HomeMy WebLinkAboutApplicationsCITY OF CARMEL -CLAY TOWNSHIP _=
HAMILTON COUNTY, INDIANA R~CEN~~
APPLICATION FOR BOARD OF ZONING APPEALS ACTION '. MAR ~ 7 2~Da
4-.
DEVELOPMENT STANDARDS VARIANCE REQUEST pQCs
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of the
ordinance being varied.
All Other $1,090 for the first variance, plus $515.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET N0. DATE RECEIVED:
1) Applicant: Insieht EnQineerine. Inc.
Address:
2) Project Name: Circle K, 1230 S. Rangeline Road Phone:
Engineer/Architect:_InsiRht EnQineerinQ Inc. Phone: 317-848-9040
Attorney: Phone:
Contact Person: Donald W. Fisher, President Phone: 317-848-9040
Email: dfisher@insiQhtenQineering come
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property (b) The applicant is the contract
purchaser of the property
(c) Other: the applicant is a limited agent o$rthe onwer for permitting, zoning,
and approvals for the property.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Mac's Convenience Stores, LLC
Owners address: PO Box 347 olumbus IN Phone: 812-379-9227
5) Record of Ownership:
Deed Book No./Instrument No. 2006 44136
Page: Purchase date: 3 / 14 / 06
6) Common address of the property involved: 1230 S . Rangeline Road
Legal description:
Tax Map ParcelNo.: 16-09-36-04-02-005.000
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).
Petitioner requests a vsriance of Development Standards section 23F.09 for building
setbacks. Subsection ~p1g
the right of way line of ten feet. The proposed remodel of the existing convenience
store huildine and fu 1 area r nnpy i 11 p 1 r r>, t s e;`1-3.~ $'
for the store from Rangeline Road and 59.8" from Carmel Drive. The canopy will have
setbacks of 34' from Rangeline Road and 96.7' from Carmel Drive.
Page l0r B-zBS~areNOrms\BZA applications) Developmen[Stantlartls Variance Appliwtlon rev 0111112008
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
-sheet entitled "Findings of Fact-Development Standards Variance").
See attached sheet
9) Present zoning of the property (give exact classification): B'3
10) Size of IoUparcel in question: 0186 acres
11) Present use of the property: fueline 3tationlconvenience store/carwash _
12) Describe the proposed use of the property: f„i • g r r• / nr crn e
13) Is fhe 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.
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?
Summer 2008
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Circle K
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 assigned until all suooortino information has been submitted to
the Department of Community Services
Page20f $-z:\shara0\forms\6ZA applications\Development Stantlartls Variance Application rev. otll l/2008
8) State reasons supporting the Development Standards Variance:(Additionally,
complete the attached question sheet entitled" Findings of Fact-Development
Standards Variance").
The proposed project is remodel and addition to an existing Circle K Shell
convenience center. The building will have a new exterior facade and the fuel
canopy a new top structure. The existing store to be remodeled is not currently
positioned to meet the overlay standazds. An expansion to meet this standard
would virtually eliminate vehicle access and the intended use of the site. The
existing underground fu81 storage tanks are located on the site to allow safe access
for fuel delivery trucks. The tanks are located along both right of way lines. It is
impractical as well as both dangerous and against state building regulations to
position a building on the ground above the fuel tanks.
Kevin Merritt
Director of Facilities
Tel: (812) 379-9227 Ex1-1206
Circle K Midwest Division Cell: (812) 343-2869
Post Office &>x 347 Fax: (812) 3142037
Cduri~us, W 47202 - Email: kmerrilt~cirdekmidwesLCOm
Michael J. Broughal
Director of Real Estate
Tel: (812) 379-9227 &c 1150
Circle K Midwest Division Fax: (812)379-7002
Post Office Box 347 Celli (812)343-3963
Cdu*~is, 4id'una 47202 Email: mbroughal~circlekmidwestcom
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.
