HomeMy WebLinkAboutDSV ApplicationCITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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 $1,090.00 for the first variance, plus $515.00 for each additional section of the ordinance being
varied OR see Hearing Officer Fees
DOCKET NO.
1)
2)
3)
4)
5)
6)
DATE RECEIVED:
Applicant:
Address: See Exhibit A
Project Name: CVS Pharmacy
Engineer /Architect: See Exhibit "B" Contact List
Attorney: Charles D. Frankenberger
Contact Person: See Exhibit "A"
Email: See Exhibit "B"
Phone:
See Exhibit A
Phone:
See Exhibit A
Phone:
844 -0106
Phone:
See Exhibit A
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
(c) Other
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Barnes Investment II, Co., an Indiana limited partnership
Owner's address: 11308 Lakeshore Drive East, Carmel, IN 46033
Phone: (317) 846 -5025
Record of Ownership:
Deed Book No. /Instrument No. See Exhibit "B"
Page:
Purchase date:
Common address of the property involved: 1421 Rangeline Road, Carmel, IN 46032
Legal description: See Exhibit "B"
Tax Map Parcel No.: 16- 10- 31- 00 -00- 036.000; 16- 10- 31- 00 -00- 036.001
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).
See Exhibit "C"
8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact Development Standards Variance
Page 1 of 12
See Exhibit "C
9) Present zoning of the property (give exact classification): B -8 Business
10) Size of lot /parcel in question: Approximately 1.595 acres
11) Present use of the property: CVS Pharmacy and Taco Bell Restaurant
12) Describe the proposed use of the property: CVS Pharmacy
13) Is the property: Owner occupied
Renter occupied X
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection
with this property that would relate or affect its use for the specific purpose of this application? If
yes, give date and docket number, decision rendered and pertinent explanation.
Applicant will also be seeking DP /ADLS approval and Development Standards Variances to allow
redevelopment of the property.
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number: NA
Builder: NA
16) If proposed appeal is granted, when will the work commence?
Immediately upon obtaining all required approvals
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for
which this application has been filed?
The Applicant, its successors and assigns
NOTE: LEGAL NOTICE shall be published in the 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 supporting information has been submitted to
the Department of Community Services
Page 2 of 12
ADJACENT PROPERTY OWNERS LIST
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.
I, Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described
herewith.
OWNER
(See list attached)
ADDRESS
Auditor of Hamilton County, Indiana Signature Date
Page 3 of 12
APPLICANT'S STATEMENT
The undersigned is the applicant and contract purchaser of property involved in this application
and that the foregoing signatures, statements and answers herein contained and the information
herewith submitted are true and correct to the best of the knowledge and belief of the
undersigned. The undersigned is authorized by the owner to act on the owner's behalf with
regard to this application and subsequent hearings and testimony.
G.B. Indiana 2, LLC.
State of
County of
By
Megan M. Lytle,
authorized agent
SS:
Before me the undersigned, a Notary Public for County, State of Indiana,
personally appeared Megan M. Lytle, of G.B. Indiana 2, LLC, and acknowledged the execution
of the foregoing instrument this 22 day of October, 2009.
My Commission Expires:
Notary Public
Page 4 of 12
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel /Clay Board of Zoning Appeals meeting on the
day of 20 at 6:00 pm in the City Hall Council Chambers, 1
Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance
application to:
(explain your request -see question numbered seven (7)
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally,
will be given an opportunity to be heard at the above mentioned time and place.
PETITIONERS
Page 5 of 12
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
I (WE)
DO HEREBY CERTIFY THAT NOTICE OF
(petitioner's Name)
PUBLIC HEARING BEFORE THE CARMEL /CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number
was registered and mailed at least twenty -five (25)* days prior to the date of the public
hearing to the below listed adjacent property owners:
OWNER
STATE OF INDIANA
ADDRESS
SS:
The undersigned, having been duly sworn upon oath says that the information is true and correct
and he is informed and believes.
Signature of Petitioner
County of
(County in which notarization takes place)
for
(Notary Public's county of residence)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledged the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
day of 20
(SEAL)
Notary Public Signature
Notary Public Please Print
My commission expires:
*10 days notice for a BZA Hearing Officer Meeting
Page 6 of 12
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: G. B. Indiana 2, LLC
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS DAY OF 2009.
Board Member
Page 7 of 12
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: G. B. Indiana 2, LLC
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because:
See Exhibit "C
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:
See Exhibit "C
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:
See Exhibit "C
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 2009.
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).
