HomeMy WebLinkAboutApplication CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
DOCKET NO. DATE RECEIVED:
1) Applicant: Thomson Consumer Electronics, Inc.
Address: 10330 North Meridian Street, Indianapolis, Indiana 46240-1024
Telephone: (317) 587-4230
2) Project Name: Satellite Dish Phone: 587-4230
Engineer/Architect: N/A Phone:
Attorney: James J. Nelson Phone: 844-0106
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:
Owner's address:
5) Record of Ownership: See Exhibit "A" attached
Deed Book No./Instrument No.
Page: Purchase Date: January 15, 1992.
6) Common address of the property involved: 10330 North Meridian Street, Indianapolis
Indiana 46240-1024
Legal description: See Exhibit "A"
Tax Map Parcel No.: See Exhibit "A"
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7) State explanation of requested Developmental Standards Variance:
See Exhibit "B"
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact")
See Exhibit "C"
9) Present zoning of the property (give exact classification): B-1 Business District
10) Present use of the property: Technology Center
11) Described the proposed use of the property: Technology Center and Satellite Dish base
12) Is the property: Owner occupied XX
Renter occupied
Other
13) 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
14) Has work for which this Application is being filed already started? If answer is yes, give
details:
NO
Building Permit Number: Builder:
15) If proposed appeal is granted, when will the work commence?
Immediately following approval
16) If the proposed appeal 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 Noblesville Daily Ledger a MANDATORY twenty-five (25)days
prior to the public hearing date and should be published in the next available publication date of the Carmel News-
Tribune. The certified "Proof of Publication" affidavit of both newspapers 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 and abutting 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 certifies by signing this application that he/sl.c.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 advise of his/her attorney.
I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a
true and complete listing of the adjoining and adjacent property owners of the property described
herewith.
SEE EXHIBIT D
FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHIBIT D-1.
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS VARIANCE
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EXHIBIT B • %
EXPLANATION OF REQUESTED
DE VELOPMENTAL STANDARDS VARIANC E 0-1
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One of Thomson's recent innovations is the Galaxy Latin American o1�
Syst`''''")("GL
GLA consists of a small satellite dish which, after being tested in Thorns's Carmel Cent*r.'For
Research and Development, will be distributed and marketed in Latin itTerican o•, es.
Essentially, the GLA System will be the Latin American counterpart of the U' `1'3 '3 41:atellite
System ("DSS"), which has had remarkable success in bringing entertainment enjoyment to
millions of Americans.
In order to develop, test and perfect the GLA System, Thomson must install a larger
satellite dish. In order to obtain approvals for this larger satellite dish, Thomson has filed its
application for a developmental standards variance. Essentially, a variance from the satellite dish
ordinance ("Ordinance") is necessary, for the following reasons:
1. Height - The height of the satellite dish required in order to test and develop the
GLA System is greater than the maximum height of 13 feet permitted by the Ordinance.
2. Rear Yard - The Ordinance requires satellite dish is to be located in the rear yard.
The technical center, in the corner of which the subject satellite dish will be placed, is surrounded
by streets and parking lots and, therefore, arguably has four (4) front yards. In order to be
cautious, therefore, Thomson requests a variance from the requirement of the Ordinance that
satellite dishes be located in the "rear yard".
3. "Eighty Percent (80%) Obscuring" - The Ordinance requires that the satellite dish
be screened from the view of adjacent property owners, public rights-of-way by screening devices
which shall be at least "eighty percent (80%)". For reasons which are apparent, the face of the
dish cannot both be obscured and still clearly receive a signal. While the satellite dish is
substantially obscured from adjacent property owners and public rights-of-way, it is difficult to
say whether the landscaping is more or less than eighty percent (80%) obscuring and, therefore,
to be cautious, a variance is also requested from the provision of the Ordinance requiring that the
landscaping be "at least eighty percent (80%) obscured".
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Thomson Consumer Electronics, Inc.
FINDINGS OF FACT - DEVELOPMENTAL 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
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
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
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental 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 , 1996.
CHAIRPERSON
Carmel/Clay Board of Zoning Appeals
SECRETARY
Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
EXHIBIT C
AFFIDAVIT
I, James J. Nelson, Attorney for the Applicant of the property involved in this application,
hereby swear that the foregoing signatures, statements and answers herein contained and the
information herewith submitted are in all aspects true and correct to the best of my knowledge
and belief.
Jam J. e/n, Attorney for
Tho s Consumer Electronics, Inc.
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared James
J. Nelson, Attorney for Applicant and Owners, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this 6th day of March, 1996.
