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HomeMy WebLinkAboutApplicationsCITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS AC SPECIAL USE APPROVAL REQUEST DOCKET NO. SL! -S3 -too 1) Applicant: Tom Wood, Inc. Address: 3003 E. 98 Street, Ste 201 Indianapolis, IN 46280 Attn: Larry Heid DATE RECEI Applicant: DYC Realty, L Address: 7399 Shadeland A Indianapolis, IN 46250 Attn: Alan V. Young 2) Project Name: East 96 Street Auto Park Engineer /Architect: Paul I. Cripe, Inc. Phone: 842 -6777 Attorneys: James J. Nelson Charles D. Frankenberger Phone: 844 -0106 3) Applicant's Status: One Applicant is the title holder of all of the real estate, and the other Applicant is contract purchaser of the real estate. Owner of the property involved: DYC Realty, LLC Owner's address: 7399 Shadeland Avenue, Suite 166, Indianapolis, IN 46250 5) Record of Ownership: Instrument No. 9809809276 Purchase Date: 1/30/98 6) Common address of the property involved: None Assigned Legal description: See Legal attached as Exhibit "A" Tax Map Parcel No.: 16- 14- 08- 00 -00- 016.000 16- 14- 08- 00 -00- 017.000 7) State explanation of requested Special Use: See Exhibit "B" 8) State reasons supporting the Special Use request: (Additionally, complete the attached question sheet entitled "Findings of Fact See Exhibit "C" 9) Present zoning of the property (give exact classification):, B -3 Business District 10) Present use of the property: Unimproved and undeveloped real estate 11) Describe the proposed use of the property: Automobile sales and service 12) Is the property: Owner occupied X Renter occupied Other 13) 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. No 14) Has work for which this Application is being filed already started? If answer is yes, give details: No Building Permit Number: N/A Builder: N/A 15) If proposed appeal is granted, when will the work commence? Immediately following approval 16) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? Each Applicant, its successors and assigns, lessees of each Applicant and subsequent Owners of the real estate. F \User\DieneUNeleon \Young Le ,me \Wood-DYC BZA- SU.APP.wpd NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date and should be published in the next available publication date of The Noblesville Times. The certified "Proof of Publication" affidavit both newspapers 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 and abutting 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 Development. The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advise of his/her attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. SEE EXHIBIT D FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHIBIT D -1. F: \User\Diane\Mahon \Young•W ood Lexus \Wood -DYC BZA- Sll.APP.wpd I, the undersigned, as Vice President of Tom Wood, Inc., one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. Dated: 5/iJ0 O STATE OF INDIANA Q ll SS: r COUNTY OF l Nopv) Before me, a Notary Public, in and for said County and State, appeared Larry Heid, as Vice President of Tom Wood, Inc., one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this 9 X-- day of 7/2 My Commission Expires: Al-A7 O260e) County of Residence: /6..#n' 2 7t--- F: \User\DieneUNelson \Young -Wood Lexus \Woad -DYC BZA- SU.APP. wpd Larry Heid 2000. I, the undersigned, as a member of DYC Realty, LLC, one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. Dated: J a 'o> County of Residence: F: \User\DimoUNelson \Young -Wood Lams Wood-DYC BZA- SU.APP.wpd /►1+>�I L OGLE NOTARY PUBLIC STATE OF INDIANA My Commission Expires: HAM UNTY M1 CQMA.I ILTON �TQN L){I CO FEB.27,2E Before me, a Notary Public, in and for said County and State, appeared Alan V. Young, as a member of DYC Realty, LLC, one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this 5 day of V,2 2000. Notary Public Printed/07,Z 02'g Land Description Lot 1 of East 96 Street Auto Park Part of the South Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 8; thence North 89 degrees 58 minutes 44 seconds West (assumed bearing) along the South line of said Southeast Quarter Section 714.53 feet to the Southeast corner of Tract II as described in Instrument No. 98- 9276, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 08 minutes 20 seconds East along the East line of said described land 75.00 feet to the North right -of -way line of 96 Street as described in Instrument No. 98- 61332, recorded in said recorder's office (the following six (6) courses are along said North right -of -way line); 1) thence North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South 