HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Friday, December 20, 2013 6:22 PM
To: Barnes, David R; Blanchard,Jim E, Conn, Angelina V; Donahue-Wold, Alexia K, Duncan,
Gary R; Foley, Amanda J; Haney, Douglas C, 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
Cc: Jesus Rivera (jrivera @pedcor.net)
Subject: Docket No. Assignment: (UV) Carmel City Center,Auto Sales (#13120008 UV)
I have issued the necessary Docket Number for(UV) Carmel City Center,Auto Sales. It is the following:
(UV) Carmel City Center,Auto Sales
The applicant seeks the following use variance for luxury automobile sales.
Docket No. 13120008 UV ZO CH: 20E.01 PERMITTED USES,AUTO SALES REQUESTED
The site is located at 736 Hanover Place,and is zoned C-1/City Center. Filed by Jesus Rivera with Pedcor on behalf
of CCC Offices, LLC.
Jesus can be contacted at(317)218-2671, or at jriveraPpedcor.net.
Filing Fees: Use Variance: $1.570.00
Total Fees: $1,570.00
Filing Dates&Deadlines. Petitioner.please note the following:
1. This Item will be on the January 15, 2014 meeting agenda of the Technical Advisory Committee(TAC). If not done
so already,the petitioner must submit plans to all TAC members,via email and/or mail. The updated TAC members
list is online at: http://www.carmel.in.gov/modules/showdocument.aspx?documentid=3266
2. Mailed and Published Public Notice needs to occur no later than January 3,2014. Published notice is
required within the N;oblesville'Tiimes. 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(a 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,January 17,2014. 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,January 24,
2014. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the TUESDAY,January 28,2014 agenda of the Board of Zoning Appeals Regular
Meeting under Public Hearings at 6:00 pm.
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 meeting for the item to be
heard. If no one appears,it will be tabled.
1
Please refer to your instruction sheet for more detail
Planning Department's Preliminary Review Comments: petitioner,please complete the following:
1. Please provide the Affidavit of ownership. Page 6 of the application.
2. Please make checks payable to the City of Carmel.
3. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
4. Please provide filled out and notarized placement of public notice sign affidavit.
5. 'Please provide proof of notice from the Noblesville Times once you receive it.
6. Please provide green signed return receipts from the certified mailings once you receive them.
7. Additional review comments may be issued from the Planning/Zoning Department.
Please feel free to contact me if you have any questions.
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
2
S56{Yg
CARMEL BOARD OF ZONING APPEALS
USE VARIANCE APPLICATION -
FEE: $1,570 plus$125 per acre _T CEIVED
MAORI -£
DOCKET NO. ICI gOCCg UV DATE RECEIVED 12 )
1) Applicant: CCC Offces. LLC
Address. 770 3rd Avenue S.W., Carmel, Indiana 46032
2) Project Name. Carmel City Center Phone: (317) 218-2671
Engineer/Architect: Pedcor Design Group, LLC Phone. (317) 705-7981
Attorney: Jesus C. Rivera, Esq. Phone: (317)218-2671
Contact Person: Jesus C. Rivera, Esq. Phone (317)218-2671
Email irivera(c�pedcor.net Fax: (317) 218-2665
3) Applicant's Status (check the appropriate response): X (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. N/A
Owner's address. N/A Phone N/A
5) Record of Ownership--Deed Book No./Instrument No. 2011006752
Page: Purchase date. January 14, 2011
6) Common address of the subject property: 736 Hanover PL
Legal description See Attached Limited Warranty Deed as Instrument No: 2011006752
-c05
Tax Map Parcel No. 16-09-36-00-00-0)6.214
7) State explanation of requested Use 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 appeal)
The Carmel City Center is host to numerous business and uses. This proposal seeks to add another use outside
those permitted by the Carmel Zoning Ordinance Chapter 20E: C-1/City Center District. That use is the sale
and display of luxury automobiles.
8) State reasons supporting the Use Variance. (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance")
The use will be consistent with the surrounding Carmel City Center uses and will be used in a manner
consistent with the high standards of the area.The public will benefit by the diversification of uses and
the increase interest in the area will benefit the City of Carmel.
9) Present zoning classification of the property: C-1
10) Present use of the property. Retail shopping center
•
11) Size of lot/parcel in question Approximately 3,635 square feet acres
12) Describe the proposed use of the property: The display and sale of hiqh-end luxury pre-owed automobiles.
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,
decision.rendered and pertinent explanation.
No
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?
Immediately
17) If the proposed appeal is granted,who will operate and/or use the proposed improvement for which this application
has been filed?
CCC Offices, LLC and/or their proposed tenant (Abreu Motors)
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
recom mended
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 that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services
Applicant Sign. .--. — E : �•� ' Date 12/12/13
The applica- 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
• •
CARMEL/CLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCF
Docket No..
