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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
RECEIVED
\:'
..Y
DOCS
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each additional section of the
ordinance being varied.
All Other $1,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
I
DOC~ET NO. DATE RECEIVED:
1) Applicant: Burger King Corporation
Address: 5505 Blue Lagoon Drive, Miami, FL 33126
2)
Project Name: Proposed Burger King Restaurant
Engineer/Architect: Michael R. Dauss, Dauss Architects
Ph 630.548.4491
one:
Ph 765.649.2258
one:
Attorney:
Phone:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Build-to-Suit Land Lease
4)
If Item 3) (c) is checked, please complete the following:
Duke Construction L.L.P.
Owner of the property involved:
Owner's address:600 E 96th St., Suite 100, Indianapolis, IN 46240Phone: 317.808.6447
5)
Record of Ownership:
Deed Book No./lnstrument No. 2006074178
Pagllat Cabinet 4, Slide 208Purchase date: 12/14/2006
6) Common address of the property involved: 9853 N Michigan Road
Legal description: Attached
Tax Map Parcel No.:
17-13-07-00-25-002.000
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number{s) of the CarmeVClay Zoning Ordinance that applies and/or creates the need for this request).
Attached
Page 1 of 8 - z:lshared\forms\BZA applications\ Development Standards Variance Appli~tion rev. 12/29/2006
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Attached
9)
10)
Present zoning of the property (give exact classification):
B-3
Size of 10Vparcel in question:
1.1
acres
11) Present use of the property: Outlot for West Carmel Marketplace
12) Describe the proposed use of the property: New Burger King Restaurant
13)
Is the property: Owner occupied
Renter occupied Build-to-Suit Land Lease
Other
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.
None known.
15)
Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Fall 2007
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Burger King Corporation
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\lormsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006
AFFIDAVIT
J, 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.
Signed:
(Property Owner, Attorney, or Power of Attorney)
~4~
7/9/07
Date
Richard Sampson, BKC Construction Manager
(Please Print)
STATE OF INDIANA
SS:
County of
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Before me the undersigned, a Notary Public
for
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(Notary Public's county of residence)
County, State of Indiana, personally appeared
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(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
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My commission expires:
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Page 4 of 8 - z:\shared\lorms\BZA applications\ Development Standards Variance Application rev. 12/29/2006
LEGAL DESCRIPTION
A Part of Block H In the Secondary Plat for West Carmel Marketplace as per plat thereof
recorded September 26,2006 In Plat Cabinet 4, Slide 149 as Instrument No.
200600056955 in the Office of the Recorder of Hamilton County, Indiana and also being
part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows:
Commencing at the Northeast comer of the Southeast Quarter of said Section 7; thence
South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the North line of said
Southeast Quarter; thence South 00 degrees, 37 minutes 40 seconds East 1,255.30 feet;
thence South 88 degrees 40 minutes 49 seconds West 1,432.61 feet to the Easterly Right-
of-Way line of U.S. Highway 421; thence along said Easterly Right-of-Way line North
18 degrees 19 minutes 42 seconds West 26.76 feet to the POINT OF BEGINNING ofthis
description: thence continuing along said Easterly Right-of-Way line the following two
(2) courses: 1) North 18 degrees 19 minutes 42 seconds West 55.96 feet; 2) North 21
degrees 11 minutes 28 seconds West 117.30 feet; thence North 69 degrees 03 minutes 23
seconds East 274.51 feet; thence South 20 degrees 56 minutes 37 seconds East 173.20
feet; thence South 69 degrees 03 minutes 23 seconds West 276.55 feet to the Point OF
BEGINNING, containing 1.092 acres, more or less.
Also known as Lot 5 In the Secondary Re-plat of West Carmel Marketplace per plat
thereof recorded December 14, 2006 In Plat Cabinet 4, Slide 208 as Instrument No
200600056955 in the Office of the Recorder of Hamilton County, Indiana.
Docket No. 07070014 V
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 23C.ll. G (US
Highway 421- Michigan Road Corridor Overlay Zone): requiring stacking for drive-thru
lanes to be confined to the rear of the parcel with outlet from such lines also being to the
rear of the building.
