HomeMy WebLinkAboutApplications DSVCITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for each additional section of the
ordinance being varied.
All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the ordinance being varied OR
see Hearing Officer Fees
DOCKET NO.
DATE RECEIVED: November 6, 2009
1) Applicant: Zinkan Barker Development Company, LLC (see Exhibit `B
Address: See Exhibit `B Phone: See Exhibit `B"
2) Project Name: Long Branch Market
Engineer /Architect: see Exhibit `B"
Attorney: see Exhibit `B"
3)
Contact Person: Jon C. Dobosiewicz (see exhibit `B Email: jonknf- law.com
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
4) If Item 3)(c) is checked, please complete the following:
Name of Landowner: Altum's Realty Limited Partnership Phone (317) 733 -4769
Landowner Address: 11335 North Michigan Road, Zionsville, IN 46077
5) Record of Ownership:
Deed Book No. /Instrument No.:
6) Common address of the property involved: 11335 North Michigan Road, Zionsville, IN 46077
Legal description: see Exhibit "A"
Tax Map Parcel No.: 17- 13- 06- 00 -00- 034.000
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).
see Exhibit "C"
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact Development Standards Variance
see Exhibit "C" and attached Findings of Fact
9) Present zoning of the property (give exact classification): B -3 Business District US 421 Overlay Zone
10) Size of lot/parcel in question: 22.022 Acres
11) Present Use of Property: Altura's Garden Center and Landscaping
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12) Describe the proposed use of the property: Service and Retail Uses permitted in the B -3 Business District
13) Is the property: Owner occupied
Renter occupied
Other
K/
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 from the Plan Commission
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
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 St az 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
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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
ADDRESS
EXAMPLE ONLY:
Formal list request sheet official list
may be acquired from the Hamilton
County Auditor's Office (776- 8401).
Auditor of Hamilton County, Indiana Signature Date
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STATEMENT OF APPLICANT
I hereby state that I am the contract purchaser of property involved in this application and that
the foregoing signatures, statements and answers herein contained and the information herewith
submitted are correct.
Zinkan Barker Development Company, LLC
State of
County of
SS:
Before me the undersigned, a Notary Public for County, State of Indiana,
personally appeared Robert J. barker, of Zinkan and Barker Development Company, and
acknowledged the execution of the foregoing instrument this day of October, 2009.
My Commission Expires:
Robert J. Barker, Partner
Notary Public
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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
1 20 at 6:00 pm in the City Hall Council Chambers, I 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
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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
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-The applicant will provide individual ballot sheets for all requested variances at the BZA meeting.
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: Zinkan Barker Development Company, LLC
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
FA
3.
DATED THIS DAY OF 2009.
Board Member
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-The applicant willprovide individual Findings of Fact sheets for all requested variances at the BZA meeting.
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Zinkan Barker Development Company, 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 15
EXHIBIT "A"
Legal Description
PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE
3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 6,
TOWNSHIP 17 NORTH, RANGE 3 EAST 1050.72 FEET NORTH 89 DEGREES 34
MINUTES 50 SECONDS WEST FROM THE SOUTHEAST CORNER THEREOF; THENCE
NORTH 00 DEGREES 09 MINUTES 33 SECONDS EAST PARALLEL WITH THE EAST
LINE OF SAID QUARTER 814.81 FEET TO A POINT 1839.73 FEET (1837.04 FEET DEED)
SOUTH 00 DEGREES 09 MINUTES 33 SECONDS WEST OF THE NORTH LINE OF SAID
NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 34 MINUTES 49 SECONDS
WEST PARALLEL WITH THE SOUTH LINE AFORESAID 753.62 FEET (754.46 FEET
DEED); THENCE SOUTH 07 DEGREES 53 MINUTES 26 SECONDS WEST 11.60 FEET;
THENCE SOUTH 72 DEGREES 06 MINUTES 26 SECONDS WEST 578.5 FEET TO THE
EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER 421 PER INDOT PLANS
PROJECT #STP- 135- 2(008); THENCE SOUTH 15 DEGREES 21 MINUTES 16 SECONDS
EAST ON AND ALONG SAID RIGHT OF WAY LINE 311.29 FEET; THENCE
CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH I I DEGREES 03 MINUTES
55 SECONDS EAST 131.60 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY
LINE, SOUTH 15 DEGREES 21 MINUTES 16 SECONDS EAST 206.37 FEET TO THE
SOUTH LINE OF SAID QUARTER; THENCE SOUTH 89 DEGREES 34 MINUTES 50
SECONDS EAST ON AND ALONG SAID SOUTH LINE 1146.02 FEET TO THE
BEGINNING POINT, CONTAINING 22.022 ACRES, MORE OR LESS.
