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HomeMy WebLinkAboutApplicationsCITY OF CARMEL- CLAY TOWNSHIP HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75,~)0 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1 ) Applicant: ..... Address: Eclipse Real Estate, Inc. by Steven D. Hardin, Esq., BINGHAM McHALE, LLP 970 Logan Street, Noblesville, IN 46060 2) Project Name: 116th & Key. stone Shops Phone: Dan Schnur, The Schneider Corporation Engineer/Architect: _April Hensley~ Leech-Hensley_ Architects Phone: Attorney: Steven D. Hardin, Esq., BINGHAM McHALE, LLP Phone: (317) 776-8668 (317) 826-6427 (317) 842-1931 (317) 776-8650 3) 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: Owner of the property involved' Owner's address: Phone:__ 5) Record of Ownership: Deed Book No./Instrument No. 6) Page: Purchase date' Common address of the property involved' 2810 116th Street E., Carmel, IN 46033 Legal description' (SEE ATTACHED) Tax Map Parcel .No.' 16-10-31-00-00-010.000; 16-10-31-00-00-010.001 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). The petitioner plans to redevelop the subject property, which is an abandoned gasoline service station, into a small office/retail center that will complement the Keystone corridor and the surrounding uses. In order to redevelop the site in this manner, the petitioner is request_in_g relief from the following sections of the zoning ordinance: 14.04.02, 14.04.03, 14.04.05, 14.04.09, 14.06, 23A.02, 23A.03, 23A.04, 25.07.02-9(b), and 26.4.5. Page 1 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). With the aD_proval of the' requested variances, the petitioner will.have the abi_lity_.~o fully redevelop the_..subiect 'property in a manner that is more consistent with the upscale development projects recently constructed within the Keystone corddor and more cqmplim_e_nta_w_ to the nei.qhbodn_g residential uses in the area.. The proposed project will enhance the community by fully redeveloping the gasoline service station Site as it exists today. 9) Present zoning of the property (give exact classification): B3 ~0) SiZe of lot/parcel in question:__. · 1 ..260 Ac. +/- acres Present use of' the property: Abandoned Gasoline Service Station 12) Describe the proposed use of the property: Office/Retail 13) 14) is the property: Owner occupied Renter occupied Other The .pLo_p_e_rt_y_i_s_not cur_rentl~_ccupied. · .. 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. N/A 15) 16) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: N/A N/A Builder: .~ If proposed appeal is granted, when will. the work commence? Late 2004-Early 2005 17) if the proposed variance is granted, who will operate and/or use the proposed imprOvement for which this application has been filed? -. Petitioner NOTE: LEGAL NOTICE shall be published in the Indianapolis Star 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' properly 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 abuttin, g Property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was Page 2 'of 8 - Z:\shared\forms\BZA applicationS\ Development Standards Variance Application rev. 0110512004 Bingham ® McHal attorneys at I.a Steven D. Hardin Attorney eLLP W 970 Logan Street Noblesville, Indiana 46060 binghammchale.com Phone 317.776.8650 Fax 317.776.865 ! shardin @ binghammchale.com Bingham ® McHale,.~ attorneys at taw Matthew S. Skelton, AICP Land Planner 970 Logan Street Noblesville, Indiana 46060 binghammchale.com Phone 317.776.8654 Fax 317.776.8657 mskelton @binghammchale.com I, her0by swear that I am the, owner/contract purchaser of property Involved In this application and that the f~regolng alt]natures, stateme~ and answam herein centalm~ and the info,nation he~awi~h eubrrlitted are in all reapeet~ true and correct to ttle be~t-~f myknowladge and' belief. I, the undersigned, auttl~~e applicartt to act on mybehaifwith regard to thls application and subsequent hearings and teslim~y, // (Please Prtm} STATE OF I['al3qA~ O~ZO County of ~.= (County ~n which n~otarlZatlo~'ta-~'piace) ................. Before me the undersigned, a Notary Publi~ (Notary pUbll~"~.°UntY of residence) county, state ,peraonally appeared ,To[m ~', Grau~: ...... and acknowledge the execution of the foregoing Instrument this (Pl'~l~rty owne~, ~ff~:~'~,~,-~ Power ~ Attorney) _._ day of _..._._~ar ch (SEAL) My commission expires; ........ . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No · Petitioner: Eclipse Real Estate, Inc. by Steven D. Hardin, Esq. 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: _A_pproval of the requested variances will not be iniurious to public health, safety, morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the communit~the~_i_mpr_o~th__e_gg_neral welfare of the community. T..he. proposed project will dramatically improve the appearance of the 116th Street and Keystone Avenue intersection and will be constructed in compliance with _appli_c.a_bJe_h_ea_l_ t__~An_d sa_fe_ty_sj~dard_~. .... 