84 degrees 18 minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West 201.99 feet to the POINT OF BEGINNING; 4) thence continuing North 89 degrees 58 minutes 44 seconds West 248.01 feet; 5) thence North 79 degrees 46 minutes 30 seconds West 254.02 feet; 6) thence North 89 degrees 58 minutes 44 seconds West 10.02 feet; thence North 00 degrees 01 minutes 16 seconds East 672.67 feet; thence North 06 degrees 21 minutes 08 seconds East 32.53 feet; thence South 89 degrees 58 minutes 44 seconds East 368.31 feet to a non tangent curve to the left having a radius of 78.00 feet, the radius point of which bears South 89 degrees 58 minutes 44 seconds East; thence Southeasterly along said curve 101.98 feet to a point of compound curve having a radius of 368.00 feet, the radius point of which bears North 15 degrees 06 minutes 41 seconds East; thence Easterly along said curve 38.47 feet to a point of reverse curve having a radius of 39.00 feet, the radius point of which bears South 09 degrees 07 minutes 18 seconds West; thence Southerly along said curve 55.15 feet to a point which bears South 89 degrees 51 minutes 40 seconds East from said radius point; thence South 00 degrees 08 minutes 20 seconds West 450.49 feet to a tangent curve to the left having a radius of 175.00 feet, the radius point of which bears South 89 degrees 51 minutes 40 seconds East; thence Southeasterly along said curve 48.74 feet to a point which bears South 74 degrees 10 minutes 52 seconds West from said radius point; thence South 15 degrees 49 minutes 08 seconds East 64.66 feet to a tangent curve to the right having a radius of 125.00 feet, the radius point of which bears South 74 degrees 10 minutes 52 seconds West; thence Southerly along said curve 34.81 feet to a point which bears South 89 degrees 51 minutes 40 seconds East from said radius point; thence South 00 degrees 08 minutes 20 seconds West 12.84 feet; thence South 45 degrees 08 minutes 20 seconds West 28.34 feet to the POINT OF BEGINNING, containing 8.311 acres, more or Tess. EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS SIGN VARIANCE The Applicants request a Special Use to use the Real Estate described in this Application for automobile sales and service, pursuant to the Plans filed herewith. Tom Wood Lexus will be operated on a portion of the Real Estate as indicated on the Plans filed herewith. Docket No.: EXHIBIT "C" CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6, as amended, does not apply. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /Clay comprehensive Plan because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, and is consistent with the use and character of the existing area. 3. The Special Use is physically suitable for the land in question, because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, an the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because the requested use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee, and the proposed use is the same or similar to the uses conducted on nearby real estate owned by the Applicants and others. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage or storm drainage facilities, nor police nor fire protection because sanitary sewer and water services and police and fire protection are available to the real estate and adequate provisions have been made to minimize the impact to vehicular traffic flow. 6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.4 (1 -25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: TRUE DECISION IT IS, THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use Variance Docket No. SU 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 2000. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS AC SPECIAL USE APPROVAL REQUEST DOCKET NO. S4-1 5-4 -aO 1 1) Applicant: DYC Realty, LLC Address: 7399 Shadeland Avenue, Ste 166 Indianapolis, IN 46250 Attn: Alan V. Young Applicant: Tom O'Brien Chrysler Plymouth, Inc. Northside and Thomas P. Miller Address: 5102 N. Keystone Avenue Indianapolis, IN 46205 Attn: Thomas P. Miller 2) Project Name: East 96 Street Auto Park Engineer /Architect: Paul I. Cripe, Inc. Phone: 842 -6777 Attorneys: James J. Nelson Charles D. Frankenberger Phone: 844 -0106 3) Applicant's Status: One Applicant is the title holder of all of the real estate, and the other Applicant is contract purchaser of the real estate. 