Statement of Support
Burger King Corporation seeks variance from this requirement to allow for a side yard
drive-thru lane. The use of a side yard drive-thru lane will minimize possible congestion
at the east entrance drive to the site. The side yard drive-thru lane will also allow greater
separation of drive-thru circulation from other circulation.
-.: .' "r 'j
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL,INDIANA
Docket No.:
07070014 V
Petitioner:
Burger King Corporation
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 side yard drive-thru lane will minimize possible con~estion at the east entrance
drive to the site.
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:
Adjacent properties are all zoned for commercial use.
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 strict application of the Zoning Ordinance to the property would create the potential
for congestion at the east entrance drive to the site.
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:lshared\lorms\BZA applications\ Development Standards Variance Application rev. 12/29/2006
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT ST ANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each additional section of the
ordinance being varied.
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. "~~''fl/ DATE RECEIVED: ~utr 1~
1) Applicant: Burger King Corporation
Address:
5505 Blue Lagoon Drive, Miami, FL 33126
2)
Project Name: Proposed Burger King Restaurant
Engineer/Architect: Michael R. Dauss, Dauss Architects
Ph. 630.548.4491
one:
Ph 765.649.2258
one:
Attorney:
Phone:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Build-to-Suit Land Lease
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Duke Construction L.L.P.
Owner's address:600 E 96th St., Suite 100, Indianapolis, IN 46240Phone: 317.808.6447
5) Record of Ownership:
Deed Book No./lnstrument No. 2006074178
Pagl'at Cabinet 4, Slide 208Purchase date: 12/14/2006
6)
Common address of the property involved: 9853 N Michigan Road
Attached
Legal description:
Tax Map Parcel No.:
17-13-07-00-25-002.000
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).
Attached
H:es 8 'fbtJ.
Page 1 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Attached
9)
10)
Present zoning of the property (give exact classification):
B-3
Size of lot/parcel in question:
1.1
acres
11) Present use of the property: Outlot for West Carmel Marketplace
12) Describe the proposed use of the property: New Burger King Restaurant
13)
Is the property: Owner occupied
Renter occupied Build-to-Suit Land Lease
Other
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.
None known.
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Fall 2007
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Burger King Corporation
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 assianed until all supportina information has been submitted to
the Department of Community Services.
Page 2 of 8 - z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 12/29/2006
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 infonnation 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.
Signed:
(Property Owner, Attorney, or Power of Attorney)
~~~
7/9/07
Date
Richard Sampson, BKC Construction Manager
(Please Print)
STATE OF INDIANA
88:
County of
:;m~
( nty in which notarization takes place)
Before me the undersigned, a Notary PubUc
for
~~
(Notary Public's county of residence)
County. Stat~ of Indiana. personally appeared
Q~~
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
~ \'\\ day of
~
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Notary Public--PIease Print
My commission expires:
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Page 4 of 8 - ~....\BZA ~ ~1...1t Sland8rdB vartance ApplIcatIon 1lIV. 1212912008
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
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 side yard drive-thru lane will minimize possible con~estion at the east entrance
drive to the site.
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:
Adjacent properties are all zoned for commercial use.
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 strict application of the Zoning Ordinance to the property would create the potential
for congestion at the east entrance drive to the site.
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. 12/29/2006
Docket No.
DSV
Statement of Variance
Variance Request from City of Carmel Zoning Ordinance Section 23C.ll.G (US
Highway 421 - Michigan Road Corridor Overlay Zone): requiring stacking for drive-thru
lanes to be confined to the rear of the parcel with outlet from such lines also being to the
rear of the building.
Statement of Support
Burger King Corporation seeks variance from this requirement to allow for a side yard
drive-thru lane. The use of a side yard drive-thru lane will minimize possible congestion
at the east entrance drive to the site. The side yard drive-thru lane will also allow greater
separation of drive-thru circulation from other circulation.
LEGAL DESCRIPTION
A Part of Block H In the Secondary Plat for West Carmel Marketplace as per plat thereof
recorded September 26, 2006 In Plat Cabinet 4, Slide 149 as Instrument No.
