HomeMy WebLinkAboutApplication 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 '" } ~ "O 5
Applicant: Tom Wood Nissan
Address: 4150 East 96th Street, Indianapolis, IN 46280
2)
Project Name: Tom Wood Nissan
Engineer: Mike Hoff, Falcon Engineering
Architect: Mike Balay, Balay Architects
Attorney: Lawrence E. Lawhead, Barnes & Thornburg
Telephone: (317) 841-3141
Telephone: (317) 845-9402
Telephone: (317) 231-7262
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Applicant's Status:
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Related entity
If item 3)(c) is checked, please complete the following:
Owner of the property involved: Wood Mortgage RE, LLC
Owner's address' 3003 East 98th Street, Indianapolis, IN 46280
Telephone: (317) 574-0143
Record of Ownership: Wood Mortgage RE, LLC, Instrument 9709702095, January 17, 1989'
Wood Mortgage RE, LLC, Instrument 200000061814, December 11, 2000
Wood Mortgage RE, LLC, Instrument ., October 25, 2004
*Original purchase date by Thomas I. Wood
Common address of the property involved: 4150 East 96th Street
Legal description: See attached exhibit
Tax Map Parcel No.: 16-14-08-00-00-022.007, 16-14-08-00-00-019.001, 16-14-08-00-00-021.00
and 16-14-08-00-00-022.001
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8)
State explanation of requested Development Standards Variance: See paragraph 8.
State reasons supporting the Development Standards Variance:
Ordinance 26.04- Perimeter Buffering Requirements
In consultation with Staff, it was determined that Staff feels the ordinance requires that the buffering requirements
are as follows: for OfficefRetail
96th Street
East Side (rear yard)
Buffered Yard Classification Width Requested Width
D 25' (front) 15'
A 10' (rear) 5'
The west side of the property (along Bauer Drive East) has a 15' width which exceeds the required 10' width
which provides an additional 5' along the Bauer Drive East street. Along the east boundary, Petitioner is requesting a
5' buffer. The area between the proposed building and the property line is composed of a circulation drive for
employees and the landscape buffer. The property directly to the east has a drainage swale which appears to have a
separate parcel number and provides an additional natural buffer between the properties.
The southern property line along 96th Street isa relatively narrow frontage for the site compared to the
depth and the Petitioner is investing significant funds to improve drainage in the area by installing underground
detention which necessitates bringing the display area toward 96th Street. In addition, several years ago the
Petitioner provided right-of-way along 96th Street when requested by the County at no charge which significantly
reduced available area along 96th Street necessitating the variance.
Sign Ordinance
Ordinance 25.07.02-08 - Single Tenant Building
a)
b)
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d)
e)
0
g)
SIGN CLASSIFICATION: Ground sign, wall sign or roof sign. (Roof signs are prohibited on residences
which have been converted to office, business and/or manufacturing uses).
NUMBER & TYPE: The maximum number of identification signs permitted shall be one (1) sign for each
frontage on a public street (not alleys) with a maximum of three (3) signs for lots with three (3) or more
frontages. A building owner with two (2) or more frontages may elect to transfer a permitted sign from one
frontage to another to permit no more than two (2) signs to be oriented to one frontage as follows: one wall
or roof identification sign and one ground identification sign. (emphasis added)
MAXIMUM SIGN AREA: Per appropriate chart.
MAXIMUM HEIGHT OF GROUND SIGN: See appropriate chart.
LOCATION: See appropriate chart.
DESIGN: No restrictions except for those signs which require approval by the Commission.
COPY: As per definition of identification sign. Any permitted ground identification sign may include
changeable copy not to exceed two-thirds (2/3) of the sign area.
a)
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ILLUMINATION: Internal or completely shielded.
LANDSCAPING: Ground signs must be accompanied by a landscaped area at least equal to the sign area.
REQUIRED APPROVALS: All permanent signs requiring a permit that are established in a B-4, B-7, B-8,
M-3 or U.S. 31 Highway Overlay Zone require Commission approval.