Page 8 of 12
Exhibit "A"
(LEGAL DESCRIPTION)
A part of the Southwest Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the southwest corner of said Southwest Quarter; thence North 00 degrees 50
minutes 30 seconds West (assumed basis of bearings) along the west line of said Southwest
Quarter, a distance of 685.00 feet to the southwest corner of the 0.947 -acre tract of land
described in Instrument Number 9909905537 on file in the Office of the Recorder of Hamilton
County, Indiana, being the POINT OF BEGINNING; thence continuing North 00 degrees 50
minutes 30 seconds West along said west line, a distance of 278.00 feet to the northwest corner
of the 0.648 -acre tract described in Instrument Number 9909905536 on file in the Office of said
Recorder; thence South 89 degrees 54 minutes 40 seconds East parallel with the south line of
said Southwest Quarter and along the north line of said 0.648 -acre tract, a distance of 250.00 feet
to the northeast corner of said 0.648 -acre tract; thence South 00 degrees 50 minutes 30 seconds
East parallel with said west line and along the east lines of said 0.947 -acre and 0.648 -acre tracts,
a distance of 278.00 feet to the southeast corner of said 0.947 -acre tract; thence North 89 degrees
54 minutes 40 seconds West parallel with the south line of said Southwest Quarter and along the
south line of said 0.947 -acre tract, a distance of 250.00 feet to the POINT OF BEGINNING.
Containing 1.595 acres, more or less.
Note: This description combines the two legal descriptions contained in the current deeds for the
subject parcel.
Page 9 of 12
EXHIBIT `B"
(CONTACT LIST)
Applicant (1) Craig W. Forgey
Regional Construction Manager
(2) Megan M Lytle
Regional Deal Manager
Gershman Brown Crowley, Inc.
600 East 96th Street, Suite 150
Indianapolis, IN 46240
Phone: 317- 819 -0116
Cell (1): 317 -508 -7960
Email: cforacy gershmanbrowncrowley.com
Email: mlytlekgershmanbrowncrowley.com
2. Attorney /Land Use Professional
Charles D. Frankenberger
Jon C. Dobosiewicz
Nelson Frankenberger
3105 E. 98 Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: Charlie(a nf- law.com
Email: Jon(a nf- law.com
3. Engineer Shaun Cofer, PE, LEED AP
American Structurepoint, Inc.
7260 Shadeland Station
Indianapolis, IN 46256
TEL 317.547.5580
FAX 317.543.0270
Email: SCoferkstructurepoint.com
4. Architect Erik Anderson, Assoc. AIA
Project Manager
JACOBS
777 Main Street, Floor 29
Fort Worth, Texas 76102
817.222.8752 office
817.222.8550 fax
817.739.8484 mobile
Email: Erik.Anderson(aNacobs.com
Signage Kelly Barber
SignArt, Inc.
5757 E. Cork Street
Kalamazoo, MI 49048TEL: 269.216.5828
FAX: 269.381.0999
Email kbarberksignartinc.com
Page 10 of 12
H:Oecky\Zoning Real Estate Mattens\Gershman \CVS -Range Line\Applications \CVS -Range Line -Variance ApplicationAm
EXHIBIT "C"
EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES
and
FINDINGS OF FACT
Requested Variances:
A. Section 23F.06.02. Minimum 70% frontage
The applicant seeks approval to allow a building that occupies less than 70% of the Range Line Road street
frontage.
FINDINGS OF FACT
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The building is pulled up to the street frontage with parking at the side and rear of the building
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 building is pulled up to the street frontage with parking at the side and rear of the building
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 building is pulled up to the street frontage with parking at the side and rear of the building
Additional building frontage would require greater building area and result in additional parking
needs not available on the site.
B. Section 23F.08.01— Minimum 0.5 Floor Area Ratio (FAR)
The applicant seeks approval to allow a building with less than a 0.5 Floor Area Ratio.
FINDINGS OF FACT
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The building is pulled up to the street with required parking in the rear and sides of the lot.
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 building is pulled up to the street with required parking in the rear and sides of the lot.
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 building is pulled up to the street frontage with parking at the side and rear of the building
Additional building area would require additional parking, area for which is not available on the
site.
Page 11 of 12
C. Section 27.08 Required parking spaces
The applicant seeks approval to allow a reduction in the total number of required on site parking spaces.
Forty-six (46) spaces are provided on site and fourteen (14) within the right -of -way adjacent to the site.
FINDINGS OF FACT
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The proposed number of parking spaces is adequate to meet the needs of the proposed uses.
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 number of parking spaces is adequate to meet the needs of the proposed uses.
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 strict application of the ordinance will prevent a building of the desired size due to the need
for additional parking, area for which is not available on the site.
D. Section 25.07.02 -10(b) Total of three signs for building
E. Section 25.07.02 -10(b) one sign facing north (not toward a right -of -way)
The applicant seeks approval to allow three wall signs with one sign facing north (not toward a
right of way).
FINDINGS OF FACT (requests D and E)
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The three signs will effectively address the wayfmding needs of the public as they enter the center
and determine the appropriate building entrance or services provided at each location.
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 three signs will effectively address the wayfmding needs of the public as they enter the center
and determine the appropriate building entrance or services provided at each location.
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 strict application of the ordinance will prevent conveying necessary information to the public
as they enter the center needed to determine the appropriate building entrance or services provided
at each location.
Page 12 of 12