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Home My WebLink AboutApplication j ~ ~' e' ".'"-_.,;,'" :.:.1>.' .. ., CITY OF CARMEL/CLA Y TOWNSHIP HAMILTON COUNTY4t INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION USE VARIANCE FEE: $750.00 DATE RECEIVED: 1) Applicant: Anthony R. Buzzetti Address: 180 East Carmel Drive" Carmel.. IN 46032 2) Project Name: Dr. Anthony Buzzetti - Veterinary Hospital Phone: 844-0049 Engineer/Architect: Shawn Curran Phone: 773-9804 Attorney: James E. Shinaver" Nelson & Frankenberger Phone: 844-0106 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 (c) Other: Tenant 4) If Item 3)(c) is checked, please complete the following: Owner of the property involved: Murph Smurph Corporation Owner's address: 180 East Carmel Drive" Carmel.. IN 46032 Phone: 590-7237 c/o Dr. Anthony Buzzetti 5) Record of Ownership: Deed Book No./Instrument No. Parcel No. 16-10-31-00-00-034.000 Page: Purchase date: 6) Common address of the property involved: 1425 Rangeline Road" Cannel.. IN 46032 Legal description: See Exhibit "A" - Legal Description Tax Map Parcel No.: 16-10-31-00-00-034.000 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 which applies and/or creates the need for this appeal). See Exhibit "B" - Explanation of Request Page 1 of 8 - Use Variance Application e e 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). See Exhibit "B" - Explanation 9) 10) 11) 12) Present zoning of the property (give exact classification): B8 Present use of the property: Vacant commercial building Size of lot/parcel in question: + 1 acre Describe the proposed use of the property: Veterinary Hospital- see Exhibit B - Explanation 13) Is the property: Owner occupied Renter occupied Other Tenant 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 that Petitioner is aware of, to the best of his knowledge, information and belief 15) Has work for which this application is being filed already started? If answer is yes, give details: NO Building Permit Number: NA Builder: NA 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 tiled? Petitioner and/or owner and their successors" assigns and heirs. NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger 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. Page 2 of 8 - Use Variance Application It e 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. 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 assigned until all supporting 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 affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No. OWNER ADDRESS AUDITOR OF HAMILTON COUNTY, INDIANA Page 3 of8 - Use Variance Application e e OWNER AFFIDAVIT I hereby swear that I am the owner of Real Estate described in Exhibit "A" 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. By: (Please Print) STATE OF INDIANA SS: County of H a ffi \ \ .tm\ (County in which notarization takes place) forBa.~~ \+zm Before me the undersigned, a Notary Public County, State of Indiana, personally appeared (Notary Public's county of residence) , 2004. If f PO Public-Please Print My commission expires: ~ I '241 0 Cf Page 4 of 8 - Use Variance Application e e PETITIONER CONSENT The undersigned, Anthony R. Buzzetti, being the Petitioner of the real estate descnbed in a Use Variance Application (the "Petition"), hereby consents to and joins in the Petition, and appoints the law firm of Nelson & Frankenberger, P.C. and their attorneys, Shawn Curran of Curran Architecture, and the engineering firm of Roger Ward Engineering and their employees, to act for and on his behalf in all matters regarding the above Petition before the City of Carmel Board of Zoning Appeals, and its committees and agencies. Date: q/7/()i H:\Janet\Buzzetti\Petitioner Consent-Use Variance. doc It It CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. 4. 5. , 2004. DA TED THIS DA Y OF Board Member Page 7 of 8 - Use Variance Application e e CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Dr. Anthony Buzzetti - Veterinarian Hospital FINDINGS OF FACT - USE VARIANCE 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 located .adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent to the Real Estate, it is not permitted on the Real Estate. Consequently, the proposed use. is consistent with surrounding zoning. Further, the Petitioner will endure unnecessary hardship if the use variance is not granted because he will. not be able to operate a veterinarian hospital on the Real Estate and he will be denied an opportunity to construct upon the Real Estate a. new building which will be more compatible to the adjacent buildings along Range line Road and he will be denied an opportunity to continue to foster the redevelopment of sites located along Rangeline Road. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because located adjacent to the Real Estate and nearby the Real Estate are various parcels .which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a '. commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent to the Real Estate, it is not permitted on the Real Estate. Consequently, it appears that the proposed use is consistent with surrounding zoning. Further, the granting of this variance will promote public. health, safety, morals and general welfare of the community because the Petitioner proposes to construct upon the Real Estate a new building which will be more compatible to the adjacent buildings along Rangeline Road and which will continue to foster the redevelopment of sites located along Rangeline Road. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent .to the Real Estate, it is not permitted on the Real Estate. Consequently, it appears that the proposed use is consistent with surrounding zoning. Further, if the use variance is granted and the Real Estate is redeveloped, it should have a positive impact and effect on adjacent properties and their property values. 