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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE
DOCKET NO. D~()1j ()f!) '2.q 17 r;,J DATE RECEIVED:
F"{P:J 4 ~J?~ ~"'AA
1) Applicant: Jeff Watkins and Environmental Services Associates. LLC.
Address: P.O. Box 333. Carmel. In. 46082: contact Jeff Watkins: phone 544-2133:
email: iwatkins@esallc.com
2)
Project Name: Unit 2F of Monon & Main
Phone & Fax: NA
Engineer/Architect: NA
Phone: NA
Attorney: Jim Shinaver: Nelson & Frankenberaer : email: iims@nf-Iaw.com
Phone: 844-0106
3) Applicant's Status: (Check the appropriate response)
a) The applicant's name is on the deed to the property
XXX 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: Monon & Main. LLC.
Owner's address: c/o John Swinehart 8383 Craia Street. Suite 100. Indianapolis. In. 46250
_ Email: iswinehart@aunstrabuilders.com Phone: 596-1743
5) Record of Ownership:
Deed book NO./lnstrument No.
Page:
Purchase Date:
12/21/06
6) Common address of the property involved: 234 West Main Street. Carmel. In. 46032
Legal description: Unit 2F of the Monon & Main platted development (See Exhibit "A" Map
of Unit 2F location
Tax Map Parcel No.: 16-09-25-02-08-009.000
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7) State explanation of requested Special Use Development Standards Variance Request
from Section 15.26 of the PUD-Z-462-04 ofthe Monon & Main PUD Ordinance to permit non-
residential uses on the 1 S\ 2nd and 3rd Floor of this live work dwelling
8) State reasons supporting the Special Use: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Special Use").
See Exhibit B
Page 1 of 8 - z:\shared\formsISZA applications\ Special Use ApplicaJion rev. 0110312006
9) Present zoning of the property (give exact classification): Monon & Main PUD
Ordinance No. PUD-Z 462-04
10) Present use of the property: the live work dwelling unit is under construction
11) Size of lot/parcel in question: approximately .03 acres
12) Describe the proposed use of the property:
impact environmental consulting office
non-residential use to accommodate low
13)
Is the property:
Owner occupied
Renter occupied
Other Applicant is the contract purchaser of property
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.
Monon & Main PUD Ordinance No. Z-462-04
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 special use is granted, when will the work commence? Immediately after
approval of the variance request and upon final construction and completion ofumt 2F
17) If the proposed special use is granted, who will operate and/or use the proposed
improvement for which this application has been filed?
Jeff Watkins and/or Enviromental Services Associates. LLC only. If granted. the
approval SHALL NOT be applicable to any assigns. successors and/or future owners of
Unit 2F. If granted. the approval SHALL ONLY be applicable to Jeff Watkins and/or
Environmental Services Associates. LLC.
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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.
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STATEMENT OF CONSENT BY OWNER
I, hereby state that I am the owner 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.
Date:
(name) M f7tM-0.po (title)
6/10/07
STATE OF INDIANA
5S:
County of ~QYi ~{\ Before me the undersigned, a Notary
Public (County in which notarization takes place)
for ~.' Rf6 County, Stale of Indiana, parsonaily
appeared (Notary Public's county of residence)
on behalf of the Propertv Owner and acknowledged the
execution of the foregoing Instrument (Property Owner, Attorney, or Power of Attorney)
this-lD
day of ~r~~~
My commission expires: 6" /.:11 a.o J ,
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STATEMENT OF CONSENT OF PETITIONER
I, the petitioner involved in the foregoing application, hereby consent to this
application as is evidenced by my signature below.
Jeff Watkins and Environmental Se ices Associates, LLC
Name: J
of
Environmental Services Associates. LLC
~-/ cp 101
BY:
Date:
a ins. individually and as the owner and operator
Hamilton Co., IN - Online Reports
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Disclaimer:
The information available through this program is current as of 4/2/2007.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for,
accuracy. It may not reflect the current information pertaining to the property of interest.
0: 16-09-25-02-08-009.000
Property Address:
2U Nald......A... ~L/ vV*"-(VkjIV) ~eef
CARMEL, IN 46032
Deeded Owner: Monon S. Main LLC
Owner Address:
8383 Craig St Ste 100
INDIANAPOUS , IN 46250
Legal Description: MaNON & MAIN BLOCK 217.73 X 46.24 IRR
ge: 25/18/03
Subdivision Name: MaNON & MAIN
Block:
Deeded Acres: 0.03
Political Township: Clay
Lot Number(s): 2F
Most Recent Recorded Date: 12/21/2006
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1
@ 2005 Hamilton Co.
Websjt!LS.J!ggestiQn~H)sJssues I ConditlO.DH1f Us~ I Privacv Policv I Site MaD I Technical HelD I HOME
@ 2006, Hamilton County, Indiana - all rights reserved.
EXHIBIT
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http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno= 1609250208009000&d... 5/8/07
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JEFF WATKINS AND ENVIRONMENTAL SERVICES ASSOCIATES.
LLC
SUMMARY OF REASONS SUPPORTING VARIANCE REQUESTS
I. Low Impact Business
Jeff Watkins in the owner and operator of Environmental Services Associates,
LLC ("Environmental Services"), which is company that provides
environmental consulting services. Due to the nature of its operation and
clientele, this is a very low impact office type of use. Typically, the consultants
do not spend their entire day within the office. They are often out of the office
visiting sites or meeting with clients at their client's offices. Furthermore, when
clients of this business do visit the offices of Environmental Services, their
visits are relatively brief. Such visits by clients typically entail picking up or
dropping off documents or briefly meeting with the consultants to discuss their
projects. This business employs four (4) full time persons and two (2) part time
persons.