Signed:WV ~ 3~7~
(Property Owner, Attorney, or Power o Attorney) Date
Donald W. Fisher
(Please Print)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Hamilton County, State of Indiana; personally appeared
(Notary Public's county of residence)
-nna 1 A w_ F; aher and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
17 day of March
CY 1. SPENCER
Notary Public
SEAL
State of Indiana
AAy Comrrdaelon EMpires Aprll22, 2016
20 08
Nota Public--Signa ure
Tracy L. Spencer
Notary Public--Please Print
My commission expires:
4/22/20ID6
POge40f 8-zisnareWOrtns\BZA applica[ions\Oevelopment Stantlartls Variance Application rev. 01/11 rz008
`~
No: 000367009
EXHIBIT A
LEGAL DESCRIPTION
Part of the Southeast Quarter of Secton 36, Township 18 North, Range 3 East in HamiRon County, Indiana, more
particularly described as to6ows:
Commencing at the Northeast comer of said Southeast Quarter Section; thence South 00 degrees 00 minutes 00
seconds Easl (assumed bearing) along the East tine of said Quarter Section 938.15 feet; thence South 90 degrees 00
minutes 00 seconds West 75.00 feet to the POINT OF BEGINNING; thence conOnuing South 90 degrees 00 minutes 00
seconds West 160.00 feet; thence South 00 degrees 00 minutes 00 seconds East and parallel with the East line of said
Quarter Section 200.00 feet; thence North 90 degrees 00 minutes 00 seconds East 190.00 feel; thence North 00
degrees 00 minutes 00 seconds West and parallel with [he East tine of said.Quarter Sectlon 167.12 feet; thence North
42 degrees 22 minutes 24 seconds West 44.51 feet to the Point of Beginning.
LEGAL 6/9r S9
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: ~~ ~ 3dt~ 1 ~ V
Petitioner: Insight Engineefiing Inc.
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 improved utilization of the site as a convenience ,tore with fuel~lsales
will allow traffic flow and access by motor vehicles a:; well as pedestrians
as is necessary far this type of facility.
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 proposed project represents a substantial improvement to the site and an
enhancement to the area adjacent to the property
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 existing convenience store to be remodeled and expanded is located too far
away from the right of way lines to meet the overlay requirement. Add?utionally,
the existing underground fuel storaage tanks are located along both right of way
lines to allow safe fuel deliveryECI510Nnker trucks.
IT IS THEREFORE the decision of the Carmel/Clay BoDDard 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 _ Zp
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).
Pd9e 80f 8-ztshareNfoimslBZA appliwtionsl Develppmenl5~antlartlS Variance ApplicaUOn re¢pV1ll'NOB
CITY OF CARMEL -CLAY TOWNSHIP RECEIVED
HAMILTON COUNTY, INDIANA MAR 1 d 2008
APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCS
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of the
ordinance being varied.
All Other $1,090 for the first variance, plus $515.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO.
DATE
1) Applicant: Insight EnRiaeerin~, Inc.
Address:- 9765 Randall Drive, Suite C, Indiana~nt;c, rN ~w80
2) Project Name: Circle K. 1230 Rangeline Rd Phone.:
Engineer/Architect: Insight Engineering, Inc. Phone:
Attorney:
Contact Person: Donald W. Fisher
317-848-9040
317-848-9040
Email: dfisher@insit;htenQineerinQ.com
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
(c) Other:- The applicant is a limited agent of the owner for permitting, zoning
and approvals for the property.
4) If Item 3) (c) is checked, please complete the following:
Ownerofthepropertyinvolved: Mac's ;Oonvenience Stores, LLC
Owners address: PO Box 347, Columbus, IN Phone: 812-379-9227
5) Record of Ownership:
Deed Book No./Instrument No. 2006 44136
Page: Purchase date: 3 / 14 / 06
6) Common address of the property involved: 1230 S. Rangeline
Legal description:
Tax Map Parcel No.: 16-09-36-04-02-005.000
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).
