HomeMy WebLinkAboutApplication - Use Variance
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Conn, Angelina V
From:
Conn, Angelina V
Wednesday, February 21,200712:01 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; Olds, Les; 'Bub'
Docket No. Assignment: (UV,V) Frank E Hawkins Addition, Lot 1 - Bub's Cafe (#07010022 UV &
07010023 V)
Attachments: BZA Public Notice Sign Procedure.pdf; TAC members revised 11.29.06.doc
Sent:
To:
Cc:
Subject:
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers & Fees for (UV,V)
Frank E Hawkins Addition, Lot 1 - Bub's Cafe. They will be the following:
Docket No. 07020017 UV $1,389.00
Docket No. 07020018 V $ 500.00
Docket No. 07020019 V $ 500.00
Total Fee: $2,389.00
Frank E Hawkins Addition, Lot 1 - Bub's Cafe
The applicant seeks the following use variance & development standards variance approvals for a cafe in a residential
district:
Docket No. 07020017 UV Section 8.01.01 permitted uses
Docket No. 070020018 V Section 27.08 reduced # parking spaces
Docket No. 07020019 V Section 27.03.02 uncurbed parking area
The site is located at 220 2nd Street SW and is zoned R-2/Residence in the Old Town Overlay - Character Subarea.
Filed by Matt & Rachel Frey.
Petitioner, please note the following:
1. This Item will be on the March 21 agenda of the Technical Advisory Committee. Submittals to all TAC members are
due by Mar. 6.
2. Mailed and Published Public Notice needs to occur no later than Thursday, Mar. 1. 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, Mar. 23 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, Mar. 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition to the April agenda of the BZA.
5. This Item will appear on the March 26 agenda of the Board of Zoning Appeals under Public 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.
Mr. Frey can be contacted at 727-3371 (phone) or by email: bubs@indy.rr.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.) Please make checks payable to the City of Carmel.
3.) A list of TAC members is attached, or can be found online at
http://www.ci.carmel.in.us/services/DOCS/DOCSTAC2004.htm .
4.) Part of the use variance approval will be a recordable commitment from you, stating that if/when needed, the road right
of way will be ded icated to the City. Contact Gary Duncan at the engineering dept for more info about this, at 571-2441 .
2/21/2007
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5.) Bike parking may be required.
6.) Label parking space dimensions.
7.) Provide the hours of operation, number of employees in the largest shift, the required number of parking spaces, and
the number of customers estimated per day and/or per hour.
8.) Show/label on the site the existing and proposed road right of way (per the Thoroughfare plan).
9.) Show/label the sign's setback from the proposed road right of way, per the Thoroughfare Plan, and provide the details
and sign colors.
10.) Provide a landscape plan to show a landscaped area around the base of the sign that is the same square footage as
the sign.
11.) Note: Check the neighborhood covenants associated with the plat, if any; this use may not be allowed. Amending the
covenants is not the BZA's jurisdiction, but does require a legal process between the property owners within the
neighborhood to amend the covenants to allow the cafe use.
12.) Provide a floor plan, including the kitchen and seating areas.
13.) Please provide details on how the dumpster will be screened.
14.) Contact the adjoining neighbors or neighborhood association about the proposed use, to get their
concerns/comments or letters of support.
15.) Fill out and notarize page 6 of the application (Petitioner's Affidavit of Notice of Public Hearing).
16.) Please provide filled out and notarized placement of public notice sign affidavit.
17.) Fill out your findings offact sheets for each variance request (page 8 of the applications),
18.) Please notarize page 4 of the application (Affidavit).
19). Please fill out page 5 of the application (Notice of Public Hearing).
Thank you.
