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HomeMy WebLinkAboutApplicationLopez, Alexia K • _ • From: Lopez, Alexia K Sent: Tuesday, September 30, 2014 11:04 AM To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Crediford, Maggie; Duncan, Gary R; Greg Ilko; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lopez, Alexia K; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie S Cc: 'kkohl @signcraftind.com' Subject: Docket No. Assignment: (V) Estridge Sign, Carmel Shopping Center ( #14090014 V) Follow Up Flag: Follow up Flag Status: Completed I have issued the necessary Docket Number for (V) Estridge Sign, Carmel Shopping Center. It is the following: (V) Estridge Sign, Carmel Shopping Center The applicant seeks the following development standard variance for a new wall sign: Docket No. 14090014 V ZO CH: 25.07.02- 04.g.3: Logo limited to 25% of the Sign Area, 100% requested The site is located at 1017 W Main Street and is zoned OM /MU: Old Meridian District /Mixed Use Zone. Filed by Kristen Kohl with Sign Craft Industries on behalf of Estridge Homes. Kristen can be contacted at (317) 842 -8664, or at kkohlPsigncraftind.com. Filing Fees: Development Standards Variance Commercial, Hearing Officer Total Fee $643.00 $ 643.00 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 October 17, 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 5:30 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, October 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, October 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, October 28, 2014 agenda of the Board of Zoning Appeals Hearing Officer Meeting under Public Hearings at 5:30 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 revised List of Adjacent Property Owners from the Hamilton County Auditor's Office. The list submitted does not use the correct parcel number as the subject property. The subject parcel number should be 16-09-25-03-01- 002.000 and the parcel address should be 1017 W Main Street. 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 no later than 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 (signable, mailable green cards). (Note: The return receipt is in addition to sending the notice by certified mail. The return receipt is attached to the notice and then the neighbor must sign it and send it back.) Please provide green signed return receipts (green cards) 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 and adjacent properties. 9. The department is not in support of the sign as a cabinet sign as it does not match the approved sign package for this shopping center. The department could be in support of the variance for 100% logo, but would like the sign to be changed to individual, internally illuminated letters, perhaps on a backer panel, so as to achieve the same look. If you have any questions, please feel free to contact me. Sincerely, Alexia Lopez Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold(cacarmel.in.gov APlease consider the environment before printing this e-mail '• CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $309.50 for the first variance, plus $94,500,16F..--e--w fadditional section of the ordinance being varied. All Other $1,226.50 for the first variance, I 579 for etch additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. 2 1 r DATE RECEIVED: CEP 4 , DOCKET NO. �`�1D�0oly V ' 1) Applicant: Sign Craft Industries Address: 8816 Corporation Drive. Indianapolis. IN 46256 Xt1A, 2) Project Name: Estridge Homes Phone: Engineer /Architect: Phone: Attorney: Phone: Contact Person: Kristen Kohl Phone: 317 - 842 -8664 Email: kkohl(c�signcraftind.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. (c) Other: Sign Installer 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: JR Farmer Finance, LLC Owner's address: 305 22nd Street NW, Delray Beach. FL 33444 Phone: 317- 513 -7790 5) Record of Ownership: Deed Book No. /Instrument No. see attached Page: Purchase date: July 19th, 2012 6) Common address of the property involved: Legal description: see attached Tax Map Parcel No.: - - - 1(fl"2 - oC`5- toy°' 01 --c0Q,, 600 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). Proposing to install a new sign cabinet on the side gable of the existing building. The sign ordinance does not allow for a logo to be more than 25% of the total sign area. Zo og- 9 .3 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance "). The proposed sign will be fabricated consistently with other signs in the area and will provide recognition for a locally established business. 