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Develoomental Standards Variance
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKETNO. 04040049 V
DATE RECEIVED:
1. Applicant:
Address:
Project Name:
Phone Number:
Engineer/Architect:
Phone Number:
Daniel H. and Jan Matthews
725 E. 106th Street
Indianapolis, IN 46289
Matthews Auto Repair, Inc.
(317) 846-5569
Weihe Engineering, Inc.
(317) 846-6611
Attorney:
Phone Number:
E. Davis Coots
255 E. Carmel Drive
Carmel, IN 46032
(317) 844-4693
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: Offer to purchase contingent on special use approval
4. If Item 3 (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Record of Ownership:
Deed Book No. 106
Page: 5 Purchase Date: 6-16-2002
6. Common address of the property involved: 725 E. 106th Street, Indianapolis, IN 46280
Legal Description: Please see attached.
Tax Map ParcelNo.: 17-13-12-01-01-006.000
17-13-12-01-01-007.000
7. Type of appeal: (check the appropriate response)
~ a) Request for a variance according to Section 30.4
Use Variance
XX Developmental Standards Variance
__ b) Request for an appeal from the decision of the Director of the Department of
Community Development, according to Section 30.1.
c) Request for a Special Use, according to Section 21.0.
8. State explanation of requested Variance/Appeal/Special use: (State what you want to do and
cite the section number of the Zoning Ordinance which applies and/or creates the need for this
appeal.
Applicant seeks a Development Standards Variance to obtain relief from the requirements
of the Home Place Overlay Zone (Chapter 23 E of the Zoning Ordinance).
9. State reasons supporting the Variance/Appeal/Special Use: (If filing for a variance, complete
the attached form entitled "Findings of Fact - Variance").
10. Present zoning of the property (give exact classification): B-2
11. Present use of the property: Auto repair service.
12. Describe the proposed use of the property: Same.
13. Is the property: Owner occupied XX
Renter occupied
Other __ not occupied - vacant
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.
No.
15.
Has work for which this application is being filed already started7 ff answer is yes, give
details: No.
Building Permit Number:
Builder:
16. Ifproposed appeal is granted, when will the work commence?
As soon as possible.
17.
If the proposed appeal is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
Applicant
18. Type of notification (check the appropriate response):
LEGAL NOTICE in the Noblesville Daily Ledger and Carmel News Tribune
(attached publisher's affidavit).
b)
CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining
property owners. (attach proof of mailing and return receipts).
i c)
HAND DELIVERED to adjoining property owners (attach petitioner's
affidavit of Notice of Public Hearing for hand - delivered notification).
NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST
BE DONE 30 (THIRTY) 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 supervision and zoning ordinance and/or the legal advice of
his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
affidavit is a tree and complete listing of the adjoining and adjacent property owners concerning
Docket No.
See Attached List
R:~DC'~IATTH EWSD. 1498 I',BZAAPPA2.wpd/
Auditor of Hamilton County, Indiana
AFFIDAVIT
~_ ~,,¢4/t.g O~-r'5 I, being duly sworn depose and say that I am the
owner/contract purchaser of property involved in this application and that the foregoing signatures,
statements and answers herein contained and the information herewith submitted are in all respects
true and correct to the best of my knowledge and belief.
E. Davis Coots
COOTS, HENKE & WHEELER, P.C.
STATE OF INDIANA )
)
COUNTY OF HAMILTON )
SS:
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana,
personally appeared. E. Davis Coots, Attorney for Applicant, and acknowledge the execution of the
foregoing instrument this Z 7.._ day of ~{~]) ,2004.
Notary~
Notary Public - Please Print
My Commission Expires:
Developmental Standards Variance
All Other:
Use Variance:
STATI~MENT O1~ DEVELOPMENTAL STANDARDS VARIANCE
The Applicant, Matthews Auto Repair, Inc., requests the Board of Zoning Appeals to vary
the Home Place Overlay Zone (Cannel Zoning Ordinance Chapter 23 E) to the extent that the
Ordinance requires Plan Commission approval of improvements to locations within the overlay zone,
the general provisions of the overlay zone requirement and the architectural design requirements of
the overlay zone in that petitioner is required to rcconfigure his automobile repair facility located at
725 E. 106th Strut by the Hamilton County Condemnation of Right of Way to enlarge the 106th
Street College intersection. The existing building will be shut off from 106th Street, requiring
reorientation of the building to permit the entrance of automobiles from the east instead of the north.
