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Home My WebLink AboutApplicationHolmes, Christine B I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (UV) Salsbery Brothers Landscaping. It will be the following: Docket No. 09090001 UV $1487 $119/4.97 acres Total Fee: $2057.01 Salsbery Brothers Landscaping The applicant seeks the following use variance approval: Docket No. 09090001 UV Appendix A Retail uses in the R1 District. The site is located at 4317 East 146t Street and is zoned R1 /Single- family residential. Filed by E. Davis Coots for Salsbery Brothers Landscaping. Mr. Coots may be contacted at 317.844.4693 9/1/2009 Page 1 of 2 From: Holmes, Christine B Sent: Tuesday, September 01, 2009 9:52 AM To: Mast, Darren; Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; Martin, Candy; Mast, Darren (dmast @carmel.in.gov); Mindham, Daren; Miser, Craig; Pohl, Bryan W; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A. Cc: 'Dave Coots' Subject: Docket No. Assignment: Salsbery Brothers Landscaping #09090001 UV) Petitioner, please note the following: 1. This item will be on the September 16 agenda of the Technical Advisory Committee (TAC). The petitioner must submit plans and review materials to all TAC members three weeks prior to the meeting. Comments received will need to be forwarded to the Department. For a list of current TAC members go to: http: /www.ci.carmel.i n.0 s/ services /DOCS/TAC2007/ TAC %20members %2orevised %2009.07.07. pdf 2. Mailed and Published Public Notice needs to occur no later than Friday, October 1. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF). The petitioner will need to obtain the list of adjacent property owners from the Hamilton County Auditor's Office. Please note, this may take up to five days. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 23. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, October 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the November 23, 2009 agenda of the BZA. 5. This Item will appear on the October 26, 2009 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the November 23, 2009 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Department's Review Comments: petitioner,.please complete the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317 444 7163 or email: publicnotices @indystar.com). 2. Please make checks payable to the City of Carmel. 3. Please provide filled out and notarized placement of public notice sign affidavit. 4. Please provide proof of notice from the Indy Star. 5. Please provide green signed return receipts. Thank you. Christine Barton Holmes, LEED AP Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2424 317.571.2426 fax hiA Please consider the environment bctorc printing 9/1/2009 Page 2 of 2 CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION USE VARIANCE A�j�/ FEE: $1,487.00 plus $119.00 per acre DOCKET NO. Cl dO UV 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 Email: dcoots @chwlaw.com Fax: (317) 573 -5385 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: 5) Record of Ownership: 9236603 Deed Book Nollnstrument No. Page: Purchase date: 9/17/92 6) Common address of the property involved: 4317 E. 146th Street, Carmel, IN 46032 Tax Map Parcel No.: 17- 10- 20 -00 -00 -008. 103 Fe fob aA Legal description: Please see attached. 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 and /or creates the need for this appeal). Applicant seeks to amend a Use Variance, Docket No. UV 3.93, to permit retail sales. Zt7 5.1J Page 1 of 9— Z\sharemt orris \0ZA applications\ Use Variance Application rev. 011052009 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: Owner occupied Yes Owner 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. 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: 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: Page 2 of 9 Z. share forms \BZA applications\ Use Variance Application rev. 011052009 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. Before me the undersigned, a Notary Public for the foregoing instrument this a o day of (SEAL) Signed AFFIDAVIT Pro •wner,Attorney, or Power of Attorney E. Davis Coots, Attorney (Please Print) STATE OF INDIANA SS: County of Hamilton (County in which notarization takes place) (Notary Public's county of residence) Indiana, personally appeared E. Davis Coots and acknowledge the execution of (Property Owner, Attorney, or Power of Attorney) My commission expires: 20 09 Notary Public Signature Notary Public Please Print Page 4 of 9 —Z\ shared \forms1BZA applications\ Use Variance Application rev. 01 /052009 County, State of J Lo CASE NO. 9873 EXHIBIT A LEGAL DESCRIPTION PARCEL I PART OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST EAST (ASSUMED BEING FEET FROM THE SECONDS THE NORTHWEST CORNER THEREOF; THENCE CONTINUE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST ALONG SAID NORTH LINE, 182.73 FEET TO THE NORTHEAST CORNER OF SAID HALF- HALF QUARTER SECTION; THENCE SOUTH 0 DEGREES 49 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID HALF- HALF QUARTER SECTION, 1012.