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Home My WebLink AboutApplication Donahue-Woid, Alexia K From: Donahue=Wold, Alexia'K Sent: Monday; September:10,'2012 5'26 PM To Barnes David R; Blanchard Jim E; Boone, Rachel M;;Conn,Angelina V; Donahue-Wold, Alexia K;=Duncan;,Gary R; Foley,-Amanda J; Hancock, Ramona:B;',Hollibaugh,,Mike P; 'John Molitor; Keeling, Adrienne M; Littlejohn David W; Lux, PamelaK; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas''F Redden, Nick; Stewart, Lisa M; Thomas, John G;. Tingley, Connie S Cc:- 'kcyr @cripe.biz'; 'Sherri Wilson' Subject: Docket No.Assignment: (V) Mike's Carwash, Greenbelt Reduction(12090005V) have issued the necessary Docket Number for'(V) Mike'sCarwash, Greenbelt Reduction. It is the following: (V) Mike's Carwash; Greenbelt Reduction The applicant Seeks;:the following development standards variance approval: DocketNo.d12090005 V to CH 23C.08.02.A 30 foot Greenbelt(6 feet requested) The:site is:located at10580 North Michigan Road. The site is zoned 1-1/Industrial within the Michigan Road Corridor Overlay Zone. FiledI y Kyle Cyrbf Cripe on behalf of Mike's Carwash, Inc. Kyle can be.contactedeat(317),706-6326 or kcyr@cripe.biz Filing Fees:: Variance:Hearing:Officer fee: $+.617.50 Total Fee: $ 617.50 Filing Dates& Deadlines. Petitioner,please note the,following: 1. This-item does not need to,be on a meeting agenda of the Technical Advisory Committee. 2. Mailed and Published Public;Notice needs:to occur no later than September 14. Published notice is required within the'Indianapolis Star. Note: in addition.tolcertified mailings to neighbors and public notice:ad,the placement of a public hearing sign on the property is,also required by the BZA Rules of'Procedure,Article VI, Section 6(see application). Make"sure the public notice-meeting time to the newspaper and neighbors reads 5:30 PM and the location reads City Hall Caucus Roomst_,It;is suggested to,send the notice to the Indianapolis Star newspaper by Noon,two days prior to the printing deadline (317-444-7163 or email:publicnotices @indystar.com). 3. TheEiling,Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON: Friday,September 14, 2012. Failure to submit Informational Packets by this time will result in the automatic tabling of tPie petition. 4. The.Proof of Public'Notice'(newspaperaffidavit, green cards, etc:);will need to be received by this Department no later than noon, Wednesday,September 19, 2012. Failure to submit:Proof of Notice by this time will result in the tabling of the,petition. 5: This Item will appear on the'Monday,September 24,2012,agenda of the Board of Zoning Appeals Hearing Officer Meeting under Public Hearings. 6. The petitioner will need to provide,a fully filled-out Findings-of-Fact night of the meeting for the Hearing Officer's use (Page 10). On Ballot sheets, only fill out docket number, petitioner, and date (Page 9). 7:. Either the Pletitioner or someone representing the'Petitioner mu"st'be present at the meeting for the item to be heard. If no one appears, it"will betabled. 8. Please refer` to your instruction Sheet'for more details. Planning Department's Preliminary Review Comments: petitioner please respond to the following: 1 1. Make;sure the public notice,m ingtime•to the newspaper and neighbors ds:5:30 PM. It is suggested to send the notice�to.the Indianapolis up-newspaper by Noon, two days prior to tllerinting deadline (317-444-7163 or email:.publicnotices(a)i ndvsta r.dom). 2. 'Please make checks payable to the City of Carmel. 3. Please provide the Affidavit from the owner (page 6 of the application.) 4. 'Please provide filled out and notarized Placement of Public Notice:Sign affidavit. 5. Provide the,filled out Petitioners Affidavit of Notice of Public Hearing form. 6. Provide tliefilled out Notice of the Public Heoring.before the BZA form. 7. Please provide proof of notice from the lndy Star,once you receive it 8. Please provide green signed•return.receipts;from the certified mailings once you receive them. 9. Based•on the approved landscape plan and a recent site visit, it seems 4 honey locust on the SE corner of the property have been removed and that one ornamental tree along the.south edge of the building is dead. These need to be re-planted. Thank you, Alexia Donahue Wold • Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold@carmel.in.gov RA Please consider the environment before printing this e-mail • 2 • CITY OF CARMEL-,BOARD OF ZONING:APPEALS APPLICATION FORtDEVELOPMENT STANDARDS VARIANCE FEES:, Single Family (Primary Residence).