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 use and value of adjacent properties will not be affected in an adverse manner. The proposed pro~c-Fi~-Iik-e-i~Td-[ncrease prolS~-rt-y-~a-I~-~'-a'-~d-~61~e the USe of adjacent properties. The proposed office/r~etail project will compliment adjacent residential uses by providing neighborhood services to the community. The proposed project will significantly enhace the aesthetic quality of the existing site, thereby improving property values in the vicinity. The proposed project will be consistent with the quality of development that has come . to be expected within the Keystone corridor. 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 identified development standards would preclude the redevelopment of the subject property in the manner proposed. The proposed project Will SignifiCantly improve and compliment the appearance and functionality of the high-profile 116th Street and Keystone Avenue intersection. By granting the requested variance included in this petition, the City will gain the benefit of this well-deSigned, aesthetically pleasing compliment to the Carmel community.. The strict ap_lplication of the identified standards would frustrate the redevelopment of this site, thereby creating a practical difficulty in the use of the property. 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 ,20 04 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). Z:\shared~forms\BZA applications\devstandapp Revised 01105/2004 Page 8 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 APPEALS Carmel, Indiana Docket No.' Petitioner: FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot,Sheet) . . DATED THIS DAY OF ,20 Board Member · Page 7 of 8 - z:\share~forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 ,CITY OF CARMEL- CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTIO DEVELOPMENT STANDARDS.VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: Address: Eclipse Real Estate, Inc. by Steven D. Hardin, Esq., BINGHAM McHALE, LLP 970 Logan Street, Noblesville, IN 46060 2) Project Name: 116th & Keystone Phone: Dan Schnur, The Schneider Corporation Engineer/Architect: ~ril Hensley,_L_e_ech-__H_e_ns_l_e.y Architects Phone' Attorney: Steven D. Hardin, Esq., BINGHAM McHALE, LLP Phone: (317) 776-8668 (317) 826-6427 ......... (317.) 842-1931 (317) 776-8650 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: Owner's address' Phone: 5) Record of Ownership: Deed Book No./Instrument No. 6) Page: Purchase date: Common address of the property involved: 2810 116th Street E., Carmel, IN 46033 Legal description: (SEE ATTACHED) Tax Map Parcel No.' 16-10-31-00-00-010.000; 16-10-31-00-00-010.001 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). , The petitioner plans to redevelop the subject property, which is an abandoned gasoline service station, into a small office/retail center that will complement the Keystone corridor and the surrounding uses. In order to redevelop the site in this manner, the petitioner is _re_g~esti_n_g relief from the followinq sections of the zoning ordinance: 14.04.02, 14.04.03, 14.04.05, 14.04.09, 14.06, 23A. 02, 23A.03, and 23A.04. Page 1 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). 9) 10) With the a~_provai of the requested variances, the petitioner will have the ability__to_.full¥ redevelop the subject property in a manner that is more consistent with the upscale development projects recently constructed within the Keystone corridor and more cqmp/i_m_e_n_t_ary to the neig_h_bodn__g residential uses in the area. The proposed project will enhance the community by fully redeveloping the gasoline service station site as it exists today. Present zoning of the property (give exact classification): Size of lot/parcel in question' 1.260 Ac. +/- acres Present use of the property: Abandoned Gasoline Service Station 12) Describe the proposed use of the property: Office/Retail 13) 14) Is the property: Owner occupied Renter occupied Other T h e pr_o p_e_r t. y_ i_s_n o__t c__u_rre n t l___~_c c_gu 12 i_e_d= ..... 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. N/A ~5) 16) 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 If proposed appeal is granted, when wilt the work commence? Late 2004-Early 2005 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Petitioner NOTE: LEGAL NOTICE shall be published in the !n_dianapolis Star 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 abutt!ng property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was Page 2 of 8 - Z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 Commench~ at. ft P. K. l~ set by the Han~ton County ~nrv~ Office to mark the Southeast earner of said Sou~ quartu~, thence South 8e d~free~ 60 mtuu~s SS ss~nds West {asnnnnd ~ I~S3.0~ feet. eu~t vith tho Line of stt4 ~ou~ ~ ~ Not~ O0 dos~, 09 minv~es O0 seconds 50 minutes 55 fiooonds West nkO0 feet lmr~..l wtU t~e m)um tree or sam ~ut~es.qt ~M-br end ef~t wttli tho ~ nne or 11ett~ Stree~ ns ~ co~ty. ~~a ~ · 5/0 ~ M c~~ ~~ (gt~ ~~ ~~ ~ TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assiqned until all supporting information has been submitted to the Department of Community 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 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 Auditor of Hamilton County, Indiana--Signature Date Page 3 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 l, horoby ~wear that I am thc owner/contract purcflaaer of property Involved In this application and that the foregoing elgnatures, statements and answers herein conlaln~ and the informatfon herewith ~ubmitted are In al! reapect~ lrue and correct to trle I~eltof my knowledge and belief, i, the undersigned, th~s applicat/on and subsequent hearings and teslimony, Signed: ~ ~///~~.,~ :~... .. 0,*"' STATE OF II~rA~ OHIO Ooure/of ...... Nanao~k (County In Which notarlzatlo~'~'l~'~iace) ................ B,f~m me the underslgned. · Notary Publi~ fer ._..._ Hancock __ ~ {Notary Publlc'a county of resldence~ ..... county, state of ohl~~, personally appeared .Totm Y, (~:~nl: ...__ and aoknowledge the execution of the foregoing instrument this _._ day of _.__._~arch (SeA. L) .................. 2004 CYNTHIA L, S~YDER '· ............ '" ~ MY col~p~o.~ ,~_x~,'te.e oc~'. 4~ 2001 My commission e~oires: Carmel, Indiana Docket No.' Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS DAY OF , 20 Board Member- Page 7 of 8 _ z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: Eclipse Real Estate, Inc. by. Steven D. Hardin, Escj. 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: _A__~.proval of the requested variances will not be iniUrious to public health, safety, morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the _co__m__m_u_nity,_the~_i_m_p_r_q_vi_n_g_th__~e g_e_n_er_a_l_w_el_far_e_9oft_h_e., community. T_he proposed project will dramatically improve the appearance of the 116th Street and Keystone Avenue intersection and will be constructed in compliance with _~applicable health and safety_s_t_andards. . 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 use and value of adjacent properties will not be affected in an adverse manner. The proposed proj~f-~-~-e-~-f~-increase property ~v-a-I~§~-h-d-~h-~~"[he use of adjacent properties. The proposed office/retail project will compliment adjacent residential uses by providing neighborhood services to the community. The proposed project will significantly enhace the aesthetic quality of the existing site, thereby improving property values in the vicinity. The proposed project will be consistent with the quality of development that has come . to be expected within the Keystone corridor. 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 identified development standards would preclude the redevelopment of the subject property in the manner proposed. The proposed project will significantlY improve and compliment the appearance and functionality of the high-profile 116th Street and Keystone Avenue intersection. By reducing the various required setbacks applicable to the subjeCt property, the City will gain the benefit of this well-designed, aesthetically pleasing c_o_m_ptiment to the Carmel community. The strict application of the identified setbacks would frustrate the redevelopment of this site, thereby creating a practical difficulty in the use of the property. 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 20 04 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). Z:\shared\forms\BZA applications\devstandapp Revised 01/05/2004 Page 8 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 6d.,ALE. I/4" = I'-0l' NOTE: SIGN TO USE UP-LIT LIGHTING~ ~ $TO~R FAC. R. SC, ALE~: 5/52" = t'-0" OULTUP-.RD STONE SCALE- CITY OF CARMEL.- CLAY TOWNSHIP ... ,HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD. OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE' Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: .... Address: N_A_l_O__[y_~ia Partners by. Steven D. Hardin, Esq., BtNGHAM McHALE, LLP 970 Logan Street, Noblesville, IN 46060 2) Project Name: 116th & Keystone Phone: (317) 776-8668 Engineer/Architect: April Hensley, Leech-Hensle~ Architects Phone: Attorney: Steven D. Hardin, Esq., BINGHAM McHALE, LLP Phone: (317) 842-1931 (317) 776-8650 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'__ Owner's address: Phone: 5) Record of Ownership: Deed Book No./Instrument No. 6) Page: Purchase date: Common address of the property involved' 2810 116th Street E., Carmel, IN 46033 Legal description' (SEE ATTACHED) Tax Map Parcel No.' 16-10-31-00-00-010.000; 16-10-31-00-00-010.001 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). The petitioner plans to redevelop the subject property, which is an abandoned gasoline service station, into a small neighborhood retail center that will complement the Keystone corridor and the surrounding uses. In order to redevelop the site in this manner, the .petitioner is requesti__n~_relief from three developrj3ent standards of the zoning ordinance: (1) Minimum Side Yard/Rear Yard Width- l~nd ~ (2) Landscaping Greenbelt Width- 1_4.6~__2_3_A._3_,_a_n___d 23A.4Lan__d_(~.) Minimum Front Yard - 23A.2.(_B_) .......... Page 1 of 8 - z:~shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). 9) With the aEproval of the requested variances, the petitioner will have the ability_to full)/redevelop the subiect property in a manner that is more consistent with the upscale development projects recently constructed within the Keystone corddor and more comp_li__m_e_n_t_ary to the neig_h_b_odn_g residential uses in the area. The proposed project will enhance the community by fully redeveloping the gasoline service station site as it exists today. Present zoning of the property (give exact classification)' B3/'05~/ ~o) Size of lot/parcel in question' 1.40 Ac. +/- acres 11) Present use of the property: Former Gasoline Service Station 12) Describe the proposed use of the property: Neighborhood Retail 13) 14) is the property: Owner occupied Renter occupied X Other 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. N/A ~5) 16) 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 If proposed appeal is granted, when will the work commence? Summer 2004 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Petitioner NOTE: LEGAL NOTICE shall be published in the Indianapolis Star 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 Page 2 of 8 - z:~shared\forms~BZA applications\ Development Standards Variance Application rev. 01/05/2004 Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . . DATED THIS DAY OF ,20 Board Member Page 7 of 8 -z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: NAI _oJy_m_pia Partners 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: _Approval of the requested variances will not be iniurious to public health, safety, morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the commun!ty, ther_e~_i_m_p_r_o_vin_g_the_general welfare of the community. The proposed project will dramatically improve · the appearance of the 116th Street and Keystone Avenue intersection and will be constructed in compliance with _a p p Ij__c_c_c~_b_le_h e a It h_ ~J _n_~ _sj _a_n_ d ~d_s_. _ _ . 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 use and value of adjacent properties will not be affected in an adverse manner. The proposed pro]~Et-i~'-Iik-e-l~'-t-5-[ncrease property v--~~~~~~r~' 'the uSe of adjacent properties: The proposed neighbOrhood commercial project will compliment adjacent residential uses by providing neighborhood services to the community. The proposed project will significantly enhace the aesthetic quality of the existing site, thereby improving property values in the vicinity. The proposed project will be consistent with the quality of development that has come . to be expected within the Keystone corridor. 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 identified development standards would preclude the redevelopment of the subject property in the manner proposed. The proposed ~r-oj~j~'"'wi'll significantly improve and compliment the appearance and functionality of the high-profile 116th Street and Keystone Avenue intersection. By reducing the various required setbacks applicable to the subject property, the City will gain the benefit of this well-designed, aesthetically pleasing compliment to the Carmel community. The strict application of the identified setbacks would frustrate the redevelopment of this site, thereby creating a practical difficulty in the use of the property. 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 20 04 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). Z:\shared\forms\BZA applications\devstandapp Revised 01/05/2004 Page 8 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No ' Petitioner: NAI O!y_m_pia Partners .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: _A_~.proval of the recj.uested variances will not be iniurious to public health, safety, morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the commun!t_y_~hereb_b_y_i_m_p_Eo_vi_n_g_th__e_g_eneral welfare of the community. The proposed project will dramatically improve the appearance of the 116th Street and Keystone Avenue intersection and will be constructed in compliance with _a p p I i__~_b_l.e__h ej I_Lh_a n .d~_af~_s_t a n~d ~_d_s_. , . 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 use and value of adjacent properties will not be affected in an adverse manner. The proposed ~F6]~[F-Fs-lik-e-l~-t-ST6-~Ta-~-~-15i~operty-~Ta-I~e-~,-a-h-d-~-r~Fi~h-E~he 'use of adjaCent properties. The Proposed neighborhood commercial project will compliment adjacent residential uses by providing neighborhood services to the community. The proposed project will si~-~-~-~i~-~-~-~'~-~-~-t-~e aesthetic quality of the existing site, thereby improving property values in the vicinity. The proposed project will be consistent with the quality of development that has come to be expected within the Keystone corridor. 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 identified development standards would preclude the redevelopment of the subject property i'-6-~'fi~ manner proposed. T-h-o proposed ~-'/'o-~'~-will significantlY improve and compliment the appearance and functionality of the high-profile 116th Street and Keystone Avenue intersection. By reducing the various required setbacks applicable to the subject property, the City will gain the benefit of this well-designed, aesthetically pleasing c_ompliment to the Carmel community. The strict ap_plic~tion of the identified setbacks would frustrate the redevelopment of this site, thereby creating a practical difficulty in the use of the property. 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 20 04 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). Z:\shared\forms\BZA applications\devstandapp Revised 01/05/2004 Page 8 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 Site Location Map