Petitioner requests a variance of Development Standards section 23F.07 for
building height. SubsectionlOl requires a minimum of too stories and subsection
.02 requires a minimum of 26 feet The proposed remode"L of the existing
convenience store is proposed to increase the height from 13' 1" to 27' 2"
fnr the to?n antranra naAi ant A 71' 1^ f rh r -~.,b ~yyl~ 11 _
The existing canopy remodel will increase the height from 16'7" to approximately
17'9".
Page 10r 8-z\sheretlVOrtns\BZA applications\Oevalopment StanEartls Variance Applifatlon rev. Ot/11I2008
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The proposed project is a remodel and addition to an ex:Lsting Circle K Shell
convenience center. The building will have a new exter:Lor facade and the fuel
area canopy a new ton t e. The exi ing facilit;e~,-~ are one story structures
The remodel of the building increases the height of the primary bcrildigg significantl
9) Present zoning of the property (give exact classification): B-3 ~ 91
10) Size of IoUparcel in question: 0.86 acres N
11) Present use of the property: (,,,ling etatinn/rnn~~anianra atnra/r;irwaah bI`ty,`
12) Describe the proposed use of the property: fueling station/convenience store
13) Is the property: Owner occupied
Renter occupied
Other
X
14) Are there any restrictions, laws, covenants, variances, special uses, or appezils 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.
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?
Summer 2008
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Circle K
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 assigned until all suooortino information has been submitted to
the Department of Community Services.
Page2Ot B-zavhareavorms\BZA applicaGansl Development StanGartls Variance Appliw~ion rev. 01/112008
but providing additional occupiable stories is impractical for the building and essentially
im~pesible for the fuel area canopy. The convenience store with fuel sales business
is not conducive to occupying multiple stories. The site size of less ithan one acre
precludes providing adequate parking, access, and delivery routes for additional uses
omnthe site.
a •
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.
STATE OF INDIANA
SS:
Signed:~-,~(J,C~-~_ egg ~ / ~r
(Property Owner, Attorney, or Power of Attorney) Da e
(Please Print)
County of ~' (//~/ / / U Y1 Before me the undersigned, a Notary Public
(County in which notarization takes place)
for ~. 1{~~/ County, State of Indiana, personally appeared
(Notary Public's county of residence)
t-~" ~ ~` ~' ~C'~ G~ ~ ~S' ~ ~ and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
/~/ day of ~/ / ~~Z.Cy`--~ , 20 0~
T Y L. PENC
Jt~~ Public
SWs d lndi~na
Ce1an EtgM AprA $, 10/6
~~~~
Notaq/ ublic--Signs ure
~/J ~
Notary ublic--Please P int
My commission e~rpires:
~i%~o2 ~o?D/L<
Page 4 0f $-z:\share0\fortns\BU applications\ Development $IanGarGS Variance ApplipaGOn rev. 01/1112000
CARMELICLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIA{{ NA
Docket No.: ~.~ ~~ ~ Old 02 C7 ~ C,! v'1L1 C'~C3j C7 Q .~) v'
Petitioner: Insight Engineering, Inc.
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 improved utilization of the site as a convenience store with fuel(sales
will allow traffic flow and access as is necessary for thsttype of facility.
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 proposed project represents a substantial improvement to the site and
an enhancement to the area.
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 small size of the property is such that the convenience store with fuel
sales occupies all of the available space leaving no room for additional
uses or additional stories.
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).
P290BOf 8-z:uharatlVOrms\BZA applicetionsl Development StantleNS Variance Application rev. 0111112008
' CITY OF CARMEL -CLAY TOWNSHIP r -J
HAMILTON COUNTY, INDIANA R~Oa~JVED
APPLICATION FOR BOARD OF ZONING APPEALS ACTION FdAR 17 2Q08
DEVELOPMENT STANDARDS VARIANCE REQUEST DOGS`
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of the
ordinance being varied.
All Other $1,090 for the first variance, plus $515.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET N0. DATE RECEIVED:
1) Applicant: Insight Engineering Inc.
