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HomeMy WebLinkAboutApplication e . Developmental Standards Variance CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY" INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCKET NO. DATE RECEIVED: 1. Applicant: Address: Fineberg Group LLC 1301 S. Rangeline Road~ Carmel" IN 46032 2. Project Name: Fineberg Group LLC Phone Number: (317) 844-3993 Engineer/Architect: Carson Design Group Phone Number: (317) 843-5979 Attorney: E. Davis Coots. Coots Henke & Wheeler, P.C. · ~ '55 e Ca./ Me [ D( Phone Number: (317) 844-4693 -f fJ..,y. u? 1 ~ - 5 ~ ~ $ 3. Applicant's Status: (Check the appropriate response) dcooi-cs@ c.nw\<<w. COyV\ xx (a) (b) (c) The applicant's name is on the deed to the property The applicant is the contract purchaser of the property Other: Offer to purchase contingent on special use approval 4. If Item 3 (c) is checked, please complete the following: Owner of the property involved: Owner's address: 5. Record of Ownership: Deed Book No. 200400045159 Page: Purchase Date: 6. Common address of the property involved: 1301 S. Rangeline Road" Carmel" IN 46032. \.lo ~L.. ~ Legal Description: See attached. Tax Map Parcel No.: 16-10-31-00-00-046.000 e . 7. Type of appeal: (check the appropriate response) _a) Request for a variance according to Section 30.4 Use Variance xx Developmental Standards Variance _b) Request for an appeal from the decision of the Director of the Department of Community Development, according to Section 30.1. _c) Request for a Special Use, according to Section 21.0. 8. State explanation of requested V ariance/ Appeal/Special use: (State what you want to do and cite the section number of the Zoning Ordinance which applies and/or creates the need for this appeal. See attached sheet. 9. State reasons supporting the V ariance/ Appeal/Special Use: (If filing for a variance, complete the attached form entitled "Findings of Fact - Variance"). As stated in the Findings of Fact and statement in support of the variances. 10. Present zoning of the property (give exact classification): B-8 11. Present use of the property: Commercial 12. Describe the proposed use of the property: 13. Is the property: Owner occupied xx Renter occupied Other not occupied - vacant 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. e . 15. Has work for which this application is being filed already started? If answer is yes, give details: No. Building Permit Number: Builder: 16. If proposed appeal is granted, when will the work commence? Immediately. 17. If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? The owner. 18. Type of notification (check the appropriate response): xx a) LEGAL NOTICE in the Noblesville Daily Ledger and Carmel News Tribune (attached publisher's affidavit). xx b) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (attach proof of mailing and return receipts). c) HAND DELIVERED to adjoining property owners (attach petitioner's affidavit of Notice of Public Hearing for hand - delivered notification). NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST BE DONE 30 (THIRTY) DAYS PRIOR TO PUBLIC HEARING DATEo The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Development. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate supervision and zoning ordinance and/or the legal advice of his/her attorney. I, , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No. See Attached List Auditor of Hamilton County, Indiana M:\Edc\FINEBERG\8601.009\BZAAPPA.wpd/ e . AFFIDA VIT b- D,ztlf t > Co eff ) I, being duly sworn depose and say 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. Sit D=PPI~b E. Davis Coots COOTS, HENKE & WHEELER, P.C. STATE OF INDIANA ) ) SS: COUNTY OF HAMIL TON ) Before me the undersigned, a Notary Public for Hamilt<?n County, State of Indiana, personally appeared E. DA V~Q.QTS, Attorney or Applicant, and acknowledge the execution of the foregoing instrument thi ~ day of , 20050 ~~ NO~ Public - · nature (SEAL) J~(lA4<F j ~lo~ Notary Public - Please Print My Commission Expires: Developmental Standards Variance All Other: Use Variance: e ../ . , .... ~r>/ ,.. . ' . ,". " ',. , . - . , . . , - Part. of -the Soui:h\.,es~ Quarter of Section 31. Township , 18 North; .Range' 4 East. in. Hamilton County, Indiana described 'a~ follows: . Seqinhing ~t'a point on the West line of the SQuthwest . Quarter of Seci:lon 3~, ToWnship. 18 North,' -:f.:ange4 East which is 1513 ~ 00. feet. NO.rth 01 degrees 04 minutes. 45 seconds 1iast {assumed bearing}. of the Sbu~~es~ corne~ 'thereof; thence North 01 degrees. 04 minu~es 45 ~econds West on and along-the'West 1in of said Southwest Quarte~ 239.85 feet to the' centerline of C~~ Drive; . thence North 8.9 d~.g.re.es 55 minu1:es 00- seconds East on an alohg said cent~rline 2~P.OO.feeti thence 01 degrees 04 minutes .seconds East parall~l. wi~h said West line 239.85 feet; thence. . -South a9..degrees 55' minute.s..OO s.econds'1iest 290.00 feet to the place of beginning containing 1.60'acres, more or less. Subject to th~'right-of-wa~ o~ Carmei Drive'qff the entire llorth 'sidea. thereof and to the:. r~ght-cif-way of Range Line Road 0 the entire West.si4e.thereof. Subject also.to'a:strip of 9ro~d . .- 30 feet wide by parallel "~ines reserved for utility purposes ~ the cent.erline pf '~hich .lies 5"5 fee.t ~iest of and parallel with the East.line 'of the above described real estate.. I e . CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: OS02,OD40 Y (Set Back Variance) Petitioner: Fineberg Group LLC FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious ~o the public health, safety, morals and general welfare of the community because: The reduced set back results from the adoption of the Carmel Drive Rangeline Road overlay zone that seeks to move buildings closer to the stree~ to encourage pedestrian use. 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 development will be commercial.. consistent with existing uses and in compliance with the overlay zone. 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 B-8 required set backs are contrary to the obiectives of the overlay zone. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that 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 , 2005. CHAIRMAN Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) #1028 REV. 7-89 e e CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: o S:O z06 41 (Second Story Signs) Petitioner: Fineberg Group LLC FINDINGS OF FACT-DEVELOPMENTAL STANDARDS VARlANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The Carmel Drive Rangeline Road overlay zone requires two story structures. To interest tenants in the space" identification signs are required. 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 signage will not have a negative impact on adiacent property and is in compliance with the overlay zone. 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: Tenants will not lease space for commercial/retail witho.ut identification signage. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that 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 , 2005. CHAIRMAN Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) #1028 REV. 7-89 . e CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 6~ 02004 Z-- (Reduced On Site Parking) Petitioner: Fineberg Group LLC FINDINGS OF FACT - DEVELOPMENTAL 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 overlay zone requires 2 story buildings which increases the need for parking. By the cross parking easement" the applicant will have sufficient parking for the site. 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 only property affected to the south is owned by the applicant. A cross parking agreement will efficiently utilize the subiect site and the site to the south (Carmel Walk). 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: To achieve the goals of the Carmel Drive Rangeline Road overlay zone" a two story building is required that increases the need for parkin~. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that 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 , 2005. CHAIRMAN Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) #1028 REV. 7-89 . e Attachment 8. State explanation of requested Variance/Appeal/Special use: (State what you want to do and cite the section number of the Zoning Ordinance which app~ies and/or creates the need for this appeals. The applicant seeks 3 variances reducing the set back along Carmel Drive and Rangeline Road" permitting signs on the second floor of the proposed building and reducing the required parking spaces required by the ordinance. Section 19.4.2 in the B-8 zone classification requires a 25 foot setback from the ri ht ofwa line alon Carmel Drive and Ran eline Road. The a licant seeks to reduce the setback fro 25 feet to 15 et consistent with the Carmel Drive Ran eline Road overlay zone adoption in order to permI pe estrian friendly use and to relocate parking to the rear of the building. Section 27.5 requires parking for a commercial development at the rate of 1 per 300 square feet plus restaurant seating totaling 100 requires spaces for the proposed construction. The applicant proposes 76 parking spaces: however" has entered the attached cross parking agreement with the property owned by the applicant to the south (Carmel Walk) to permit the use of parking on both sites.