SIGN PERMIT: Required.
FEES' Required.
In computing the allowable signage, Petitioner has frontage along 96th Street and Bauer Drive East and is
entitled to 2 signs. Petitioner is requesting 5 signs. See attached Exhibit.
The square footage allowable to Petitioner is as follows:
East 96th Street 105 square feet
Bauer Drive East ~:i: 95Square feet
TOTAL 200 square feet
When a site has "frontage" on two sides, it is entitled to 2 signs and one sign can be moved to a ground sign
(or two frontage signs).
Total signage square footage for all signs requested by Petitioner is only 116.25 square feet which is almost
half of the allowable 200 square feet for two signs.
The variance requested is for the Service Sign of 8.75 square feet centered over two (2) doors. The three signs
along 96th Street are "Tom Wood", "Nissan" and the Nissan logo, and the total square footage of all of these wall
signs, including the service sign, is 82.75 square feet which is substantially less than the 105 square feet allowable for
one sign under the ordinance.
Ordinance 14.04.09 - Maximum Lot Coverage
1. N/A
2. N/A
3. All other uses: Eighty percent (80%) of lot.
The petitioner dedicated significant square footage at no cost to the County as part of its project to widen
96th Street several years ago. Petitioner is now developing its land and at a significant cost is inVesting in
underground storm water detention which will improve and support the City and County's storm water capacity and
is much safer for the community than an open detention pond. To support the Petitioner's case, the lot coverage is
almost 88% because we do not have the detention pond and due to the buffering required by the site having two
fronts necessitating the variance request.
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Present zoning of the property.: B-3
Size of lot/parcel in question: 4.277 acres
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Present use of the property: Office building and adjacent parking lot (to be demolished)
Describe the proposed use of the property: New automobile dealership
Is the property: Owner occupied~
Renter occupied ~
Other X - Rented from related entity
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
Has work for which this application is being filed already started? No
If proposed appeal is granted, when will work commence? Immediately upon receipt of permits
If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has
been filed? Applicant
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 the adjoining 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 the 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.)
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AFFIDAVIT
I, hereby swear 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. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony...~O~
f~/ Signed' -k~'~-O'~'~~ _. ,~._~¢.~.._ ,A'~,~' (7 1/I 5_~0
~l~ro~'~'~ 8-~v~;'r, ',~;'('n~y, ~-7 ~)wer of Attorney) Df]te
(Please Print) ~J' ~'~'~'-
STATE OF INDIANA
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County of
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
day of .....
Notary Public--Si r~' ~
Notary Public-Please Print
My commission expires:
Page 4 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004
Tom Wood Nissan Legal Description
Part of the South Half of the Southwest Quarter of Section 8, Township 17:North,
Range 4 East in Clay Township, Hamilton County, Indiana, described as follows;~
Commencing at the Southeast comer of the Southwest Quarter of Section 8,
Township 17 North, Range 4 East; thence South 90 degrees 00 minutes 00
seconds West (assumed beating) on the South line of said Southwest Quarter
370.00 feet; thence North 00 degrees 10 minutes 48 seconds West parallel with
the East line of said Southwest quarter 387.20 feet to the place of beginning of the
within described real estate; thence South 90 degrees 00 minutes 00 seconds West
parallel with said South line 225.00 feet to the Easterly line of a roadway
easement recorded in Deed Record 309 pages 627 and 628 in the office of the
Recorder of Hamilton County, Indiana; thence North 00 degrees 10 minutes 48
seconds West on said Easterly line 322.80 feet to the point of curvature of a curve
to the left having a radius of 225.00 feet; thence Northwesterly curving to the left
on said curve and Easterly line an arc distance of 40.23 feet to a point 750.00 feet
North 00 degrees 10 minutes 48 seconds West of the South line of said Southwest
Quarter; thence North 90 degrees 00 minutes 00 seconds East parallel with said
South line 228.59 feet to a point 370.00 feet West of the East line of said
Southwest Quarter; thence South 00 degrees 10 minutes 48 seconds East parallel
with said East line 362.80 feet to the place of beginning. Containing 1.875 acres,
more or less.