AddreSS:_ g7Fi5 RanAall nY'{P Sni tP r' Tndi n pn1lF TN 46280
2) Project Name: Circle K, 1230 S. Rangeline Road Phone:
Engineer/Architect: Insight Engineering Inc Phone: 317-848-9040
Attorney: Phone:
Contact Person: Donald W. Fisher, President phone: 317-848-9040
Email: dfisher@insightengineering.com~:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property (b) The applicant is the contract
purchaser of the property
(c) Other: the applicant is a limited agent 8frthe onwer for permitting, zoning,
and approvals for the property.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Mac's Convenience Stores, LLC
Owner's address: PO Box 347. Columbus IN Phone: 812-379-9227
5) Record of Ownership:
Deed Book No./Instrument No. 2006 44136
Page: Purchase date: 3 / 14 / 06
6) Common address of the property involved: 1230 S. Rangeline Road
Legal description:
Tax Map Parcel No.: 16-09-36-04-02-005.000
7) State explanation of requested Development Standards Variance: (State what you want to do and cite tfie section
numbpr($) of the Carmel/Clay Zonin Ordinanc that ap lies and/or creates the need for this reqquest).
Pet>.t>oner requests a va~iance o~ Development Standards section 23F.0 for
building footprint. Subsection .O1 requires a minimum floor area ratio (FAR) of
.5. The proposed remodel and addition to the existing convenience store increas
the size of the building from 1911 souare feet (sf) to 2849sf which is a 49 1~
increase >_n size. The exisitng FAR is 0.049 and the FAR of the proposed expanded
hnildi no ,ai 11 ha n in~~
Page10t 8-i:l5haretll(orms\BZ4 applicatlpns\Development Standards Variance Application rev. O1H 112008
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
See attached sheet
9) Present zoning of the property (give exact classification):
10) Size of IoUparcel in question: 0!86
B-3
11) Present use of the property: fueline Station/convenience store/carwash
12) Describe the proposed use of the property: fnPi;ng Grar; nn /rnm,an; anra crnra
13)
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.
Is the property: Owner occupied
Renter occupied
Other
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?
Summer 2008
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Circle K
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 thetwenty-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 assioned until all suooortinp information has been submitted to
the Department of Community Services.
Pdge 2 01 a-x'.15hare0VOnns\BZA appliwtions\ Developmen15tanaaras Variance Fpplicalion rev. 011112008
8) State reasons supporting the Development Standards Variance:(Additionally,
complete the attached question sheet entitled" Findings of Fact-Development
Standards Variance").
The proposed project is a remodel and addition to an existing Circle K Shell
convenience center. The building will have a new exterior facade and the fuel
area canopy a new top structure. The existing facility is a one-story structure.
The proposed project expands the building by just slightly less that 50% of the
existing building size. Providing additional occupiable stories is impractical for
the building and essentially impossible for the canopy. The convenience store
with fuel sales business is not conducive to occupying multiple stories. The site
size of less than one acre precludes providing adequate parking access and
delivery routes for additional uses on the site. A one story building with an FAR
greater that 0.5 would provide a building more than six times larger than the
proposed building.
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 behalfwith regard
to this application and subsequent hearings and testimony.
Signed: N.(/ ~~REf 3 ~~~g
(Property Owner, Attorney, or Power of Attorney) Date
Donald W. Fisher
(Please Print)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Hamilton County, State of Indiana, personally appeared
(Notary Public's county of residence)
-nnal rl w a; char and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
1 ~ day of
TRACY~.SPENCER
(SH@!!e}y Public
SEAL
State of Indiana
My Cammiselon hxplrec ApriI22, 2016
20 O8
L
Tracy L Spencer
Notary Public--Please Print
My commission expires:
4/22/20D6
Page 4 0(B-is\sharetlVormslBZA applications\ Development Slantlartls Variance Application rev. 01/1 V1008
CARMELICLAY ADVISORY BOARD OF ZONING APPEALS
CARM/EL, INDIANA
Docket No.: ~/ tl ~:' ~ C1 Ci -~c~ V
Petitioner: Insight Engineefing, Inc.