4) Owner of the property involved: DYC Realty, LLC Owner's address: 7399 Shadeland Avenue, Suite 166, Indianapolis, IN 46250 5) Record of Ownership: Instrument No. 9809809276 Purchase Date: 1/30/98 6) Common address of the property involved: None Assigned Legal description: See Legal attached as Exhibit "A" Tax Map Parcel No.: 16- 14- 08- 00 -00- 016.000 16- 14- 08- 00 -00- 017.000 7) State explanation of requested Special Use: See Exhibit "B" 8) State reasons supporting the Special Use request: (Additionally, complete the attached question sheet entitled "Findings of Fact See Exhibit "C" 9) Present zoning of the property (give exact classification): B -3 Business District 10) Present use of the property: Unimproved and undeveloped real estate 11) Describe the proposed use of the property: Automobile sales and service 12) Is the property: Owner occupied X Renter occupied Other 13) 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. No F. \Vsv\DieneVNeleon \Young -Wood Lexue \OBrien- dycHZA -SU APP.wpd 1 14) Has work for which this Application is being filed already started? If answer is yes, give details: No Building Permit Number: N/A Builder: N/A 15) If proposed appeal is granted, when will the work commence? Immediately following approval 16) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? Each Applicant, its successors and assigns, lessees of each Applicant and subsequent Owners of the real estate. NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date and should be published in the next available publication date of The Noblesville Times. The certified "Proof of Publication" affidavit both newspapers 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 and abutting 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 acknowledgingthe 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 Development. The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advise of his/her attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. SEE EXHIBIT D FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHIBIT D -1. F'\User\Diane\JNalson \Young-Wood Lexus \O 'Brien- dycBZA- SU.APP.wpd Dated: Mu 5, Z ©CU STATE OF INDIANA SS: COUNTY OF Marion My Commission Expires: 6 -3 -2001 County of Residence: Marion F: \User\Dianel1Nelson \Young -Wood Laxus \OBrien- dycBZA- SU.APP.wpd I, the undersigned, as Vice President of Tom O'Brien Chrysler- Plymouth, Inc. Northside, one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. 1, O Thomas F. O'Brien Before me, allotary Public, in and for said County and State, appeared Thomas F. O'Brien, as Vice President of Tom O'Brien Chrysler Plymouth, Inc. Northside, one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this 5th day of May 2000. Notary Public Printed: Deborah J:--Wells Thomas P. Miller, the undersigned, hereby swears that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of his knowledge and belief. Thomas P. Miller, the undersigned,, hereby swears that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of his knowledge and belief. Dated: S/S /o7) Witnesseth my hand and seal this 5th day of My Commission Expires: 6 -3 -2001 County of Residence: Marion F: \User\Dian.UNelson \Young -Wood Lexus \OBrian- dycBZA- SU.APP.wpd j as P. Miller STATE OF INDIANA SS: COUNTY OF Marion Before me, a Notary Public, in and for said County and State, appeared Thomas P. Miller, one of the Applicants herein, and acknowledged the execution of the foregoing Application. May Notary Public 2000. Printed: Deborah J. Wells I, the undersigned, as a member, of DYC Realty, LLC, one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. Dated: OF INDIANA COUNTY OF SS: Before me, a Notary Public, in and for said County and State, appeared Alan V. Young, as a member of DYC Realty, LLC, one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this ANN L OGLE NOTARY PUI3LIC STATE OF INDIANA C ommission Ex ire HAMILTON COUNTY M Y p mmisS:ON EXP FEB, 27,E County of Residence: F:1User\DieneVNelson \Young-Wood Lexus \O'Brien dycBZA- SU.APP.wpd day of Notary Public 2000. Printed: ■/V/V ti Land Description Lot 2 of East 96t Street Auto Park Part of the South Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 8; thence North 89 degrees 58 minutes 44 seconds West (assumed bearing) along the South line of said Southeast Quarter Section 714.53 feet to the Southeast corner of Tract II as described in Instrument No. 98- 9276, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 08 minutes 20 seconds East along the East line of said described land 75.00 feet to the North right -of -way line of 96 Street as described in Instrument No. 98- 61332, recorded in said recorder's office and the POINT OF BEGINNING (the following three (3) courses are along said North right -of -way line); 1) thence North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South 84 degrees 18 minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West 111.99 feet; thence North 44 degrees 51 minutes 40 seconds West 28.23 feet; thence North 00 degrees 08 minutes 20 seconds East 12.74 feet to a tangent curve to the left having a radius of 175.00 feet, the radius point of which bears North 89 degrees 51 minutes 40 seconds West; thence Northeasterly along said curve 48.74 feet to a point which bears North 74 degrees 10 minutes 52 seconds East from said radius point; thence North 15 degrees 49 minutes 08 seconds West 64.66 feet to a tangent curve to the right having a radius of 125.00 feet, the radius point of which bears North 74 degrees 10 minutes 52 seconds East; thence Northerly along said curve 34.81 feet to a point which bears North 89 degrees 51 minutes 40 seconds West from said radius point; thence North 00 degrees 08 minutes 20 seconds East 450.63 feet to a tangent curve to the right having a radius of 39.00 feet, the radius point of which bears South 89 degrees 51 minutes 40 seconds East; thence Northeasterly along said curve 55.06 feet to a point of reverse curve having a radius of 368.00 feet, the radius point of which bears North 08 degrees 58 minutes 22 seconds West; thence Northeasterly along said curve 39.16 feet to a point of compound curve having a _radius of 78.00 feet, the radius point of which bears North 15 degrees 04 minutes 09 seconds West; thence Northerly along said curve 146.16 feet to a point which bears North 57 degrees 34 minutes 13 seconds East from said radius point; thence South 89 degrees 58 minutes 44 seconds East 308.64 feet to the East line of said Tract II as described in said Instrument No. 98- 61332; thence South 00 degrees 08 minutes 20 seconds West along said East line 776.85 feet to the POINT OF BEGINNING, containing 7.250 acres, more or less. EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS SIGN VARIANCE The Applicants request a Special Use to use the Real Estate described in this Application for automobile sales and service, pursuant to the Plans filed herewith. Tom O'Brien Chrysler -Jeep will operate on the Real Estate as indicated on the Plans filed herewith. 1. Docket No.: EXHIBIT "C" CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6, as amended, does not apply. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /Clay comprehensive Plan because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, and is consistent with the use and character of the existing area. 3. The Special Use is physically suitable for the land in question, because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, an the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because the requested use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee, and the proposed use is the same or similar to the uses conducted on nearby real estate owned by the Applicants and others. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage or storm drainage facilities, nor police nor fire protection because sanitary sewer and water services and police and fire protection are available to the real estate and adequate provisions have been made to minimize the impact to vehicular traffic flow. 6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.4 (1 -25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: TRUE DECISION IT IS, THEREFORE the decision ofthe Carmel /Clay Board of Zoning Appeals that Use Variance Docket No. SU 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 2000. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTI SPECIAL USE APPROVAL REQUEST DOCKET NO. S[.I -SS- 00 DATE RECEIVE 1) Applicant: DYC Realty, LLC Address: 7399 Shadeland Avenue, Ste 166 Indianapolis, IN 46250 Attn: Alan V. Young 2) Project Name: East 96 Street Auto Park Engineer /Architect: Paul I. Cripe, Inc. Phone: 842 -6777 Attorneys: James J. Nelson Charles D. Frankenberger Phone: 844 -0106 3) Applicant's Status: The Applicant is the title holder of all of the real estate. 