Angie Conn, Planning Administrator
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CITY OF CARMEL/CLAY TOWNSHIP
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HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
FEE: $1,389.00, plus $111.00 per acre
DOCKET NO. (J 1 ()1... {'t) \-"\ -- \ q DATE RECEIVED:
1) Applicant: Un-rr ..y-' fZA:e~L ~~
Address: / 3~9/ /C/N'tPSli5U~ tJ.ell/€
Project Name: l1vSg C~E'
2)
C~&L ,;::r,A/ c;I&e>:S 2
Phone: I--LI-~~II cell
Phone: IOlP - 0 (
Engineer/Architect:
3)
Attorney:
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
Phone:
~u'os@ \M~"'(V' ~
(c) Other:
4)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: d A-r-r"" ""'1-' ~~t.-
Owner's address: SPI-nA € ~_~ 4-7St3vL
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Phone~,-i)':::r2.:=1- -33=1-1
5)
Record of Ownership:
6)
Deed Book No.llnstrument No. '2-~{!)G:>- U /=1 /
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Common address of the property involved: '2-Z-C' 2n/ J~ S.t.J e~;t..tE~ t../tR(!)jZ
Legal description: 4~~ '7'T!) U.J~ l/~/~~ ~p L-Ot I) F''@vlk.. E
~w'?\'vt~ Ad.d.t\,
Page:
Purchase date:
Tax Map Parcel No.: /CR - 0 9 - z,::r -- /& -- 0(0 .- eJG-=7" <:PG<Z>
7)
State explanation of requested Use 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 appeal). .
-r-~ PVIZ-mf€ ~ PIrE VJ~ V~ra.n.Jt'./& /<3 4 ~77'h/~
SI&ft-..///A.)(P g;~P;49'" w/-n::? /.1 Uu~~ /.1/A.l6~~ &~t/,
f--E:.ca..UE'~<,777.c/{' A VStE t/A--1Z.-I.4-~.J~ ~~ 9. ~/
Page 1 of 8 - Z:\shared\formsIBZA applicationsl Use Variance Application rev. 12/2912006
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8)
State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
Present zoning of the property (give exact classification):
tlE.31' f/6A./77./1 L
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fit .. d / \P"VJV'\
c: V4e~A.rr)a\l€v\a~r
C VLavod~
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acres
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10)
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12)
Present use of the property: S/N(,U ~~/Lr ~/ Ve",de-4!::--
# Z -=1,1;e1ZGS ( q,' t< I ~ Z. I )
Describe the proposed use of the property: yZ€Sr;r:&.P~ -r- ....- ~~A-..s r
Size of lot/parcel in question:
13)
Is the property:
Owner occupied
Renter occupied
Other VAt::-/l/Cf'"r
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. . /"
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15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
-
16) If proposed appeal is granted, when will the work commence?
/,y /U,e:.-O/ ~y
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application
has been filed?
d~ -,L- ~C- L-t,e...- d'ba $(/,{> s OAl7/.r=.
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 nightof the
hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
Page 2 of 8 - Z:\sharedlforms\BZA applications\ Use Variance Application rev. 12/2912006
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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:
P pe Owner, Attorney, wer of Attorney
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(Please Print) .
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STATE OF INDIANA
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Indiana, personally appeared
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(County in which notarization takes place)
fftll1ll Ita yt
(Notary Public's county of residence)
a w P. e and acknowledge the execution of
(Property Owner, Attorney, or ower of Attorney)
County, State of
County of
Before me the undersigned, a Notary Public for
the foregoing instrument this
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My commission expires: .~,;l, d2 cro6"
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Page 4 of 8 - Z:lshared\formsIBZA appllcationsl Use Variance Application rev. 12/2912006
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220 2nd Street SW
Bub's Cafe
Zoned R-2 in Old Town Overlay - character Subarea.
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LEGAL DESCRIPTION
That certain real estate located in the City of Carmel, County of Hamilton, State of
Indiana, at 220 Second Street SW, Carmel, Indiana 46032, Parcel No. 16-09-25-1 16-06-
007.000, being more particularly described as:
The East half of the following described real estate: Part of the East half of the
Southeast Quarter of Section 25, Township 18 North, Range 3 East, beginning 560.44
feet south and 468 feet East of the Northwest comer of said East half, thence South 132
feet, West 132 feet, West 132 feet North 132 feet, East 132 feet to the place of beginning,
~ being Lots 1 and 2 in Frank M. Hawkins Addition to the Town of Carmel, Indiana.