Also: Part of the Southwest Quarter of Section 8, Township 17 North, Range 4
East in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Southwest comer of the Southwest Quarter of Section 8,
Township 17 North, Range 4 East on and along the south line of the said Quarter
section North 90 degrees East (assumed beating) a distance of 2068.45 feet to a
railroad spike, said spike being in the centerline of Bauer Drive, thence continuing
on and along said South line 25 feet to the point of beginning, thence North 00
degrees 10 minutes 48 seconds West parallel with the East line of said Southwest
Quarter 387.20 feet; thence North 90 degrees East parallel with the South line of
said Quarter section 225 feet; thence South 00 degrees 10 minutes 48 seconds
East parallel with said East line 387.20 feet to the South line of said Southwest
Quarter; thence South 90 degrees West on and along said South line 225 feet to
the point of beginning, containing 2 acres more or less. Subject to 45 feet by
parallel lines off the entire South side of the above described real estate for right
of way purposes; subjeCt also to the traffic signal easement recorded March 17,
1987 as Instrument #8705799 in the Office of the Recorder of the City of Carmel,
Indiana, and show on the plat; subject also to all other legal easements and fights-
of-way.
Also' Part of the Southwest Quarter of Section 8, Township 17 North, Range 4
East of the Second Principal Meridian in Clay Township, Hamilton County,
Indiana described as follows:
Commencing at the Southeast comer of the Southwest Quarter of said Section 8;
thence South 90 degrees 00 minutes 00 seconds West along the South line of said
Southwest Quarter a distance of 370.00 feet; thence North 00 degrees 10 minutes
48 seconds West parallel with the East line of said Southwest Quarter a distance
of 750.00 feet to the point of beginning; thence North 90 degrees 00 minutes 00
seconds East parallel with the South line of said Southwest Quarter a distance of
370.00 feet to the East line of said Southwest Quarter; thence South 00 degrees 10
minutes 48 seconds East along said East line a distance of 72.00 feet; thence
South 90 degrees 00 minutes 00 seconds West parallel with the South line of said
Southwest Quarter a distance of 370.00 feet; thence North 00 degrees 10 minutes
48 seconds East parallel with the East line of said Southwest quarter a distance of
72.00 feet to the point of beginning, containing 0.612 acres, more or less.
Also, the south 9.3 feet by parallel lines of the following described real estate'
Part of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in
Hamilton County, Indiana, more particularly described as follows - Beginning at a
point on the East line of the Southwest Quarter of Section 8, Township 17 North,
Range 4 East, 750.00 feet North 00 degrees 10 minutes 48 seconds West
(assumed beating) from the Southeast comer of said Southwest Quarter, thence
North 90 degrees 00 minutes 00 seconds West parallel with the South line of said
Southwest Quarter 598.59 feet to a point on a non-tangent curve, the radius point
of which bears 225.00 feet South 79 degrees 34 minutes 36 seconds West from
said point, thence Northwesterly on and along said curve 105.29 feet to a point
which is 225.00 feet North 52 degrees 45 minutes 51 seconds East from said
radius point, thence North 52 degrees 44 minutes 18 seconds East 123.42 feet to
the point of a curvature of a curve to the fight-having a radius of 50.00 feet,
thence Northeasterly on and along said curve to the right 36.14 feet to the point of
curvature of a reverse curve to the left having a radius of 50.00 feet, thence
Northeasterly on and along said curve to the left 82.16 feet, thence North 90
degrees 00 minutes 00 seconds East parallel with the South line of said Southwest
Quarter 454.28 feet to the East line of' said Southwest Quarter, thence South 00
degrees 10 minutes 48 seconds East on and along said East line 230.11 feet to the
place of beginning.
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