4. The need for the variance arises from a natural condition peculiar to the subject because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, while the proposed veterinarian hospital is permitted on sites nearby and adjacent to the Real Estate, it is not permitted on the Real Estate. How~ver, absent a use variance, the Petitioner will be denied the opportunity to operate a veterinarian hospital on the Real Estate and he will be denied an opportunity to continue to foster the redevelopment of sites located along Rangeline Road. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because located adjacent to the Real Estate and nearby the Real Estate are various parcels which are zoned B-1, B-2, or B-3, all of which would permit a veterinarian hospital with a commercial kennel. Thus, the proposed use appears to be consistent with permitted uses surrounding the Real Estate. Further, the Comprehensive Plan for this general area seems to suggest a designation of Low e e Intens'ity/Regional- Commercial Employment Area. Thus, the proposed use variance request IS compatible with the Comprehensive Plan. 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 , 2004. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page 8 of 8 - Use Variance Application .- ) , 09/02/2004 11: 57 8444111 e JEFFREY SLAUGHTER4It LANDMARK TITLE . ..' PAGE 07/14 t41 008/015 08102/2004 00:01 FAX 3175798801 OO~INOA~!ON SHEET SCHEDULB It. Cc~!tment Numba%~ ~0323-1eeO ~art of the Southwr:~st Q1Jart.er of Section 3l, TO'^'I1ship 18 North, Range 4- Eas ~ .in Cl r1Y Township, lian\il ton County I Indimna, more particularly descr~h~d as fallows: Beginning a t. ~ po 11j1 t of the Weet. 1 ine of t.he Sout:hwea t Quarte:r of SecticI1 31, Townah:.p 18 North, Range 4 East which i$ .2'5.00 feet North 01 aegrees 04 minucee 45 seconds west (aBsurned bearing) of t;he Sout.hweet cornnr thereof; thence North 01 degrees 04 minutes 45 se~cnds Wesc on and along the We9~ line of ~aid Southwest Quarter 210.00 Eee/I; thence North 89 degrees 50 minutes lS seconds East pari;'l...el with the SO\1tn line of said Southwe5tt Quarter 250. 00 feea~; t:hance South 01 degrees 04 minutes 45 secono.s Ea~t: paral..~l with the said West. line 210.00 feet; thence South SSJ degrees 50 minutes lS aeconds West parallel with said Sout1111ne 250.00 :~eet r.o the place of beginning. Togecher wit:h all (It. the Grantor' S X'igh'~, title and interest; in and to the non-exc-:us1va easement of ingress and egres; reserved t'or the ua9 of r..}le G:raI1tor in t.hat certain Warranty Deed dated September 20, 1973"e~ecu~ed by Landmark Oevelopmenc Company to Woodland Sho~p~a I l~n' Indiana pa.rtn8~ehip consisting of I _ S. Lazerov and F%"anC=~f~ ~ - Lazerov which deed was r~c:orded October 2, 1973 in Deed Recor~ ;:~g, pages 480-4Bl in the Office of the Recorder of Hamiltt~ County, Indiana. except:. ~ I . , Part of the .sOl.\l:hWl~!st:. Quart.er of' Sec~ion 31, Township 18 Norch I R&nge 4 East., Ham1:Cop County I Indiana/more part.icularly dsecr1bec1 as follo,.,e i A parcel of raal e~~ate 35 feet in width by~parallel lines, the ~enter line of which begins at 8 point on the West l1na or Parcel 1 as descrihed in deed to Woodland ShoppeB hereinabove identified, disl:a~1: 275 feet measured Nort:h 01 degree 04 minut.es ~5 seconds West frQm the Southwesc co~er ~hereof, tnence Sou~h 89 degrees SO minute$ 15 seconds Heac 3.30 feet to a pOint; thence ~Torth 01 der.,ree 04 minutee 4S eecondsW~r:gt 17..s0 teet along the West 'J,inQ:~ of said parcel l to the pOint: of beg.:LnninQ; t.hence South 89 deHreea 50 minut;.es 15 se~onds ~lest 250 feet to the cencer line of weacfield Boulevard, the same being the West line of said ~aX"tr'r Seotion. END OF SCHEDULE A ::,...,...."'EX.HIBIT::.;,. . Page 4a b'\ :0. D' , '.19" .; ,. .. -~., .;:. - . ...- .t:. '.... It e EXHIBIT "B" Explanation of Request The Applicant, Dr. Anthony R. Buzzetti, currently operates a veterinarian hospital in Carmel. Dr. Buzzetti desires to relocate his existing business from 180 East Carmel Drive, Carmel, Indiana 46032, to a site located at 1425 Rangeline Road, Carmel, Indiana 46032, which is legally described in what is attached hereto and incorporated herein as Exhibit "A" ("Real Estate"). In connection with the Use Variance application, Dr. Buzzetti has also filed a Development Plan Application and a ADLS Application. The. plans and drawings included with the applications set forth the manner in which Dr. Buzzetti desires to develop the site. The Real Estate is zoned B-8 Business, which does not specifically permit a veterinarian hospital. Thus, Dr. Buzzetti must seek a Use Variance to operate a veterinarian hospital on the Real Estate. Further, since the proposed use will operate seven (7) days a week and it includes 24 hour boarding of animals, the proposed building layout includes residential quarters on the second floor to accommodate staff who will stay overnight in the building to provide care and supervision for the animals. The following are a list of functions to be associated with the proposed veterinarian hospital facility: . Surgery . Wellnesscare (exams, vaccinations, etc.) . Laboratory evaluation of patients . Orthopedic rehab swimming pool . Intensive care unit . Consultation . Radiography . Endoscopy . Dental repair and cleaning . Pharmacy . Management offices . Merchandising . Professional grooming . Hospitalization . Overnight indoor boardinglkennel . Exercise area and sample collection . Commercial kennel The above list of functions associated with the facility are related to animal treatment and care. Finally, the redevelopment of the Real Estate will include demolishing the existing building and constructing a new building in its place. The new building includes building materials and architectural detail which will compliment the buildings adjacent to this site and which will continue to encourage the overall redevelopment along the Rangeline Road Corridor. H:\Janet\Buzzetti\Ex. B to Use Variance Application.doc Anthony Buzzettil Veterninary Hospital 188 Ci:i~L r.........~ 1425 S. ~UV 'Ra:~tl~' contact Jim Shinaver 844-0106 846-8782 fax ~.'rn~ ~ vvWlP wI ~