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 improved utilization of the site as a convenience store with fueldsales
will allow traffic flow and access by motor vehicles as well as pedestrians
as is necessary for this type of facility.
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 proposed project represents a substantial improvement to the site and an
enhancement to the area adjacent to the property.
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 nature of the existing and proposed use of the site as a convenience center
with fuel sales is such that a considerable amount of open pavement is necessary
for fueling and parking vehicles. Adgquate manaevering space is also needed
or customers, store an ue a ver es.
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).
Page80f 8-ztssnareEVOrms~BZA applicaaons~oeveiopment Stantlams Variance Application rev.mnv2oo8
1, .
CITY OF CARMEL -CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA ` REC~IVEi~
`~pP. i 7 ~"
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
~r,n
t1
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of the
ordinance being varied.
All Other $1,090 for the first variance, plus $515.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. DATE RECEIVED:
1) Applicant: Insight Engineering, Inc.
Address: Q7F,5 RanAall Mi . S ite r T A' annlic TN 46280
2) Project Name: Circle K, 1230 S. Rangeline Road Phone:
Engineer/Architect: Insight Engineering, Inc. Phone: 317-848-9040
Attorney: Phone:
Contact Person: Donald W. Fisher, President Phone: 317-848-9040
Email: dfisher@insightengineering com_
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property (b) The applicant is the contract
purchaser of the property
(c) Other:_ the applicant is a limited agent ofrthe onwer for permitting, zoning,
and approvals for the property.
4) If Item 3) (c) is checked, please complete the following:
Ownerofthepropertyinvolved: Mac's Convenience Stores, LLC
Owner's address: PO Box 47. Columbus IN Phone: 812-379-9227
5) Record of Ownership:
Deed Book No./Instrument No. 2006 44136
Page: Purchase date: 3 / 14 / 06
6) Common address of the property involved: 1230 S. Rangeline Road
Legal description:
Tax Map ParcelNo.: 16-09-36-04-02-005.000
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of fhe Carmel/Clay Zoning Ordinance that applies and/or creates the need for this reqquest).
Petitioner requests a variance of Development Standards section 23F.1 for
parking and 23F.11 for landscaping. Subsection 02 of 23F.15 requires parking
areas be located at the rear or side of buildings and screened perr:aection 23F.11.
_ Subsection .03 of_23F.~]!1 requires narking to be at the r •a v
building and screened from the sidewalk by low walls, low fences, or hedges.
The proposed project provides parking on both frontages of the .building similar to
Paye70r$-x\sM1ared\fortns\BZAapplica[ions\Oevelopmen\StantlartlsVarianceApplicaGOn rev.01H1/2008
the existing facility.
:.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
See attached sheet
9) Present zoning of the property (give exact classification): B-3
10) Size of IoUparcel in question: 0:86 acres
11) Present use of the property: fueline Station/convenience store/carwash
12) Describe the proposed use of the property: f ~ • S , ~
13) !s 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.
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?
Summer 2008
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Circle K
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-rave (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-fve (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 FORALL 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 assigned until all suoportina information has been submitted to
the Department of Community Services
Pdge20f 8-z:\snaretl\(orms\BZ4 applications\Develepment Siantlaros Variance Application rev. 01/11/2008
The proposed project is a remodel and addition to an existing Circle K Shell convenience
center. The building will have a new exterior facade and the fuel area canopy a new top
structure. The existing building position is away from the rights-of--way necessitating the
parking be placed between the building and the street. The proposed site plan provides
low walls with seating along the street frontages. These low walls and landscaping will
provide a screening of the parking and fuel canopy areas.
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 ad on my behalf with regard
to this application and subsequent hearings and testimony.
