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Donahue=Wold,.Alexia K r
From: Donahue-Wold, Alexia K
Sent:. Thursday,..July 11„ 2013 2:38 PM
To: Barnes, David R; Blanchard, Jim E; Boone, Rachel M Conn, Angelina V; Donahue-Wold,
Alexia K; Duncan, Gary R;.Foley, Amanda J; Hollibaugh, Mike P; John Molitor; Kass, Joslyn;
Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki; Sue; Martin, Candy; Mindham,
Daren; Mishler, Nicholas F; Motz, Lisa; Redden, Nick;Stewart, Lisa.M; Thomas, John G;
Tingley,Connie S; Worthle_y, Matthew.D
Cc: 'ebw @,clarkquinnlaw.com'
Subject: Docket No. Assignment: (V) Auto Max,9728 Michigan Rd. (#13070003-04 V)
I have issued the.necessary Docket Numbers for(V)Auto Max,9728-Michigan;Rd. It is the following:
(V)Auto Max, 9728 Michigan Rd.
The applicant seeks the following development standards variance approvals for an auto dealership along Michigan
Road:
Docket No. 13070003 V ZO CH: 23C.08.02B Maximum frontyard setback 120 ft
Docket No. 13070004 V ZO CH:23C:08:04 2,500'sq.ft.min gross floor area
The site is located at 9728 North Michigan Road. The site is zoned I-1/Industrial°within the Michigan Road Overlay. Filed
by Elizabeth Bentz Williams with Clark, Quinn, Moses,Scott&Grahn, LLP, on behalf of Block Properties.
Elizabeth can be contacted at(317)637-1321,or at ebw @clarkquinnlaw.com.
Filing Fees: Development Standards Variance Commercial, Hearing Officer ($627.50)
Each Additional: ($313.00).
Total Fee: $940.50
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 August 16,2013. Published notice is required
within the Noblesville Times. Get thepublic 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 legalsPthetimes24-7.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). Makesure the public notice meeting time to the newspaper and neighbors reads
5:30 PM and the location reads City'Hall Caucus Rooms.
3. The Filing Fee and Nine(9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later
than NOON, Friday,August 16,2013. 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;August 23,.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,-August 26,2013 agenda of the Board of Zoning Appeals Hearing Officer
Meeting under Public Hearings.at 5:30 pm.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for the 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).
7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be
heard. If no one appears, it will be tabled.
Please refer to,your instructionsheet for more detail
Planning Department's Preliminary Review Comments; petitioner please respond to the following:
1. Please provide'the list of adjacent property owners certified by the Hamilton County Auditor's Office. This list is
different than,the list for items heard by the Plan Commission.
2. Please make checks payable to the City of Carmel.
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3. Provide the filled out Notice of the Public Hearing before the BZA form.
4. Please provide the Proof of Publication affidavit from the Noblesville Times, once you receive it.
5. Please provide filled out and notarized Placement of Public Notice Sign affidavit.
6. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
7. Please provide green signed return receipts from the certified mailings once you receive them.
8. What is the existing setback for the building?
9. What is the existing square footage for the structure?
If you have any questions, please feel free to contact me.
Sincerely,
Alexia Donahue-Wold„
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awold @carmel.in.gov
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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 sectior of 1.7 6 '
ordinance being varied All Other$1,197 for the first variance, plus$565 for each additional sectie • �3, 9j
ordinance being varied. Or see Hearing Officer Option & Fees.
DOCKET NO.•'13 O`7oOO7 pW V DATE RECEIVED: a 2:415 f ei i.',�N
1) Applicant: Block Properties, by Clark, Quinn, Moses,Scott& Grahn, LLP 4470/1
Cam '
Address: 320 N. Meridian Street; Indianapolis, IN 46204
2) Project Name: Auto.Max Phone: 317-637-1321 1ep ti
Engineer/Architect: HWC Engineering_ _ Phone:-. 317-347-3663
Attorney: Russell L.Brown Phone: 317-637-1321
Contact Person: Elizabeth Bentz!`Williams Phone: 317-637-1321
Email: ebw @clarkquinnlaw.com
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:
4) If Item 3) (c)is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone:
5) Record of Ownership: ) 71`.
Deed Book No./Instrument No 1 0 ,/
�/t
Page: Purchase date:
6) Common address of the propertyinvolved: 9728 N. Michigan.Road
Legal description: See.attached. l
Tax Map Parcel No: 17-13-07-00-00-047.000 - _ - .
7) State explanation of requested Development Standards.Variance: (State what you want to d`a and cite,the
section number(s)of the Carmel/.Clay Zoning Ordinance that applies and/or createstheneed for this request).
Ch.23 COBB -to Iegallyestablish setback of the existing structure (exceeds maximum setback req.)
Ch. 23C.08.04•--to I'egall'establish the existing square footage of the structure (minimum 2,500_
agUare feet regUired)
8) State reasons supporting the:Development Standards Variance:(Additionally,complete the attached question
sheet entitled"Findiings,of Fact-Development Standards Variance"). The building-was constructed
approximately 30 years•ago. The conditions are existing and necessary for re-use, barring new
construction of primary structures on site.
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9) Present zoning classification of the property: I-1j 1� m( C1 ;(�� y
1b) Size of lot/parcel in question: 1.19,ac acres
11) Present use ofthe,property:: Auto sales
12) Describe the proposed use of the property: Auto sales
13) Is the property: Owner occupied ✓ Renter occupied Other
14) Are there any restrictions,laws, covenants, variances, special uses, orappeals filed in connection with this
property that would relate oraffect its use for the specific purpose of this application? If yes, give date and
docket number,instrument no.,decision rendered and pertinent explanation.
13020021 DP/ADLS 8(:13060003 ZW
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15) Has work for which this application,is.being filed already started?If answer is yes, give details:
Building,Permit Number: Demo Permit&Temporary Sign
Builder:
16) If proposed appeal is granted;when will the work commence?
Immediately upon grant of permits
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?'
Auto Max
NOTE: LEGAL NOTICE shall be•published'in the Noblesville Times a MANDATORY twenty-five(25)days prior to the
public hearing date. The certified"Proofof Publication"affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoiningand,abutting property owners is also,MANDATORY,two methods of notice are
recommended:
1)CERTIFIED MAIL-RETURN"RECEIPT"REQUESTED sent to adjoining propertyowners.(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.
The applicant understands that d'ocketnumbers will not be assigned'until all supporting information has been
submitted toFthe Department of Community.Se ices.
Applicant'Signature ,, `J / ' - �� Date: 7/3/2013
The'applicant""certifies • sig `g'this;applic. on that he/she has been advised that all representations of the Department of
Community Servicésare advisory only and t at the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
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AFFIDAVIT
456
I the undersigned,to the best.of m}'knowledge and belief,submit the above information as t i ,ic colrec �0,,
Y Vf.
it
Signature'of
Applicant: '� 7 a414�-- Title: President X 'P':' J//. �c N'
ex:Block Properties,Inc, Date: r U
by Damion Oancea February 1 1, 2013 0! 4
(Printed Name) en, ti
/9g
*****.***.********xx,*******.********, , ,Y,** ;:************************, ** ****s x***x****
STATE OF INDIANA
SS:
The undersigned,having been duly sworn upon oath says that the above information is true and correct and he
is informed and believes.
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(Signature of Petitioner)
County of Marion Before rite,the undersigned, a Notary Public
(County in which notarization takes place)
for Marion - County, State of Indiana,personally appeared
(Notary Public's county of residence)
Block Properties, Inc, by,Damion Oancea and acknowledge the execution of the foregoing
(Property Owner, Attorney, or Power of Attorney)
instrument this // day of /— 3 guotz 41 , 20 13 .
(day) (month) (year)
,�'.`P -.�' i Notary Pub:--Signature �'f
�; `;
w ,3 0\ Elizabeth Bentz Williams z' ''
.
>' i
4 SEAL tr Notary Public--Please Print ,t
/ : ,/r My commission expires: N DLP °'
!�/D 1 A?'y November 18,2020
****************x***************************k******************************xx*****sx*
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Revised.12/28/2012 filename: ADLS&ADLS;Amend
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LEGAL DESCRIPTION
PART OF THE SOUTH HALF OF SECTION SEVEN (7),TOWNSHIP SEVENTEEN (17) NORTH, RANGE THREE
(3) EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MICHIGAN ROAD,ALSO KNOWN AS STATE ROAD NO.
421, DISTANT 764.8 FEET NORTHWESTERLY FROM ITS POINT OF INTERSECTION WITH THE SOUTH LINE
OF SAID HALF SECTION, RUNNING THENCE WEST ON A FORWARD DEFLECTING ANGLE TO THE LEFT,
68°5' FROM SAID CENTER LINE,.609.7 FEET,RUNNING THENCE SOUTHEASTERLY PARALLEL TO SAID
CENTER LINE, 100 FEET; RUNNING THENCE EAST ON A FORWARD DEFLECTION ANGLE TO THE LEFT AND
PARALLEL TO THE FIRST DESCRIBED COURSE 609.7 FEET TO A POINT IN THE CENTER LINE OF SAID STATE
ROAD; THENCE NORTHWESTERLY IN.AND ALONG SAID CENTER LINE 100 FEET TO THE PLACE OF
BEGINNING.
EXCEPTING THEREFROM: ALL THAT PART OF THE REAL ESTATE CONVEYED TO THE STATE OF INDIANA BY
WARRANTY DEED DATED SEPTEMBER 3, 1999 AND RECORDED JANUARY 13, 2000 AS INSTRUMENT NO
200000002313 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
CARMEL/CLAY,ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE
Docket No.:
Petitioner: Block Properties, by Clark, Quinn, Moses, Scott&Grahn, LLP
1. The approval of this•variance°will not be injurious to the public health, safety, morals and general welfare of the
community because:
The condition,s are.existingrandrelate to the overlaydistrictrequirement regarding size and
placement of the office structure.
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 area will be improved with substantial landscaping: paving;,curbs, storm water management
improvements and aesthetic additions-to the facade of the structure which will result in value
added to the corridor.
3. The strict application of`the tterms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
The only remedy would be_to completely rebuild a new-Structure, rather than recondition and
improve the existing,building.
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 are incorporated herein by reference and made a part hereof.
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 2013.docx rev.1/2/2013