HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Wold,Alexia K
Sent: Monday, May 12, 2014 5:02 PM
To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Donahue-Wold, Alexia K; Duncan, Gary R,
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; Stewart, Lisa M; Thomas, John G;Tingley, Connie S
Cc: Jon C. Dobosiewicz (jond @NF-LAW corn), 'jims@nf-law.com'
Subject: Docket No. Assignment: (V) Tom Wood Audi, Signage (#14050005-06 V)
I have issued the necessary Docket Numbers for(V)Tom Wood Audi,Signage. They are the following:
(V)Tom Wood Audi,Signage
The applicant seeks the following development standard variances for 2 new wall signs:
Docket No. 14050005 V ZO CH: 25.07.02-03.B: 1 Sign Per Street Frontage,Sign not facing street frontage requested
on south elevation
Docket No. 14050006 V ZO CH: 25.07.02-03.B: 1 Sign Per Street Frontage, 1 additional sign facing East requested,
for service bay signage
The site is located at 4610 East 96th Street and is zoned B-3/Business. Filed by Jon Dobosiewicz with Nelson and
Frankenberger on behalf of Tom Wood Management.
/on can be contacted at(317)844-0106, or atJon@nf-law.com.
Filing Fees: Development Standards Variance Commercial, Hearing Officer $643.00
Each Additional: $320.50
Total Fee $963.50
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 May 16,2014. 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 5:15 PM and the location reads City Hall Caucus Room.
3. The Filing Fee and Nine(9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON,
Friday, May 16, 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, May 23, 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,May 27,2014 agenda of the Board of Zoning Appeals Hearing Officer Meeting under
Public Hearings at 5:15 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 instruction sheet for more detail.
Planning Department's Preliminary Review Comments; petitioner please respond to the following:
1
1. Please provide a hard copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.
3. Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 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
legals @thetimes24-7.com).
4. Please provide the Proof of Publication email from the Noblesville Times, once you receive it.
5. The notice to the neighbors should be done by certified mail with return receipts. Please provide green signed return
receipts from the certified mailings once you receive them.
6. Please provide filled out and notarized Placement of Public Notice Sign affidavit.
7. Please provide the Petitioner's Affidavit of Notice of Public Hearing form (page 8).
8. Please provide a hard copy of a location map showing the location of the site in question, zoning, and existing
land uses of adjacent properties.
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
APlease consider the environment before printing this e-mail
2
C..
CITY OF CARMEL•— BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEE: Single Family(Primary Residence)$297 for the first variance,plus$91.50 for each additional section of the
ordinance being varied. All Other$1,177 for the first variance,plus$556 for each additional section_of the
ordinance being varied. OR,see Hearing Officer Fees. - _
DOCKET NO -0006 `�
i� 6 J V DATE RECEIVED.
1) Applicant: Tom Wood Management (See Exhibit `B") " A1AY
Address: See Exhibit"B" ' z:' 2 214
Phone. See Exhibit`B"
2) Project Name- Tom Wood Audi - Signage
Engineer/Architect: See Exhibit"B"
Attorney: Jim Shinaver Phone: (317)844-0106
Email: jims(c4nf-law.com
Contact Person Jon C. Dobosiewicz Phone: (317)844-0106
Email: jon(u�nf-law.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 _
X (c)Other The applicant is the contract purchaser of the property(see enclosed owners consent form)
4) If Item 3)(c)is checked,please complete the following: •
Owner of the property involved: Wood Hyundai R E LLC
Phone: See Exhibit"B"
Landowner address: See Exhibit"B"
5) Record of Ownership.
Deed Book No./instrument No :
6) Common address of the property involved:4610 East 96th Street
Legal description: See"Exhibit A"
Tax Map Parcel No • 16-14-08-00-05-001.000
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).
See Exhibit"C".
8) State reasons supporting the Development Standards Variance. (Additionally, complete the attached question
sheet entitled"Findings of Fact-Development Standards Variance").
See Exhibit"C".
9) Present zoning of the property(give exact classification): B-3 (Business)
10) Size of lot/parcel in question: approximately 4.61
11) Present use of the property: Automobile sales and service
DSV Applications#2-Tom Wood Audi 5.2 14
1
•
12) Describe the proposed use of the property: Automobile sales and service
13) Is the property: Owner occupied
Renter occupied
Other: Property is tenant occupied
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.
The applicant is also be seeking ADLS Amend approval from the Carmel Plan Commission.
15) Has work for which this application is being filed already started?If answer is yes,give details. No
Building Permit Number. N/A
Builder N/A
16) If proposed appeal is granted,when will the work commence?
Immediately upon obtaining all required 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, its successors and assigns
NOTE. LEGAL NOTICE shall be published in the Indianapolis Star 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 AGAIN,THIS TASK MUST BE
COMPLETED AT LEAST TWENTY-FIVE(25)DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of
Community Services.
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: See Owner's and Petitioner's Consent attached hereto
The applicant certifies by singing 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.
DSV Applications#2-Tom Wood Audi 5.2.14
• •
"APPLICANT"
Tom Wood Management
By:
Jam-. '"Sh" aver,Nelson&Frankenberger,on behalf of the
Applicant j
Date: - Z–i/
State of ���� )
) SS:
County of V :V\-6\, )
Before me, a Notary Public in and for said county and State, personally appeared James E. Shinaver,
Nelson & Frankenberger, on behalf of the Applicant, Tom Wood Management and acknowledged the
execution of the foregoing Application.
WITNESS my hand and Notarial Seal this o0'– day of t , 2014.
