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Home My WebLink AboutPacketICE LEGAL ~ BUSINESS AD¥1SORS CARMEL BOARD OF ZONING APPEALS INFORMATION BOOKI.ET PETITIONER: MAIN & GUILFORD PLAZA, LLC PROPERTY ADDRESS: 811 WEST MAIN STREET SUBMITTAL DATE: APRIL 19, 2004 HEARING DATE: APRIL 26, 2004 DOCKET NO'S. 04020020UV 04020021V 04020022 V 04020023 V 04020024 V 04020025 V Attorney for Petitioner: Joseph D. Calderon Ice Miller One American Square Box 82001 Indianapolis, IN 46282 Attomeys for Petitioner (317) 236-2100 (5833) OneAmericanSquare I Box82001 I Indianapolis, IN46282-o002 I P317-236-2100 I F317-236-2219 [ www.iccmillcr.com Indianapolis j Chicago [ Washington, D.C. INDEX CARMEL BOARD OF ZONING APPEALS INFORMATION BOOKLET PETITIONER: MAIN & GUILFORD PLAZA, LLC PROPERTY ADDRESS: 811 WEST MAIN STREET ITEM NO. 2. 3. 4. 5. 6. 7. 8. 9. I0. 11. 12. 13. DESCRIPTION Use Variance Findings of Fact (Ballot Sheet) Use Variance Findings of Fact (Question Sheet) Use Variance Statement of Variance (Part of Application) Use Variance Statement of Support (Part of Application) Development Standards Variance Findings of Fact (Ballot Sheet) Development Standards Variance Findings of Fact (Question Sheet) Development Standards Variance Statement to Variance (Part of Application Development Standards Variance Statement of Support (Part of Application) Location Map Site Plan Elevation Plan Landscaping Plan Architectural Rendering Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana 04020020 UV Main & Guilford Plaza, LLC FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 4. DATED THIS DAY OF ., 20 __ Board Member CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL1 INDIANA Docket No.: Petitioner: Main & Guilford Plaza, LLC FINDINGS OF FACT - USE VARIANCE The grant of this variance will not be contrary fo the public interest, due to the existence of special condition{s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: the subject property is a "brownfield", and historically has been used as a service station, which increases the risk and reduces the desirability for lighter uses of the property. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: it is a redevelopment of a "brownfield", and the proposed uses will be complementary to nearby land uses. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the proposed uses will be conducted indoors and are compatible with the adjacent residential uses, and will improve neighboring properties values by eliminating a blighted structure. 'The need for the variance arises lrom a natural condition peculiar to the subject property because: the property, as a "brownfield" and improved with a service station building, is stigmatized and requires additional flexibility in uses in order to be successfully redeveloped. The granting of this variance does not substantially intedere with the Carmel/Clay Comprehensive Plan because: the uses proposed will be compatible with these contemplated in the comprehensive plan and the Old Meridian District, .DECISION iT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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 ,200 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back INDY 1312328vl CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION ': .' ..... ~ USE VARIANCE FEE: $1~250.00~ plus $100.00 per acre DOCKETNO. DATE RECEIVED: 1) Applicant: Main & Guilford Plaza, LLC 2) Address: 9247 North Meridian Street, Ste. 118, Indianapolis, Indiana 46260 Project Name: Main & Guilford Plaza Phone: (317) 846-3216 Engineer/Architect: Darrell Phillips, Insight Engineering Phone: (317) 848-9040 Attorney: Joseph D. Calderon, Ice Miller Phone: (317) 236-5833 -- 3) Applicant's Status: (Check the appropriate response) X __ (a) The applicant's name is on the deed to the property __ (b) The applicant is the contract purchaser of the property 4) __ (c) Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved: John and Norlene Ressler Owner's address: 3654 S. 600 East, Marion, IN 46953 Phone: -- 5) Record of Ownership: Deed Book No./Instrument No. 97-19459 Page: Purchase date: May 20, 1997 6) Common address o! the property involved: 811 West Main Street Legal description: Tax Map Parcel No.: 16-19-25-03-01-007.000 7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this appeal). Petitioner proposes to use a portion of the property for auto repair/service (no fuel) and also requests permission to use portion(s) of the property for cafe, delicatessen, coffee shop, art gallery or catering shop. The above-mentioned proposed uses are not otherwise permitted pursuant to Appendix "A" to Chapter 20G of the Carmel/Clay Zoning Ordinance. -- INDY 1312328vl 8) 9) ~o) 11) 12) 13) 14) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). The subject property is a "brownfield" lhat historically has been used as an auto service station, and the proposed uses recognize that as well as uses which would be compatible with a neighborhood mixed use development. Present zoning of the property (give exact classification): OM/MF* To be changed to OM/MU Present use of the property: Vacant Size of lot/parcel in question: 1.3 acres Describe the proposed use of the property: Mixed use retail/office, including auto repair/service. Is the property: Owner occupied Renter occupied Other Vacant Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this proper~y 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. ~5) ~6) ~?) Has work for which this application is being filed already staded? If answer is yes, give details: NO Building Permit Number: Builder: If proposed appeal is granted, when will the work commence? Spring 2004 (May) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? Principal use is Joe's Auto Service, other users to be determined. 