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Packet 12-13-04
Bingham McHale . attorneys at law 970 Logan Street Noblesville, IN 46060 317.776.8668 binghammchale.com Request for Development Standard Variances ECLIPSE REAL ESTATE, INC. By Steven D. Hardin, Esq. 1.260 Acres +/- Northeast corner of 116th Street and Keystone Avenue Submitted December 3, 2004 for the December 13, 2004 BZA Public I l0T" & KEYSTONE SHOPS Eclipse Real Estate, Inc. By Steven D. Hardin, Esq. Request for Development Standard Variances 1.260 Ac. +/- Northeast corner of 116th Street and Keystone Avenue TABLE OF CONTENTS Tab A .......................... Statement of Purpose Tab B .......................... Site Location Map Tab C .............. Building Elevations Tab D .......................... Landscaping Plan Tab E .......................... Commitments Tab F .......................... Development Plan Tab G. ........ Summary Variances Requests Tab H .......................... Proposed Findings STATEMENT OF PURPOSE Eclipse Real Estate, Inc. submits these requests for variance approval in order to redevelop the northeast corner of 116th Street and Keystone Avenue (see Tab B). The site currently contains a dilapidated gas station structure. This redeVelopment proposal includes a 1.260 +/- acre parcel that is zoned B-3 and located within the U.S. 431 Overlay Zone. Eclipse proposes to develop a 7,350 square foot building on the development site with significantly enhanced architectural features. The project will include office and retail uses including a banking facility and a coffee shop. Eclipse has worked extensively with the Carmel planning staff, the Plan Commission and adjacent residents in order to creatively address the unique challenges created by the obvious space limitations of the development site. As a result, several modifications to the plans were made in order to maximize the many benefits associated with this redevelopment opportunity. The Development Plan (DP) and Architectural Design, Lighting and Signage (ADLS) proposals for this project were unanimously approved by the Plan Commission at its November 16, 2004 meeting. Plan Highlights' Architecture: Eclipse proposes to develop an office/retail building with significantly enhanced architectural features as illustrated in the elevations included at Tab C. The varied building textures, rooflines and building material colors will create an architecturally interesting and appealing appearance. Building materials will include: cultured stone bases, cast stone bands, face brick veneers, canvas awnings, E.I.F.S. and asphalt shingles. A dumpster enclosure will also be provided that is architecturally consistent with the proposed building. Landscaping/Buffering: A detailed landscaping plan for the project is shown at Tab D. Eclipse has worked with the Carmel planning staff and nearby property owners to reach agreement on the type of landscaping and other buffering to be provided along the east and north property lines of the site. Eclipse has agreed to the following, as included in the Commitments attached at Tab E' 1. Eclipse will install a decorative fence that will be consistent with the architectural design elements of the proposed building. 2. The wooden portions of the proposed fence will be double-paneled. 3. Eclipse will install evergreen trees on the neighbors' property. 4. During the DP and ADLS approval process, the buffer areas provided along the neighbors' property was increased in width and a significant amount of additional plantings were incorporated into this buffer area. Page 1 of 2 5. Eclipse has also agreed to limit retail operations, deliveries and trash pickups on the site to the hours of 6:00 a.m. to 10:00 p.m. . Eclipse has removed one of the originally proposed drive-thru lanes on the site and reduced the proposed building size from 8,400 square feet to 7,350 square feet in order to provide additional buffer area between the proposed use and neighboring residents. . Eclipse has agreed to