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HomeMy WebLinkAboutApplication DSV Withdrawn FEE: ~~liL1~>: , '~<: ~ '~ c~.. APPLICATION FOR BOARD OF ZONING APPEALS ACTION ~ ~,,:'~' DEVELOPMENT STANDARDS VARIANCE REQUEST .~? ~3 ~@ ('3,;;) '<<, ~. Single Family (~rimary Residence) $27500 for the first variance, plus $85.00 for each additiol1~>>s'1ctioo_of \<(,1;Y" theordmance bemg varied. ~id ~~ ~ ,Y All Other $1 ,090.00 for the first variance, plus $515.00 for each additional section of the ordinance bern-g" varied OR see Hearing Officer Fees u u CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA DOCKET NO, DATE RECEIVED: 2) Project Name: Phone: See Exhibit B 1) Applicant: The Blackstone Group \ Address: S Phone: See Exhibit B 4) Attorney: Charles D. Fran nberger .'\. Contact Person. See Exhibit "B~ Emal!: See Exhibit "B" '" Applicant's Status' (Check the approprl~ response) (a) The applicant's name IS Oy/the~eed to the property X (b) The applicant is the cO/r.ltract pur-ehaser of the property (c) Other ~ If Item 3) (c) is checked, p'eas1e. ~mPlete the fOII~ g: Owner of the property involv Owner's address: Phone: Phone: 844-0106 Phone' See Exhibit B W dJYaMVl 3) 6) Deed Book NoJlnstrument No. See Exhibit "A" Page: / Purchase date: Common addresfof the property involved: 11411 N. Michiqan Road. Zionsville~~~6077 -( Legal description: See Exhibit "A" 5) Record of Ownership: Tax Map Parcel No.: 17-13-06-00-00-035.000 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)_ A developmental standards variance is requested from Section 27.08 of the Zoning Ordinance to allow fewer than the required number of parkinq spaces. Page 1 of 10 u u 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). See Attached - Findinqs of Fact 9) Present zoning of the property (give exact classification): B-5 (Business) 10) Size of lot/parcel in question: Approximatelv 2.99 acres 11) Present use of the property: Real Estate Office 12) Describe the proposed use of the property: Funeral Home/Mortuary/Crematorv 13) Is the property: Owner occupied _X Renter occupied 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. Applicant will also be seekinq DP/ADLS approval. Variance approval for siqn area. and a Special Use approval 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: NA Builder: NA 16) If proposed appeal is granted, when will the work commence? Immediately upon obtaininq all required approvals 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns NOTE: LEGAL NOTICE shall be published in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the public hearing dale. The certified "Proof of Publicalion" 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 10 adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing dale.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutling property owner aCknowledging the twenty-five (25) day notice should be kept for verification that Ihe 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 suooortinq information has been submitted to the Department of Community Services. Page 2 of 10 I . u u APPLICANT'S STATEMENT The undersigned is the applicant and contract purchaser of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are true and correct to thehest of my knowledge and belief The undersigned is authorized by the.owner-to act on the owner's behalf with regard to this application and subsequent hearings .andtestimony. partnership STATEOF TIII"V)o;s ss: r:*~.'O~F'*F'.~IC~**.~~~~.'~.~~~~~'X' : .. 'AL' SEAL ';~ ;i: MICHIeI.!l..EI1l..FUNSCH :~ .;s NOTARY Pf,/BUC. STATEQf. IlliNOIS :~ l~~rsslON EXPIRE.S 1l)..21;201C:? ~~~~~~~~?~~~~~ ill, (V! die...