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CITY OF CARMEL
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RECEIVED
MAR 1 5 2007
DOCS
JAMES BRAINARD, MAYOR
March 15,2007
To: Board of Zoning Appeals
From: Adrienne Keeling, Carmel Department of Community Services AK
Re: March 26, 2007, Hearing Officer Meeting
Docket Nos. 07030012-15 V
Schneider Office Park
10321 Pennsylvania Street, Indianapolis, IN 46280
The City of Carmel is seeking several Development Standards Variances on behalf of the property owner,
Schneider Management Corp. The City's planned intersection improvements at l03rd and
Pennsylvania Streets result in a significantly expanded right-of-way, affecting many aspects of the
site, including the location of a proposed building and the layout of an existing parking lot.
Currently existing on the site are a parking lot and an office building to the north of the parking lot. A
second (matching) office building south of the parking lot was approved in 1996, but is not yet built. To
accommodate road improvements, the second building would shift northward, causing the need to
reconfigure the existing parking lot. The enclosed site plan compares the proposed new site plan (in red)
to the site plan originally approved in 1996 (in blue).
Further complicating the matter are the adoption of the Home Place Overlay Zone and amended parking
requirements, each since the approval of the site's Development Plan in 1996. The Home Place Overlay
Zone landscaping and buffering requirements are the subject of proposed variances, as they exceed the
requirements of 1996. Landscape and buffer plantings, some potentially having to be replaced, will
remain at their existing levels equivalent to the approved 1996 plan. Parking requirements are also at
issue, although the number of parking spaces actually increases under the proposed plan.
The Department respectfully requests approval of four Development Standards Variance requests. All the
variances requested herein are sought to rectify conditions that would otherwise become illegally
nonconforming, due to no fault of the property owner.
Please find the following documents attached to assist in your review:
1. Application
2. Site Plan
3. Summary of Variances Requested
4. Ballot Sheet
5. Findings of Fact
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLJBAlIGH, DlHECTOR
"
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. \) 1 0'3 (jO\ L - \5 \J DATE RECEIVED:
1)
Applicant:
Schneider ManaQement Corp. / Carmel Dept of Communitv Services
Address:
12198 Crestwood Drive. Carmel. IN 46032
2)
Project Name:
10321 Pennsylvania St parkinQ, landscapinQ
Phone:
Engineer/Architect:
n/a
Phone:
3)
Attorney: n/a
Applicant's Status: (Check the appropriate response)
Phone:
~ (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./lnstrument No.
Page:
Purchase date:
6) Common address of the property involved: 10321 Pennsvlvania Street. Indianapolis. IN 46280
Legal description:
Tax Map Parcel No.:
1613110215001000
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).
0,'1 O~ COI2-- 1) Due to parkino lot reconfiauration and expansion. reauest to reduce the parkino lot landscapina reauirements. Section
23E.07.A.1. - Parkino area landscapina.
, '? 2) Due to road widenina and chanae in road rioht of wav location. reauest to allow existino parkina in the Front Yard. Section
::; '70 3C01 :> - 23E.07.C.1 - No parkino shall be allowed in the Front Yard.
3) Due to parkino lot reconfiauration and expansion. reauest to reduce the residential bufferina reauirements. Section
,,;-703 cO i~ ~ 23E.09.G.1. - Low Intensity Area bufferina.
- . 5' - 4) Due to amended parkina reauirements. reauest to reduce the reauired parkina spaces from 60 spaces to 59. Section
:n O'~OO i 27.08 - Amount of Parkino Spaces Reauired.
Page 1 of 8 - z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 01/0312006
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8} State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The Citv's olanned intersection imorovements at 103rd and Pennsylvania Streets results in a sianificantlv
exoanded riaht-of-wav. affecting many asoects of the site, including the olacement of a orooosed buildina and
the layout of an existina oarkina lot. Further comolicath1a the matter are the adootion of the Home Place
Overlay Zone and amended oarkina reauirements. each since the aooroval of the site's Develooment Plan in
1996. All variances reauested herein are sought to rectify conditions that would otherwise become iIIeaally
nonconforming. due to no fault of the orooerty owner.