200600056955 in the Office of the Recorder of Hamilton County, Indiana and also being
part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows:
Commencing at the Northeast comer of the Southeast Quarter of said Section 7; thence
South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the North line of said
Southeast Quarter; thence South 00 degrees, 37 minutes 40 seconds East 1,255.30 feet;
thence South 88 degrees 40 minutes 49 seconds West 1,432.61 feet to the Easterly Right-
of-Way line of U.S. Highway 421; thence along said Easterly Right-of-Way line North
18 degrees 19 minutes 42 seconds West 26.76 feet to the POINT OF BEGINNING of this
description: thence continuing along said Easterly Right-of-Way line the following two
(2) courses: 1) North 18 degrees 19 minutes 42 seconds West 55.96 feet; 2) North 21
degrees 11 minutes 28 seconds West 117.30 feet; thence North 69 degrees 03 minutes 23
seconds East 274.51 feet; thence South 20 degrees 56 minutes 37 seconds East 173.20
feet; thence South 69 degrees 03 minutes 23 seconds West 276.55 feet to the Point OF
BEGINNING, containing 1.092 acres, more or less.
Also known as Lot 5 In the Secondary Re-plat of West Carmel Marketplace per plat
thereof recorded December 14,2006 In Plat Cabinet 4, Slide 208 as Instrument No
200600056955 in the Office of the Recorder of Hamilton County, Indiana.
Mike Dauss
Page 1 of2
From:
To:
Cc:
Sent:
Attach:
Subject:
"Holmes, Christine B" <cholmes@carmel.in.gov>
"Blanchard, Jim E" <JBlanchard@carmel.in.gov>; "Boone, Rachel M." <rboone@carmel.in.gov>;
<kbrennan@carmel.in.gov>; "Brewer, Scott I" <SBrewer@carmel.in.gov>; "Conn, Angelina V"
<Aconn@carmel.in.gov>; "DeVore, Laura B" <Idevore@carmel.in.gov>; "Dolan, Veronica A"
<VDolan@carmel.in.gov>; "Hancock, Ramona B" <RHancock@carmel.in.gov>; "Hohlt, William G"
<WHohlt@carmel.in.gov>; "Hollibaugh, Mike P" <MHollibaugh@carmel.in.gov>; "Holmes,
Christine B" <cholmes@carmel.in.gov>; "Keeling, Adrienne M" <AKeeling@carmel.in.gov>;
"Lillard, Sarah N" <SLillard@carmel.in.gov>; "Littlejohn, David W" <dlittlejohn@carmel.in.gov>;
<dmast@carmel.in.gov>; "Mind ham, Daren" <dmindham@carmel.in.gov>; "Miser, Craig"
<cmiser@carmel.in.gov>; "Ochs, James A" <JOchs@carmel.in.gov>; "Schriner, Adam J"
<ASchriner@carmel.in.gov>; "Stewart, Lisa M" <Istewart@carmel.in.gov>; "Tingley, Connie S"
<CTingley@carmel.in.gov>; "Weddington, Trudy A." <tweddington@carmel.in.gov>
"Mike Dauss" <mikedauss@daussarchitects.com>
Tuesday, May 22, 2007 3:45 PM
BZA Public Notice Sign Procedure.pdf
Docket Nos. Assignment: (DSV) Burger King, West Carmel Marketplace (#07050018 DSV,
07050020 DSV, 07050021 DSV)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers and fees for
(DSV) Burger King West Carmel Marketplace. They will be the following:
Docket No. 07050018 DSV $1056.00
Docket No. 07050020 DSV $500.00
Docket No. 07050021 DSV $500.00
Total Fees: $2056.00
The applicant seeks the following development standards variance approvals:
Docket No. 07050018
Section 27.08
minimum parking requirements
Docket No. 07050020
Section 25.07.05 maximum number of drive-through menu boards
Docket No. 07050021
definition
Section 3
maximum percentage of logos on permitted signs/logo
The site is located in West Carmel Marketplace and is zoned B3/Commercial Retail.