$297'for3he.first variance,.plus',$91.50:for each additional section of the ordinance being varied'. All Other$1,177 for the first vanance; plus $556 for each additional section of the ordinance being varied. Or; see Hearing,Officer Option &Fees. DOCKET NO. vdocioOOS V DATE'RECEIVED; -1/ 9 / Ia 1) Applicant: Mike's Carwash-Inc. Address: 10251 Hague Road„Indianapolis, IN 46256 2) Project Name: Mike's Carwash#35 Phone- , Engineer/Architect: Cripe Architects •Engineers Phone: 317-844-6777 Attorney n/a Phone:. Contact Person: 'Kyle Cyr,.PE Phone: 317-706-6326 Elmail: kcyr @cripebiz 3) Applicant's Status: (Check the appropriate;response) Ix (a)The applicant's'name is on the deed-to the property (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: Owners address: . Phone: 5) Record of Ownership: D'eed'Book No. Instrument No ;2007-60995 Page; Purchaser date:,. 10/16/07 6) Common address of the property involved; 10580 North Michigan Road Legal description: Weston Park:Lot 2, Section 7,Twp 17; Range3 1.07 deeded acres Tax.Map.Parcel No.: 17-13-07-00-18-002.000 7) State explanation'of requested'Development Standards Variance: (State whatyou 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). Section 23C,08.02.A reduction of front yard'Greenbelt. We are requesting an additional seven(7)feet encroachment Into the.Greenbelt due:to the-need fora wider.turning;radius for the safety of the patrons of the carwash.A previous 'variance for the reduction of the,frontyard Greenbelt was approved, 07110006V on January 29,2008. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question • sheet,entitled "Findings of Fact-Development Standards Variance'). Due to,the tight turning radius several patrons have been involvedin accidents.during the 2+;years since--:thecarwash,was constructed. 9) Present zoning classification of the-;property 1,;US'421 Overlay 10) Size of lot/parcel in question: 1.07 acres 1-1) Present use of the property: Commercial Carwash 12) Describe the proposed use of the property: Commercial Carwash 13) Isi 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, instrument no:, decision'rendered and pertinent explanation.; Docket No 07090014 approved by Plan Commission 2/8/2008;1 Decket.Nos.,07110006V?through'07.110012V,approved 1/29/08 by BZA. . 15) Has work for which this application_is being filed alrea_dystarted2 If answer is yes, give details: No Building'Permit Number: Builder: 16) If:proposed appeal'is granted, when will.the work commence? September 2012 or as soon:as,all.the appropriate:permits'have'been,obtained. 17) If the proposed variance is granted, who will operate and/or use-the proposed improvement for which this application;has been filed? Mike's-Carwash and it's patrons. NOTEft LEGAL,NOTICE:shall be,published in,the Indianapolis Stara;MANDATORY twenty-five(25)days prior to the public:hearing date. The•cettified"Proofrof Publication”affidaiit for the;newspaper must-be available for inspection the night of the hearing. LEGAL.NOTICE toall!adjoining and abutting propertyowners is also MANDATORY, two methods of notice are recommended: 1)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.priorto 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. Theapplioant understands that:doc - :numbers will hotibe.assigned:until all'supportinq'information has been submitted to the Depa a/',r o m/u' v'Services. 1� k � Applicant Signature: 1�kr tidita(d4, Date: v/ o/ J . )042 Theapplicantcertifies by signing this -pplication.thathe/she has beenadvised,that all representations of the Department of Community'Servicesiare advisory only.and:that the-applicant"should rely on appropnate'subdivision and zoning ordinance and/or the legal advice of his/her attorney. • • CARM_ EL/CLAY ADVISORY BOARD OF-ZONING APPEALS BALLOT-SHEET: FINDINGS OF FACT.DEVELOPMENT'STANDARDS,VARIANCE Carmel, Indiana Docket No.: Petitioner: Mikes Carwash Inc.. 1_ Section 23C,08.02A:reduction of front'yard Greenbelt. We"are requesting an additional-seven (7)feet encroachment into the Greenbelt due to the need for a wider turning.radius for the safety of the patrons of the carwash.A previous variance for the reduction of the front yard Greenbelt.was'approved January 29,2008,.07110006V:. 2. 3. • ( DATED THIS DAY OF , 20 Board Member cs0 112 PM 44 ^ tECENED an SEP 4 2012 t040 htic/ Wtl 7A.