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Home My WebLink About ApplicationCITY OF CARMEL - CLAY TOWNSHIP DOCKET NO. 1) 2) HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS DEVELOPMENTAL STANDARDS VARIANCE REQ DATE RECEIVED: Applicant: Mike's Car Wash, Inc. c/o Bill Dahm, President Address: 10251 Hague Road, .Indianapolis, IN 46256 Project Name: Mike's Express Car Wash Engineer/Architect: Paul I. Cripe, Inc. c/o Todd Bauer ¥ x~-' ...... <. Phone: (317) 580-8875 Phone: (317) 842-6777 Attorney: Charles D. Frankenberger Phone: (317) 844-0106 3) Applicant's Status: (Check the appropriate response) (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: Catherine L. Major, Richard E. Major and Gary R. Major Owner's ad&ess: 1250 South Rangeline Road, Carmel, IN 46032 5) Record of Ownership: Deed Book No./Instrument No. Book 248- Pages 87-89 Page: Purchase date: August 27, 1971 6) Common address of the property involved: 1250 South Rangeline Road, Carmel, 1N 46032 Legal descriptiOn: See Exhibit. ,'A", (hereafter "Real Estate") Tax Map Parcel No.: 16-09-36-04-02-006.000 and 16-09-36-04-02-004.000 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance, which applies and/or creates the need for this request). See Exhibit "B" (hereafter "Explanation") 8) State reasons supporting the Developmental Standards Variance request: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance") See Exhibit "C" 9) Present zoning of the property (give exact classification): I-1 Industrial District 10) Size of lot/parcel in question: 2.13 acres 11) Present use of the property: Car Wash- Automated and Self Serve Car Wash 12) Described the proposed use of the property: Car Wash- Automated and Self Serve Car Wash 13) Is the property' Owner occupied X Renter occupied Other 15) 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, ADLS/DP application filed on December 19, 2003, Docket Number 04010002 DP/ADLS., which application will be heard by the Plan Commission on February 17, 2004 Has work for which this Application is being filed already started? If ansWer is yes, give details: NO 16) Building Permit Number: N/A Builder: N/A If proposed appeal is granted, when will the work commence? 17) Immediately follOwing approval If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? ..The Applicant, its successors and assigns and subsequent owners of the real estate. NOTE' LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public heating date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the heating. 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 heating 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 Communi _ty Services. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advise of his/her attorney. This documents prepared by: NELSON & FRANKENBERGER 3105 E. 98th Street, Suite 170 Indianapolis, IN 46280 H:UANETLMIKE'S CAR WASI'IXCARMELkDSVR.DOC PETIT. IONE~ R'$ Mike's Car Wash, lno., by William $. Dah~ President, tho unde~ign~ ("P~fioner"), her&y (i) auth~es the law finn of Nelson & Frankenbcrger, P.C., and its attorneys, agents, and r~resentatives, and (ii) Paul L C~pc, its agents and mpres~mtatives, to r~present the P~fifioncr in conn~cliou with all proc¢~ii~gs ("Proceedings') before the Plan Commission and Board of Zoning Appeals of the City of Carmel, Indiana, and its Committccs, to obtain the approval of architectural design, lighting, and landscaping approval, developmont plan approval, and certain variance requosts in rcga~d to the real esta~ which is more particularly described on what is attached h~ and incorpo~ herein by reforence as Exhibit "A". MIKE'S CAR WAS1L INC. William ~. Dahm, Pr&i&nt STATE OF INDIANA ) )ss- Before me, a Notary Public in and for said County and Shite, personally appeared William I. Dahm, Prcsident of Mike's Car Wash, Inc., who aclmowledgcd execution of thc forogoh~g Petitioner's Consent. WITNESS my hand and Notarial Sca~ this.