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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) EAST ELEVATION WEST ELEVATION 2,<: E c e c q N C m i~ ~~ S g m =gom ~~ ~ ~ 2 E c'-"' ~ .. m ~ w ~L ~"+ ~ ~ _ ~.~ .~ =W = X0. OA1E RFASpNOr3CPoP1XIN o No. ~,; =* 900066 '*' ~= nxrtu I Circle K Midwest Division Pos[Dffice Flux 347 ~'. ColumWS, Indane 47202 Poone:812-37&9227 4gd'AMPr1Rr SIpIGNi ~i mer.~nanwa~e~wxxm.m mw aoq~glln tlem'av36varnpG pE lfl,aq SMO. tlip Ee m~Mb m~ton Pf~)b ~ mfbe~~U Mlnm bbmtlbn ollEl. AmvGU91~ h ntildm~ ByBMt MBh tlMeBlRblW IntMC mlkllrlAeM ylM VtWdI hn~M1®e nlfl~Wene iWIY ~ury.dmve.pem mm ~ aw dw mwerec. mertgra,:aeaxm~ne eemwxr o ~k.e.exmwo®m~.na~~ll~cm.ae re m~seumb, ma ~cpemsin.bmwm u rteMia's b IE I sY}rer upon mnp W m A IFe IMenAM puryrse n upon tl1 iep W tl FI, Ml1ar mires hst ~~_ CIRCLE "K" SHELL 123D S. RANGELINE RORD CAMEL, IXOwu CIRCLEKSi0AE17275 ~-119'=1' oxn. ~~ o[SicEEO ax ~ cxn~ 9n timR G[IXfD Br DWF R1D BWX Y WA fit[ nwE 9T60CK-FLEV.OWG PINM4w'im[. BUILDING ELEVATIONS !iL I~ ;~ r ~: a° ~''8 ,~~r f ':x~e NORTH ELEVATION SOUTH ELEVATION E U g ~ ~ a_ F°>' ~ ,~ o W aCJ OZ d ~qtE 99=~a aS 1b_ ~m°$~c RN ° U N _o 2 ~ US~^ fqm ~.~..~. ^~ ~~ ^~ ~ ^ a= W ~ 110. M1E 8EV190N OESCIEPIpN ~O / ~P stiF ` R`° Q Na A *' 900066 '*- :~ ,uF~ .~ ~; ~`°FSS%oN~~'~~'~~' fl~ ~ ~~ Circle K Midwest Division a Ko~BOx 347 Columbus, Ind'ena 47202 PMne: 812-9799227 SfM9~L_ 1LENJ, The xtlpleM d Ce1e nwlaieh uMereurN am o~rijAhMe naYMhbowik WlEl,rd eao, ElYhctlevhmnuN PAN mddalW bxYw YfameNn d IEI. /rakN¢7, tln nltlp W pneeM nWn VeumWfialf n exdmnflEeMauN eyeenol bmdwtlNY mtlxWebeny Ws pYp'stlbTerdpetl rtlbmlll ¢pW dEe na1Wi iMiecWlEePeeeM w W nvYWe aY7 b the Enaetl P W ~ h YIFYII IEI M msh C,e nukW eiletle, rd ~1 epe,bnEVntll aell®Y b ro enter fpm mnFYEOi d the YNnitl Wryw a Wm Pie loam d IEI, WWlwwr miss 111E 9T:f~ff CIRCLE "K' SHELL 1230 S. RANGELINE ROAD CAANF~INDw14 CIRCIENSTORE;'tal5 YAE ~~._1, oerz 01710418 oi99N e1. ~, puxx Br HwR aam Erv CwF ~ ~ 1 WA RE xw[ 9760CWEtEY-7AWG BUILDING ELEVATIONS A3 3 a 0 v ~~ ,~ S~ `~ ~~' l• `J ~ ~ V ~ ~~ ~~ ~~ ~~ ,~ ~ ~ 1 Gas Station Design Carmel Drive & Rangeline Road Overlay Graphic Examples 1~~, ~,~~~~~ ~~~~~ ~~ ~' ~i. .~~~~ o~~ ~~ ~ ~~ ~ ~~~ o ~~~ ~~ ~ ~' , - ~ _ ~ ~' ~ ~,, ~{y - ..f% y. N ~+ !r ia~wcsro~. Ct''~/T'eGl.[~• CQJ'TrJJ`~C~L'I [!~ r~ ?~Ltt~ v(.'d'iL~crL ~ CfQJ~ f ~ .47703 °,V Y.5 ~„ ""''~-wk~ x~ ~ ~~ ~ y ~ 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 _ .~ _ g ~ ~~~- ". 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) ~ttta3e_ a` .."', „. ~ .~~ o,,'x4nS . _ s __. ~ .. .., .c „.~,_.,-a~Y.''~fr~ci~.'~~~~ i _..~ -, t....,, _~:~:, ~~..~w.~'~?~5 Service station in Japan. All components are under canopy. (internet search). Frank Lloyd Wright-designed gas station in Duluth, MN (internet search)