4) Owner of the property involved: DYC Realty, LLC Owner's address: 7399 Shadeland Avenue, Suite 166, Indianapolis, IN 46250 5) Record of Ownership: Instrument No. 9809809276 Purchase Date: 1/30/98 6) Common address of the property involved: None Assigned Legal description: See Legal attached as Exhibit "A" Tax Map Parcel No.: 16- 14- 08- 00 -00- 016.000 16- 14- 08- 00 -00- 017.000 7) State explanation of requested Special Use: See Exhibit "B" 8) State reasons supporting the Special Use request: (Additionally, complete the attached question sheet entitled "Findings of Fact See Exhibit "C" 9) Present zoning of the property (give exact classification): B -3 Business District 10) Present use of the property: Unimproved and undeveloped real estate 11) Describe -the proposed use of the property: Automobile sales and service 12) Is the property: Owner occupied X Renter occupied Other 13) 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. No 14) Has work for which this Application is being filed already started? If answer is yes, give details: No Building Permit Number: N/A Builder: N/A 15) If proposed appeal is granted, when will the work commence? Upon approval of plans for improvements to be constructed upon the Real Estate. 16) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? Each Applicant, its successors and assigns, lessees of each Applicant and subsequent Owners of the real estate. F \Ueer\DlaneVNel.on \Young -Wood Lew. \dycRealty- BZA -SU APP.wpd NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date and shouldbe published in the next available publication date of The Noblesville Times. The certified "Proof of Publication" affidavit both newspapers 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 and abutting 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 shouldbe kept forverification 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 Development. The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advise of his/her attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. SEE EXHIBIT D FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHIBIT D -1. F: \User\Diane'Nelson \Young-Wood Lexus \dycRealty- BZA- SU.APP.wpd I, the undersigned, as a member of DYC Realty, LLC, one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects -true and correct to the best of my knowledge and belief. Dated: STATE OF INDIANA COUNTY OF' Witnesseth my hand and seal this 5 day of ANN L OGLE NOTARY PUBLIC STATE OF INDIANA HAMILTON COUNTY My Commission Expires: p✓y COMMISSION EXP FEB. 27,20W County of Residence: F:\User\Diane 'Nelson \Young-Wood Locus \dycRealty- BZA- SU.APP.wpd SS: Before me, a Notary Public, in and for said County and State, appeared Alan V. Young, as a member of DYC Realty, LLC, one of the Applicants herein, and acknowledged the execution of the foregoing Application. L 77Q-3- Notary Public 2000. Printed: Land Description Lot 3 of East 96 Street Auto Park Part of the South Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows:. Commencing at the Southeast corner of the Southeast Quarter of said Section 8; thence North 89 degrees 58 minutes 44 seconds West (assumed bearing) along the South line of said Southeast Quarter Section 714.53 feet to the Southeast corner of Tract II as described in Instrument No. 98- 9276, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 08 minutes 20 seconds East along the East line of said described land 75.00 feet to the North right -of -way line of 96 Street as described in Instrument No. 98- 61332, recorded in said recorder's office (the following four (4) courses are along said North right -of -way line); 1) thence North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South 84 degrees 18 minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West 111.99 feet to the POINT OF BEGINNING; 4) thence continuing North 89 degrees 58 minutes 44 seconds West 90.00 feet; thence North 45 degrees 08 minutes 20 seconds East 28.34 feet; thence North 00 degrees 08 minutes 20 seconds East 12.84 feet to a tangent curve to the left having a radius of 125.00 feet, the radius point of which bears North 89 degrees 51 minutes 40 seconds West; thence Northwesterly along said curve 34.81 feet to a point which bears North 74 degrees 10 minutes 52 seconds East from said radius point; thence North 15 degrees 49 minutes 08 seconds West 64.66 feet to a tangent curve to the right having a radius of 175.00 feet, the radius point of which bears North 74. degrees 10 minutes 52 seconds East; thence Northerly along said curve 48.74 feet to a point which bears North 89 degrees 51 minutes 40 seconds West from said radius point; thence North 00 degrees 08 minutes 20 seconds East 450.49 feet to a tangent curve to the left having a radius of 39.00 feet, the radius point of which bears North 89 degrees 51 minutes 40 seconds West; thence Northwesterly along said curve 55.15 feet to a point of reverse curve having a radius of 368.00 feet, the radius point of which bears North 09 degrees 07 minutes 18 seconds East; thence Northwesterly along said curve 38.47 feet to