II. Nominal Impact on Traffic and Parkin!!
Because this business is by its very nature a low impact office use, it is our
sincere belief that the granting of the requested variance will have a nominal
impact on traffic and parking. Jeff Watkins, the owner of the business owns a
home just a few blocks away in the Arts and Design District and intends on
walking to work. The garage of this unit will also provide parking availability.
Further, there does exist other on-site parking spaces within the Monon & Main
development and there should also be available nearby off-site parking spaces
within the immediately surrounding area. Moreover, it is our understanding that
the Carmel Redevelopment Commission is moving forward on a project to
construct a parking garage near the northeast comer of 2nd Avenue NE and Main
Street that is intended to serve many of the adjacent businesses in the Old Town
Arts and Design District. Because this business does not experience many
client visits, the main parking need would be for its five (5) other employees.
Two (2) of these five (5) employees work part time. We believe that it is also
relevant that in other projects located in the Old Town area, the City and the
Department of Community Services has historically suggested that the general
public's view of parking availability may be antiquated or outdated in certain
scenarios. For example, if residents of this City are ever to become less reliant
on automobiles, we need to begin to understand that it is acceptable to park your
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car a block or two away from your destination and then walk to that destination.
Moreover, our understanding is that part of the current road improvement
project along this segment of Main Street will provide for more on-street
parking spaces that could also be utilized.
In consideration of all the above factors, we believe that the granting of this
variance will have a nominal impact on traffic and parking availability.
III. The Request is Consistent and Compatible with the Intent and
Spirit of the Monon & Main pun Ordinance
There have recently been other similar requests to utilize the 1St, 2nd and 3rd
stories of these Monon & Main units for non-residential uses. For example,
Artichoke Designs was granted a similar request in the Fall of 2006. The Staff
Report issued for that hearing supported the variances that Artichoke Designs
was requesting and also characterized the proposed use as a "low impact" type
of use. We believe that the use proposed by Environmental Services will have
even less of an impact than that of the Artichoke Designs business. Both
businesses essentially have the same number of employees, however, some of
the employees of Environmental Services are part time employees. Further,
unlike the Artichoke Designs business, there is no retail component of the
Environmental Services business. The Staff Report for the Artichoke Designs
project explained that it was sensible for buildings along Main Street to be
comprised mostly of retail/commercial uses, since it was a highly traveled
corridor in Old Town. The Staff Report for the Artichoke Designs project also
stated that the use would utilize very little "vehicular traffic" and that other
parking areas and on-street parking opportunities exist within the Monon &
Main development and the Old Town area generally. More importantly, the
Staff Report recognized that there may not be enough first floor area within
these types of structures for the proper utilization of certain retail and
commercial uses on the first floor. We believe that the same reasons that existed
to support the Artichoke Designs approval also exist to support the request of
Environmental Services.
While the Monon & Main project was never intended to be a high intensity
retaiVcommercial development, it was also not intended to preclude appropriate
low-impact businesses that fit the character and spirit of the Old Town Arts and
Design District. We believe that a business such as Environmental Services is
the type of business that should be located and encouraged within this area of
the Arts and Design District.
H:\Becky\artidIoke dcsigns\BZA ExIanationl.doc
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No, (Variance from Section 15.26 ofPUD Z-462-04 - Non-Residential Use on 1st, 2nd and 3rd floors)
Petitioner: Jeff Watkins and Environmental Services Associates, LLD
FINDINGS OF FACT - USE VARIANCE
L The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because most of the buildings along this general segment of Main Street are
already retail and business uses and, since this is a highly traveled corridor and the proposed use is a
very low impact type of office use, the granting of this variance will not have an injurious 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 granting of the variance will simply permit the type of use that
is occurring around and near the property at the current time.
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 due to the fact that the Petitioner will be prevented from operating
on the site a low impact office type of use that is appropriate and compatible with the surrounding uses
and structures and is consistent with the intent for the Monon & Main development.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that 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 _th day of
,2007.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
Page 8 of 8 - Use Variance Application
EXHIBIT
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CHRISTY DALTON
New Hom~ Consultant
"--:.,,
Monon@j)\1ain
.2:.l;,.....~~
CARWlt.
(317) 569-1484
Fax (317) 569-1507
Cell (317) 371-(j)833
GunstraBuil~:~~~~__
mononandmain@Gu.~,.com
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RECfJVED
MAY 11 2007
. DOCS
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
of counsel
JANE 8. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, IN 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
May 11,2007
VIA HAND DELIVERY
Christine Barton-Holmes
City of Carmel
Department of Community Services
RE: Variance Application for Unit 2F of Monon & Main
Jeff Watkins and Environmental Services Associates, LLC
July 23,2007 BZA Meeting
Dear Christine -
Enclosed please find the following:
1. Two (2) copies of the BZA Variance application and all exhibits.
2. Two (2) copies of the Monon & Main site plan
My client and I met recently with Mike Hollibaugh to discuss this matter. The exhibits to the
application describe the request. I will be contacting you soon to schedule a meeting withmy
client to discuss this matter with you in more detail. After you process this application, ;lease
confirm for me that this matter will be placed on the BZA's agenda for its July 23f BZA
meeting. Thanks for your assistance in this matter and contact me with any questions.
Very truly yours,