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HomeMy WebLinkAboutPacket 01-24-12• • Pr • • MERIDIAN & IN A Browning Development Meridian & Main Development Standards Variance Docket No. 11120012 V Docket No. 11120013 V Informational Packets January 13, 2012 • Table of Contents Section I Docket No. 11120012 V Section II Docket No. 11120013 V Section III Aerial Plan Section IV Site Plan Section V Building Rendering fir( / arm rrr firr� CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE err wJ' Docket No.: 1112001 2 V r � 3 Carmel, Indiana Petitioner: Meridian 131, LLC 1. 2. 'l 3. r DATED THIS DAY OF ,20 Board Member Page 9 of 11 — filename: development standards vadance2011.docrev 12/282010 • �2)ila, • CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: 11120012V Petitioner: Meridian 131, LLC r 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The uses proposed are not being changed from permitted B -6 / US 31 Overlay District uses, only the height of the proposed buildings. e 2. 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 envisioned by this variance will be consistent with those permitted in the B -6 / US 31 Overlay District and rezoning petition docket number 0702012Z. 3. 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: When the property was zoned, the proposed use was identified and zoning was approved for that use with additional commitments to regulate development. The terms of the zoning ordinance would not allow the use and development of the real estate, as proposed at the time of zoning, without the requested variance. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 11120012V 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 of 11- filename. development standards variance 2011.doc rev. 122812010 rr„ dpi CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $291.90 for the first variance, plus $89.90 for each additional section of the ordinance being varied. All Other $1,156.50 for the first variance, plus $646.40 for each additional secton of the ordinance being varied. Or, see Nearing Officer Fees. DOCKET NO. 11120012V DATE RECEIVED: 1) Applicant: Meridian 131, LLC Address: 2) Project Name: Meridian & Main phono: 317 -344 -7328 Engineer /Architect: Cripe, Inc. Phone: 317 "844 -6777 Attorney: Joseph M. Scimia, Baker & Daniels Phone: 317- 569 -4680 6100 W. 96th Street, Suite 250, Indianapolis, IN 46278 Contact Person: James W . Browning Phone: 317 - 344 -7328 Email: jbrowning@browninginv.com 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. (c) Other: 4) If Item 3) (o) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No /Instrument No. 2007060171 Page: Purchase date: October 2 2007 6) Common address of the property involved: 1440 Main Street West Lot 1 of Meridian & Main as depicted on Exhibit "A" attached hereto, which Legal description: is part of the real estate described on Exhibit "B" attached hereto. 17- 09- 26- 02 -01- 001.001; 17- 09- 26- 00 -00- 004.001; 17- 09- 26- 02- 01- 004.001; 17- 09- 26- 00 -00- 005.101 • yam N% cfre c' 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question Tax Map Parcel No.: 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 requests a variance of development standards of the US 31 Overlay District to provide for the development of two (2), 15,000 sq. ft. retail buildings with one occupiable floor per building consistent with the Preliminary Conceptual Plan filed in connection with rezoning petition docket number 0702012Z. Section 23B.08.03.A requires a minimum building height of 26' and 2 occupiable stories. wry off fa • elf r sheet entitled "Findings of Fact - Development Standards Variance "). Petitioner proposes the developement of two (2), one story buildings consistent with the Preliminary Conceptual Plan for the property filed with rezoning petition docket number 0702012Z. 9) Present zoning classification of the property: B -6 / US 31 Overlay 10) Size of lot/parcel in question: Approximately 3.36 acres 11) Present use of the property: Vacant 12) Describe the proposed use of the property: Retail 13) Is the property: Owner occupied Renter occupied to be lease they 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, instrument no., decision rendered and pertinent explanation. Rezoning petition docket number 0702012Z and commitments recorded as Instrument No. 2007044967. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? 17) If the proposed variance is granted, who will operate and/or use the proposed Improvement for which this application has been filed? Meridian 131, LLC 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 abuting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting Information has been submitted to the Department of Commju]i Services. / Applicant Signature• i i' — Date: / 02��/// The applicant certifies* signing this application that he /she s been advised that all representations of the Department of Community Services ar advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his /her attorney. J14 ('fig ur✓ CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana • Docket No.: 11120013V Petitioner: Meridian 131, LLC 1. • ifs lr 2. 3. DATED THIS DAY OF ,20 Board Member Page 9 0111 - filename, development standards variance 2011 doc rev 1228/2010 lei Yrr) f KI ( 1 Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 11120013V Meridian 131, LLC The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The uses and square footage which are being proposed are not being changed from permitted B -6 / US 31 Overlay District uses, only the number of required parking spaces. 2. The use and value of the area adjacent to the property included in the variance will not be affected in asubstantially adverse manner because: The use envisioned by this variance will be consistent with those permitted in the B-6 / US 31 Overlay District and rezoning petition docket number 0702012Z. 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 property is burdened by a right-of-way taking by the Indiana Department of Transportation (INDOT) which restricts the amount of property available for the required amount of parking spaces. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 11120013V 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 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign.. Page 10 of 11 - filename. development standards variance 2011.doc rev. 12128/2010 CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $291.90 for the first variance, plus $89.90 for each additional section of the ordinance being varied. All Other $1,166.50 for the first variance, plus $546.40 for each additional r) section of the ordinance being varied. Or, see Hearing Officer Fees, g DOCKET NO. 1112001 3 V DATE RECEIVED: 1) Applicant: Meridian 131, LLC Eo Address: 6100 W. 96th Street, Suite 250, Indianapolis, IN 46278 2) Project Name: Meridian & Main Phone: 317- 344 -7328 Vi(/�rF vu), %p Engineer /Architect: Cripe, Ina. Attorney: Joseph M. Scimia, Baker & Daniels Phone: 317 - 844 -6777 Phone: 317 - 569 -4680 Contact Person: James W. Browning Phone: 317 - 344 -7328 Email: jbrowning@browninginv.com 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. (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: 2007060171 Deed Book No. /Instrument No. Page: Purchase date: October 2, 2007 6) Common address of the property involved; 1440 Main Street West Lot 1 of Meridian & Main as depicted on Exhibit "A" attached hereto, which is Legal description: part of the real estate described on Exhibit "B" attached hereto. 17- 09- 26- 02- 01- 001.0011 17- 09- 26- 00- 00- 004.0011 Tax Map Parcel No.: 17- 09- 26- 02- 01- 004.001; 17- 09- 26- 00- 00- 005.101 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). Petitioner requests a variance of Development Standards of the US 31 Overlay District to provide for 127 parking spaces to coincide with the development of two (2) 15,000 square foot buildings. Section 27.08 requires a minimum of one (1) space per 200 square feet of floor area or 150 total parking spaces. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question go Yyy lr sheet entitled "Findings of Fact - Development Standards Variance") The site is burdened by a right-of-way taking by the Indiana Department of Transportation (INDOT). 9) Present zoning classification of the property: s -s / U8 31 Overlay Approximately 3.36 10) Size of lot/parcel in question: acres 11) Present use of the property: Vacant 12) Describe the proposed use of the property: Retail 13) Is the property: Owner occupied Renter occupied to be leaned Other 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, instrument no., decision rendered and pertinent explanation. Rezoning petition docket number 0702012Z and commitments recorded as Instrument No. 2007044967. 15) Has work for which this application is being filed already started? if answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? 17) if the proposed variance Is granted, who will operate and /or use the proposed improvement for which this application has been flied? Meridian 131, LLC NOTE,: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (26) 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 (26) days prior to the pubiic 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 noticewas completed.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES iS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Comm. • Itv Services. Applicant Signature: Date: The appiicant certifies b 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.