9) Present zoning classification of the property: OM /MU 10) Size of lot/parcel in question: acres 11) Present use of the property: Commercial 12) Describe the proposed use of the property: Commercial 13) Is the property: Owner occupied Renter occupied X 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. N/A 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: 16) If proposed appeal is granted, when will the work commence? 3 -4 weeks from approval 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Sign Craft Industries 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 that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: K'V;U�, I nct,ntcb, SCE, Date: °II 12 3114. 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. • • 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 a • • Iicant to act on my behalf with regard to this application and subsequent hearings and testimony. STATE OF INDIANA SS: County of Ha m.1 1-on Signed: (Pro erty f- wner, Atto ey, • Power of Attorney) Date (ame5 R. Former- (Please Print) (County in which notarization takes place) for 14 YY1 Li-ei (Notary Public's county of residence) (lamer R. Fnrmex (Property Owner, Attorney, or Power of Attorney) 15 day of Sepi-ember ,Mboth Public SEAL Hamilton County, Indiana Commission No.633460 My Commission Exalter; February 29,2020 , Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this 20 i ►� h t 4u-taam Notary Public -- Signature (jI I El Iza be+h V\ I kes Notary Public- Please Print My commission expires: a jc_aq I G Page 6 - fileeame: development standards variance 2014 rev. 1/2/2013 SPECIAL WARRANTY DEED THIS INDENTURE WITNESSETH, that ESTRIDGE INVESTMENT CO., LLP, an Indiana limited liability partnership ( "Grantor "), BARGAINS, SELLS and CONVEYS to J.R. FARMER FINANCE -SC, LLC, an Indiana limited liability company ( "Grantee "), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, certain real estate located in Hamilton County, Indiana, which real estate is described on Exhibit A, attached hereto and incorporated herein by reference, together with all easements and appurtenances thereunto belonging (collectively, the "Real Estate "). SUBJECT TO THE FOLLOWING: 1. All real estate taxes not yet delinquent; and 2. All easements, restrictions, covenants and other matters of record, including any real estate mortgage being assumed by Grantee. 3. All rights of the State of Indiana and any political subdivision of the State of Indiana (including, without limitation, counties and municipalities) in and to that part of the Real Estate which has been taken or used for highways, streets, rights - of -way, drainage, legal drains or any other purposes. 4. All boundary lines disputes, encroachments, overlaps and all other matters that would be disclosed by an accurate survey of the Real Estate. 5. All zoning and land use laws and other applicable ordinances, rules and regulations affecting the Real Estate. Grantor hereby, for itself and its successors and assigns, covenants and agrees with Grantee that Grantor is lawfully seized in fee simple of the Real Estate herein conveyed; that it has good right to sell and convey the same in the manner set forth herein; that Grantor, its successors and assigns shall warrant and defend the same unto Grantee forever against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. The undersigned person executing this deed on behalf of the Grantor, represents and certifies that he is a duly authorized agent of the Grantor and has been fully empowered, by proper appointment of the management to execute and deliver this deed for and on behalf of it; that said company has full capacity to act as said Grantor to convey the Real Estate and that all necessary action for the creation and execution of this conveyance has been done. 1666534.2 IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed this MP/ day of July, 2012. STATE OF INDIANA ) ) SS: COUNTY OF ,. v►aC,‘"torl ) ESTRIDGE INVESTMENT CO., LLP Before me, a Notary Public in and for said County and State, personally appeared Paul E. Estridge, Jr., Partner of Estridge Investment Co., LLP, who acknowledged execution of the foregoing Special Warranty Deed as such officer acting for and on behalf of such limited liability partnership. Witness my hand and Notarial Seal as of this !t+ d WILLIAM B. OLSEN Hamilton County My Commission Expires June 30, 2016 My Commission expires: , Notary Public My County of Residence: Send tax statements to Grantee and return this deed after recording to: 305 NW 22nd Street Delray Beach, Florida 33444 This instrument prepared by: Christopher D. Long, Esq. Krieg