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, 240.50 FEET; THENCE NORTH 0 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID EAST LINE, 567.50 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST, PARALLEL WITH SAID NORTH LINE, 57.77 FEET; THENCE NORTH 0 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID EAST LINE, 445.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.00 ACRES, MORE OR LESS. PARCEL II PART OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID HALF HALF QUARTER SECTION BEING SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST THENCE EO BEARING) 893.68 FEET 89 FROM 54 SECONDS EAST THEREOF; EAST ALONG SAID NORTH LINE, 247.49 FEET; THENCE SOUTH 0 DEGREES 49 MINUTES, 00 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID HALF HALF QUARTER SECTION, 352.02 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, 247.49 FEET; THENCE NORTH 0 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID EAST LINE, 352.02 FEET TO THE POINT OF BEGINNING. PARCEL III PART OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER EXHIBIT A CONT'D OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID HALF- HALF QUARTER SECTION BEING SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST (ASSUMED BEARING) 893.68 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0 DEGREES 49 MINUTES 00 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID HALF- HALF QUARTER SECTION, 352.02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST, PARALLEL WITH SAID NORTH LINE, 247.49 FEET; THENCE SOUTH 0 DEGREES 49 MINUTES 00 SECONDS EAST, PARALLEL WITH SAID EAST LINE, 92.98 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, 57.77 FEET; THENCE SOUTH 0 DEGREES 49 MINUTES 00 SECONDS EAST, PARALLEL WITH SAID EAST LINE, 567.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, 189.72 FEET; THENCE NORTH 0 DEGREES 49 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID EAST LINE, 660.48 FEET TO THE POINT OF BEGINNING. Coots Henke heeler E. DAVIS CHUBS JAMES K. WHEELER JAY CARTS JANES 11 CRUM JEFFREY 8. ZIFES ELIZABETH 1. VAN TASSEL MATTHEW L. HINKLE DANIEL E. Qxtrs BRANDI A. GIBSON 'JILLLIN C. KEATING BLAKE N. SHELBY CERTIFIED MEDIVIOR OF COUNSEL: SFEVEN H. HENKE 255 Easi Carmel Drive Carmel, Indiana 46032 -2689 317 -844 -4693 FAX: 317- 573 -5385 www.chwlaw.com Christine Barton- Holmes Department of Community. Services One Civic Square, Third Floor Carmel, IN 46032 Dear Christine: September 16, 2009 RE: Our Client: Salsbery Brothers Landscaping, Inc. Docket No. 0909 0001 UV Our File No 19045.001 REC r1l/)_D SEP 17 2009 DOGS Enclosed is a revised legal description which combines the various tracts comprising Salsbery Brothers Landscaping, Inc.'s property located at 4317 E. 146th Street, Carmel, IN 46033. Please attach this to the Use Variance Application to simplify the legal description of the property for which the variance is being sought. Thank you. Very truly yours, COOTS, HENKE WHEELER, P.C. E. Davis Coots EDC /jc Enclosure cc: Salsbery Brothers Landscaping, Inc. (w /enclosure) K: \EDC \SALSBERY BROS LANDSCAPING .19045.001 \BARTON HOLMESCA.wpd 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 B 32791 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. O`pOv P,cNG AS Aittii +.O Bq�,• OG a k:' PJo. O N r LS2040000 SL17E OF annum Imo XLC at60. Coots Henke (W heeler Lan E. DAVIS Cans' J AMES K. WHEELER JAY CURTS JAMES D. CRUM JEFFREY S. %IVES ELIZABETH I. VAN TASSEL MATTHEW L. WINKLE DANIEL E. Gouts BRANDI A. CII3SDN JILLIAN C. KEATING BLAKE N. SHELBY CERTIFIED MEDIATOR OF COUNSEL: STEVEN H. HE.NKE 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 844 -4693 FAX: 317- 573 -5385 www.chwlaw.com September 11, 2009 City of Carmel 2009 Technical Advisory Committee Member RE: Our Client: Salsbery Brothers Landscaping, Inc. Docket No. 0909 0001 UV Our File No. 19045.001 Dear TAC Member: Enclosed is an aerial photograph showing the present configuration of Salsbery Brothers Landscaping, Inc.'s property located at 4317 E. 146th Street that appears on the TAC agenda for Wednesday, September 16, 2009. Salsbery Brothers has applied for a Use Variance for the property to permit retail sales from the existing facility located on the site. There will be no modifications to any buildings, parking. entrance or other exterior amenity; but rather, the Use Variance is to bring the retail sales element in compliance with R -1 zoning restrictions. Thank you for your review and comments anticipated at the TAC meeting. Very truly yours, COOTS, HENKE WHEELER, P.C. EDC /jc Enclosure cc: Salsbery Brothers Landscaping, Inc. (w /o enclosure) K: \EDC \SALSBERY BROS LANDSCAPING. 19045.001\TAC LTRA.wpd