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Home My WebLink AboutApplication Donahue-Wold, Alexia K • From: Donahue-Wold, Alexia K Sent: Tuesday, October 22, 2013 12.18 PM To: Barnes, David R, Blanchard, Jim E;Conn, Angelina V; Donahue-Wold, Alexia K, Duncan, Gary R; Foley, Amanda J, Hollibaugh, Mike P, 'John Molitor', Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel 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, Worthley, Matthew D; Bowers, Claire, Rosenbarger, Drew T Cc: Brad Subject: Docket No. Assignment: (V) Dairy Queen - Michigan Road (#13100016 V) I have issued the necessary Docket Number for (V) Dairy Queen - Michigan Road. It is the following: (V) Dairy Queen- Michigan Road. The applicant seeks the following development standards variance approval for a drive-thru at a new Dairy Queen: Docket No. 13100016 V ZO CH: 23C.11.G Drive-thru stacking location and Min No. spaces The site is located at 9800 Michigan Road. The site is zoned I-1/Industrial within the Michigan Road Overlay. Filed by Brad Walker of H & H Restaurant Management. Brad can be contacted at(317)319-8888, or at bradamesPcomcast.net. Filing Fees: Development Standards Variance Commercial, Hearing Officer ($627.50) Total Fee: $627.50 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 November 15,2013. 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 legals@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 5:30 PM and the location reads City Hall Caucus Rooms. 3. Nine (9) Informational Packets(see#6 on page 3 of the application) must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, November 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, November 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, November 25,2013 agenda of the Board of Zoning Appeals Hearing Officer Meeting at 5:30 pm under Public Hearings. 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 instruction sheet 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 may take 3 to 5 days for them to complete.) 1 2. Please make checks payable to the City of Carmel. 3. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send the notice to the Noblesville Times newspaper by 11:00 am, two days prior to the printing deadline (765-365-2316 or leeals(althetimes24-7.com). 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 Notice of the Public Hearing before the BZA form. 7. Please provide the Petitioner's Affidavit of Notice of Public Hearing form (page 8). 8. Please provide green signed return receipts from the certified mailings once you receive them. 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 awoldPcarmel.in.gov Please consider the environment before printing this e-mail H & H RESTAURANT MANAGEMENT BRAD WALKER REAL ESTATE & DEVELOPMENT BRADAMES @COMCAST NET 5201 WEST 86TH ST INDIANAPOLIS, IN 46268 OFFICE 317 203 3030 CELL 317 319 8888 G ®EDMOCl• FAx 317 203 3209 l0 ' •"Eti ° 2 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 scan. So DOCKET NO 1310Odt,(0 V DATE RECEIVED: \y 3113 1) Applicant: H & H Restaurant Management, LLC Address: 5333 W. 86th Street, Indianapolis, IN 46268 2) Project Name' Dairy Queen Phone: 317-802-7651 Engineer/Architect: Eric Gleisner/Phil Troyer Phone 423-3305/260-489-2818 Attorney. Robert T. Wildman Phone: 317-684-5377 Contact Person Brad Walker Phone. 317-319-8888 Email: BradAmes @comcast.net 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' Affiliated Company 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Heartland Oil Michigan Road, LLC Owner's address. 5333 W. 86th Street, Indianapolis, IN 46268 Phone: 317-802-7651 5) Record of Ownership Deed Book No./Instrument No 2012-76870 Page. N/A Purchase date 12/10/2012 V.E)\\\5 eP1�l�-�OIJ 6) Common address of the property involved: 9800 & 9802 Michigan Road Legal description. (See attached description) —0' -� 1 \ i 114 ova-sEer? Tax Map Parcel No 17-13-07-00-00-043.000: 17-13-07-00-00-044.000E 7) State explanation of requested Development Standards Variance (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) Section 23C.11 .G. - Stacking Requirementsjto allow 1 less than required and to allow 7 of the 9 along the north side of the building). 8) State reasons supporting the Development Standards Variance (Additionally,complete the attached question sheet entitled"Findings of Fact-Development Standards Variance") The proposed plan for vehicular circulation provides the most efficient traffic flow and does not adversely affect the location of the dry detention pond or further reduce the proposed tree preservation area. 2446372v1 7 q' A � UPS- -' /M �y -�... .. .. n. jam;/ ��`� CITY OF CARMEL- BOARD OF ZONING APPEALS 4(, CZ %6 c Q APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE a\FEESS fie amily�(P imary Residence) $302 for the first variance, plus $93 00 for each additional section of the �\ ordinance balm"g aried All Other$1,197 for the first variance, plus$565 for each additional section of the ' ,v ordinance being varied Or, see Hearing Officer Option & Fees$6,77, 5-0 DOCKET'N'613 I bOD)(e, V DATE RECEIVED 10/ 1 Co b 13 1) Applicant: H & H Restaurant Management, LLC Address 5333 W. 86th Street, Indianapolis, IN 46268 2) Project Name. Dairy Queen Phone. 