, the total number of plantings required along
96th Street falls short of the number required by the Ordinance.
9. Landscaping: Parking Lot Perimeter Plantings
Statement of Variance: The petitioner desires to omit the required parking lot
perimeter plantings. Sections 23C.10.03(5)(b & c)of the Zoning Ordinance require
a six foot planting area around the entire parking lot perimeter and further require
that all "parking areas within the front and side yards...be completely screened
from view".
Statement of Support: As a car dealership, particularly a pre-owned car
dealership, the petitioner's business is dependent on the ability to display what
the facility has to offer for sale. Thus, screening the cars that are for sale would
significantly affect the ability to do business.
Page 3 of 3
u
o
SURVEY LAND DESCRIPTION
4102 W 96th Street & 9884 Michigan Road
(Bill Estes Pre-Owned Superstore Property)
Part of Lot Number 3 in North American Park per plat thereof recorded as Instrument
Number 8926488 in Plat Cabinet 1, Slide 69 in the Office of the Recorder of Hamilton
County, Indiana, and part of the south half of Section 7, Township 17 North, Range 3
East in said Hamilton County, more particularly described as follows:
Commencing at the southwest corner of said Southeast Quarter Section; thence North
88 degrees 56 minutes 05 seconds East (assumed bearing) along the south line thereof
273.49 feet; thence North 01 degree 03 minutes 55 seconds West a distance of 49.05
feet to the Point of Beginning which point lies on the proposed south right of way line of
West 96th Street per Project number STP-135-2(008); thence continuing North 01
degree 03 minutes 55 seconds West a distance of 110.50 feet to a point on the
southerly line of said Lot Number 3, the following seven courses are along the southerly,
westerly and northerly lines of said Lot; (1) thence South 86 degrees 36 minutes 10
seconds West a distance of 270.97 feet to the southwest corner of said Lot 3; (2) thence
North 20 degrees 36 minutes 05 seconds West a distance of 102.69 feet to the
northwest corner of said Lot; (3) thence North 76 degrees 20 minutes 18 seconds East a
distance of 280.07 feet; (4) thence North 17 degrees 43 minutes 37 seconds East a
distance of 19.73 feet; (5) thence North 77 degrees 57 minutes 23 seconds East a
distance of 28.19 feet; (6) thence North 11 degrees 21 minutes 22 seconds West a
distance of 22.09 feet; (7) thence North 74 degrees 25 minutes 13 seconds East along
the north line of said Lot 3 a distance of 190.30 feet to the proposed westerly right of
way of U.S. 421 (Michigan Road) per Project number STP-135-2(008), the following
seven courses are along the said proposed westerly right of way line of U.S. 421 and
said proposed southerly right of way line West 96th Street; (1) thence South 18 degrees
42 minutes 26 seconds East a distance of 192.92 feet; (2) thence South 21 degrees 43
minutes 02 seconds East a distance of 49.06 feet; (3) thence North 89 degrees 05
minutes 27 seconds East a distance of 0.97 feet to a point on the south line of said Lot
3; (4) thence South 21 degrees 45 minutes 00 seconds East a distance of 80.00 feet; (5)
thence South 12 degrees 12 minutes 19 seconds West a distance of 27.10 feet; (6)
thence South 53 degrees 23 minutes 49 seconds West a distance of 28.22 feet; (7)
thence South 88 degrees 10 minutes 15 seconds West along said proposed south right
of way line a distance of 258.39 feet to the point of beginning, containing 2.667 acres,
more or less.
Subject to easements and rights of way.
S:\3k\3502\00 1 \docs\EstesPlat. doc
8/7/00 RHM
o
o
SURVEY LAND DESCRIPTION
4306 W 96th Street
(Midwest Scuba Center Inc. Property)
Part ofthe Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton
County, Indiana, and being more particularly described as follows:
Commencing at a point on the South line of said Quarter Section being North 88
degrees 56 minutes 05 seconds East (assumed bearing) 673.49 feet from the Southwest
corner thereof, said point being the intersection of said South line with the existing
centerline of Michigan Road; thence North 20 degrees 41 minutes 53 seconds West
along said centerline, 180.55 feet measured (179.80 feet deed); thence South 87
degrees 00 minutes 50 seconds West 339.53 feet measured (South 88 degrees 56
minutes 05 seconds West 340 feet deed) to the point of beginning of this description;
thence continue South 87 degrees 00 minutes 50 seconds West, 269.70 measured (
South 88 degrees 56 minutes 05 seconds West 269.70 deed); thence South 20 degrees
41 minutes 53 seconds East. parallel with said centerline, 95 feet (deed and measured);
thence North 88 degrees 56 minutes 05 seconds East, parallel with the South line of
Quarter Section, 35.17 feet measured (41.58 feet deed) thence South 20 degrees 41
minutes 53 seconds East, parallel with said centerline, 63.87 feet measured (50.16 feet
deed) to said South line; thence North 88 degrees 56 minutes 05 seconds East along
said South line 181 feet (deed and measured); thence North 1 degrees 03 minutes 55
seconds West, 158.67 feet measured (159.60 feet deed) to the point of beginning.