~dday of~ 2004. .oCommission Expires: C_ounty of Residence: Notmy ~~ 0 Printed l~me - H:~Jmet~ik~'s~Can~l~Petiticn~s Conscuudoc ow z 's Catherine L, Major, thc unaligned owner (thc "Owner"), who is also the survi~g spouse of Richard E. Major, hereby (i) authorizes thc law finn of Nelson & Frankenbcrger, P.C., and its attorneys, agents, and representatives, and (ii) t'aul I. Cripe, its agents and representatives, to mpresmt tho Owner in connection with all procoe, din§$ ("Proc~gs') b,fore the l~lan Commission and Board of Zoning Appeals of the City of C~'m~l, Indian~ and its Commitl~ to obtain tl~ approval of lighting, ~d lan~eaping ~pproval, d~ololanmt plan approval, md ~rtah~ varianoo reqae.~t~ in ro§~rd to tho tml ~tat~ whi,h i~ more partienlarly attached hereto and incorporated hc~--~ by mfCrmco as Exhibit "A". ~'~atherine L. Major )SS: Befor~ me, a Notary Public in and for said County and State, personally appeared Catherine L, Major, who aclmowled§ed execution of the foregoing Owner's Consent. W1TN2~S my hand and Notarial Seal this ~__.~~y of~ 2.004. ~" ZS. Z OI 0 _ Notary Pu~ic ,- _ __unty 9f Rcsid~co', C~ry R. Major, the undmigne~ owner (tho "OwnS'), hereby (i) anthor/zos tho law firm ofNo~ & Frankenb~rgor, P.C., and its attomcy~, ~gcnt~, and repre~cntativea, and (ii) Paul I. Cripo. its agmt~ and ropr~entativ~, to ~~t the Owner in connection with all proceoding~ ("Proceedings') bcfor~ tho Plan Commission and Board of Zoning Appeals of the City o£ Cannel, hdiaria, and ita Committ~s, to obtah the approval of architectural desil/~ri, ligh~g, and landsoap/ng approval, d~elopmeut plan approval, and tenon var/ance requests in rogard to tho real =state wh/ch is more particffi~l on w~t is attach~l hore~ and in, omorate-~ ,----'- - - _ -- Y dos~ribcd · ~, ,,,,~a u~=m oy re~rence as F-xhibit "A". . · . , Gar), R. Major STATE OF INDIANA ) Before me, a Not~ Pv~lic in and for said County and State, p~rso~y appeared Gary R. Major, who acknowledged execution of tho forego/ng Owner's Coasont. ,. C/foReddmce: .n .__ Print~ ' EXHIBIT "A" LEGAL DESCRIPTION Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana described as follows' Commencing at the Northeast comer of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana; thence South 00 degrees 00 minutes 00 seconds West (assumed bearing) on the East line of said Southeast Quarter 938.15 feet to the South fight-of- way of Carmel Drive; thence South 90 degrees 00 minutes 00 seconds West on said South right' of-way line 235.00 feet to the Northeast comer of the real estate described as Parcel II in Deed Book 248, Page 87 recorded in the Office of the Recorder of Hamilton County, Indiana, said point also being the point of beginning of the tract herein described; thence continuing South 90 degrees 00 minutes 00 seconds West on the North line of said real estate 165.05 feet to the centerline of the old Traction Company right-of-way; thence South 00 degrees 45 minutes 10 seconds West on said centerline 366.30 feet to the Northwest comer of the real estate described in Instrument #8702632 recorded in said Office; thence South 89 degrees 41 minutes 58 seconds East (this and the following 2 courses are on the North line of said real estate) 184.86 feet; thence North 00 degrees 00 minutes 00 seconds East 36.10 feet; thence South 89 degrees 41 minutes 58 seconds East 220.00 feet to the Northeast comer of said real estate, said point being on the East line of said Southeast Quarter Section; thence North 00 degrees 00 minutes 00 seconds East on said East line 132.30 feet to the Northeast comer of the real estate described as Parcel I in said Deed Book 248, Page 87; thence South 90 degrees 00 minutes 00 seconds West on the North line of said real estate 235.00 feet to the Southeast comer of the real estate described as Parcel I in said Deed Book 248, Page 87; thence North 00 degrees 00 minutes 00 seconds East on the East line of said real estate 200.00 feet to the point of beginning, containing 2.13 acres, more or less. H:\kelly\jim n~rnikes Car Wash~Legal Description.doc EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS VARIANCE- SIGN VARIANCE The Applicant, Mike's Car Wash, Inc. ("Mike's") is the contract purchaser of a parcel of real estate located near the