317-802-7651 Engineer/Architect: Eric Gleisner/Phil Troyer Phone 423-3305/260-489-2818 Attorney. Robert T. Wildman Phone. 317-684-5377 Contact Person Brad Walker Phone 317-319-8888 Email BradAmes @comcast.net 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 Affiliated Company 4) If Item 3) (c) is checked, please complete the following Owner of the property involved: Heartland Oil Michigan Road, LLC Owner's address 5333 W. 86th Street, Indianapolis, IN 46268 Phone. 317-802-7651 5) Record of Ownership Deed Book No./Instrument No 2012-76870 Page N/A Purchase date 12/10/2012 6) Common address of the property involved: 9800 & 9802 Michigan Road Legal description. (See attached description) Tax Map Parcel No 17-13-07-00-00-043.000: 17-13-07-00-00-044.000 7) State explanation of requested Development Standards Variance (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) Section 23C.11.G. - Stacking Requirements (to allow 1 less than required and to allow 7 of the 9 along the north side of the building). A4•nl0J Ito4 0180AilS117Q►7 11[1 1Ri l[a1r1nu ksIlllllsomakilequiresow4io..Tc na�► i. 8) State reasons supporting the Development Standards Variance (Additionally, complete the attached question sheet entitled"Findings of Fact-Development Standards Variance") The proposed plan for vehicular circulation provides the most efficient traffic flow and does not adversely affect the location of the dry detention pond or further reduce the proposed tree preservation area. 2446372v1 • • 9) Present zoning classification of the property- I-1/US 421 Corridor Overlay 10) Size of lot/parcel in question 1.37 + 2.61 = 3.98 acres 11) Present use of the property. Vacant 12) Describe the proposed use of the property' Dairy Queen Multi-Tenant Building Complex 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 12030016 ADLS 15) Has work for which this application is being filed already started? 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? ASAP 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Applicant or affiliated company NOTE. LEGAL NOTICE shall be published in the Noblesville Times 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 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 The applicant understands th. .ocket numbers will not be assigned until all supporting information has been submitted to the De•artment of V •mmunit Services Applicant Signature Date 10/16/13 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 2446372v1 • • 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 Signed: 10/16/13 9C (u '_�;rney, '� �df ?fir $4�a( Date Robert T. Wildman (Please Print) STATE OF INDIANA SS County of Marion Before me the undersigned, a Notary Public (County in which notarization takes place) for I V:60t"■- County, State of Indiana, personally appeared (Notary Public's county of residence) Robert T. Wildman and acknowledge the execution of the foregoing instrument this (IseiKeYtWu€)<Attorney,32( Xi#X)G94Dk00!( 16th day of October , 20 13 1 Notary Public--Signature (SEAL) } tv.°4,••• STEVEN B.GRANNER Notary Public--Please Print , ^p*- ••' Marion County ' .�•+.. �s`A` My Commission Expires `s?" October 23,2016 _ . My commission expires Page 6 - filename.development standards variance 2013.docx rev.1/2/2013 2446372v1 • • CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No Petitioner H & H Restaurant Management, LLC 2. 3 DATED THIS DAY OF , 20 13 Board Member Page 9 - filename:development standards variance 2013.docx rev.1/2/2013 2446372v1 • S CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No Petitioner H & H Restaurant Management, LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because. permitting drive-thru stacking along the north side of the building will not be injurious to the public health, safety, morals and general welfare and the provision of nine stacking spaces is more than sufficient. 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 similar developments exist within this area of the US 421 Corridor Overlay. The adjacent areas are also similarly zoned. 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 drive-thru windows must be located on the driver's side of the vehicle, which mandates a counter-clock-wise circulation pattern. There is not a feasible alternative for this site that does not cause practical difficulties with on-site circulation. future internal driveway connections. or the proposed dry detention pond and tree preservation areas. 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 13 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.docxrev 1/2/2013 2446372v1