2 I NDY 1312328vl Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 04020021V Main & Guilford Plaza, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 2. -- 3. DATED THIS __ DAY OF , 20 Bo~dMem~r _ INDY 1353519vl Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 04020022V Main & Guilford Plaza, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. -- 3. DATED THIS __ DAY OF ,20 Board Member INDY1353519vl INDy 1353519vl Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 04020024V Main & Guilford Plaza, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. -- 3. DATED THIS __ DAY OF ,20 Board Member INDYI353519vl Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana 04020025V Main & Guilford Plaza, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. -- 2. DATED THIS __ DAY OF , 20__ Bo~dMemb~ INDY 1353519vl CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 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: The site will meet all parking, access and drainage requirements, and the variances requested will not adversely impact traffic patterns or any other safety standard. 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 redevelopment of a blighted property for uses compatible with adjacent uses will enhance property values. 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 Zoning Ordinance does not contemplate the impact of proposed rights-of- way and on-site drainage on a small parcel being redeveloped for multiple tenants and uses. 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 ,200 . 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). INDY 1312328vl 7) 8) 9) 10) 11) 12) 13) 14) 15) 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). Petitioner proposes a variance of the following development standards of the Carmel/Clay Zoning Ordinance in order to provide a mixed use retail/office complex, including auto service/repair (no fuel). 1) Section 20G,05.04B(2){a)- Front setback of 4 feet from proposed right-of-way - 10 feet minimum required. 2) Section 20G.05.04B(3)(a) - Building footprint of 7080 s.f. proposed, minimum footprint of 8,000 s.f, required. 3) Section 20G.04.04F - Maximum lighting not to exceed 0.5 foot candles at property line. Petitioner's lighting plan exceeds standard at proposed rights-of-way lines to a maximum of 3.3 foot candles. 4) Section 20G.04.06 - Petitioner requests a slight reduction of landscaping requirements per landsceping plan. 5) Section 25.07.02-10- Petitioner proposed 6 tenant wall identification signs: 1 on Main Street frontage, 3 on Guilford Street frontage, and 1 on rear of building as well as 2 ground signs. State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The small size of the parcel, the right-of-way for Main Street and Guilford, the need for on-site retention and the need to market this property for multiple tenants all contribute to the need for variances of development standard. Present zoning of the property (give exact classification): OM/MF *To be changed to OM/MU Size of Iot/pamel in question: 1.3 acres Present use of the property: Vacant Describe the proposed use of the property: Mixed use retail/office, including auto repair/service Is the property: Owner occupied Renter occupied Other: Vacant 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. To Petitioner's knowledge, no. Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 2 INDY 1312328vl 7) 8) 9) 10) ti) 12) 13) 14) 15) 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). Petitioner proposes a variance of the following development standards of the Carmel/Clay Zoning Ordinance in order to provide a mixed use retail/office complex, including auto service/repair (no fuel), 1) Section 20G.05.04B{2)(a) - Front setback of 4 feet from proposed right-of-way- 10 feet minimum required, 2) Section 20G,05,04B(3)(a) - Building footprint of 7080 s,f, proposed, minimum footprint of 8,000 s.f. required. 3) Section 20G,04.04F - Maximum lighting not to exceed 0.5 foot candles at property line, Petitioner's lighting plan exceeds standard at proposed righta-of-way lines to a maximum of 3.3 foot candles, 4) Section 20G.04.06 - Petitioner requests a slight reduction of landscaping requirements per landscaping plan. 5) Section 25.07.02-10- Petitioner proposed 6 tenant wall identification signs: I on Main Street frontage, 3 on Guilford Street frontage, and 1 on rear of building as well as 2 ground signs. State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The small size of the parcel, the right-of-way for Main Street and Guilford, the need for on-site retention and the need to market this property for multiple tenants all contribute to the need for variances of development standard, Present zoning of the property (give exact classification): OM/MF *To be changed to OM/MU Size of IotJpamel in question: 1.3 acres Present use of the property: Vacant Describe the proposed use of the property: Mixed use retail/office, Including auto ~epair/service Is the property: Owner occupied Renter occupied Other: Vacant 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. To Petitioner's knowledge, no. Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 2 INDY 1312328vl SITE MAP TRASH PAD DETAIL W/COHCRL"I[ OLOCg W, iU. ~:\Pmie~t~O335\dwa\O3351DP.dwa. 0310312004 0~.~_'~0 AM. Cndl 81TE DATA TABLE RE~TAJ~V,~T 17 (1:~.,5 S~te) 7 ~ W 3 (1:1) 3 ~,e:~.,~,~ ~n~(~ ~dr~,l 7~1) PR(X)O~B) LE~BID MAIN & GUILFORD PLAZA, LLC SITE PLAN C201 PROPOSED EAST ELEVATION (VIEW FROM GUILFORD ROAD) PROPOSED NORTH ELEVATION (VIEW FROM MAIN STREET) HISTORICAL STUOCO CORNICE COLOR: WHITE PRELIMINARY ELEVATIONS PA211 (~,.~,.Shmb Planlin,q Detail Landscape Master Plan PLANT SCHEDULE MAIN STREET PLAZA, LLC LANDSCAPE P~N C220 I I I I I I I I I ! I I I I I I I I I I I I I ~ I I I I I I I I t I ! I ~ East Elevation - view from Guilford Road (See line drawings for notations and dimensions) NoAh Elevation - view from Main Street (See line drawings for notations and dimensions) } I I I I } I I I I I I ! I I I I I I West Elevation - view from Parking Lot (See line drawings for notations and dimensions) South Elevation - view from Parking Lot (See line drawings for notations and dimensions)