Lig, :- ,'. .,
My Commission Expires: ucille E. Hill - Notary Public
August 5, 1996 Residing in Marion County
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. A SCRIPTION
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Part of:the West Half of Section 11, Township 17 North,j Range`3 East in Hamilton 4' ,, F
County, Indiana_ , being more particularly described as follows a A <,, y°r " t,
ng at r:_ '' ::•r , ,, a r
Commcnci .:rrt, x
the Northwest co ner'of the Northwest Quarter, of said Section 1f1; 4 '-:`
Township 17 North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds
East (Assumed Bearing) along the North line of said Northwest Quarter a distance
of 1703.15 feet; thcncc South 00 degrees 47 minutes 15 seconds East a distance of
16.50 feet to the Southwesterly right-of-way line of U.S. #31 as per plans for
I.S.H.C. Project No. St F-222 (9) dated 1973; thence South 78 degrees 38 minutes 19
seconds East, along said right-of-way line a distance of 218.74 feet to a curve
having a radius of 22773.31 feet, the radius point of which bears North 89 degrees
48 minutes 13 seconds West; thence Southerly along said curve and West right-of-
way line of U.S. #31 a distance of 771.69 feet to a point which bears South 87 •
degrees 51 minutes 40 scconds East from said radius point; thence South 02 degrees
08 minutes 20 scconds West along said right-of-way line a distance of 656.61 feet to
a curve having a radius of 23063.31 feet, the radius point of which bears South 87
degrees 51 minutes 40 seconds East; thence Southerly along said curve and West
right-of-way line a distance of 491.51 feet to the North line of a tract of land
conveyed to the Pilgrim Lutheran Church of Indianapolis, Incorporated, recorded
April 15, 1976, per Corporate Warranty Deed in Deed Book 287, pages 832 and 833 •
in the Office of the Recorder of Hamilton County, Indiana, (said point being
North 89 degrees 04 minutes 56 seconds West from said radius point); thence South
89 degrees 06 minutes 10 seconds West along the said North line a distance of
612.98 feet; thence South 00 degrees 08 minutes 07 seconds West a distance of
300.47 feet; thence South 89 degrees 06 minutes 10 seconds West a distance of 45.81
feet to the Beginning Point; thence South 02 degrees 29 minutes 47 seconds East a
distance of 99.79 feet to a curve having a radius of 815.00 feet, the radius point of
which bears South 87 degrees 30 minutes 13 seconds' West; thence Southerly along
the arc of said curve a distance of 172.66 feet to the point of reverse curvature of
a curve having a radius of 1085.00 feet, the radius point of which bears South 80
degrees -21 minutes 28 seconds East; thence Southerly along the arc of said curve a
distance of 179.88 feet to a point which bears North 89 degrees 51 minutes 25
seconds West from said radius point; thence South 00 degrees 08 minutes 35 seconds
West a distance of 132.88 feet to a curve having a radius of 135.00 feet, the radius
point of which bears North 89 degrees 51 minutes 25 seconds West; thence
Southwesterly along the arc of said curve a distance of 211.71 feet to a point
which bears South 00 degrees 00 minutes 00 seconds West from said radius point;
• thence.North 90 degrees 00 minutes 00 seconds West a distance of 313.18 feet to a
curve having a radius of 300.00 feet, the radius point of which bears North 00
degrees 00 minutes 00 seconds West; thence westerly along the are of said curve a
distance of 119.05 feet to a point which bears South 22 degrees 44 minutes 15
scconds West from said radius point; thence North 67 degrees 15 minutes 45
scconds West a distance of 26.05 feet to a curve having a radius of 40.00 feet, the
radius point of which bears North 22 degrees 44 minutes 15 scconds East; thence
Northwesterly along the 'are of said curve a distance of 59.74 feet to the point of
reverse curvature of a curve having a radius of 715.00 feet, the radius point of
which bears North 71 degrees 41 minutes 19 seconds West; thcncc Northerly along
the arc of said curve a distance of 228.51 feet to a point which bears North 90
degrees 00 minutes 00 seconds East from said radius point; thence North 00 degrees s} ,
00 minutes 00 seconds East a distance of 130.55 feet to a curve having a radius of, 4<
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EXHIBIT A
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485.00 feet, the radius point of which bears North 90 degrees 00 minutcs 00
seconds East; thence Northeasterly along the arc of said curve a distance of 422.68
feet to a point which bears North 40 degrees 03 minutes 58 seconds West from said
radius point; thence North 49 degrees 56 minutcs 02 seconds East a distance of
125.79 feet to a curve having a radius of 40.00 feet, the radius point of which
bears South 40 degrees 03 minutes 58 seconds East; thence Easterly long the arc of
said curve a distance of 55.05 feet to the point of reverse curvature of a curve
having a radius of 165.00 feet, the radius point of which bears North 38 degit:es 47'
minutes 13 seconds East; thence Easterly along the arc of said curve a distance of
193.77 feet to the point of reverse curvature of a curve having'a radius of 40.00
• feet, the radius point of which bears South 29 degrees 11 minutes 31 seconds East;
thence Easterly along the arc of said curve a distance of 63.94 feet to the point of
compound curvature of a curve having a radius of 335.00 feet, the radius point of
which bears South 62 degrees 23 minutes 28 seconds West; thence Southeasterly
along the arc of said curve a distance of 146.83 feet to a point which bears North
87 degrees 30 minutes 13 seconds East from said radius point and the Beginning
Point, containing 10.931 acres, more or less.
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