a point of compound curve having a radius of 78.00 feet, the radius point of which bears North 15 degrees 06 minutes 41 seconds East; thence Northerly along said curve 101.98 feet to a point which bears North 89 degrees 58 minutes 44 seconds West from said radius point; thence North 89 degrees 58 minutes 44 seconds West 368.31 feet; thence North 06 degrees 49 minutes 55 seconds East 248.08 feet; thence North 13 degrees 13 minutes 03 seconds West 127.03 feet; thence North 14 degrees 09 minutes 30 seconds East 145.61 feet to the North line of the South Half of said Southeast Quarter Section and the North line of Tract I as described in said Instrument No. 98 -9276; thence South 89 degrees 44 minutes 52 seconds East along said North line and the North line of said Tract II as described in said Instrument No. 936.85 feet to the Northeast corner thereof; thence South 00 degrees 08 minutes 20 seconds West along the East line of said Tract II 465.56 feet; thence North 89 degrees 58 minutes 44 seconds West 308.64 feet to a non tangent curve to the right having a radius of 78.00 feet, the radius point of which bears South 57 degrees 34 minutes 13 seconds West; thence Southwesterly along said curve 146.16 feet to a'point of compound curve having a radius of 368.00 feet, the radius point of which bears North 15 degrees 04 minutes 09 seconds West; thence Southwesterly along said curve 39.16 feet to a point of reverse curve having a radius of 39.00 feet, the radius point of which bears South 08 degrees 58 minutes 22 seconds East; thence Southerly along said curve 55.06 feet to a point which bears North 89 degrees 51 minutes 40 seconds West from said radius point; thence South 00 degrees 08 minutes 20 seconds West 450.63 feet to a tangent curve to the left having a radius of 125.00 feet, the radius point of which bears South 89 degrees 51 minutes 40 seconds East; thence Southeasterly along said curve 34.81 feet to a point which bears South 74 degrees 10 minutes 52 seconds West from said radius point; thence South 15 degrees 49 minutes 08 seconds East 64.66 feet to a tangent curve to the right having aradius of 175.00 feet, the radius point of which bears South 74 degrees 10 minutes 52 seconds West; thence Southerly along said curve 48.74 feet to a point which bears South 89 degrees 51 minutes 40 seconds East from said radius point; thence South 00 degrees 08 minutes 20 seconds West 12.74 feet; thence South 44 degrees 51 minutes 40 seconds East 28.23 feet to the POINT OF BEGINNING, containing 12.196 acres, more or less. EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS SIGN VARIANCE The Applicants request a Special Use to use the Real Estate described in this Application for automobile sales and service. By this application, the Applicant requests only that the proposed use be approved and, therefore, as a condition to the commencement of any construction, the Applicant agrees first to request and obtain special use approval of its plans for lighting, signage, landscaping, buildings, and other site improvements. Docket No.: EXHIBIT "C" CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6, as amended, does not apply. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /Clay comprehensive Plan because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, and is consistent with the use and character of the existing area. 3. The Special Use is physically suitable for the land in question, because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, an the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because the requested use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee, and the proposed use is the same or similar to the uses conducted on nearby real estate owned by the Applicants and others. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage or storm drainage facilities, nor police nor fire protection because sanitary sewer and water services and police and fire protection are available to the real estate and adequate provisions have been made to minimize the impact to vehicular traffic flow. 6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.4 (1 -25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: TRUE DECISION IT IS, THEREFORE the decision ofthe Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. SU 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 2000. CHAIRPERSON, Cannel/Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS AC SPECIAL USE APPROVAL REQUEST DOCKET NO. 1) Applicant: Address: Tom Wood, Inc. 3003 E. 98 Street, Ste 201 Indianapolis, IN 46280 Attn: Larry Heid DATE RECE Applicant: DYC Real Address: 7399 Shadela Indianapolis, IN Attn: Alan V. Young Applicant: Tom O'Brien Chrysler- Plymouth, Inc. Northside and Thomas P. Miller Address: 5102 N. Keystone Avenue Indianapolis, IN 46205 Attn: Thomas P. Miller 2) Project Name: East 96 Street Auto Park Engineer /Architect: Paul I. Cripe, Inc. Phone: 842 -6777 Attorneys: James J. Nelson Charles D. Frankenberger Phone: 844 -0106 3) Applicant's Status: One Applicant is the title holder of all of the real estate, and the other two (2) Applicants are contract purchasers of part of the real estate. 