Filed by Mike Dauss of Dauss Architects for Burger King Corporation and Duke Construction.
Petitioner, please note the following:
1. This Item will not appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, May 31. Published notice is
required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is
required; see attached pdf.
5/22/2007
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.
4/19/07
Date
Richard Sampson, BKC Construction Manager
(Please Print)
STATE OF INDIANA
SS:
,
countYOf~
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
-m~
(Notary Public's county of residence)
County, State of Indiana, personally appeared
~~ L.-M.lUk- J BK e. Cn.J. Tn f'J' and acknowledge the execution of the foregoing instrument this
(Property O~, or Power of Attorney)
/914 dayof
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Notary ~liC--Signature
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My cOlijmission expires:
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Page 4 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006
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CITY OF CARMEL - CLAY TOWNSHIP / ~ ~y---- ,.,,~)\
HAMILTON COUNTY, INDIANA l~:,,, \
, \
APPLICATION FOR BOARD OF ZONING APPEALS ACTION {oo ~I
DEVELOPMENT STANDARDS VARIANCE REQUEST \~
FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each a~i ~., . :tl
ordinance being varied. ,._--.U~_
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO.
1) Applicant: Burger King Corporation
Address: 5505 Blue Lagoon Drive, Miami, FL 33126
DATE RECEIVED:
2)
Project Name: Proposed Burger King Restaurant
Engineer/Architect: Michael R. Dauss, Dauss Architects
Ph 630.548.4491
one:
Ph 765.649.2258
one:
Attorney:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Build-to-Suit Land Lease
4) If Item 3) (c) is checked, please complete tHe following:
Owner of the property involved: Duke Construction L.L.P.
Owner'saddress:600 E 96th St., Suite 100, Indianapolis, IN 46240Phone: 317.808.6447
Phone:
5) Record of Ownership:
Deed Book No.llnstrument No. 2006074178
pag/lat Cabinet 4, Slide 208Purchase date: 12/14/2006
.
6) Common address of the property involved:
Legal description: Attached
Tax Map Parcel No.:
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the CarmeVClay Zoning Ordinance that applies and/or creates the need for this request).
Attached
17 -13-07 -00-25-002.000
Page 1 of 8 - z:\sharedllorms\8ZA app/ic:ations\ Development Standards Variance Application rev. 12I29l2OO6
Survey Boundaries
- Township Lines
Transportation
Abc Interstate Hwy Text
Abc U.S. HwyText
Abc State HwyText
Abc Primary Rd Text
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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) $270.00 for the first variance, plus $83.00 for each additional section of the
ordinance being varied.
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. f)~oGoo l~f)6J
DATE RECEIVED:
1) Applicant: Burger King Corporation
Address: 5505 Blue lagoon Drive, Miami, Fl 33126
2)
Project Name: Proposed Burger King Restaurant
Engineer/Architect: Michael R. Dauss, Dauss Architects
Attorney:
Ph 630.548.4491
one:
Ph 765.649.2258
one:
Phone:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Build-to-Suit land lease
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Duke Construction L.L.P.
Owner'saddress:600 E 96th St., Suite 100, Indianapolis, IN 46240Phone: 317.808.6447
5) Record of Ownership:
Deed Book No.llnstrument No. 2006074178
Pagllat Cabinet 4, Slide 208Purchase date: 12/14/2006
6) Common address of the property involved:
Legal description: Attached
Tax Map Parcel No.:
17-13-07-00-25-002.000
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).
Attached
Page 1 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006
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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").
Attached
9)
10)
Present zoning of the property (give exact classification):
B-3
Size of lot/parcel in question:
1.1
acres
11) Present use of the property: Outlot for West Carmel Marketplace
12) Describe the proposed use of the property: New Burger King Restaurant
13)
Is the property: Owner occupied
Renter occupied Build-to-Suit Land Lease
Other
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.
None known.
15)
Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Fall 2007
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Burger King Corporation
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\formsIBZA applicationsl Development Standards Variance Application rev. 12/29/2006
,-
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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.