Signed: t"~U. ~~jIS3 ,~ ~7~8
(Property Owner, Attorney, or Power of Attorney) Date
Donald W. Fisher
(Please Print)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Hamilton County, State of Indiana, personally appeared
(Notary Public's county of residence)
nonal d w. F; Cher and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
17 day of March . 2p O8
No ary ublic--Si ature
T PEN R
Notary Publk
SEAS Tracv L. Spencer
Bt~Nof kr01w Notary Public--Please Print
MN Cam Fxpita ApA122.2018
My commission expires:
4/22/20D6
Page40($-z:\aM1aretlVO~ms\BZA appllceUOns\Development $tanEa(CS Variance Application rev. o1H 1Y2000
CARMELICLAY ADVISORY BOARD OF ZONING APPEALS
Cyr,, CARMEL, INDIJANAl1
Dockef No. (~ p~ 3 UQo~ `'F V C ~1 ~f t/ ~~~C~ ~ ~
Petitioner: Insight Engineefing, Inc.
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 improved utilization of the site as a convenience store with fuel~lsales
will allow traffic flow and access by motor vehicles as well as pedestrians
as is necessary for this type of facility.
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 proposed project represents a substantial improvement to the site and an
enhancement to the area adjacent to the property.
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 location of the current convenience store to be remodeled on this corner
lot is such that parking can only be placed on one side and two street
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).
Pzge BOf B-z\sriareNformstBZn applicationsl0evalopmem Stan0artls Variance Apgimtlon rev.Otntrz000
' CITY OF CARMEL -CLAY TOWNSHIP raa
HAMILTON COUNTY, INDIANA ~~C~~~~
APPLICATION FOR BOARD OF ZONING APPEALS ACTION MAR 17 2pfl9
DEVELOPMENT STANDARDS VARIANCE REQUEST pOC~
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of the
ordinance being varied.
All Other $1,090 for the first variance, plus $515.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. DATE RECEIVED:
1) Applicant: Insieht EneineerinQ Inc.
Address: 07Fi5 R nAall T)r'.e S ite r` Tndi^n^ ni 1jC TN 467RO
2) Project Name: Circle K, 1230 5. Rangeline Road Phone:
Engineer/Architect:_InsiQht EnQineerinQ Inc Phone: 317-848-9040
Attorney: Phone:
Contact Person: Donald W. Fisher, President phone: 317-848-9040
Email: dfisher@insiQhtenQineerinQ ci5m~
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
(c) Other._the applicant is a limited agent mfrthe onwer for permitting, zoning,
and approvals for the property.
4) If Item 3) (c) is checked, please complete the following:
Ownerofthepropertyinvolved: Mac's Convenience Stores, LLC
Owner's address: PO Box 347 Columbus IN Phone: 812-379-9227
5) Record of Ownership:
Deed Book No./Instrument No. 2006 44136
Page: Purchase date: 3/14/06
6) Common address of the property involved: 1230 S. Rangeline Road
Legal description:
Tax MapparcelNo.: 16-09-36-04-02-005.000
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).
Petitioner requests a variance of Development Standards section 23F.06 for
building orientation. Subsection .02 requiring a building to occupy 707 of each
street frontage. The proposed remodel and addition to the existing convenience store
will necessarily occupv the same location as the existing store and fuel cinopy.
The store is currently positioned along the west property line and occupies 257 of
Rangeline Rd.e and 197 of Carmel,Dijve. The remodeled building will occupy 367 of
Ya9e10F 8-z:lshareNtprmslaZA applicaGOns\Developmenf Stantlartls variance Appliralipn rev. 01/11/4008
Rangeline Road and 207 of Carmel Drive frontage.
' 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The proposed project is a remodel and addition to an existing Circle K Shell
convenience center. The bulldinQ will have a new exterior facade and the fuel
area canopy a new top structure. The exsting and proposed facilities are one
story r e Exoandine he ronvenienr cr 'n ch dire t' ~~ 70~
of each frontage would resulti.in a buildin~_o~overing more than 52~ of the site. ***~
9) Present zoning of the property (give exact classification):
(On bac
10) Size of IoUparcel in question: 0!86 acres
11) Present use of the property: fueline Station/convenience store/carwash
12) Describe the proposed use of the property: f t • g r r • /r ; e e
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.