4) Owner of the property involved: DYC Realty, LLC Owner's address: 7399 Shadeland Avenue, Suite 166, Indianapolis, IN 46250 5) Record of Ownership: Instrument No. 9809809276 Purchase Date: 1/30/98 6) Common address of the property involved: None Assigned Legal description: See Legal attached as Exhibit "A" Tax Map Parcel No.: 16- 14- 08- 00 -00- 016.000 16- 14- 08- 00 -00- 017.000 7) State explanation of requested Special Use: See Exhibit "B" 8) State reasons supporting the Special Use request: (Additionally, complete the attached question sheet entitled "Findings of Fact See Exhibit "C" 9) Present zoning of the property (give exact classification): B -3 Business District 10) Present use of the property: Unimproved and undeveloped real estate 11) Describe the proposed use of the property: Automobile sales and service 12) Is the property: Owner occupied X Renter occupied Other 13) 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. No 14) Has work for which this Application is being filed already started? If answer is yes, give details: No Building Permit Number: N/A Builder: N/A 15) If proposed appeal is granted, when will the work commence? Immediately following approval 16) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? Each Applicant, its successors and assigns, lessees of each Applicant and subsequent Owners of the real estate. F. \UserTheneVNelson Young-Wood Lens\BZA- 9V_APP.wpd NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date and should be published in the next available publication date of The Noblesville Times. The certified "Proof of Publication" affidavit both newspapers 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 and abutting 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 Development. The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advise of his/her attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. SEE EXHIBIT D FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHIBIT D -1. F: \User\DieneUNelson \Young -Wand Lexus\BZA- SU.APP.wpd My Commission Expires: �C) f Dated: t a m/0 County of Residence: /(4I//? F: \User\Diane\1Nelson \Young -Wood Lamm W pplicant.Aff. wpd I, the undersigned, as Vice President of Tom Wood, Inc., one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. STATE OF INDIANA SS: COUNTY OF v/4.) Before me, a Notary Public, in and for said County and State, appeared Larry Heid, as Vice President of Tom Wood, Inc., one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this 15 7 V 114- day of 2000. Notary Pu Printed: C.) 7/� Dated: FEi3 2 b, 2000 STATE OF INDIANA SS: COUNTY OF Witnesseth my hand and seal this My Commission Expires: 7 3 -e F:\User\DianeUNelson \Young -Wood LarusWpplicantAll:wpd Signature Printed day of I, the undersigned, as a WC 64'510E of Tom O'Brien Chrysler- Plymouth, Inc. Northside, one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. d3/ 1 kornus r Q' /3ri e Before me, a Notary Public, in and for said County and State, appeared as a of Tom O'Brien Chrysler Plymouth, Inc. Northside, one of the Applicants herein, and acknowledged the execution of the foregoing Application. Notary Public County of Residence: i 2 6/ 1,C�firt) Printed: *zG /S ,,ga--71a// Thomas P. Miller, the undersigned, hereby swears that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of his knowledge and belief. Dated: oZ /a y /Oa STATE OF INDIANA COUNTY OF (.10/A S0/ SS: Before me, a Notary Public, in and for said County and State, appeared Thomas P. Miller, one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this My Commission Expires: Q ',,V 07 County of Residence: 7 /bae--V2/ 0 F: \User\DlaneUNelson \Young -Wood Lezus\ApplicantAttwpd Thomas P. Miller day of 1& i 2000. Notary P lic Printed: 40.26 )e-/-C/ I, the undersigned, as a member of DYC Realty, LLC, one of the applicants in the involved Application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. Dated: STATE OF INDIANA SS: COUNTY 0 s Before me, a Notary Public, in and for