9} Present zoning of the property (give exact classification): B-7/Business. West Home Place Commercial Corridor
- Low Intensity _
10}
Size of lot/parcel in question:
1.89
acres
11} Present use of the property: office
12} Describe the proposed use of the property: office
13}
Is the property: Owner occupied
Renter occupied
Other
x
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. N/A
15} Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder: N/A
16} If proposed appeal is granted, when will the work commence?
N/A
17} If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
the land owner
NOTE: LEGAL NOTICE shall be published in the Indianapolis 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 assiqned until all supportinq information has been submitted to
the Department of Community Services.
Page 2 of 8 - z:\sharedlforms\BZA applications\ Development Standards Variance Application rev. 0110312006
AFFIDA VIT
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.
Signe9<-:= Ic~::;z52c~~.v~.~ p:: .2-/.2-07
,,~d'perty O\(rler, Attorney, or Power of Attorney) Date
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(Please Print)
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STATE OF INDIANA
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County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
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(Notary Public's county of residence)
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(Property Owner, Attorney, or Power of Attorney)
County, State of Indiana, personally appeared
for
and acknowledge the execution of the foregoing instrument this
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Notary Public--Please Print
My commission expires:
Page 4. of 8 - z:\shared\foffiIS\BZA applications\ Development Standards Variance Aoplication rev. 01103/2006
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PREPARED BY:
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LEGEND
PREVIOUSLY APPROVED
PLAN LOCATION
NORTH
PROPOSED PLAN LOCATION
DUE TO NEW RIGHT-OF.WAY
40 0
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SCALE: 1"
40
=: 40'
80
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Transportation &
Development Consultants
:H17 SHERM!II DR. BEEIlf GROIt. IN 46107 (JI7) 7BI)-1550
VARIANCES REQUESTED - SCHNEIDER OFFICE PARK
1. Docket No. 07030012 V:
Reason for request:
Ordinance Language:
Section 23E.07.A.1.
Parking Lot Landscaping Reauirements
Intersection improvement is causing the reconfiguration and expansion
of the existing parking lot, not through any fault of the property owner.
Current requirements exceed requirements in 1996.
a.
Parking areas shall be landscaped as follows:
A five-foot (5') wide planting strip shall be provided along the sides and rear of
all parking areas. The minimum planting shall include two (2) shade trees and
twenty (20) shrubs per one hundred (100) linear feet or three (3) shade trees and
ten (10) shrubs per one hundred (100) linear feet.
Parking areas that are located in Side Yards shall be screened from the street
right-of-way with a six-foot (6') wide planting strip consisting of:
1. Three (3) shade trees and thirty (30) shrubs per one hundred (100)
linear feet, or;
b.
n. A forty-two-inch (42") decorative wall, or;
lll. A combination of the above as approved by the Commission.
c. Shade trees shall be planted within parking areas greater than ten thousand
(10,000) square feet. There shall be planted one (1) shade tree and five (5)
shrubs per every nine (9) parking spaces.
Reason for request:
2. Docket No. 07030013 V: Parking in the Front Yard
Ordinance Language:
Section 23E.07.C.l
Expanded right-ot-way causes the existing parking lot to be in the Front
Yard.
No parking shall be allowed in the Front Yard.
Reason for request:
3. Docket No. 07030014 V: Residential Buffering
Intersection improvement is causing the reconfiguration and expansion
of the existing parking lot, not through any fault of the property owner.
Current requirements exceed requirements in 1996.
Ordinance Language:
23E.09.G.l Buffer Standards. Low Intensity Area: Any properties adjacent to or abutting an existing
residence or residential area must create at least a five-foot (5') wide buffer consisting of a
minimum of three (3) shade trees, two (2) ornamental trees, and nine (9) shrubs per one hundred
(100) linear foot increment.
4. Docket No. 07030015 V: Reauired Parking Spaces
Reason for request: Intersection improvement is causing the reconfiguration and expansion
of the existing parking lot. Current requirements exceed requirements in
1996. There were 54 spaces originally approved (50 required). The new
plan would result in 59 spaces (60 required).
Ordinance Language:
27.08
Office, General
One space per 250 sq. ft. of floor area
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07030012 V
Schneider ManaQement Corp. I Carmel Dept of Community Services
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 26th DAY OF MARCH, 2007.