‘N 0 rn Page 9 - filename development standards variance 2012.doc rev 12/282011 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS: FINDINGS OF FACT - DEVELOPMENT`STANDARDS VARIANCE Docket No.: Petitioner: Mikes Carwash Inc, 1. the approval of this variance will not be injurious to the public health, safety, morals and general welfare of the cI mmunity'because: the variance will.make the.turning. radius safer-for the patrons of the carwash,by extending into the Greenbelt an 'additional 7 feet. 2. The use'and value of the area:adjacent to the:property included in the variance will not be affected in a substantially adverse'mannerbecause: } While the'expansion.being requested is unprecedented,rthe:additionalseven foot encroachment into the 30 foot Greenbelt will provide a saferarea for the patrons-and will provide additional plantingsto'the area providing screening from US 421. 3. -Tie strict application of;the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: 1 To comply strictly with the'Zoning,Ordinance would create an unsafe.area,for:patrons,-The parcel is compact and the turning radius needs to be expanded fromt,it's current placement at 20 feet encroachment into the Greenbelt to a total of -27 feet encroachment to provideasafe turning-radius:for the-patrons of the carwash. • DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning:Appeals-that Development Standards Variance Docket No. is granted,subject to any conditions stated in the minutes of this Board, which-ate incorporated herein by reference and made-a`parthereof: 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 back. Petitioner or representative to sign. Page 10 - filename:development standards variance 2012/Joe rev'12282011 Statement of Variance Mike's Carwash, Inc. respectfully requests a variance from the Development Standards of the City of Carmel Zoning Ordinance,:Section 23C, 08.02.A Reduction of front yard Greenbelt. Mike's is requesting an additional seven (7) foot encroachment into the Greenbelt due td the need for a wider turning radius for patron's access into the carwash tunnel. This request is to provide a safer entry into the tunnel for all patrons. A previous variance for the reduction of the front yard Greenbelt was approved on January 29, 2008, 07110006V. • • i Statement of Support Due to the tight turning radius several patrons have been involved in accidents during the 2+years since the carwash was constructed. The requested variance will make the turning radius safer for the patrons of the carwash.by extending into the Greenbelt an additional seven (7) feet. While the expansion being requested is unprecedented,the additional.seven (7) foot encroachment into the 30 foot Greenbelt,will provide a safer area for the patrons and will provide additional plantings to the area providing screening'from US 421. The parcel is compact and the turning radius needs to be expanded`from its current placement at 20 feet encroachment into the Greenbelt to a'total of 27 feet into the Greenbelt to provide a safer turning radius for the patrons of the carwash. • • 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. 1 2 3 4 'S 4\ Signed: ///�® ILfiL�fiY� `� �°! °`°►" Q� 4 19� (Prop- ty Owner, attorney, or Power of At orney) Date Q p�CEN� ''s Sighed: - 5EPlSal S'� ;v tote:19,9 K ibnivor e 1s " 47 (Please Print) '9 S •STAt, O INDIANA SS: County of # -in. tt Hnn Before me the undersigned, a Notary Public 1 (County in which notarization takes place) for Marl un County, State of Indiana, personally appeared (Notary Public's county of residence) �) Ili Si I III Qtyyt n and acknowledge the=ezecution of the foregoing instrument this (PropertyUDwner, Attorney, or Power of hey) 1 / i ° I day o�� 20 t EFar � - 131c a Ay : 6. j _ n 'u5#: . Not-417 Pub lic- Sig i ure . Qv( �)': .T, CAo- z° r r� ,-S�c . :Nola Public-.-Please Print „�. My commission expires: Page 6 - filename',development standards essence 2012 doc rev.12282011 Confirmation'Code: Adjoiner_rad6 11 • ADJOINER (NO'T'IFICATION LIST) REQUEST DATE: 8/23/2012 at.9:45a 7 AM NAME OF PROPERTY OWNER: Mikes Carwash LLC NAME OF PETITIONER: Cripe Architects and Engineers LEGAL DESCRIPTION OR PARCEL NUMBER OF PROPERTY: 17-13-07-00-18-002.000 ZONING AUTHORITY APPLYING TO:. Carmel BZA SIGNATURE OF APPLICATION: Sherri Wilson NAME AND PHONE NUMBER OF PERSON TO CONTACT: Sherri?Wilson ( 317) 706 - 6419 ORDER TAKEN BY: (For Office lise'Oni)) *NOTE* ;- DUE TO VOLUME AND TURN AROUND, ORDERS'TAKE'3-5 BUSINESS DAYS FOR PROCESSING. TRANSFER AND MAPPING WILL APPROPRIATELY NOTIFY THE CONTACT WHEN THEIR ORDER IS READY TO BE PICKED UP. HAMILTON COUNTY A°UDG• • I-,.,DAWN COVERDALE,AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY'OFFICEHAS,'SEARCHED OUR RECORDS AND BASED ON THAT SEARCH,IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE ALL.OF THE ADJOINING ANDABUTTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS SUBJECT PROPERTY: THIS DOCUMENT DOES'NOTCERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS.ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY.PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS'OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. DAWN COVERDALE,HAMILTON COUNTY AUDITOR DATED: �"°""�""✓ 1 4 ' f y/Z0/2- Pursuant to the,,provisions of Indiana code 5-14-3-3-(e),_ no person other than those authorized. by the county..may reproduce,.. grant access, deliver, or sell any information obtained from any department or office of the county to any other person, partnership, or corporation, In addition, any person who receives information from the county shall not be permitted to use any mailing lists, addresses, or data bases .Tor the purpose` of selling, advertising, or soliciting the ..purchase of merchandise, goods, services, or to sell, loan, gTve.way, or ot_herwise,deiiver the information obtained by the request to any other person:. Friday,August 20,2012 Page 1 o11 HAMILTON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTY AUDIT ORS OFFICE,DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 17-13-07-00-18.-002.000 Subject Mikes No 35 LLC 10251 HagueRd, Indianapolis IN 46256 17-13-07-00-12-001.000 Neighbor • Glendale.Partners West Carmel.Outlots LLC 300 Wilmont Rd Deerfield IL 60015 17-13-07-00-12-001.002 Neighbor Trident Foods LTD 1328 Dublin Rd Ste 300 Columbus OH 43215 17-13-07-00-18-001.000 Neighbor National Bank of Indianapolis 107 Pennsylvania St N Ste 700 Indianapolis IN 46204 17.13.07.00.18-003.000 Neighbor ACV Livermore:LLC P 0 Box 52427 Atlanta GA 30355 Friday,August 24,2012 Page 1 of 2 • 17-13-07-00-18-005.000 'Neighbor L A Fitness'International LLC 2600;Michelson;Di'Ste 300 Irvine ' CA 92612 17.13-07-00-27.002.000 Neighbor L A Fitness International LLC 2600;Michelson Dr Irvine CA - 92612 17-13-07-00.27-003.000 Neighbor Realty Ie ncome Properties 1 LLC PO BOX 460069 Escondido. CA 92046 • Friday,August 24,2012 Page 2 of 2 of a • L_______ Ol 1 o,0 N O O N O O O O p / O \ O moo / Ci f I gI --------------; . ( i),D ,§ N O O . N O C - i O °o 7I 0 • 0 . N 0 _ o D O N Y O ' o M Q O O O O� O o °0 00A,00, 66 v N 0 N ■ V N N CO O 0� N 1 d G m O O ■ a N 0 O� U CARMEL/CLAYADVISORY BOARD;OF ZONING APPEALS FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE Docket No:: , 12090005'V • Petitioner: Mikes.Carwashlnc. 1. The approval r al of this variance will.not be injurious tathe`public health, safety, morals and general welfare of the T the variance will make the turning radius safer.for the patrons of the carwash by extending into the Greenbelt an additional 7 feet. 2. The use and value of,the area adjacent to the property.included in the[variance will not be affected in asubstartially adverse manner'because: While the expansion being requested is unprecedented;the additional seven foot encroachment into the 30 foot Greenbelt williprovide a safer-areaifor the patrons and,will.provide additional plantings to the area providing screening from US 421. 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.comply strictly-with the Zoning Ordinance would:create an unsafe area for patrons The parcel is compact and the turningradius needs tote expanded'from•it's current.placement at 20,feet encroachment the Greenbelt to a total of 27'.feetencroachmentto:provide a-safe timing radius for the patrons of the carwash. DECISION: IT IS'THEREFORE,the decision of•the,Carmel/Clay Board Of Zoning Appeals that Development Standards Variance Docket No. 12090005 V is,granted, subject to any conditions,stated in the minutes of this Board, which are incorporated herein by referenceiand made a part hereof. Adopted his 24th, day of September , 20 12 CHAIRPE ON Carmel/Clay rd of Zoning Appeals SECRETARY, Carmel/Clay°Board of Zoning-Appeals Conditions of the Board are listed on back. Petitioner or representative to sign: Page 10 filename i development standards'variance 2012doc rev.12282011 • CARMEUCLAY ADVISORY'BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS,OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel„Indiana Docket No.:. 12090005 V Petitioner Mikes Carwash Inc. 1. 2. 3. .DATED THIS 24th DAY OF September 20 12 i , V Board ember Page 9- filename:development standards variance 2012.doc rev:12282011'