Sgned: ~~~
(Property Owner, A ney, or Power of Attorney)
4/19/07
Date
Richard Sampson, BKC Construction Manager
(Please Print)
STATE OF INDIANA
55:
County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
~~
(Notary Public's county of residence)
County, State of Indiana, personally appeared
~ ~J,~ J r3 ~ (! ~. 'tt\~ and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
/ ?tt day of
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Notary Public--Please Print
My commission expires:
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Page 4 of 8 - z:lshared\formslBZA applicationsl Development Standards Variance Application rev. 12129/2006
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LANOBOUNDARY DESCRIPTION
A Partof Block H In the Secondary Plat for West Cannel Marketplace as per plat
thereof recorded September 26, 2006 In Plat Cabinet 4, Slide 149 as Instrument
No. 200600056955 in the Office of the Recorder of Hamilton County, IndIana and
.also being part of Section 7, Township 17 North, Range 3 East, Hamilton County, .
Indiana, described as follows:
Commencini;j".at the Northeast comer of the Southeast. Quarter of said Section 7;
thence South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the
North line of said Southeast 'Quarter; thence South 00 degrees, 37 minutes 40
seconds East 1.255.30 feet; thence South'88 degrees 40 minutes 49 seconds
West 1.432.61 feet to the Easterly Right-of-Way Une of ~..S. Highway 421; hence
along said Easterly Right-of-Way line North 18 degrees 19 minutes 42 seconds
West 26.76 feet to the POINT,OF BEGINN~NG of this description': thence
continuing along sold Easterly Right-at-Way line the following two (2) courses: 1)
North 18 degrees 19 minutes 42 seconds West 55.96 feet; 2)North 21 degrees 11
minutes 28 seconds West 117.30 feet; thence North 69 degrees/03 minutes 23
seconds East 274.51 feet; thence South 20 degrees 56 minutes 37 seconds East
173.20 teet; thence Sooth 69 degrees 03 minutes 23 secOnds West 276.55 feet to
the POINT OF BEGINNING, containing 1.0192 acres, more or less.
. \,
Also known as Lot 5 I n the Secondary Re-plat of West Carmel Marketplace per
plat thereof recorded December 14,2006 In Plat Cabinet 4. Slide 208 as
Instrument No. 2006074178 In the Office of the Recorder of Hamilton County,
Indiana.
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Item No.7 requested Development Standards Variance Request
1. Variance Request from City of Carmel Zoning Ordinance Signage within a unified
development, West Carmel Marketplace Commitments: "a logo can only make up 25%
of the sign area."
Burger King Corporation seeks a variance from this requirement to allow the use of their
trademarked "Button Logo" sign as the only signage on the building. The "Button Logo"
includes the words "Burger King" in the logo and serves as the signage for their
restaurants. The "Button Logo" is the corporate trademark and is used throughout the
country and is the recognized identification for their restaurants. There will be no
additional channel lettering or signage applied to the elevation of the building.
1,.
Variance Request from City of Carmel Zoning Ordinance Chapter 25.07.05: a maxImum
area of 16 square feet for drive-thru menu sign.
Burger King Corporation seeks a variance from this requirement to allow the use of their
standard drive-thru order menu board. The requirement of 16 square feet would not
allow them to display all oftheir menu items limiting the type of business they could do
through the drive-thru service windows. The use of the standard menu boards will also
allow the customer to easily identify the items offered and make their selections in an
efficient and timely manner.
;.
Variance Request from City of Carmel Zoning Ordinance Chapter 27.08: requiring one
parking space for each 50 gross square feet of building area.
The required parking for this facility would be calculated as follows: 2,600 sq.ft. of
building area / I parking space per 50 sq.ft. = 52 total parking spaces
Burger King corporation seeks variance from this requirement to provide 31 parking
spaces on site plus 10 drive thru stack spaces for drive thru food sales. There are 55 seats
planned for the dining room area of this restaurant. Applying the standard used for a
restaurant without drive-thru food sales to determine the number of spaces required per
seated patrons results in: (1) space per every 2.5 patron seats, plus one space per
employee per largest shift = 22 parking spaces for patrons and 9 spaces for employees.
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