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Salsbery Brothers Landscaping, Inc.
Filed By:
E. Davis Coots
Coots Henke Wheeler
for Salsbery Brothers Landscaping, Inc.
Docket Number
0909 0001 UV
For the Board of Zoning Appeals
October 26, 2009
TABLE OF CONTENTS
1. Application for Board of Zoning Appeals Action
2. Aerial Photograph
DOCKET NO.
Email, dcoots @chwlaw.com
5) Record of Ownership:
Page: Purchase date:
CITY OF CARMEL /CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
FEE: $1,487.00 plus $119.00 per acre
DATE RECEIVED:
1) Applicant: Salsbery Brothers Landscaping, Inc.
Address: 4317 E. 146th Street, Carmel, IN 46032
2) Project Name: Phone:
Engineer /Architect: Phone:
Attorney: E. Davis Coots Phone: (317) 844 -4693
Contact Person: Davis Coots Phone: (317) 844 -4693
3) Applicant's Status: (Check the appropriate response)
XX (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone'.
9236603
Deed Book No: /Instrument No.
6) Common address of the property involved: 4317
Legal description. Please see attached.
9/17/92
Fax: (317) 573 -5385
E. 146th Street, Carmel, IN 46032
Tax Map Parcel No.: 17 10 20 00 00 008.103
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel /Clay Zoning Ordinance that applies andior creates the need for this appeal).
Applicant seeks to amend a Use Variance, Docket No. UV 3.93, to permit retail
sales.
Page 1 of 9— Z_\anaredtorms \BZA apohrations\ Use Variance Application rev 01/05 /2009
8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Use Variance Development of commercial in the immediate area and
commercial nature of 146th Street makes retail use of property in addition to
wholesale appropriate,
9) Present zoning of the property (give exact classification):
10) Present use of the property: R -1
11) Size of lot/parcel in question: 10 acres acres
12) Describe the proposed use of the property: Retail in addition to wholesale landscape business.
13) Is the property:
14) Are there any restrictions, laws, covenants, variances. special uses, or appeals filed in connection with this property
that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number,
decision rendered and pertinent explanation. yes, Use Variance UV -3 -93
15) Has work for which this application is being filed already started? If answer is yes, give details:
N/A
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Retail use is presently being conducted.
17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application
has been filed?
NOTE:
Owner
Owner occupied yes
Renter occupied
Other
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 nicht of the
hearing,
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
Page 2 of 5— Z$nare4\fonns \9ZA applications use Vanance Application rev 01/052009
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 supporting information has been
submitted to the Department of Community Services.
The applicant certifies by signing this application that he /she has been advised that all representations of
the Department of Community Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordinance and /or the legal advice of his /her attorney.
Auditor of Hamilton County, Indiana, certify that the attached
affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No.
OWNER ADDRESS
AUDITOR OF HAMILTON COUNTY, INDIANA
EXAMPLE ONLY:
Formal list request sheet official list
may be acquired from the Hamilton
County Auditor's Office (776- 8401).
Page 3 of 9— Z'.\snaree\ forms \BZA applicavons\ Use Variance Apolloatron rev. 01/052009
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. 1, the undersigned, authorize the applicant to act on my behalf with
regard to this application and subsequent hearings and testimony.
STATE OF INDIANA
SS:
County of Hamilton
(County in which notarization takes place)
Before me the undersigned, a Notary Public for /4 l
(Notary Public's county of residence)
Indiana, personally appeared E. Davis Coots and acknowledge the execution of
(Property Owner, Attorney, or Power of Attorney)
the foregoing instrument this
day of
(SEAL)
Signed
AFFIDAVIT
(Please Print)
My commission expires:
Pro =rt Owwner, Attorney, or Power of Attorney
E. Davis Coots, Attorney
20 09
0 141.
Notary Public Signature
r i L
Notary Public Please Print
Page a of 9 Zlsnared\ forms \BZA applications\ Use variance Application rev 01/05/2009
County, State of
Established 1971
MILLER SURVEYING, INC.
LAND SURVEYING AND ENGINEERING
948 Conner Street Noblesville, Indiana 46060
(317) 773 -2644 FAX (317) 773 -2694 1- 800 886 -2644
B32791
A PART OF THE NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 18
NORTH. RANGE 4 EAST LOCATED IN HAMILTON COUNTY. INDIANA BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SECTION 20. TOWNSHIP 18 NORTH. RANGE 4 EAST; THENCE
ON THE NORTH LINE OF SAID NORTH WEST QUARTER SOUTH 89 DEGREES
59 MINUTES 54 SECONDS EAST (ASSUMED BEARING) 893.68 FEET TO THE
POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING ON
SAID NORTH LINE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST 430.22
FEET TO THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST
QUARTER: THENCE ON SAID EAST LINE SOUTH 00 DEGREES 49 MINUTES 00
SECONDS EAST 1012.50 FEET; THENCE PARALLEL WITH THE NORTH LINE
OF SAID NORTHEAST QUARTER NORTH 89 DEGREES 59 MINUTES 54
SECONDS WEST 430.22 FEET: THENCE PARALLEL WITH THE EAST LINE OF
SAID WEST HALF NORTH 00 DEGREES 49 MINUTES 00 SECONDS WEST
1012.50 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES,
MORE OR LESS.
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