Subject to easements and right of way Instrument No. 2000-38349 filed for Record in
Hamilton County.
u
u
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE
Lighting: Design
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The condition for which the variance is sought is pre-existing and will therefore have no further impact.
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 condition for which the variance is sought is pre-existing and w,i11 therefore have no further impact.
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 terms of the Ordinance would require the removal and replacement of the existing lighting on the
property. The existing lights were established in compliance with the regulations in place when the facility
was constructed.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
u
u
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Lighting: Intensity
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The light trespass is limited and will impact only adjacent properties which are developed with commercial
uses.
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 areas affected by the light trespass are roadways and an ingress-egress easement, neither of which
will be impacted in terms of their use or value by increased lighting.
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 Ordinance does not contemplate the lighting needs of a car dealership that must store its inventory
out-of-doors in a non-secure location after business hours. Lighting is an essential security component for
a car dealership.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\fonnsISZA applications\ Development Standards Variance Applicetion rev. 01/0312006
w
o
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Signage: Number
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The maximum permitted area for signage will not be exceeded. Thus, the impact of the variance will be
minimal.
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 proposed signage faces only the uses across the two roadways, one of which is owned by the
petitioner. The other is a multi-tenant building with multiple signs.
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 design of the building to meet Carmel's design standards combined with the length of the name of the
business do not allow the signage to be placed in its entirety on anyone building surface. Therefore, the
signage must be split into two components.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\sharedVormsIBZA applicationsl Davelopmant Standards Variance Application rev. 01/0312006
Q
o
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE
Architectural Design: Building Facades
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The building design does provide relief from a continuous frontage through the incorporation of overhangs
that project from the building and through the highlighting of the entryways with added height and depth.
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 front of the building creates relief through the large overhang, extending the length of the building. The
rear of the building faces only the petitioner's property. The remaining sides comply with the Ordinance.
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:
As a dealership, the building design must incorporate a large overhang/canopy for vehicle display and
protection from the elements. While this projection is different from the offsets contemplated by the
Ordinance, it does produce the same effect of visual relief in a practical, functional manner.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\formsIBZA applicationsl Development Standards Varianos Application rev. 01/0312006
w
o
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Architectural Design: Building Materials
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The style of the building complies with the requirements of the US 421 Overlay.
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 style of the building complies with the requirements of the US 421 Overlay.
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 business must identify with the Bill Estes Chevrolet dealership across 96th Street that was
constructed at a different time and in a different jurisdiction. EFIS allows for this aesthetic connection while
still complying with the style requirements of the US 421 Overlay.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\fonnsIBZA applicationsl Development Standards Variance Application rev. 0110312006
u
Q
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Architectural Design: Windows
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The windows are blocked, in part, by the canopy overhang and are therefore not a prominent feature
on the building.
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 windows are compatible with the use of the building and are proportionate to the building's dimensions,
thus providing no negative aesthetic impact on adjoining properties.
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:
Restrictions on window size were written for retail and restaurant uses and do not contemplate vehicle
showroom facilities.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\fonnsIBZA applicationsl Devalopmant Standards Varlanca Application rev. 0110312006
u
Q
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Landscaping: Perimeter Bufferyard Plantings
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The variance is required to preserve a necessary drainage and utility easement that serves adjacent
properties and the community at large.
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 variance is required to preserve a necessary drainage and utility easement that serves adjacent
properties and the community at large.
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 north buffer yard incorporates a pre-existing drainage and utility easement. Plantings within this
easement are not permitted by the utility, resulting in a conflict with the Zoning Ordinance.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\fOfTllsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
u
u
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Landscaping: 96th Street Bufferyard Plantings
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 plan represents a significant improvement over the current conditions.
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 proposed plan represents a significant improvement over the current conditions.
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:
Conformance with the Ordinance would require the removal of the existing parking area. This parking lot
was established in compliance with the regulations in place when the facility was constructed.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
w
u
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Bill Estes Chevrolet
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Landscaping: Parking Lot Perimeter Plantings
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The site will provide significant parking lot landscaping in an arrangement appropriate to the use of the
property .
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 site will provide significant parking lot landscaping in an arrangement appropriate to the use of the
property .
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 proposed lot is a display lot rather than the parking lot contemplated by the Ordinance. As a car
dealership, the petitioner's business is dependent on the ability to display what the facility has to offer for
sale. Thus, screening the cars that are for sale would significantly affect the ability to do business.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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
,20
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).
Page 8 of 8 - z:\shared\fonnsIBZA applicationsl Development Standards Varianca Application rev. 0110312006