said County and State, appeared Alan V. Young, as a member of DYC Realty, LLC, one of the Applicants herein, and acknowledged the execution of the foregoing Application. Witnesseth my hand and seal this ANN L OGLE NOTARY PUBLIC STATE OF INDIANA HAMILTON COUNTY My Commission Expires:NN CO +:∎::Ic=rinN FXP FFR 27,2007 County of Residence: F. \User\DianeVNelson \Young-Wood Lexus\ApplicantAft:wpd Notary Public 2000. Printed:/V A L DcZ Ia5AL D SC1IIPTION TNtiCT Ii: EMI OP Lt *L DOMINION EXHIBIT "A" TRACT 1: Pare of the South Wulf of the Southeast Quarter of Section 1, Townenip 17 North,, Reng* a test in Namilten County, Indiana and tore partl;ula2ly deeQtibtd es Follows: eeglenihp it a point en the South line, a distance or 137a.67 feet Mast of the Southeast earner of said Half Quarter Sectienq thence month !C deuces 00 minuted 00 monde West steals the South line or sold Mal? Quarter Section, a dieterce of *78.23 feet to a paint; tram North 0 degrees 04 minutes 47 seconds rest parallel to the Nast line of said Moir Quarter Section, a distance or llt2.36 feet to a point In the Worth line of sate Mar Quintal Saetion; MEAN! Seutn e9 degrees 45 •leutea 5 seconds East along the Worth line of said half Charter Section, s oittance of 636.13 feat to a point; thence south 0 degrees 0a ell nutes a7 seconds West parallel to the West line of said half Quarter Section, a distance of 1120.ad Feet to the paint of beginning. Pert of the South Heir of the Southeast Quarter of Section e, Township 17 Korth, bangle A [est Ln hemilten County, Inliere and ooze particularly described es follows: eaolnnin¢ ■t a point on the 5011th line, a distance or 714.33 feet *fast or the Southeast corner of said Nell punster SeCtlon thence Perth 90 degrees 00 minutes 00 ascends West along the South line of said waif Quarter Section, s distant* or ec0.1* test to a poSPt; chance Korth 0 degrees es minutes 47 seconds fact erailei to the West line or Talc Half Quarter Section a distance of 1720.** feet to a point 111 the Worth 11ne of said Half .Quarter Section; thence Seutn.e9 degrees a6 minutes ss seconds East along the Perth line of sale Ralf Quarter Seetien, e distance of 660.11 feet to a point; thence South 00 degrees 04 minutes a7 seconds West parallel to the Vast line or said Half Quarter section, a distance of 1517.54.feet to the point of beginning. EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS SIGN VARIANCE The applicants request a Special Use to use the Real Estate described in this Application for automobile sales and service, pursuant to the Plans filed herewith. Tom Wood Lexus will be operated on a portion of the Real Estate as indicated on the Plans filed herewith, and Tom O'Brien Chrysler -Jeep will operate on another portion of the Real Estate as indicated on the Plans filed herewith. Docket No.: EXHIBIT "C" CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6, as amended, does not apply. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /Clay comprehensive Plan because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, and is consistent with the use and character of the existing area. 3. The Special Use is physically suitable for the land in question, because the proposed use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval of the Board of Zoning Appeals, an the technical aspects of the development plan have been reviewed and approved by the Technical Advisory Committee. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because the requested use is a permitted Special Use under the B -3 Business District Classification and is presumed appropriate subject to the review and approval ofthe Board of Zoning Appeals, the technical aspects ofthe development plan have been reviewed and approved by the Technical Advisory Committee, and the proposed use is the same or similar to the uses conducted on nearby real estate owned by the Applicants and others. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage or storm drainage facilities, nor police nor fire protection because sanitary sewer and water services and police and fire protection are available to the real estate and adequate provisions have been made to minimize the impact to vehicular traffic flow. 6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.4 (1 -25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: TRUE DECISION IT IS, THEREFORE the decision ofthe Carmel /Clay Board of Zoning Appeals that Use Variance Docket No. SU 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 2000. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back.