The URL can be used to link to this page

Home My WebLink AboutApplication: Use Variance 12070016 CARMEL BOARD OF ZONING APPEALS !'G� L ' 710 USE VARIANCE APPLICATION 0` FEE: $1,544 plus$123 per acre DOCKET NO. I.9-05 DO vv DATE RECEIVED: August 10, 2012 1) Applicant: Tom Wood, Inc . Address: 3003 E. 96th Street, Suite 201, Indianapolis, Indiana 46280 2) Project Name: Surface Parking Lot Roger Ward Engineer/Architect: Roger Ward Engineering Phone: 251-1738 Attorney: Paul G. Reis, Krieg DeVault LLP Phone: 238-6293 Contact Person: Larry V. Heid Phone: 574-2344 Email: lheid @tomwood. com Fax: 574-9895 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: Lighthouse Tabernacle Owner's address:2599 E. 98th Street, Carmel, IN Phone: 5) Record of Ownership-- Deed Book No./Instrument No. D.B. 307, Page 552 and D.B. 312 Page: 260 Purchase date: 1978 and 1979 6) Common address of the subject property: 9624 Day Drive Legal description: See Attached Tax Map Parcel No.: 17-14-07-04-06-017. 000 and 17-14-07-04-06-018 . 000 7) State explanation of requested Use 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 appeal). Applicant is seeking a variance from Section 6 . 01 . 01 and Appendix A of the Zoning Ordinance to allow a private parking area on land zoned S-2 Residence District. 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). The applicant is an affiliate of the Ford dealership located across Day Drive and east from the subject parcel. The, subject parcel and the adjoining real estate on the north, south and west are zoned S-2 Residential; however, the real estate to the south and west are being used for commercial business practices through grants of use variances. The proposed surface parking lot will not adversely affect the value of the adjacent properties. and will not affect the health, safety or general welfare of the community. The grant of a use variance will be consistent with the pattern of allowing commercial uses in this area. 9) Present zoning classification of the property: S-2 Page 1 — filename:use variance application 2012.doc rev.12/28/2011 • • 10) Present use of the property: Vacant residential home and undeveloped lot 11) Size of lot/parcel in question:, 1 .24 +/- acres 12) Describe the proposed use of the property: surface parking lot for cars and trucks pending sale by auto and truck dealer located immediately east and across Day Drive from the property 13) Is the property: Owner occupied X ; Renter occupied ; 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, decision rendered and pertinent explanation. None 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? Work will commence upon receipt of all necessary permits. 17) If the proposed appeal is granted,who will operate and/or use the proposed improvement for which this application has been filed? An affiliate of the applicant operating the car and truck dealership will operate and use the surface parking lot . 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 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 Community ��Services. l Applicant Signature: '`' .,`k..e Date: -7/ 1�1 r Larry VVHeid, Vice President Tom Wood, Inc. The applicant certifies by signing t Is 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. Page 2 — filename:use variance application 2012.doc. rev.12282011 • • Order No. : 453413 EXHIBIT "A" PARCEL 1: Part of the Southwest quarter of the Southeast quarter of Section 7, Township 17 North, Range 4 East in Hamilton County. Begin at a point 559.3 feet East and 581 feet North of the Southwest corner of the Southeast quarter of Section 7, Township 17 North, Range 4 East said point being the Northwest corner of Lot 4 in Day's Survey; thence North parallel with the West line of said Southeast quarter 100.0 feet to an iron stake; thence East parallel with the South line of said Southeast quarter 179.82 feet to the center of Day Drive; thence South on and along said center line 100.00 feet to a point; thence West 179.87 feet to the Place of Beginning. Containing .41 acre, more or less. PARCEL 2: A part of the Southeast quarter of Section 7, Township 17 North, Range 4 East, described as follows: Begin at a point 559.3 feet East and 481.0 feet North of the Southwest corner of the Southeast quarter of Section 7, Township 17 North, Range 4 East, said point being the Northwest corner of Lot No. 5 in Day's Survey; thence North parallel with the West line of said • Southeast quarter, 100.0 feet to an iron stake; thence East parallel with the South line of said Southeast quarter, 179.87 feet to the center of Day Drive; thence South on and along the said center line, 100.0 feet to a point; thence West, 179.92 feet to the Place of Beginning. Containing .41 acre, more or less. Also, Begin at a point 559.3 feet East and 381.0 feet North of the Southwest corner of the Southeast quarter of Section 7, Township 17 North, Range 4 East, said point being the Northwest corner of Lot 6 in Day's Survey; run thence North parallel with the West line of said Southeast quarter, 100:0 feet to an iron stake; thence East parallel with the South line of said Southeast quarter, 179.92 feet to the center of Day Drive;thence South on and along the said center line, 100.0 feet to a point; thence West 179.97 feet to the Place of Beginning. Containing .41 acre, more or less. Property 9624 Day Drive, , IN Address: • • CARMEL/CLAY BOARD OF ZONING APPEALS FINDINGS OF FACT for USE VARIANCE Docket No.: Petitioner: Tom Wood, Inc. 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s)such that enforcement of the zoning ordinance will result in unnecessary hardship because: the subject parcel and surrounding area is no longer residential in use or character, therefore, enforcement of the ordinance would preclude reasonable commercial development of the former residential parcel . 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed surface lot will have little or no effect on the general public or the community. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the area is almost entirely commercial in nature and this surface parking lot is an accessory use to the existing adjacent Ford dealership. 4. The need for the variance arises from a natural condition peculiar to the subject property because: despite the evolut-ion of this area from residential to commercial the area has not been rezoned accordingly. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 10 — filename:use variance application 2012.doc rev.12/28/2011