J
_,?J►{,:°,r AALIALCtMYS Notary ublic U
Notary Pubik-lediana
►, Resident of Hamilton County
r Ars 'y Commission Expires Sept 18,2021
(Printed Signature) �l
r
My Commission Expires: q11$W1
My County of Residence: -I,')11A.3
DSV Applications#2-Tom Wood Audi 5.2.I4
EXHIBIT "A"
(LEGAL DESCRIPTION)
Part of Lots 1 and 3 in East 96`" Street Auto Park, an addition in the City of Carmel, in Hamilton
County, Indiana, as per plat thereof recorded as Instrument Number 200100000285 in the Office of
the Recorder of Hamilton County, Indiana, being more particularly described as follows:
DSV Applications#2-Tom Wood Auth 5 2.14
0
EXHIBIT "B"
(CONTACT LIST)
1. Owner(s): Wood Hyundai R E LLC
3003 East 98th Street, Suite 201
Indianapolis, N 46280
Wood Auto Park LLC
3003 East 98th Street, Suite 201
Indianapolis, IN 46280
2. Applicant: Tom Wood Management
Attn: John Wood, Vice President
3003 East 98th Street, Suite 201
Indianapolis, N 46280
Phone: (317) 688-6342
E-mail: john wood@tomwood.com
3. Attorney/
Land Use Professional:
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
Nelson &Frankenberger
3105 E. 98th Street, Suite 270
Indianapolis, N 46280
Phone: (317) 844-0106
• Fax: (317) 846-8782
Email: jims @nf-law.com
Email: Jon @nf-law.com
4. Engineer: Roger Ward Engineering, Inc.
Attn: Roger C. Ward, Jr. PE, LEED AP
7474 Noel Road
Indianapolis, N 46278
Phone: (317) 251-1738 x202
Fax: (317) 251-1923 r i
E-mail: mailto:RWard@rw-engineering.com
5. Architect: Aihitectuial Alliance
Attn: Bryan Galli, Architect, LEED AP BD+C
165 North Fifth Street
Columbus Ohio 43215
Phone: (614) 469-7500 ext. 119
Fax: (614) 469-0500
E-mail: bgalli@archall.com
DSV Applications 142-Tom Wood Audi 52.14
•
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL,INDIANA
Docket No.:
Petitioner: Tom Wood Management—Tom Wood Audi dealership
FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
See Exhibit"C".
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:
See Exhibit"C".
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:
See Exhibit "C".
DECIS ION
IT IS THEREFORE the decision of the Carmel 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 , 2014.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
DSV Applications#2-Tom Wood Audi 5 2,14
•
EXHIBIT "C"
EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES
and
FINDINGS OF FACT
Requested Variances:
A. Section 25.7.02-03—Location of Wall Sign on South Elevation
The applicant seeks approval to allow a wall sign on the south elevation of the building that
does not face a public street frontage.
FINDINGS OF FACT
1. The approval of this variance will not be injurious to the public health, safety,morals
and general welfare of the community because:
The size and appearance of the wall sign is consistent with development in the
vicinity and is proportional to the site and building.
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 size and appearance of the wall sign is consistent with development in the
vicinity and is proportional to the site and building.
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:
Absent utilizing the wall sign for this site, the Applicant will be unable to properly
and adequately identify to the general public traveling on the adjacent roadway the
location of the Applicant's facility. The wall sign will assist in providing proper
identification to facility which shall assist in efficient and safe wayfinding to the site.
DSV Applications#2-Tom Wood Audi 5 2.14
• •
B. Section 25. 07.02-03—Number of Signs
The applicant seeks approval to allow one (1) additional sign for the service bay on the east
elevation of the building.
FINDINGS OF FACT
1. The approval of this variance will not be injurious to the public health, safety, morals
and general welfare of the community because:
The size and appearance of the additional service bay sign is consistent with
development in the vicinity and is proportional to the site and primary building.
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 size and appearance of the additional service bay sign is consistent with
development in the vicinity and is proportional to the site and building.
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:
Absent utilizing the additional service bay sign, Applicant will be unable to properly
identify the location of the service bay on the east elevation of the building, thereby
reducing its ability to facilitate efficient ordering and thereby affecting safe and
efficient on site traffic circulation.
DSV Applications#2-Tom Wood Audi 5 2.14
I •
NELSON & FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAMES J NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B MERRILL,
CHARLES D FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel
JAMES E.sHINAVER
LAWRENCE J KEMPER PHONE 317-844-0106
JOHN B FLATT FACSIMILE. 317-846-8782 JON C.DOBOSIEWICZ,
FREDRIC LAWRENCE Land Use Professional
BRIAN K.TEKULVE
•
May 2, 2014
Rachel Keesling
City of Carmel _ r
One Civic Square % '^ .
q t E0
Carmel, IN 46032 P.
AI: MAY -2 2014
Re: Sin Variance A lication A.
Tom Wood Audi (former Volkswagen site)
Dear Rachel:
Enclosed you will find an application for the sign variances we discussed previously
discussed for the above noted item.
Our anticipated schedule is as follows:
05/14/14— 11am Deadline to E-mail Notice to the Noblesville Times
05/16/14 -- Deadline to Publish Notice, Mail Certified Notice of Hearing and Post Sign
05/16/13 --Noon Deadline to Submit Informational Brochures to Planning Staff
05/27/14 -- 5:30 p.m. Board of Zoning Appeals Meeting—Hearing Officer
Should you have any questions please do not hesitate to call.
Very truly yours,
NELSON & FRANKENBERGER, P.C.
IL ,
A— '
Jon C. Dobosiewicz
Land Use Professional
Attachment
Variance Submittal-Ltr to Staff 050214
I