To replace lost service bays within the building, petitioner seeks to add a 30 by 50 addition to the
south of the existing building to be constructed the same as the existing structure (standing seam
metal roof and exterior). The requested variance will relocate overhead doors from the 106th Street
elevation to the east elevation and improvements to the front exterior of the building will be made
to include windows and landscaping.
Strict compliance with tho requirements of Home Place Overlay Zone (the creation of a
development plan, architectural design, landscaping, exterior lighting and signage compliance,
landscaping and architectural design including brick facing, bicycle and pedestrian traffic oriented
and the developmental standards) are all impractical considering condemnation by the county to
widen a highway is the cause for the need to expand the facility to replace portions of the building
made inaccessible by the relocation of 106th Street.
WHEREFORE, Applicant requests the Board of Zoning Appeals to grant the Developmental
Standards Waiver, authorize the Department of Community Services to prove the recotrfigurafion
of the existing building and the proposed addition as to its orientation, exterior materials,
landscaping and traffic pattern circulation.
Submitted by.'
E. Davis Coots
Attorney for Petitioner
R:~DO, MATrHEWSD. 1495 I~STMNT OF DEV STNDS.wpd
2
_ /lbroject: ST?-B878(001) . Sheet 1 of 1
addition to the Town of Home Place, Indiana, the plat of which is recorded in Dexxl Record
106, page 5, in the Office of the Recorder of Hamilton County, Illdjana, ~lal I~ing tlmt part of
- the grantors' land lying witi~ the right-of-way lines depicted on the attached Right-of-Way
Parcel Plat marked as Exhibit "B", described as follows: Beginning at the northwest corner of
- said Lot 238; thence South 88 degrees 58 minut~ 53 seconds East 48.768 meters (160.00 feet)
· along the north line of said lots to the northeast comer of said Lot 241; thence South 0 degrees
I~Z minutes 56 seconds West 7.924 meters (26.00' feet) along the east line of said Lot 241;
thence North 88 degrees 58 minu~s 53 seconds West 48.768 meters (160.00 feet) to the west
line of said Lot 238 at point "853" designated oll said parcel plat; theace lqo~.h 0 degrees i2
minutes 56 seconds East 7.924 meters (26.00 feet)' along said west line to the point of
beginning and containing 386.4 square meters (4,159 square feet), more or less.
Th/s desc£/ption was prepared for Hamilton County, Iudiana by
Lawrence C. Subxe, Indian~ Registered Land Surveyor, License
Humbex 910018, on the 20a day of September, 2001.
This description was wrillen from information obtained from the
reeorder*s office and other sources which were not necessarily checked
by a field survey.
EXHIBIT A, PAGE 2
CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
DocketNo.: 04040049 V
Petitioner: Matthews Auto Repair, Inc.
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 change to the existing building is caused by Hamilton County Condemnation of
Right of Way for 106th Street.
The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner became:
The same use will exist, but redesign of the site is required by the 106th Street widening
condemnation.
The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficnlties in the use of the property because:
The redesign and enlargement of the building is the result of condemnation. The cost to
bring the building into compliance with the overlay zone far exceeds the condemnation
proceeds.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance
Docket No. 04040o49 V is granted, subject to any conditions statext in the minutes of this Board,
which are incorporated herein by reference and made a part hereof.
Adopted this day of ,20__
CHAIRMAN
Conditions of the Board are listed on the back. (Petitioner or his representative to sign.)
#1028 REV. 7-89
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: 04040049 V
Petitioner: Matthews Auto Repair, Inc.
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
DATED THIS
DaY Of
,2004.
BOARD MEMBER
NOWOC~t/ ~NIC~II~Ifl O~$OdC~d
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SHADE TREE P~HTING DETAIL
OENERAL NOTES:
LEGEND
EXISTING SITE AND DEMOLITION PLAN
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