ALSO a vacated alley 25 feet East of and adjacent to said property as set out in Vacation
of Public Way recorded Apri122, 1994 as Instrument Number 9419040.
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Street SW - use variance for art gallery
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220 2n Street SW - use variance
Matt Frey 727-3371 (cell)
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Proposed Site Plan A Y\'\8~
Scale: 1/4" = 1'-0" (scaled to fit)
2nd Street
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The Carmel Star * CarmelStar.com
1ST
CARMEL
Thursday, March 29, 2007 * 7
-T
Bub's owners persuadc;d woman to sell
\
By Bruce C. Smith"
bruce.smith@indystar.com.
Vera Bailey wants to be clear that
she's not opposed to exercise, but she
just wasn't happy about all the hikers
and bikers going through her front yard.
Bailey had lived for about 20 years at
Second Avenue Southwest and a former
-railroad track in the old downtown area
of Carmel.
And at 85 years old, the notion of
moving from the Carmel house that her
family had owned for more than eight
decades was pretty hard for the widow
to consider.
"I guess I just thought I'd live there
until they carried me out feet first," the
white~haired, great-grandmother said
this week. 0'_
Despite her protests several years ago,
that abandoned railroad line has been
revived into the heavily used Monon
Greenway. It cuts north-south for more
than 15 miles from Downtown Indian-
apolis, through Broad Ripple and then
through Carmel's resurgent core. Devel-
opers view land along the trail much
like beachfront property.
Despite her pleas to the City Council
of the 1990s, the Monon F"asbuilt along
..,
the railroad right of way and across the
front yard of the Bailey home at 220
Second Ave.
'Bailey lived with it for several years
but never felt completely comfortable
with so many strangers hiking and bik-
ing past her door each day.
That might seem unusual for an out-
o going lady who works three days a week
as a greeter at the Noblesville Wal-Mart.
She formerly worked as a mail carrier
and in the accounting department of an
insurance company.
But, she made a difficult decision to
move and today is happy in another Car-
mel home with a <laughter, Ruth Moffitt.
Bailey rebuffed other offers and then
finally sold her house to Matt and Ra-
chelFrey, owners of the popular Bub's
Burgers & Ice Cream two blocks away.
This week, Matt Frey confirmed plans
to open a breakfast eatery in Vera Bai-
ley's old house and call it Hub's Cafe.
Vera, as all her friends know her,
loves the cafe idea.
The Freys have invited her.
Like most older homeowners who
can't imagine a change of scenery, it
wasn't easy last year for Bailey to move
from the house her farl1ily had o'flled
.
BRUCE SMITH / The Star
Vera Bailey, 85, Carmel, was reluctant to
move despite the increased foot traffic on
the Monon Greenway in front' of her house.
since at least 1924. Engraving.on a door
hinge suggests.the house - which is
next door to property of the Carmel
Clay Historical Society - dates from
about 1904.
"I had told other (developers) that I
j~~.
wasn't interested in selling:' she began
to explain. "Then one day Matt knocked
on my door and asked if I'd be inter-
ested. He was convincing, and I liked
him and Rachel. And I got a little push
from my family. .
"We went back and forth for six or
eight months before I finally decided."
Before the trail, she had been com-
fortable there in the updated little house
with two bedrooms and about 1,100
square feet. The Freys will turn it into. a
restaurant designed to lure hikers off the
trail. .
Bailey never had a serious incident.
with anyone on the trail, though she
didn't like some of the trespassing
across her yard.
"I'd have to say there are a lot of nice
people on the trail:' she said. "I loved to
watch the families go by, pulling little
children in carts behind their bikes."
"But I know that everyone on the trail
isn't nice. And since I lived alone, it did
concern me," she confided.
"The older you get the less you like
change. And everything was changing
around me."
* Call Star reporter Bruce C. Smith
at (317) 444.5526.
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