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?
Summer 2008
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Circle K
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 thetwenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FORALL 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 assigned until all suooortinc information has been submitted to
the Department of Community Services
P¢g¢2of8-z~SriaredVOrms\BZn applicatlons~Developmen~StantlarCS Variance Application rev. 01/11/2008
i •
***
A store of this size would not leave room for fuel sales and parking spaces.
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.
Signed: ~.,..,.X~~W f>X. ,~ ~ ~1L~7~Q~
(Property Owner, Attorney, or Pow~of Attorney) Date
Donald W. Fisher
(Please Print)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Hamilton County, State of Indiana, personally appeared
(Notary Public's county of residence)
nnna ~ rl W Fi the and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
1 ~ day of March ~ 2p O8
TRA FENCER
Notauy Public
State of Indiana
Aly Commission Ewpimt April 22, 2016
My commission expires:
4/22/20D6
Pd9C40($-zisharetlVOrtn51BZA applicetionsl pevelopment Stantlartls Variance AOPlication rev. 01H 18008
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
2 CARMEL, INDIANA
Docket No.: ~~30c)~;~
Petitioner: Insight &ngineefiing, Inc.
FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIA,IVCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The improved utilization of the site as a convenience store with fuel~isales
will allow traffic flow and access by motor vehicles as well as pedestrians
as is necessary far this type of facility.
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 proposed project represents a substantial improvement to the site and an
enhancement to the area adjacent to the property. -
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 small siteob[thh site, the nature of convenience store business and fuel
sales in conjunction with the proposed project being a remodel and addition
precludes having adequate space on the site to meet all of the building
orientation requirements.
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).
Page8of 8-zlenaremfortnsteZA apgicationst cevelopment stanoams Variance hppiication reg. ovt moos
c+r`le K RECEIVED
Mid well Division
March 34, 2006 MAR 17 fQOg
DOCS
Local Building Official:
Mac's Convenience Stores LLC (d/b/a Circle K Midwest) will be completing a gasoline
fueling station re-imaging/renovation program in your area and others tluoughout the
Mid-West.
In order to facilitate the work at these stations, Circle K has hired InsighC Engineering,
Inc. to complete permit drawings and to assist in the permitting process.
Circle K herby authorizes Insight Engineering, Inc. and its subconsultants to act as Circle
K's agent on matters related to plamiing, zoning, variances, permits, signage and code
compliance. The authorized individuals include:
Donald W. Fisher, P.E., President
Herschel W. Roll, CAD Manager
Stacey A. Fouts, Permit Processor
Jeffrey A. Douglass, Survey Director
These individuals and their representatives are authorized to act on Circle K's behalf on
all matters related to planning, zoning, variances, pernrits, signage, and code compliance.
Please contact me at 812-379-9227 if you have any questions.
Sincerely,
C
Matt McCure
Director of Facilities
Mac's Convenience Stores LLC - RO. Box 3=47, Columbus, Indiana 47202-0347 • Phone (812) 379-9227 • Fax (812) 379-1002
Circle K, 1230 S. Rangeline Rd (Carmel. Dr. & Rangeline Rd)
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Carmel Drive & Rangeline Road Overlay
Graphic Examples
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All images on this and the previous page from the City of Ottawa's Urban Design Guidelines far
Gas Stations, May 2006.
http://www.Ottawa.ca/calendar/Ottawa/citycouncil/occ/2006/OS-24/pec/Gas%20Stations%20 May_
small.pdf _
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Station with pumps to rear, near
Milwaukee (internet search).
Service station in Montreal
(urbanphoto.net)
Service station in
Montreal designed by
Mies van der Rohe
(urbanphoto.net)
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Service station in Japan. All components are under canopy. (internet
search).
Frank Lloyd Wright-designed gas station in Duluth, MN (internet search)