HomeMy WebLinkAboutApplicationDonahue -Wold, Alexia K
From: Donahue -Wold, Alexia K
Sent: Tuesday, February 19, 2013 1:18 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, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Redden, Nick; Stewart, Lisa M; Thomas, John G;
Tingley, Connie S; Worthley, Matthew D
Cc: 'Paul G. Reis'; 'Larry Heid'
Subject: Docket No. Assignment: (V) Tom Wood Subaru Rebuild (#13020007-15 V)
I have issued the necessary Docket Numbers for (V) Tom Wood Subaru Rebuild. They are the following:
(V) Tom Wood Subaru Rebuild. The applicant seeks the following development standards variance approvals for
a new Subaru dealership building.
Docket No. 13020007 V ZO Ch. 26.04.07 Side yard buffer requirements, eliminate
Docket No. 13020008 V ZO Ch. 26.04.07 Front and Rear yard buffer requirements, reduce width
Docket No. 13020009 V ZO Ch. 26.04.07 Min. number of bufferyard plants, reduce plantings
Docket No. 13020010 V ZO Ch. 25.01.02.B.9 Lighting, no greater than 0.3 Foot - candles at lot line
Docket No. 13020011 V ZO Ch. 25.07.02- 03.B.1 One sign per street frontage, 5 requested
Docket No. 13020012 V ZO Ch. 25.07.02- 03.B.3 No more than 2 signs facing a street, 5 requested
Docket No. 13020013 V ZO Ch. 14.04.09 80% max. lot coverage
Docket No. 13020014 V ZO Ch. 27.08 Amount of Parking spaces required
Docket No. 13020015 V ZO Ch. 2.09 10 foot side path required per Transportation Plan
The site is located at 3300 East 96th Street. It is zoned B -3 /Business. Filed by Paul Reis with Krieg DeVault on
behalf of Wood Subaru RE, LLC.
Paul can be contacted at 317 - 238 -6293 or at preis(kdlegal.com
Filing Fees: Development Standards Variance:
1st Variance = $1,197.00
Each additional = $565 *8 = $4,520
Total Fees: $5,717.00
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 February 28, 2013. Published notice is
required within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior
to the public notice deadline, in order for them to publish it on time (765- 365 -2316 or
Iegals@thetimes24- 7.com). Note: 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 6 PM and the location reads City Hall Council Chambers.
3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than NOON, Friday, March 15, 2013. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition.
4. The Proof of Notice will need to be received by this Department no later than noon, Friday, March 22, 2013.
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, March 25, 2013 agenda of the Board of Zoning Appeals Regular
Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the
meeting for the Board's use (Sheet 10 of the application). On Ballot sheets, only fill out docket number,
petitioner, and date (Sheet 9). Ballot sheets must be collated.
7. Either the Petitioner or someone representing the Petitioner must be present at the meetings for the item to be
heard. If no one appears, it will be tabled.
1
Please refer to your instruction sheet for more detail.
Department's Review Comments: petitioner. please complete the following:
1. Please provide the owner Affidavit (page 6 of the application.)
2. Please make checks payable to the City of Carmel.
3. Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office
as well as a list from the Marion County Auditor for the properties located in Indianapolis.
4. Please provide filled out and notarized placement of public notice sign affidavit.
5. Please provide proof of notice from the Noblesville Times.
6. Provide the green signed return receipts from the certified mailings once you receive them.
7. What is the greatest amount the lighting will exceed the ordinance at the property lines?
8. What percentage of the lot are you proposing to cover?
9. In conjunction with the variance for lot coverage, the Department would like the petitioner to consider
installing a green roof.
10. The Department cannot at this time support the variance for the side path.
11. Additional review comments may be issued from the Planning /Zoning Department.
Thank you,
Alexia Donahue -Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awold@ carmel.in.gov
APlease consider the environment before printing this e-mail
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CITY OF CARMEL - BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of
the ordinance being varied. All Other $1,197 for the first variance, plus $565 for each additional section of
the ordinance being varied. Or, see Hearing Officer Option & Fees.
DOCKET NO. 13b).006) --.I5 V DATE RECEIVED:
1) Applicant: Wood Subaru RE, LLC
Address: 3300 East 96th Street, Suite 201, Indianapolis, IN 46280
2) Project Name: new Subaru dealership building
Engineer /Architect: Roger Ward, Roger Ward Engineering, Phone: 317 - 251 -1738
Attorney: Paul Reis, Krieg DeVault, LLP, Phone: 317 - 238 -6293
Contact Person: Paul Reis, Attorney and Larry Heid, Phone: 317 - 574 -2344; Fx: 317 - 574 -9895
Email: preis(c�kdlegal.com and Iheidtomwood.com
3) Applicants Status: (Check the appropriate response)
X (a) The applicant's name is on the deed to the property
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: N/A
Owner's address: Phone:
5) Record of Ownership:
Instrument No.: 2012 -42508 and 2012 -42505
Purchase date: 07/26/2012 (both)
6) Common address of the property involved: 3300 East 96th Street, Indianapolis, IN 46280
Legal description: See Attached Sheet
Tax Map Parcel Nos.: 16- 14- 07- 04 -08- 002.003 and 16- 14- 07- 04 -08- 006.000
7) State explanation of requested Development Standards Variances: (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).
SEE ATTACHED SHEET
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact - Development Standards Variance ").
Wood Subaru RE, LLC, is redeveloping property at 3300 East 96th Street in order to relocate its
Subaru dealership one lot to the east from its current and adjacent location. The new structure is
larger than the existing dealership structure and larger than the existing structure on the
redevelopment site. The redevelopment site is an of- record lot that presents a number of
development challenges for which the variances are needed. Because this is a redevelopment of
an existing site, the strict application of the Zoning Ordinance will result in practical difficulties in the
desired use of the property and effectively preclude the proposed redevelopment of the site into an
efficient and modern automobile sales and service facility.
9) Present zoning classification of the property: B -3 Business
10) Size of lots /parcels in question: 2.08 acres combined
11) Present use of the property: automobile sales and service
12) Describe the proposed use of the property: No change
13) Is 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. None known
15) Has work for which this application is being filed already started? No If answer is yes, give details:
Building Permit Number: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence? Immediately upon obtaining ADLS
approvals.
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
The applicant/owner.
The applicant understands that docket numbers will not be assigned until all supporting information has
been submitted to the Department of Community Services.
Applicant Signature:
Wood Subaru RE, LLC
By: G Date: g tuvuoy ?Old'
Pa I G. is, Attor ey for Applicants
The applicant certifies y 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.
KD_4856327_1. DOCX
• •
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
Wood Subaru RE, LLC
LEGAL DESCRIPTION OF PROPERTY
Part of the Southeast Quarter of Section 7, Township 17 North, Range 4 East, 2nd P.M., Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 7, Township 17 North, Range 4 East,
2nd P.M., Clay Township, Hamilton County, Indiana; thence North 89 degrees 57 minutes 00 seconds West
(assumed bearing) 372.95 feet on the South line of said Southeast Quarter to the Southeast corner of the real
estate described in Deed Book 362, page 828 in the Office of the Recorder of Hamilton County, Indiana; thence
North 00 degrees 04 minutes 29 seconds East 415.00 feet on the East line of the real estate described in said
Deed Book 362, page 828 to the Northwest corner of the real estate described in Deed Book 333, page 475 in
said Recorder's Office, said corner being the POINT OF BEGINNING of the tract described herein; thence
continuing North 00 degrees 04 minutes 29 seconds East 64.74 feet on the East line of the real estate described
in said Deed Book 362, page 828 to the intersection with a chain link fence; thence South 89 degrees 11
minutes 26 seconds East 209.63 feet on said fence to the West line of the real estate described in Instrument
#9627921 in said Recorder's Office; thence South 00 degrees 04 minutes 29 seconds West 61.96 feet on the
West line of the real estate described in said Instrument #9627921 to the Northeast corner of the real estate
described in said Deed Book 333, page 475; thence North 89 degrees 57 minutes 00 seconds West 209.62 feet
on the North line of the real estate described in said Deed Book 333, page 475 to the POINT OF BEGINNING,
containing 13,279 square feet (0.305 acre), more or Tess.
(Parcel, #16- 14- 07- 04 -08- 002.003)
ALSO
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East In Clay Township,
Hamilton County. Indiana, described as follows:
Beginning on the South line of the Southeast Quarter of Section 7, Township 17 North, Range 4 East, 162.33
feet North 89 degrees 57 minutes 00 seconds West (assumed bearing) from the Southeast corner of said
Southeast Quarter; thence North 89 degrees 57 minutes 00 seconds West on said South line 210.62 feet;
thence North 00 degrees 05 minutes 30 seconds East parallel with the East line of said Southeast Quarter
415.00 feet; thence South 89 degrees 57 minutes 00 seconds East parallel with said South line 210.62; thence
South 00 degrees 05 minutes 30 seconds West parallel with said East line 415.00 feet to the place of beginning.
Together with a non - exclusive easement for ingress and egress as established by Declaration of Reciprocal
Easement, recorded April 12, 1983 in Easement Record 1, page 137 and described as follows:
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Clay Township,
Hamilton County, Indiana, described as follows:
Beginning on the South line of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4
East 1,144.59 feet South 89 degrees 57 minutes 00 second East (assumed bearing) from the Southwest corner
of said East Half; thence North 00 degrees 05 minutes 30 seconds East parallel with the East line of said
Southeast Quarter 95.00; thence South 89 degrees 57 minutes 00 seconds East parallel with said South line
•
15.00 feet; thence South 00 degrees 05 minutes 30 seconds West parallel with said East line 95.00 feet to said
South line; thence North 89 degrees 57 minutes 00 seconds West on said South Tine 15.00 feet to the place of
beginning.
AND
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the East Half of the Southeast Quarter of Section 7, Township 17
North, Range 4 East; thence South 89 degrees 57 minutes 00 seconds East (assumed bearing) on the South line
of said Southeast Quarter 1,159.99 feet; thence North 00 degrees 05 minutes 30 seconds East parallel with the
East line of said Southeast Quarter 95.00 feet to the place of beginning of the real estate herein described;
thence North 00 degrees 05 minutes 30 seconds East parallel with said East line 320.00 feet; thence North 89
degrees 57 minutes 00 seconds West parallel with said South line 10.00 feet; thence South 00 degrees 05
minutes 30 seconds West parallel with said East line 320.00 feet; thence South 89 degrees 57 minutes 00
seconds East parallel with said South line 10.00 feet to the place of beginning.
AND
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Clay Township,
Hamilton County, Indiana, described as follows:
Beginning on the South line of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4
East 1,159.59 feet South 89 degrees 57 minutes 00 seconds East (assumed bearing) from the Southwest corner
of said East Half; thence North 00 degrees 05 minutes 30 seconds East parallel with said East line of said
Southeast Quarter 95.00 feet; thence South 89 degrees 57 minutes 00 seconds East with said South line 35.00
feet; thence South 00 degrees 05 minutes 30 seconds West parallel with said East line 95.00 feet to said South
line; thence North 89 degrees 57 minutes 00 seconds West on said South line 35.00 feet to the place of
beginning.
AND
Part of the East Half of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the East Half of the Southeast Quarter of Section 7, Township 17
North, Range 4 East; thence South 89 degrees 57 minutes 00 seconds East (assumed bearing) on the South line
of said Southeast Quarter 1,159.99 feet; thence North 00 degrees 05 minutes 30 seconds East parallel with the
East line of said Southeast Quarter 95.00 feet to the place of beginning of the real estate herein described;
thence North 00 degrees 05 minutes 30 seconds East parallel with said East line 340.00 feet; thence South 89
degrees 57 minutes 00 seconds East parallel with said South line 10.00 feet; thence South 00 degrees 05
minutes 30 seconds West parallel with said East line 340.00 feet; thence North 89 degrees 57 minutes 00
seconds West parallel with said South line 10.00 feet to the place of beginning.
(Pa rcel, #16-14-07-04-08-006.000)
KD_4856327_1. DOCX
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
Wood Subaru RE, LLC
EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES
1. Zoning Ordinance Chapter 26, Section 26.04.07:
Elimination of bufferyard on east and west property lines
Reduction in trees and shrubs in bufferyard on south property line
Reduction in width of bufferyard on south property line
Reduction in width of bufferyard on north property line
Variances from the requirements:
- to eliminate a 5 foot landscape buffer on the east and west property lines of the site
- to reduce the number of trees and eliminate the shrubs required in the landscape buffer
required adjacent to the right of way of 96th Street
- to reduce the width of bufferyard on south property line consistent with reduced plantings
- to reduce the width of buferyard on north property line to accommodate adequate parking
and vehicle operations
2. Zoning Ordinance Chapter 25, Section 25.01.02, Lighting 13� ='r 2. io %
Variance to increase foot - candles at property lines, all sides
3. Zoning Ordinance Chapter 25, Section 25.07.02 -03, Signs 130,-
Variances to allow
five (5) signs
- more than two (2) signs to face a street frontage
4. Zoning Ordinance Chapter 14, Section 14.04.09, Maximum Lot Coverage I3c,Q00.3
Variance to allow greater than 80% lot coverage
5. Zoning Ordinance Chapter 27, Section 27.08, Parking )30':2.00 V-1! NJ
Variance to reduce the required number of parking spaces
6. Zoning Ordinance Chapter 2, Section 2.09, Side Path I .$0::10,1.) 1r
Variance from the requirement to comply with the Transportation Plan which requires the
installation of a 10 foot path with an 8 foot separation from 96th Street
KD_4856327_1.DOCX
• •
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru — Landscape Development Standards
Section 26.04.07: Elimination of bufferyard on east and west property lines
Reduction in trees and shrubs in bufferyard on south property line
Reduction in width of bufferyard on south property line
Reduction in width of bufferyard on north property line
Petitioner: Wood Subaru RE, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
(a) the adjacent properties on the north, east and west of the site are being used for similar
automobile sales and service operations; and (b) the site abuts 96th Street to the south
which is a heavily travelled corridor with commercial uses that do not require buffering or
the level of landscaping required in the separation of residential and commercial uses.
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 immediately adjacent properties are owned by entities affiliated with the
Petitioner /Owner and the other properties in the area are conducting similar auto sales
and service operations that will not be impacted by the grant of this variance.
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 strict application of the Zoning Ordinance would require (a) the installation of
landscape buffers on the east and west that are between properties under common
ownership and with identical uses and which share common drive aisles that straddle the
property line on the east and west; and (b) the creation of landscape buffers on the north
and south that abut similar commercial operations, all of which would serve no
constructive purpose and would result in practical difficulties in the efficient use of the
property as an auto sales and service dealership.
• •
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket No. 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
day of , 2013.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
HEARING OFFICER. Carmel Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
• •
CARMEL BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru — Landscape Development Standards
Section 26.04.07: Elimination of bufferyard on east and west property lines
Reduction in trees and shrubs in bufferyard on south property line
Reduction in width of bufferyard on south property line
Reduction in width of bufferyard on north property line
Petitioner: Wood Subaru RE, LLC
1.
2.
3.
DATED THIS
DAY OF 2013.
Board Member
Hearing Officer
•
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru, Lighting (Foot - candle limit at property line and right -of -way)
Petitioner: Wood Subaru RE, LLC
1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
Generally, the proposed site lighting will blend seamlessly with the site lighting provided on adjacent
properties, all of which are automobile- oriented. It will be difficult if at all possible to determine where
the subject site's lighting effect ends and the lighting effect of the adjacent sites begins; however, it
should be noted that the proposed lighting very quickly diminishes to ordinance levels just beyond
the property line. The lighting effect at the street is somewhat more elevated than at the other
property lines, but this general area of East 96th Street is without standard street lighting. It is likely
that the collective lighting of this general area helps to deter crime by eliminating shadows between
dusk and dawn, in addition to providing some street illumination where there otherwise is none,
which enhances the public health, safety and general welfare.
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 adjacent uses are similar in nature, and the proposed site lighting will blend seamlessly with
lighting on adjacent property, thereby helping to deter crime by eliminating shadows between dawn
and dusk, which should work to maintain or enhance the use and value of the area adjacent to the
property.
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 existing lot of record is relatively narrow such that, when the proposed building is constructed, it
is likely that nearly any lighting fixture will have some bleed -over effect. Without adequate lighting,
the provision of security for the property and inventory becomes difficult, thereby raising practical
difficulties in the successful continuing use of the site for automobile sales.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. 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
day of , 2013.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
HEARING OFFICER. Carmel Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
KD_4866021 _1. DOCX
CARMEL BOARD OF ZONING APPEAL.
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
Docket No.: V, Tom Wood Subaru, Lighting (Foot - candle limit at property line and right -of -way)
Petitioner: Wood Subaru RE, LLC
1.
2.
3.
DATED THIS
KD_4866021_1 DOCX
DAY OF , 2013.
Board Member
Hearing Officer
s •
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru, Signs: to allow five (5) signs and to allow more than two (2)
signs per frontage
Petitioner: Wood Subaru RE, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
The automobile dealership site is located in the busy retail commercial area along East 96th Street.
The additional signage is necessary in order to adequately identify the dealership for new and
existing customers and vendors and to allow them to make safe and efficient vehicle turning
decisions from 96th Street into the site. The additional signage promotes the public health, safety and
general welfare of the customers, prospective customers, vendors and the general public by
providing adequate and appropriate identification and direction when entering and leaving 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 site is situated in the midst of sites with similar uses an development both north and south of
East 96th Street. The surrounding uses shield the site from the nearest residential uses in all
directions, so there is no impact to residential property. The additional signage is necessary for the
continues success of the redeveloped dealership, which enhances the value of the site and will have
no effect or impact on the use and value of the other properties adjacent to the property.
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:
An aesthetic interest is created by the building architecture. The design, while creating a visual
appeal, also limits the placement of adequate signage and requires the signage to be presented in
distinct components on individual planes of the building facade. Additionally, the proposed signage
represents the manufacturer's required branding and signage. The proposed signage and the
requested variances to implement the proposed new signage are necessary to allow the Wood
dealership to meet the requirements for authorized dealers of the Subaru brand. The strict application
of the terms of the Zoning Ordinance will preclude the dealership from meeting these requirements
and result in significant difficulties in the use and operation of the property as an authorized Subaru
dealership.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. 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
day of , 2013.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
HEARING OFFICER. Carmel Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
KD_4866022_1. DOCX
•
CARMEL BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
Docket No.: V, Tom Wood Subaru, Signs: to allow five (5) signs and to allow more than two (2) signs
per frontage
Petitioner: Wood Subaru RE, LLC
1.
2.
3.
DATED THIS
KD_4866022_1. DOCX
DAY OF , 2013.
Board Member
Hearing Officer
• •
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru, Maximum Lot Coverage, to allow more than 80% coverage
Petitioner: Wood Subaru RE, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
This project entails the redevelopment of the site from an outmoded automobile sales and service
establishment to a new automobile sales and service center, which requires significant building
space and surface parking with drive aisles to operate a safe and efficient auto sales and service
operation without any impact on the public health, safety, morals or general welfare of the
community.
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 site is surrounded by like uses with the same development patterns. Enhancing the site property
value through redevelopment should also enhance the use and value of the area adjacent to the site.
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:
Compliance with the Maximum Lot Coverage provisions of the Zoning Ordinance will have a
significant detrimental effect on the building space and surface parking with drive aisles necessary
for a safe and efficient auto sales and service operation resulting in practical difficulties in the use of
the property.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. 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
day of , 2013.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
HEARING OFFICER. Carmel Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
KD_4866017_1.DOCX
CARMEL BOARD OF ZONING APPEAL'S
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
Docket No.: V, Tom Wood Subaru, Maximum Lot Coverage, to allow more than 80% coverage
Petitioner: Wood Subaru RE, LLC
1.
2.
3.
DATED THIS
KD_4866017_1.DOCX
DAY OF , 2013.
Board Member
Hearing Officer
• •
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru — Reduction of Number of Parking Spaces
Section 27.08
Petitioner: Wood Subaru RE, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
there will be adequate on -site parking spaces for customers, employees and vendors of
the dealership without any impact or effect on any adjacent street or property.
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 parking spaces will not in any way impact or effect any adjacent property
nor have an adverse impact or effect on the surrounding area .
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 zoning ordinance uses a general formula that requires more parking spaces than is
reasonably necessary for the auto sales and service operations to be conducted on the
site which would have a significant detrimental impact on the efficient use of the site and
result in practical difficulties for an auto sales and service operation by reducing the size
of the building.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket No. 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
day of 2013.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
HEARING OFFICER. Carmel Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
•
CARMEL BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru — Reduction of Number of Parking Spaces Section
27.08
Petitioner: Wood Subaru RE, LLC
1.
2.
3.
DATED THIS DAY OF , 2013.
Board Member
Hearing Officer
• •
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru — Elimination of "Side Path" Section 2.09
Petitioner: Wood Subaru RE, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
neither the proposed site nor the adjacent properties have a side path adjacent to this
extremely high traffic arterial roadway which does not have any pedestrian or alternative
transportation traffic in this area.
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 absence of a side path will not have any effect on any adjacent property, as those
properties do not have side paths which would connect.
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 strict application of the Zoning Ordinance, specifically the requirement to comply with
the Transportation Plan, would require the construction of side path that would serve no
purpose as there is no pedestrian or alternative transportation in this area of 96th Street
and result in practical difficulties in the use of the property as a car dealership with the
loss of approximately 20 feet of frontage depth.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket No. 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 day of , 2013.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
HEARING OFFICER. Carmel Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
• 1
CARMEL BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Docket No.: V, Tom Wood Subaru — Elimination of "Side Path" Section 2.09
Petitioner:
1.
Wood Subaru RE, LLC
2.
3.
DATED THIS
DAY OF , 2013.
Board Member
Hearing Officer