preserve mature trees along the northern property line of the project site and has incorporated such trees into its landscaping plan. Si.qna.qe' _ _ Wall sign sizes and locations for the project are shown at Tab C (see west and south elevations) of this packet. All wall signs will consist of individually mounted, internally illuminated lettering. A ground sign that will be architecturally consistent with the proposed building is also proposed. An elevation of the ground sign is included at Tab C. Site Desig..n: Eclipse has worked extensively with the Plan Commission, the planning staff and the engineering staff to creatively design the site in a manner that best enhances traffic movements at the 116th Street and Keystone Avenue intersection (see Tab F). Eclipse will install an additional travel lane, raised median on 116th Street and other improvements as shown on the site plan as requested by the Carmel Engineering Department and as approved by the Plan Commission. Additionally, a significant amount of the existing site (approximately 20% of the site), at the City's request, has been set aside as future right-of-way in order to accommodate the City's long-range plans for the intersection of 116th Street and Keystone Avenue. Variance Requests' Due to the development site's special location, development and access limitations and the various buffering accommodations provided in the plans that were approved by the Plan Commission, certain development standard variances are needed. A table summarizing the requested variances is included at Tab G. The proposed findings for these variance requests are included at Tab H. As proposed, this project represents a 2.2 million dollar investment into the community and a significant improvement to the appearance of the 116th Street and Keystone intersection. If approved, Eclipse plans to begin site work early next year. Thank you for your consideration. Page 2 of 2 Site Location Map SCALE, I/4" = J'-O" NOTE: SI®N TO USE UP-LiT LI®HTtN®. /./ 7,3,,,50 F.F. ELEV = 820.17 PAD ELEV = 8t9.50 LF OF NEW PENCE TALL T0U~E THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND, WHERE POSSIBLE, MEASUREMENTS tN TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE. CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS, 2. REFER TO SITE LAYOUT PLAN, SHEET C101, FOR GENERAL NOTES. 3. CONTRACTOR SHALL CONSTRUCT PLANTING BEDS PER SPECIFICATIONS. 4. REFER TO SHEET LB01 FOR LANDSCAPE DETAILS. EXISTING TREES SHOWN WHICH ARE NOT DESIGNATED TO REMOVED ARE TO REMAIN AND SHALL BE PROTECTED THROUGH OUT CONSTRUCTION. HOLEY MOLEY SAYS DiG BLIND' 'IT'S THE LAW' ~LL 2 ~KII~ DAR BEFIts[ ~ Dt~ 1-800-382-5544 C~L 10LL FEE: ASSUMED NORTH ,T ~TNOUT NOTIF~I~K~ THE U~E~ SCALE: 1":20' N~ C~ L~e N~ T~e L~e N~ [l~r~ N~ ~t~ L~ I WARNt -G - ' I USE I I PURPOSES ONLY. FOR ANY OTHER INFORMATION SEE I L__ __ SITE LAYOUT PLAN, SHEET C101. _..] Buxus ~ 'Anfzam' Antzom Boxwood caroliniano American Hornbeam nolo 'Conico ' Common Ooffodils media 'Ershzom' Ershzom Yew bfloba I~oidenhoir Tree Liriodendron tufipifero Tree Berberis thunber~' 'A. None' Ouercus rubro Red Oak Amelancflier x grandifloro 'Robin Hill' Robin Hill Servfceberry '$tello D'Oro' chinens/s 'See Green' C~cditsio tr/oconthos 'PAll 2855' Shodemoster Hone[4ocust fortunei 'Colora~o' Ouercus otbo ~[fe Cledrastis ken tukea Yeflo~wood 8,936 &F Yellow Wale 3" P, HIC'K DATE: THE SCHNEIDER CORPORATION Avon Office 6845 Eost U~S, 36 Suite 500 Avon, IN 4612.3 Telephone: 317.272,0108 Fox: 317.272,0412 www.schneidercorp.com ArchJtec[ure Civil Engineering Environmental Engineering Oeotechnicel Services OlS * LIS Home Builder Services Interior Design Land Surveying Landscape Architecture Transportation Engineering ]L,101 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Eclipse Real Estate, Inc. (the "Developer") makes the following commitments (the "Commitments") to the Carmel Clay Plan CommisSion (the "Commission") regarding the use and development of the following described real estate (the "Real