southwest comer of Rangeline Road and Carmel Drive. This site is the current location of the Carmel Car Wash and the common address is 1250 South Rangeline Road ("Real Estate"). Mike's desires to demolish the existing automated car wash and self-service facility. In its place, Mike's will construct a new automated car wash facility and self-service facility. In this regard, on December 19, 2003, Mike's 'filed an ADLS/DP Application, Docket Number 04010002 DP/ADLS, which Application will be heard by the Plan Commission on February 17, 2004. In addition to seeking ADLS and DP approval for the Real Estate, Mike's is also requesting certain sign variances for the property. Included with this Application are renderings which depict the following signs: Ie Proposed ground sign for Cannel Drive- Mike's is seeking a variance from Section 25.07.02-08(d) of the Sign Ordinance in regard to the permitted height of ground sign. , Proposed _ground sign for Rangeline Road- Mike's is seeking a variance from Section 25.07.02-08(d) of the Sign Ordinance in regard to the permitted height of ground sign. Proposed menu sign- Mike's is seeking a variance from Section 25.07.05 of the Sign Ordinance to permit a menu sign, which is typically prohibited except for fast food restaurants. Proposed ticket book sign.- Mike's is seeking a variance from Section 25.07.05 of the Sign Ordinance to permit a ticket book sign, which would typically be prohibited because it is similar to a menu sign and only fast food restaurants are permitted to use menu signs. Please note, the existing Carmel Car Wash pole sign will be removed. Further, there will be no wall signage on either the automated car wash facility, or self-service facility. H:\janet\mike's Car Wash\carmelkDSVR. doc EXHIBIT "C" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' , Petitioner: Mike's Car Wash, Inc. le e e FINDINGS OF FACT- DEVELOPMENTAL STANDARDS VARIANCE The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because the proposed variances will not have any affect on public health, safety, morals, and general welfare of the community and, in part, the requested variances are necessitated for the reason of providing adequate and proper notice of the Applicant's business location and the services it offers to the general public. 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 requested variances are necessary to provide adequate and proper notice of the Applicant's business location and the services it offers to the general public, and the granting of the variances should not have any impact on the use and value of the properties which are adjacent to the site. 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 Applicant will be denied the opportunity to provide adequate and proper notice of the Applicant's business location and the services it offers to the general public. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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 ,2004. 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). H:\janeth-nike's Car Wash~carmelXDSVR.doc T T I~angeline Carmel Mike'~ Enter ~ion: 2.88e° On ~it, e Menu ~i0n=20.75q~ On ~ite Ticket Book ~ign'-25.84~ C~lrrr/~l ~cale: 1/2"~1'-0" Tot. a/~,'F-~,'e f~ 4.~.00m ...... ~ ~, ~- -- .... -~ ~ :~ 4-PAH' ~ .',~/ ~ : ' · ~ ~ , ~ ,~ ~ , ~ ~ . = NORTH ~ ~ , ~ k~~ ~ ) ,,,.,,..,o. i~ ~ ~ ) ~ ~ y ~ ~ ~ ~ ~ ~ENLARGED PLANTING PLAN "~ ................................................................................................................... ~ ............................ " ................................................................ ' ' <>~ , ~~ i ~ ~ ~l, ~ ~m ~ ~ ,~":~'~-~' .................................................................................................................................................. F ~,.-,-~q ~ ' NOfl~ 1 ~ Scale 1'"10' ,-,,0., ,-,-, ...... ~ Plant 'iai Sohadule Pl~t Type Key Quantity 8~ Botu~l Name C, orm~o~ Num Renwk8 I'"""-'-' ,,~ ,, ..r.,.. ,,....,. ~.~,,,,~..~..~ "~ "'""'"""... (Not To Evergreen Tree Planting Section LANDSC~APE NOTES. N $'LAT LENS SITE LIGHTING NOTES: