HomeMy WebLinkAboutPacket for BZA
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Fineberg Group LLC
Docket N umbers
05020040 UV
0502004 1 V
05020042 V
For the Board of Zoning Appeals Agenda
March 28, 2005 '
Filed By:
E. Davis Coots
Coots Henke & Wheeler
for the Fineberg Group LLC
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TABLE OF CONTENTS
1 .
Developmental Standards Variance - Application for Board of Zoning
Appeals Action
A. Aerial Photo Highlighting Subject Property
2.
Findings of Fact
3.
Explanation of Requested Variance / Appeal/Special Use
4.
Site / Landscape Plan
5.
Building Elevation with Signage Examples
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ILTON COUNTY. INDIANA
ATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO.
DATE RECEIVED:
1.
Applicant:
Address:
Fineberg Group LLC
1301 S. Rangeline Road. Cannel. 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.
Phone Number: (317) 844-4693
3. Applicant's Status: (Check the appropriate response)
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.
Legal Description: See attached.
Tax Map Parcel No.: 16-10-31-00-00-046.000
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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 ariancel 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 ariancel Appeal/Special Use: (If filing for a variance, complete
the attached fom 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.
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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 (TIllRTY) DAYS PRIOR TO PUBLIC HEARING DATE.
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 ate advisory only and that the
applicant should rely on appropriate supervision and zoning ordinance and/or the legal advice of
hislher 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\BZAAPP A. wpdl
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AFFIDA VIT
G- t:>.4-\I t 5> Co dl ) 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 ~=PPI&v b
E. Davis Coots
COOTS, HENKE & WHEELER, P.C.
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana,
personally appeared E. DA V~qQTS, Attomex r Applicant, and acknowledge the execution of
the foregoing instrument thi S day of . , 2005.
'0~
NotSly Public ~ · ature
(SEAL)
J t2.(\r'\t\4(; j ~~
Notary Public - Please Print
My Commission Expires:
Developmental Standards Variance
All Other:
Use Variance:
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Attachment
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 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 bv the ordinance. Section 19.4.2 in the B-8 zone classification requires a
25 foot setback from the right of way line along Carmel Drive and Rangeline Road. The ap,plicant
seeks to reduce the setback from 25 feet to 15 feet consistent with the Carmel Drive Rangeline Road
overlay zone adoption in order to permit pedestrian friendly use and to relocate parking to the rear
of the building.
Section 25.7.02-10 restricts elevation signage to one per tenant per elevation. By reason of
the building under the Carmel Drive Rangeline Road overlay zone having a second story. signage
for the second floor is requested along with a "blade" sign to be installed on the very corner of the
building on the second story level.
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 penpit the use of parking on both
sites.
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Part. of 'the Southwest Quarter of Section 31, Township
18 North; 'Rangs' 4 East. i~ Hamilton County, Indiana describea
'a~ follows:
. ...
" .
. SeqinDing ~t'a point on the Wes~ ii~~ of the SQ~thwest
Quarter Of Sec=tion 31r, ToWnship, 18 North,' _@anqe '4 East which
is 1513 ~ 00. feet. No.rth 01 degrees 04 minutes. 4S seconds ''lest '
{assumed bearing}. of the Sou~~es~ corne~ 'thereof; thence North
01 degrees. 04 min~es 45 ~econds West on and along~the'West Lin
of said SQuthwest ~uarte~ 239.85 feet to the'centerline of C~~
. Drive;' thence North 8.9 d~9.re.es 55 minutes 00- seconds East on an .
along said ~ent~rline 29P.OO.feeti thence 01 degrees 04 minutes
.seconds East parall~1. wi~h said West line 239.85 feet; thence.
. · South 89..degrees 55' minutes..OO s.econds"tiest 290.00 feet to the
plaae of begi~in9 co~taininq 1.60 'acres,' more or 1ess.
. .
S,~ject ~o th~,~ight-of-War o~ Carmei Drive' ~ff the entire
North sidEa, thereof and to the:. rJ.ght-ef-way of Range Line Road 0
the entire ~lest. si4e' the~eof. Subject also .'to . a: strip of 9ro~d
. .t 30 feet wide by paralle~ :lines reServed for utility purposes ~
~e centerlin~ pf which lies 55 feet West of and parallel with
~he East.line of the above described real estate..
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Southeast corner of Range Line Road and Carmel Drive
1301 South Range Line Road
north to top of page,
GIS map downloaded from Hamilton County Website 10/18/04
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CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
(Set Back Variance)
Petitioner: Fineberg Group LLC
FINDINGSOFFACT-DEVELOPMENTALSTANDARDSVAJUANCE
1. The approval of this variance will not be injurious to 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 street 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
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CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
(Second Story Signs)
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 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 adjacent 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 without 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
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CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: (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 subject 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 parking.
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
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Attachment
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 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 right of way line along Carmel Drive and Rangeline Road. The applicant
seeks to reduce the setback from 25 feet to 15 feet consistent with the Carmel Drive Rangeline Road
overlay zone adoption in order to permit pedestrian friendly use and to relocate parking to the rear
of the building.
Section 25. 7 .02-10 restricts elevation signage to one per tenant per elevation. By reason of
the building under the Carmel Drive Rangeline Road overlay zone having a second story. signage
for the second floor is requested along with a "blade" sign to be installed on the very corner of the
building on the second story level.
Section 27.5 requires varking 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 pe~it the use of parking on both
sites.
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