Estate") located in Hamilton County, Indiana: Section 1. Description of Real Estate: See Exhibit A attached hereto. Section 2. Docket No.' 04060033 DP/ADLS Section 3. Statement of Commitments: A. Fencing/Buffering: o The Developer agrees to install a decorative fence on the Real Estate along the north and east property lines of the Real Estate (the "New Fence"). , The New Fence shall be constructed in accordance with Exhibit B attached hereto and shall be at least as high as the existing fence located on the Maples of Carmel property along the north and east sides of the Real Estate (the "Old Fence"). The height of the New Fence shall be measured at the New Fence's highest point. 3. The New Fence shall be constructed at the time the Real Estate is redeveloped. 4. At the written request of the Maples of Carmel Property Owners Association (the "Maples POA"), as long as the request is received within six (6) months,after the effective date of these Commitments, the Developer agrees to remove 'the Old Fence at the Developer's expense. Se The wooden portions of the New Fence shall be double-paneled so as to create a double thickness of wood fencing between each masonry fence pylon. 6~ At the written request of the Maples POA, as long as the request is received within six (6) months after 'the effective date of these Commitments, the Developer agrees to install 8' Colorado Spruce trees (the "Trees") along the north and east sides of the New Fence on the Maples of Carmel property. . The Trees shall be installed in substantial compliance with the illustration included at Exhibit C. o The Trees shall be owned and maintained by the owner of the real estate on which the trees are planted. 1 9. The Trees shall be installed at the time the Real Estate is redeveloped. B. Hours of Operation' le The Developer agrees to limit the hours of operation of the retail uses on the Real Estate. Retail uses shall be permitted to be open for business after 6'00 a.m. and until 10:00 p.m. each day. , The Developer agrees to limit the times during which deliveries to the uses on the Real Estate may occur. Deliveries shall be permitted after 6'00 a.m. and until 10:00 p.m. each day. , The Developer agrees to limit the times during which trash pickup on the Real Estate may occur. Trash pickup shall be permitted after 6:00 a.m. and until 10'00 p.m. each day. C. Dumpster Enclosure and Site Lighting: o The Developer agrees to construct a dumpster enclosure in the northeast comer of the Real Estate (the "Enclosure"). , The Enclosure shall be constructed in substantial compliance with the illustration included at Exhibit D. . The opening of the Enclosure shall be oriented to the southwest (i.e., toward the intersection of 116th Street and Keystone Avenue) at an angle in substantial compliance with the illustration included at Exhibit C. , The Developer agrees to comply with the lighting plan attached hereto as Exhibit E. Section 4. Section 5. A, Bo Site Design. The setbacks and general site layout on the Real Estate shall substantially comply with the site plan illustration included at Exhibit F Binding Effect These Commitments are binding upon the Developer, each subsequent owner of the Real Estate and each other, person acquiring an interest in the Real Estate, unless modified or terminated. These Commitments may be modified or terminated only by a decision of the Carmel City Council following a public hearing held by the Carmel Plan Commission wherein notice has been given as provided by the Plan Commission's rules. _ 2 Section 6. Effective Date The Commitments contained herein shall be effective upon approval of the Developer's development plan ("DP") and architectural design, lighting and signage ("ADLS") proposals by the Carmel Plan Commission, identified as Carmel Docket No. 04060033 DP/ADLS and any other necessary approvals. Section 7. Recording The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Section 8. Enforcement These Commitments may be enforced by the Carmel-Clay Plan Commission, the City Council of Carmel, Indiana and the Maples POA. IN WITNESS WHEREOF, Eclipse Real Estate, Inc., an Indiana corporation, has caused this Commitment to be executed as of the ~ day of ,200~. Eclipse Real Estate, Inc. By: STATE OF INDIANA COUNTY OF ) ) ss. ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared , of Eclipse Real Estate, Inc., who having been duly sworn acknowledged the execution of the foregoing Commitments. Witness my hand and Notarial Seal this day of ,200~. My Commission Expires: Notary Public Primed Residing in County Prepared by' Steven D. Hardin, Attomey at Law, Bingham Noblesville, IN 46060, (317) 776-8650. McHale, LLP, 970 Logan Street, 3 EXHIBIT A LEGAL DESCRIPTION Part of the Southeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows' Beginning at a point on the South line of said lA Section; distant 1263.95 feet, measured South 89 degrees 50 minutes 55 seconds West along said South line from the Southeast corner of said ¼ Section; running thence South 89 degrees 50 minutes 55 seconds West and along said South line 325.0 feet to the center line of New State Road No. 431; thence North 0 degree 15 minutes 05 seconds West and along said center line 39.10 feet to the P.C. of a curve to the right, said curve having a radius of 19098.91 feet and a delta angle of 5 degrees 35 minutes 30 seconds; thence northerly along said curve and along the center line of said Road 250.90 feet; thence North 89 degrees 50 minutes 55 seconds East parallel with the South line of said lA Section 323.85 feet; thence South 0 degree 09 minutes 05 seconds East 290.00 feet to the point of beginning. (Instrument #9809812751) t I t I ? I t I I I I i I t ~ ! 6/ UPS© l'rl I I ! I i t g~ Tr~E~ g Orr~ TrM~ 6 Si,ode Trem: 12 Orr~ Treat: 17 ~ ::132 .. .. ,. .. .. ., .'., . . $,F, 820.17 619.50 ttmaa Tre~: $ 01~ Tree~11 Sara~ 44 t ~-~-~s2~ ASSUMF_D NORTH SCALE:: 1"=2o' ...................... ............ ~: .............. ........... ~ .............. ........... r; .............. ~O ..... ~".~-.-x.... {'~..~.~ M) -WARNtN6- I THIS SHEET TO BE USED FOR LANDSCAPE I PURPOSES ONLY. FOR ANY OTHER INFORMATION SEE I SITE LAYOUT PLAN, SHEET C101. j Ill LIGHTING PLAN 'EXHIBIT E 7,350 S.F. F.F. BEV = 820.!7 PAD BEV = 819.50 EXHIBIT F ""% :C: ' ,, .. ~., ,.. ,~. .... ~., i N89'50'55"E'! 323.8 '~'"'~ 24.00' TO' 7,350 $,F. F.F. EIFV = 820.17 PAD ELEV = 819.50 ...-~oRAISrr. D CONC~[.T[,, UEI~/tN ~II$..OF.....WALK .................... LEGEND ,.~ ../ ~ ~ .f ,, ~ ~, P~t ~ ~ ASSUMED NOR~ ,~~~ ~ ~:~.T.., ~ 2~.i9' (M ~"~"~'-" ~ 0 ..... ;" GENERAL NOES 1. ~~~ O~~Fffi ~ ........... ~ .... ~ ~ g- 9'~ ~ ~ RR ~ = ~0.17 ~ L~ o (In~t ~812751) 0 '~? ~ -~ ~ P~ of ~e~nty,~~d~no,~m~e of ~i~l~y~ 51,d~dTO~ B~Inn~g ~ e po~t ~ the ~th I~e of the ~th~t ~ of aa~ ~ ~t~; mnn~g ? ~. 55 ~ ~=t and ~g ~id ~ I~e 325.0 ~t to State R~d No. 431; ~ N~ 0 ~ ~ ~ ~t~ I~e 39.10 f~t to ~e P.C. of a ? ~ rad~a of 1~91 f~t ~d a d~ta ~e ~ n~y ~g ~ ~ ~d ~g ~id K ~ti~ 323.85 f~ ~ca ~ 0 d~ ~ ~ PARKING DATA ,,. ~ ~:. ~ ......... 1 ~ Pe 2~ ~ 37 i :"'~ .... TOTAl: 37 Spaces i ..... .~. ~,i REGULAR: 39 Spaces -;. '"', !i 1[1/2.j E]~E OF PVMT " ':'~ ...... ii ~. HANOICAP: 2 Spaces j- 2 1 t · ,,,,..,.~..,,. "' ,, ' 1 o o %. _Z;,.~'-:: \ ,' I i ..... ~2-,":~:~ / ,~ ' ~ ,:.._ _ . .~ ............................ ~~. 4/ :' .... : .... S[C~ON J-J ~-:.~'" - ...................................................................... 2 1/2' =-, t ".,, '~ / '"'",.. ======================================================= '~ CON~E,~ MEDIAN DETAIL[q~ { PRELIMINARY ~HE SCHNEIDER CORPORATION Avon Office 6845 East U.S. 36 Suite 500 Avon, -IN 46123 Telephone: 317. 272.0108 Fax: 317.272.0412 www. schn eidercorp.com Architecture Civil Engineering Environmental Engineering Oeotechnic~l Services (;IS * LIS Home Builder Services Interior Design Land Surveying Landscape A~chitecture Transportation Engineering ~HE3ET nil. E: C101 I I I I I I I I I I I I I I I I I I Summary of Variance Requests GREENBELT & PLANTINGS Required ' Proposed Standard Docket No. Citation ,, Description North South SW' East West North South SW East West 04080031 V 14.06 30'greenbelt-B-3Standards 30' 30' iii!!i!iiiiili!iii!iiiiiiiiiiii!ii! 30' iiiiiiiiiiiiiiii!!iiiiiiiii!iiiiii 15'* 5' .iiiiiiiiiii!iiiiii!iiiiiiiiiiii 15' iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ................. ~?.~c.~.:.~.~.~,...~,~. -'-'.'.'-'-'.'.'-'.','-'.'.'.'-'.'.'-'-'.'-'.'.', 04080036 V 26.04.05 buffer yard width 10'/20' 15'/25' 15'/25'10'/20' 15'/25' 15' * 5' O' 15' 8' .;.;.;.;.:.:.;.;.:.;.:.;.;.;.;.;.;, . .................. ::::::::::::::::::::::::::::::: bufferyd, shade trees 7.0 8.8 iiiiiiiiiiiiiiii!iiiiii!!iiiiiiiiii 7.5 13.0 iiiiiiiiiiiiiiii~iiiiiiiii!!i!iii 6 iii!iiiiiiiiiiiii!i!iiiii!!i!i~ 6 12 , , ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::: :-:.:.:.:-:-:-:.:.:;:;:;:;:;:; :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: !iii!iiiii!iiiiiiiiiiiiiiiiiiiii!iii!iii!iiiiiii!iii!iiiiiiiiiiiiiiiii!: iiiiiiiii!iii!iii!i!iiiiiiiiiii iiiiiiiiiiiiiiiii!iiiiiiiiiiiii!iii 8~ SIGNAGE Docket No. J Citation 04080035 V 125.07.02-9(b) Description Request"to allow a ground sign to be used in conjunction with the proposed wall signage. SETBACKS Required Proposed Docket No. Citation Description 'North 'South SW East West North South SW East West ................ 25 :::::::::::::::::::::::::::::::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:::::::::::::::::::::::::::::::::::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~: ............. ':':':':':':':':¥:':':':':':' ::::::::::::::::::::::::::::::: .:.:.:.:.:.:-:-:.:-:.:.:-:-:-:-:.:.................,....................-...-......,, 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:!:!: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:i:i:i:i * The greenbelt width shall be 15' except that the dumpster enclosure shall be permitted to encroah in this 15' area. In no event shall the dumpster enclusure be closer than 10' from the north property line. . . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.- 040800031 V; 04080036 V; 04080033 V Petitioner: Eclipse Real Estate, Inc. by Steven D. Hardin, Esq. FINDINGS OF FACT- DEVELOPMENT STA!',,IDARDS 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 greenbelt and buffer variances will not be injurious to public health, safety, morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the community, thereby improving 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 app!icabi_ehea!th and .safety standards. The developer has worked .extensively with the Plan Commission, the planning staff and neighbors to ensure that this development will not be injurious to the community. 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 ~OjjbCt iS likelY' {0-~ncrease pr~-~erty-vaiues by removIng the existing dilapidated gasoline service statiOn. The proposed development will compliment adjacent uses by providing neighborhood services to the community. The proposed project will significantly enhance 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 difr,~ulties in the use of the property because: The strict application of the identified development standards would preclude the redevelopment of the subject property in--~ manner proposed.--Th--~a~v-~l~-p-~-h'~-~--~'rked extensively with the adjaceht 'homeowners in order to address their buffering concerns. A new decorative fence and a significant number of 8' spruce trees will be installed as part of the agreement reached with the neighbors and the Plan Commission. The stdct application of the identified standards would frustrate this redevelopment Opportunity and the extensive planning efforts of the Plan Commission, the planning staff and the adjacent residents, thereby creating a practical difficulty in the use of this property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 040800031 V; 04080036 V; 04080033 V 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~forrns~ZA applications\devstandapp Revised 01/05/2004 Page 8 of 8 - z:~share(flf(xms~BZA applications\ Development Standards Variance Application rev. 01/0512004 . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No · 040800035 V 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: _Approval of the requested sign variance will not be injurious to public health, safety,., morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the community,~ther_eby_impr.0ving the_general welfare of the community.. The proposed project will dramatically improve the appearance of the 116th Street and Keystone Avenue intersection. The developer has worked .... extensively with the Plan Commission and the planning staff to ensure that architectural design, lighting and signage plans approved by the Plan Commission are acceptable to the Carmel community. 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 project'i~ iikei~y to increase property valueS by removing the existing"dilapidated' gaSoline service station.' "The' proposed development will compliment adjacent uses by providing neighborhood services to the community. The proposed project will significantly enhance the aesthetic quality of the existing site, thereby improving property . values in the vicinity. The proposed sign p_a_ckage 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 developer has worked extensively with the the Plan Commission, the planning staff and the adjacent ~-omeowners ~n-~he archite-c~rai d'-e~T~'~-,~ighfing and signage approval process. The PrOpOsed sign 'package is consistent with the high-quality architecture of the Keystone corridor. The strict application of the identified standard would prevent the developer from installing the sign package approved by the Plan Commission, thereby creating a practical difficulty. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 040800035 V 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~fo~ms~A applications', Development Standards Variance Application rev. 01/05/2004 . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 040800027 V;-04080029 V; 04080032 V Petitioner: Eclipse Real Estate, Inc. by Steven D. Hardin, Esq. : _ FINDINGS OF FACT -. DEVELOPMENT..STANDARDS V.AR. lANCE 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 setback variances will not be injurious to public health, safety, morals or general welfare of the community. Rather, the proposed redevelopment of the existing gasoline service station will enhance the communib/, t_h_ere ~m_prqving 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 applicable heal~__and safety standards. The developer has worked extensively with the Plan Commission, the planning staff and neighbors to ensure that this development will not be injurious to the community. 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 ~roject iS likely tO increase property values by remOving the existing dilapidated gasoline Service 'station. The' proposed development will compliment adjacent uses by providing neighborhood services to the community. The proposed project will significantly enhance 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 diff',~ulties in the use of the property because: The strict application of the identified development standards would preclude the redevelopment of the subject property ~-~ manner proposec[~--hT-h-~a~ o~~ha-s Worked extensively with the' adjacent homeownerS in Order to address their buffering concerns. A new decorative fence and a significant number of 8' spruce trees will be installed as part of the agreement reached with the neighbors and the Plan Commission. The strict application of the identified setbacks would frustrate this redevelopment opportunity and the extensive planning efforts of the Plan Commission, the planning staff and the adjacent residents, thereby creating a practical difficulty in the use of this property. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 040800027 V; 04080029 V; 04080032 V 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'tBZA app~calions\ Development Standards Variance Application rev. O1/05/2004