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HomeMy WebLinkAboutApplication ~ ~ .'CITY OF CARMEL - CLAY TOWNSH' 'HAMILTON CiOUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $257.50 for the first variance, plus $77.25 for each additional section of the ordinance being varied. All Other $978.50 for the first variance, plus $463.50 for each additional section of the ordinance being varied. OR see Hearing Officer Fees $St ~. 00 OSO~DO/~ DATE RECEIVED: 3-15--Gf-J DOCKET NO. 1) Applicant: _REI Investments and Carmel Department of Community Services Address: _11711 N. Pennsylvania St., Suite 201, Carmel, IN 46032; One Civic Square, Carmel, IN 2) Project Name: _Development Standard Variance Phone: _317/573-6043 Engineer/Architect: _Not Applicable Phone: Attorney: _Not Applicable Phone: 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 _X_(c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: _Fidelity Office Building II, L.P. Owner's address: _11711 N. Pennsylvania St., Suite 201, Carmel, IN 46032_ Phone:_317/573-6050_ 5) Record of Ownership: Deed Book No./lnstrument No. Page: Purchase date: 6) Common address of the property involved: _11590 N. Meridian Street, Carmel, IN 46032 Legal description: _See attached Exhibit A Tax Map Parcel No.: _16-13-02-00-00-002.001 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). _Due to the purchase of right-of-way by the City of Carmel for the 116th Street/Illinois Street expansion and round- about, the property's current compliance with Chapter 26.04.05 will no longer be in compliance as the bufferyard will be reduced. We seek a variance for the bufferyard to be changed in order be in compliance so that the road project may proceed as scheduled. Page 1 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 e . 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). _'n order for the City of Carmel's 116th Street/Illinois Street expansion project to move forward as scheduled, the property in question needs to come into compliance. 9) Present zoning of the property (give exact classification): _B-6/Business and S-2/Residence 10) Size of lot/parcel in question:_8.22 acres acres 11 ) Present use of the property: _Office Building 12) Describe the proposed use of the property: _Office Building 13) Is the property: Owner occupied Renter occupied _X 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. 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? _ 4/18/05- Expansion/widening of 116th Street begins 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? _City'of Carmel- Department of Community Services 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) Page 2 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 e e :_REALIZE THE BURDEN OF PROOF FOR ALL NOTICES lS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS 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 supportinq 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 S-r22--> publiC; ruo+;~_ fOld~ Auditor of Hamilton County, Indiana--Signature Date Page 3 of '8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 .e e ,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. Signed: (Property Owner, Attorney, or Power of Attorney) Date (Please Print) STATE OF INDIANA SS: County of Before me the undersigned, a Notary Public (County in which notarization takes place) County, State of Indiana, personally appeared for (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of ,20 Notary Public--Signature (SEAL) Notary Public--Please Print My commission expires: Page 4 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 ';\.~ e e ,NOTICE OF PUBL:IC ,HEARING BEFORE THE CARMEL/CLAY ADVISORY :BOARD OF ZONING APPEALS Docket No. Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the day of , 20 at 6:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to: (explain your request--see question numbered seven (7)) property being known as The application is identified as Docket No. The real estate affected by said application is described as follows: (Insert Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. PETITIONERS ~ pu\?llL.- ~ ~l~ Page 5 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 1 e e 'PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS I (WE) DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of (County in which notarization takes place) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared for (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of ,200 Notary Public--Signature (SEAL) Notary Public--Please Print\ My commission expires: Page 6 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 e e CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: [)so~~, 5 V LOv'VYl e \ b () CS / R e \ lY\rve&~S r Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1 . 2. 3. DATED THIS 25~ DAY OF ~ YY\Qv~ ,20 oCC) Board Member Page 7 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 '"\" <:: e e Docket No.: ,CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA O~O ~C)OJ 5 V C{J(M-e} t:oCS / IfEl ln1f/5ftri~:J , Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: 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: 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: DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 0 503> DO I 5 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 28-f'h day of yY}aJY~ , 20 () D . 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). Page 8 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 Docket No. 05030015 V . Fidelity Plaza, Tower 3 The applicant seeks the following development standards variance approval: Docket No. 05030015 V Chapter 26.04.05 bufferyards The site is located at 11590 N Meridian and is zoned B-6/Business and S-2/Residence. Filed jointly by Carmel DOCS and REI Investments. 20-yr Thoroug hfare Plan en 1 "16TH Stre t Proposed roundabout location C.- \avro.'V\ CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 05030015 V Carmel DOCS / REI Investments Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS_VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The reduction in buffer yards along: 116th Street is essentially a trade-off for the City to gain additional road right ofway~ in order to widen the street and construct a roundabout. This improvement will benefit the community as a whole. The City also has a streetscape plan for 116th Street the may add to the aesthetics of the existing landscape buffer. 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 reduction in buffer yards along 116th Street is essentially a trade off for the City to gain additional road right of way~ in order to widen the street and construct a roundabout. This improvement will benefit the community as a whole. The City also has a streetscape plan for 116th Street the may add to the aesthetics of the existing landscape buffer. 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: The property will endure hardship in trying to comply with the buffer yard requirements because the City has used additional land for street improvements. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05030015 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 _28th_ day of _March , 20 05 . CHAIRPERSON, CarmeVClay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).