- A-. hi nsck, (Printed or Typed) My Commission Expires: ~\WIO H:\BeckylZonlng 1\ Real Estate MettofS\tll>is?n Funeral Home'AppI.",lions\8ZA Af'lllicatlon - OS\! - Sign lOO70B,doc Page4of10 u u Exh ibit "A" (INSTRUMENT #92-30706) A part of the N0l1hwest Quarter of Section 6, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana. More particularly described as follows: Beginning 629.59 teet Northwesterly to the South line of said Quarter Section on the center line oflJ.S. Highway 42\; thence continuing in a Northwesterly direction on and along the center line of U.S. Highway 42\ North 16 degrees 15 III inutes West 251.01 teet; thence North 90 degrees and 00 minutes East 714.3 feet; thence South 16 degrees and 57 minutes West 157.0 feet; thence south 81 degrees and 10 minutes West 648.99 teet to the center line of U.S. Highway 421 and also the place of beginning containing in a1l3.J 0 acres, more or less, in Hamilton County, Indiana. EXCEPTING THEREFROM THE FOLLOWING PORTION CONVEYED FOR RIGHT OF WAY PURPOSES ACCORDING TO RECORD DESCRIPTION (INSTRUMENT #2000- 7273): A part of the Northwest Quarter of Section 6, Township 17 North, Range 3 east of the Second Principal Meridian, Hamilton County, Indiana, and being all that patt of the owner's land lying within the right of ~way lines depicted on the attached Right of Way Parcel Plat of Parcel 32, also described as follows: Commencing at a point 629.59 feet Northwesterly of the South line of said Quarter Section on the centerline of U.S. Highway 421 (the foregoing portion of this description, beginning with the words "629.95 feet Northwesterly" is quoted from Instrument No. 9230706), which point is the southwest corner of the owner's land; thence North 71 degrees 28 minutes 33 seconds East 15.257 meters (50.06 feet) along the southern line of the owner's Jand to the eastern boundary of said U.S. 421 and the Point of Beginning of this description; thence North 15 degrees 48 minutes 20 seconds West 53.086 meters (174.17 feet) along said boundary of U.S. 421; thence continuing along said boundary Northwesterly 22.609 meters (74.18 teet) along an arc to the left and having a radius of 1761.133 meters (5778.00 feet) and subtended by a long chord having a bearing of North 16 degrees 10 minutes 24 seconds West and a length of22.609 meters (74.18 leet) to the northern line of the owner's land; thence North 80 degrees 25 minutes 06 seconds East 5.803 meters (19.04 feet) along said northern line to point "' 1232" as shown on said Right of Way Parcel Plat; thence Southeasterly 21.980 meters (72.11 feet) along an arc to the right and having a radius of 1766.393 meters (5796.89 feet) and subtended by a long chord having a bearing of South 16 degrees 09 minutes 43 seconds East and a length of 21.980 meters (72.11 feet) to point "785" as shown on said plat; thence South ] 5 degrees 48 minutes 20 seconds East 52.812 meters (173.27 feet) to said southern line of the owner's land; thence South 71 degrees 28 minutes 33 seconds West 5.766 meters (18.92 feet) along said southern Jines to the point of beginning and containing 0.043 hectares (0. J 07 acres) more or less. NOTE: In the above description per the record deed cites the following "629.95 feet Northwesterly". Said distance should actually read 629.59 feet (FOR REF. ONLY: Containing 2.99 acres, more or less.) Page 9 of 10 L Applicant 2. Attorney 3. Engineer 4. Architects w EXHI BIT "B" CONTACT LIST The Blackstone Group Attn: Joe Hurwitz, General PatineI' I Lawrence Square Springfield, IL 62704 Phone: (217) 544-4002 Fax: (217) 544-5711 Charles D. Frankenberger Nelson & Frankenberger 3105 E. 98th Street, Suite 270 Indianapol is, IN 46280 Phone: (3 17) 844-0 106 Fax: (317) 846-8782 EmaiI: Charlie@nf-law.com D. Scott Bordenet, PE, LS 8902 Alibeck Ct Indianapolis, IN 46256 Phone: (317) 536-6181 Email: sbordenet@civil-Is.com Marc Tworek, General Manager Miranda Construction Group 410 North US 31 Suite 100 Whiteland, IN 46184 Phone: (317) 535-7307 Fax: (317) 535-9814 Email: marc@baxterset.com Page 10 of 10 u u u -~ OWNER'S CONSENT The undersigned, being the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes Blackstone Group, an minois general partnership (the "Applicant) along with '~. employees, engineers, land .plan.!lcrs, ,_~ttomeys, attorney's employees, and agents, as fOll\:>w"s' _ /-.