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HomeMy WebLinkAboutPacket1P9 Carmel Office Investors, LLC 13080012V & 130800134V -4400: W. 96th. Street (z , 0.• c)co 4'4 September 9, 2013 't:s CITY OF CAR1VIEL BOA OF ZONING APPEALS HEARING OFFICER Prepared by CLARK, QUINN, MOSES, SCOTT & GRAHN 1 1 1 1 1 1 1 1 1 1 1 TAB '1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 Statement of Variance Letter of Explanation and Support Location Map Site and Development Plans Findings of 'Fact — Ballot Findings of Fact — Question Sheet TAB 1 STATEMENT OF`VARIANCE CARMEL BOARD OF ZONING APPEALS ,HEARING OFFICER Docket Numbers: 13080012 V & 13080013 V Petitioner requests variances to: 1) reduce the required width of the front bufferyards (15 feet required, 8 feet requested), 2) to reduce the number of required plantings along both Mayflower Dr. and W. 96th St. (preserving what: is cdrrently existing outside of the right of way proposed to be dedicated); and, 3) to approve a reduction of full compliance with the Transportation Plan (reduced dedication of right of way). The property address is 4400'' W. 96th Street The application is identified. as Docket No. 13080012 V & 1308001.3 V The real estate affected by said application is described as follows: Parcel No. 17- 13- 07- 0.0 -�1.0- 010.000 °& 17-13-07-00-21-003.000 TAB 2 IarkQuinn Clark, Quinn, Moses, Scott & Grahn, LLP August 30, 2013. City of Carmel Board of Zoning Appeals, Hearing Officer Re. IP9'Carmel Office' Investors LLC, Docket No. 13080012 V'& 13080013 V Thonias Michael ,Quinn Matthew R Clark Robert 13 Scott Charles R. Grahn Frank D. Otte;` John -Bart" tierritnan John M. Moses Michael P. Maxwell William W. Gooden* Jennifer F. Perry Russell L. Brown` Christopher Engel Scan A. Brown Senior Counsel James C. Clark Land Use Consultant Elizabeth Bentz Williams, AICP Alex M. Clark (1991) Peter A. Pappas (L986) Thomas M. Quinn (1973) Joseph M. Howard (1964) '. Lo admitted in b1nnt.uta Registered Civil Mediator Petitioner is the owner of'property commonly addressed as 4400 W. 96th Street, zoned 1 -1. The property is improved with .a multi -story commercial, multi -use structure and associated parking areas. Petitioner is applying for building permits to add 17 parking spaces. As a part of the permitting process the petitioner is dedicating 25 feet of right of way along Mayflower Drive and 65 feet of right of way along W. 96th Street. As a= result of these dedications, variances are needed because the "right of way dedication along, W. `96th Street is less than what is recommended in the Transportation Plan and to permit the existing site improvements to remain without enlarging bufferyards or adding additional landscaping. The plans submitted with this request include substantial upgrade's to the existing drainage and storrn water management improvements for this site. Petitioner is also provIding easements to permit future improvements by the City and the petitioner is donating to the sidewalk fund. No new building or additions are requested or planned at this time. EB V /nws Ebw /Itr /automax.city of carmel tr Very ly yours, eth Bentz Wil 320 North Meridian Street, Suite.. 1100 • Indianapolis, Indiana 46204 -1729 • ph (317) 637 -1 321 fx (317) 687-2344 www.clarkquinnlaw.com TAB 3 TAB 4 TAB 5 CARMEL /CLAYADVISORY BOARD OF ZONING APPEALS BALLOT SSHEET :. FINDINGS. OF, FACT, DEVELOPMENT_STANDARDS!VARIANCE Carmel,; Indiana Docket No.: 13080012V and 13080018V Petitioner: 1P9 Carmel Office 'l nvestors LLC 3. DATED THIS DAY,OF , 20 Board, Member Page 9 - filename: development. standards variance 2013.docx rev. 1/2/2013 TAB Docket No.` CARIMELLC.LAY ADVISORY BOARD OF ZONING,APPEALS FINDINGS OF PACT - *DEVELOPMENT STANDARDS VARIANCE 13.080012V and 13080013V Petitioner: IP9 Carmel Office Investors LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Conditions are existing and not in violation; the need for variances•are'a result of the petitioner dedicating right of way to the City of Carmel. 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 experience-value added from drainage Improvements' proposed by petitioner and the area will be impro "vedl by having right of°way. dedication to facilitate future roadway improvements. 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 petitioner is only asking for a building permit to construct 17 parking spaces. In working with Planning and Engineering Depts., petitioner will make drainage improvements, donate to sidewalk fund, dedicate rights of` way 'on both Mayflower Dr.. and 96th St. and create a drainage easement to facilitate future improvements. DECISION IT IS THEREFORE the decision; of the Carmel /Clay Board of Zoning Appeal's 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 at 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. Petitioneror representative to sign. Pagel Q = filename:. development standards variance 2013.docx rev. 1/2/2013