Petitioner. CCC Offices, LLC
1 - The grant of this variance will not be contrary to the public interest,due to the existence of special condition(s)such -
that enforcement of the zoning ordinance will result in unnecessary hardship because.
The use meets the cultural and economic needs of the community and will provide an attraction that supports the retail
and entertainment venues of the area Additionally,the use will add and benefit the high standard expected of the area
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because.
The use will not be obstructive and will be held to the highest of standards consistent with the surroundings. The use
is unique because it is the showroom display and sale are of luxury high-end automobiles and not typical used car sales.
3 The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because.
The use is consistent with the high-end surrounding area and businesses. The use is not changing or modifying any
existing structure and the display and sale will not be obstructive or obtrusive.
4 The need for the variance arises from a natural condition peculiar to the subject property because.
The City Center project is made to attract citizens and be walkable for their enjoyment. The use will add to the
excitement of the area and further develop the private/public objectives and the Center and the City.
5 The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because
North Central Carmel is a unique and walkable environment with significant mixed-uses. The proposed use will only add
to this characteristic by adding an exemplary display of luxury automobiles for the enjoyment of the public.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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 the back.
DUIYENTERFAICAYATO
Subleot ft -31 ac,
•
�+ < y y'`F Hof Y—"�� 5r t sC 2011006752 WARR DEED $26.00
j _ w�._ 01/2812011 10:2S:41A 6 PGS
k Gi ti i`21.._,tia P;Id,tGr . _ Mary L Clark
Parcel ��� : _1 � _ S.-�� HAMILTON County Recorder IN
Recorded Presented` II I6
LIMITED WARRANTY DEED
lra s
The Carmel City Center, LLC (the "Grantor") CONVEYS to CCC' Offices. LLC
(the "Grantee"), for the sum of S10.00 and other valuable consideration, the receipt and
sufficiency of which are acknowledged hereby, certain real estate in Hamilton County,
Indiana, as more particularly described on Exhibit A, attached hereto and incorporated
herein by reference(the"Real Estate").
Subject to: (a) the lien of real estate taxes due and payable in November, 2010,
and thereafter; (b) all general and special assessments, (c) all other governmental,
municipal, and public dues, charges, and impositions not delinquent; and (d) the matters
set forth on Exhibit B, attached hereto and incorporated herein by reference.
Grantor, as its sole warranty herein, specially warrants to Grantee and its
successors and assigns that Grantor will forever defend title to the Real Estate (subject to
the matters set forth above to which this conveyance is made subject) against those
claims, and only those claims, of all persons who shall claim title to, or assert claims
affecting the title to, the Real Estate, or any part thereof, under, by, or through, or based
upon the acts of Grantor, but not otherwise.
The undersigned person executing this deed on behalf of Grantor represents and
warrants that he has been duly authorized and fully empowered to execute this deed by
all necessary action of Grantor, and has full power and authority to execute and deliver
this Limited Warranty Deed.
IN WITNESS WHEREOF, Grantor has executed this Limited Warranty Deed this
k day of 34t - . 2011.
CARMEL CITY CENTER, LLC
By
Laune Slier, Vice President
•
•
EXHIBIT"A-
LEGAL DESCRIPTION OF.REAL ESTATE
Units 1 and 2 in Carmel City Center Condominiums Building 2, as created by Declaration of
Condominium Ownership dated November 17 2010, and recorded November 23, 2010. as Instrument
2010062757. and as shown on plans for Carmel City Center Condominiums Building 2 recorded
November 23, 2010, as Instrument 2010062756, all in the Office of the Recorder of Hamilton County.
Indiana. together with an ll ndiv;ded percentage interest in the common areas and limited common areas
as provided for in the Declaration and any subsequent amendments and supplements thereto.
ICI) 3u61 531, 2.DOC
•
9
• •
*CCC OFFICES, ILILC (1-4s 4
6
December 12, 2013CE�� Q cy
w DOGS ,
Alexia Donahue-Wold 'fj Cz?
City of Carmel Planning & Zoning Division
1 Civic Square, 3rd Flr.
Carmel, IN 46032
RE: Use Variance Application
Alexia,
Per our discussion about the Use Variance Application, enclosed you will find the information
requested plus copies. The following documents are enclosed:
• Use Variance Application and Findings of Fact
• Limited Warranty Deed and Legal Description
• Adjoiner prepared by Hamilton County
• Maps depicting the Zoning Overlay of C-1
• Depiction of Building and location within Cannel City Center
If you have any questions concerning the enclosed documentation or need additional
information, please do not hesitate to contact at the information below.
Si = ely,
Jesus C. Rivera, Esq.
CCC Offices, LLC
770 3rd Avenue S.W.
Cannel, Indiana 46032
Office: (317) 218-2671
jrivera@pedcor.net
Enclosure
One Pedcor Square 4 4 770 Third Avenue SW 4 4 Carmel, IN 46032 srr(317)587-0320 a r Fax(317)587-0340