Board Member
Page 7 of 14 - z;lsharedlformslBZA applicationsl Development Standards Variance Application rev. 01/0312006
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07030012 V
Petitioner:
Schneider Manaqement Corp. / Carmel Dept of Community Services
FINDINGS OF FACT - DEVELOPMENT 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 road widenina and chanae in road riaht of way location requires the reconfiauration and
expansion of the existina parkina lot. Landscapina requirements have increased since oriainal
approval and installation. ReQuestina variance to reduce the parkina lot landscapina requirements to
the existina approval.
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 road widenina and chanae in road riaht of way location requires the reconfiauration and
expansion of the existina parkina lot. Landscapina requirements have increased since oriainal
approval and installation. ReQuestina variance to reduce the parkina lot landscapina requirements to
the existina approval.
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 parkina lot landscapina will become iIIeaallv non-conformina. not due throuah any fault of the
property owner.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07030012 V 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 26th day of March, 2007.
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 11 - z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 01/0312006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07030013 V
Schneider Manaqement Corp. / Carmel Dept of Community SeNices
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 26th DAY OF MARCH, 2007.
Board Member
Page 8 of 14 - z:\sharedlformslBZA applicationsl Development Standards Variance Application rev. 01/03/2006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07030013 V
Petitioner:
Schneider Manaaement Corp. / Carmel DeDt of Community Services
FINDINGS OF FACT - DEVELOPMENT 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 road widening and change in road right of way location changed the distance of the road right of
way to the existing parking lot. causing the parking lot to be in the Front Yard. Reauesting variance
approval for the parking lot to be legally established.
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 road widening and change in road right of way location changed the distance of the road right of
way to the existing parking lot. causing the parking lot to be in the Front Yard. Reauesting variance
approval for the parking lot to be legally established.
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 parking lot will become illegally non-conformina. not due through any fault of the property owner.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07030013 V 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 26th day of March, 2007.
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 9 of 11 - z:\sharedlformslBZA applicationsl Development Standards Variance Application rev. 01/03/2006
t
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
(
Docket No.:
Petitioner:
07030014 V
Schneider ManaQement COrD. / Carmel DeDt of Community Services
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 26th DAY OF MARCH, 2007.
Board Member
Page 9 of 14 - z:\sharedlformsIBZA applications\ Development Standards Variance Application rev. 01/0312006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07030014 V
Petitioner:
Schneider ManaQement Corp. / Carmel Dept of Community Services
FINDINGS OF FACT - DEVELOPMENT 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 site was approved under previous bufferina reQuirements. before the adoption of the Home Place
Overlay Zone. The road improvement plans reQuire the reconfiauration and expansion of the existina
parkina lot. reducina the buffer plantina area from 30' to 12.5'.
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 was approved under previous bufferina reQuirements. before the adoption of the Home Place
Overlay Zone. The road improvement plans reQuire the reconfiauration and expansion of the existina
parkina lot, reducina the buffer plantina area from 30' to 12.5'.
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 parkina lot will become iIIeaally non-conformina. not due throuah any fault of the property owner.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07030014 V 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 26th day of March, 2007.
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 10 of 11 - z:lshared\forms\BZA applications\ Development Standards Variance Application rev. 01/03/2006
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
07030015 V
Schneider ManaQement CorD. / Carmel DeDt of Community Services
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 26th DAY OF MARCH, 2007.
Board Member
Page 10 of 14 - z:lsharedlformslBZA applicationsl Development Standards Vartance Application rev. 01/0312006
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07030015 V
Petitioner:
Schneider ManaQement CorD. / Carmel DeDt of Community Services
FINDINGS OF FACT - DEVELOPMENT 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 existina parkina lot was approved under previous parkina reQuirements. The road improvement
plans reQuire the reconfiauration and expansion of the existina parkina lot. which will actually add 5
spaces. brinaina the total to 59. However. new parkina standards reQuire 60 spaces.
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 existina parkina lot was approved under previous parkina reQuirements. The road improvement
plans reQuire the reconfiauration and expansion of the existina parkina lot. which will actually add 5
spaces. brinaina the total to 59. However. new parkina standards reQuire 60 spaces.
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 parkina lot will become iIIeaally non-conformina. not due throuah any fault of the property owner.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 07030015 V 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 26th day of March, 2007.
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 11 of 11 - z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev. 01103/2006