~. . '..,.11.'"",,~~~;,,~ 1. To file with the Plan Commission of the City of Carmel (the "Plan Commission") and the Board of Zoning Appeals of the City of Carmel (the "BZA"), with respect to the Real Estate, applications to obtain (i) architectural design, lighting, landscaping and signage ("ADLS") approval, (ii) development plati CDP") approval, (iii) developmental standards variances regarding parking, signage or other standards, and (iv) any other approvals that may be required or deemed necessary by the Applicant to develop the Real Estate to allow a funeral home and crematorium (collectively the " Approvals"); 2. To pursue the Approvals before the Plan Commission and any committees of the Plan Commission and the BZA; "Owner" "Owner" Dated: Dated: 7-/0 -l?8'"" Jerry J Alexand , as Co-Trustee under The Je 1. and Susan C. Alexander Living Trust Dated June 4, 2004 and any Amendments thereto \.iu<f~ er O~<-./ Susan C. Alexander, as Co~ rustee under The Jerry J. and Susan C, Alexander Living Trust Dated June 4, 2004 and any Amendments thereto u u ~, EXHIBIT "An RECORD DESCRIPTION (INSTRUMENT #92-30706l A part of the Northwest Quarter of Section 6, Township It-North, Range 3 East in Clay ,___Township, Hamilton County, Indiana. .Mo.re particularly described as follows: Beginning 6.29;~~f~~tl!~rt~~~~.r4r.,~\t.the sumo line of said Quarter Section on the center line of U.S. Highway421~ thence continuing in a Northwesterly ditectionon and along the centerline of U.S. Highway 42] North 16 degrees ]5 minutes West 251.01 feet; thence North 90 degrees and 00 minutes East 714.3 feet; thence South 16 degrees and 57 minutes West 157.0 feet; thence south 81 degrees and 10 minutes West 648.99 feet to the center line orus. Highway 421 and also the place of beginning containing in all 3.10 acres, more or less, in HamiifolfCounty, Indiana. EXCEPTING THEREFROM THE FOLLOWING PORTION CONVEYED FOR RIGHT OF WAY PURPOSES ACCORDING TO RECORD DESCRlPTION (INSTRUMENT #2000-7273): A part oftheNorthwest Quarter of Section 6, Township 17 North, Range 3 east of the Second Principal Meridian, Hamilton County, Indiana, and being all that part of the owner's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat of Parcel 32, also described as follows: Commencing at a point 629.59 feet Northwesterly of the South line of said Quarter Section on the centerline of US. Highway 421 (the foregoing portion ofthis description, beginning with the words '''629.95 feet Northwesterly" is quoted from Instrument No. 9230706), which point is the southwest corner of the owner's land; thence North 71 degrees 28 minutes 33 seconds East 15.257 meters (50.06 feet) along the southern line of the owner's land to the eastern boundary of said U.S. 421 and the Point of Beginning ofthis description; thence North 15 degrees 48 minutes 20 seconds West 53.086 meters (174.17 feet) along said boundary-ofUS. 421~ thence continuing along said boundary Northwesterly 22.609 meters (74.18 feet) along an arc to the left and having a radius of 1761.133 meters (5778.00 feet) and subtended by a long chord having a bearing of North 16 degrees 10 minutes 24 seconds West and a length of22.609 meters (74.18 feet) to the northern line of the owner's land; thence Nqrth 80 degrees 25 minutes 06 seconds East 5.803 meters (19:04 feet) along said northern line to point "1232" as shown on said Right of Way Parcel Plat; thence Southeasterly 21.980 meters (72.1 I feet) alonga.n arc to the right and having a radius of 1766393 meters (5796.89 feet) and subtended by a long chord having a bearing of South 16 degrees 09 minutes 43 seconds East and a length of21.980 meters (72.11 feet) to point "785" as shown 011 said plat~ thence South 15 degrees 48 minutes 20 seconds East 52.812 meters (173.27 feet) to said southern line ofthe owner's land; thence South 71 degrees 28 minutes 33 seconds West 5.766 meters (18.92 feet) along said southern lines to the point of beginning and containing 0.043 hectares (0 107 acres) more or less. NOTE: In the above description per the record deed cites the fonowing "629.95 feet Northwesterly:'. Said distance should actually read 629.59 feet. (FOR REF. ONLY: Containing 2.99 acres, more or less.) D.\a....a....\...,......:..... f'. o:o......l.li......._ ....-_''--'-......1"..... --............-1' '-'I.........lf"\-...........'.........- A-.