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EXHIBIT `B"
CONTACT LIST
1. Petitioner Applicant:
Zinkan Barker Development Company, LLC
Attn: Robert J. Barker
5332 N. Temple Avenue
Indianapolis, IN 46220
Phone: 317 396 -1600
Email: bob(cr�,zinkanandbarker.com
2. Attorney /Land Use Professional (Authorized Contact Person):
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(cr�,nf- law.com
Email: Jonknf- law.com
3. Engineer:
Richard J. Kelly, PE
Evans, Mechwart, Hambleton, Tilton, Inc. (EMH &T)
Engineers, Surveyors, Planners, Scientists
7400 North Shadeland Avenue, Suite 150
Indianapolis, Indiana 46250
Phone: 317.913.6930
Fax: 317.913.6928
Email: RKellykemht.com
4. Architects: CR architecture design
Attn: Frank Liebgott, AIA
600 Vine Street, suite 2210
Cincinnati, OH 45202
Phone: (513) 721 -8080
Fax: (513) 721 -8181
Email: f1iebgott(cracr- architects.com
Page 10 of 15
EXHIBIT "C"
EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES
and
FINDINGS OF FACT
Requested Variances:
A. Section 23C.03.B. —Maximum 75% gross floor area permitted for retail uses
The applicant seeks approval to allow retail uses to occupy more than 75% of the project gross floor area.
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 characteristics of potential retail uses in excess of 75% of the project gross floor area do not
differ from those of other non retail commercial 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 characteristics of potential retail uses in excess of 75% of the project gross floor area do not
differ from those of other non retail commercial 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 characteristics of potential retail uses in excess of 75% of the project gross floor area do not
differ from those of other non retail commercial uses.
B. Section 23C.08.02 Maximum Setback from US 421 Right -of -way
The applicant seeks approval to allow parcels with no frontage on US 421 to exceed the maximum building
setback for parcels with frontage on US 421.
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 overall landscaping design along US 421 will be commonly maintained and access to the site
will be safe and efficient.
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 overall landscaping design along US 421 will be commonly maintained and access to the site
will be safe and efficient.
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 overall landscaping design would not be under individual control and access to the site would
be less efficient.
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C. Section 3.07 Definitions Changeable Copy
The applicant seeks approval to allow a remotely operated internal mechanical system that changes copy
(display fuel pricing) as opposed to manually changing individual panels by hand to achieve the same
result. This request is does not include an exposed led lighting source and is limited to the fuel station use
on a ground sign and a multi -tenant building complex directory sign.
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 request allows only for a more efficient system to change the display copy. The
display is not different than what is permitted by right if adjusted manually.
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 request allows only for a more efficient system to change the display copy. The
display is not different than what is permitted by right if adjusted manually.
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 more efficient system to change the display
copy. The display is not different than what is permitted by right if adjusted manually,
D. Section 3.07 Definitions Multi- tenant Building Complex Directory Sign
The applicant seeks approval to allow Changeable Copy on a multi -tenant building complex directory sign.
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 request will not change the location, design, or style of the sign and will allow for conveying
fuel pricing to patrons of the center while on site and exiting the center allowing them to enter the
fuel center without first exiting the center out onto US 421.
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 request will not change the location, design, or style of the sign and will allow for convey
fuel pricing to patrons of the center while on site and exiting the center allowing them to enter the
fuel center without first exiting the center out onto US 421.
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 fuel pricing to patrons of the center
while on site. The patron would have to exit the center onto US 421 to assess pricing and the
return after exiting.
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E. Section 25.07.02- 08(b), -09(b) and -11(b) —Frontage on a public Street
The applicant seeks approval to consider US 421 as street frontage for the purpose of regulating signage
within the Multi -tenant Building Complex.
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 request will not change the location, design, or style of any sign within the center.
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 request will not change the location, design, or style of any sign within the center.
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 any sign within the center due to the ownership
of a common area along the property frontage containing landscaping and stormwater
management features.
F. Section 25.07.02 -08(b) Three signs for single tenant building (Anchor Tenant)
G. Section 25.07.02 -08(b) Three signs facing west (Anchor Tenant)
H. Section 25.07.02 -08(c) Maximum sign area (Anchor Tenant)
The applicant seeks approval to allow three wall signs, all facing west, for the anchor tenant within
the center.
FINDINGS OF FACT (requests F, G and H)
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 wayfinding 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 13 of 15
I. Section 25.07.02 -11(d) —maximum height of multi- tenant building complex sign
The applicant seeks approval to allow a multi -tenant building complex sign that exceeds the
permitted sign height.
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 sign will effectively address the wayfinding needs of the motoring public.
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 sign will effectively address the wayfmding needs of the motoring public.
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 adequately addressing the wayfmding needs of
the motoring public.
J. Section 23C.03.B. Drive -thru location on buildings
The applicant seeks approval to allow a drive -thru on the side of structures.
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 drive -thru stacking is located in an area that will be virtually invisible from the US 421 right
of -way.
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 drive -thru stacking is located in an area that will be virtually invisible from the US 421 right
of -way.
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 require placement of the drive -thru at the rear of the
buildings conflicting with delivery functions making it practically difficult to separate customer
and delivery traffic.
K. Section 23C.14.07. —Perimeter Fences
The applicant seeks approval to allow the use of alternate materials and column spacing.
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:
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The screening provide by the combination of existing evergreens, proposed evergreen plantings,
and mound offset the need for the ordinance required column spacing and materials specifications.
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 screening provide by the combination of existing evergreens, proposed evergreen plantings,
and mound offset the need for the ordinance required column spacing and materials specification.
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 require construction of additional columns that may
damage existing evergreen plantings and reduce the ability to provide an improved vegetative
buffer.
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