DeVault LLP One Indiana Square, Suite 2800 Indianapolis, Indiana 46204 -2079 (317) 636 -4341 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Christopher D. Long KD 1666534.2 2 EXHIBIT A Description of the Real Estate Part of the Southwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana and part of Lot #1 in R.A. Franke's Subdivision as per plat thereof recorded in Deed Record 128, page 197, in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest comer of the Southwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana; thence North 88 degrees 52 minutes 50 seconds East (assumed bearing) 194.00 feet on the North line of said Southwest Quarter to the Northeast corner of the real estate described. in Instrument #88 -01609 in the Office of the Recorder of Hamilton County, Indiana, being the Point of Beginning; thence continuing North 88 degrees 52 minutes 50 seconds East, 350.89 feet on the North line of said Southwest Quarter to a PK nail at the intersection of the Northerly prolongation of the East edge of an existing asphalt parking lot; thence South 00 degrees 29 minutes 02 seconds East, 211.45 feet to a 5/8" rebar w /cap marked LS0012 ( "capped rebar") at a corner of said parking lot; thence South 89 degrees 03 minutes 14 seconds West 70.55 feet to a PK nail at t a comer of said parking lot; thence South 02 degrees 31 minutes 15 seconds East, 96.87 feet to a capped rebar at a corner of said parking lot; thence South 89 degrees 25 minutes 23 seconds West, 11.25 feet to a capped rebar on a line 30 feet East of, as measured parallel with the East wall of an existing one story building; thence South 01 degree 09 minutes 34 seconds East, 191.71 feet to a capped rebar on the South line of Parcel #1 of the real estate described in Deed Record 346, page 236 in said Recorder's Office; thence South 88 degrees 49 minutes 30 seconds West, 300.29 feet on the South line of the real estate described in said Deed Record 346, page 236 to the Southwest corner of Parcel #1 of the real estate described in said Deed Record 346, page 236, being on the East line of Parcel #2 of the real estate described in said Deed Record 346, page 236; thence South 00 08 minutes 50 seconds West 0.70 feet on the East line of Parcel #2 of the real estate described in said Deed Record 346, page 236 to the Southeast corner thereof; thence South 88 degrees 52 minutes 50 seconds West 174.00 feet on the South line of Parcel #2 of the real estate described in said Deed Record 346, page 236 to the Southwest corner thereof, being on the West line of said Southwest Quarter; thence North 00 degrees 08 minutes 50 seconds East 145.03 feet on the West line of said Southwest Quarter to the Southern most comer of Parcel #3 of the real estate described in said Deed Book 346, page 236; the following three (3) courses are on the perimeter of Parcel #3 of the real estate described in said Deed Record 346, page 236; 1) thence North 54 degrees 40 minutes 10 seconds West 167.07 feet; 2) thence North 35 degrees 29 minutes 58 seconds East 101.80 feet; 3) thence North 88 degrees 29 minutes 02 seconds East 77.68 feet to the Northwest comer of Parcel #2 of the real estate described in said Deed Book 346, page 236; thence North 88 degrees 52 minutes 50 seconds East 194.00 feet on the North line of Parcel #2 of the real estate described in said Deed Book 346, page 236, and the Easterly prolongation thereof; thence North 00 degrees 08 minutes 50 seconds East 174.20 feet parallel with the West line of said Southwest Quarter to the Point of Beginning, containing 5.38 acres, more or less. EXCEPT that real estate conveyed to the City of Cannel, Indiana, by Warranty Deed dated November 21, 2003, and recorded December 9, 2003, as Instrument 200300123731, and more particularly described as follows: 1666534.2 • • A part of the Southwest Quarter of Section 25, Township 18 North, Range 3 East and being a part of the land of Instrument Number 9809846594, Office of the Recorder, described as follows: Commencing at the Northwest comer of said Quarter Section; thence North 87 degrees 02 minutes 47 seconds East (assumed bearing) 59.142 meters (194.04 feet) along the north line of said Quarter Section to the prolongation of the west line of the grantor's land; thence South 1 degree 51 minutes 22 seconds East 6.097 meters (20.00 feet) along the prolongation of the west line of the grantor's land to the southern boundary of Main Street being the point of beginning for this description; thence North 87 degrees 02 minutes 46 seconds East 30.952 meters (101.55 feet) along the southern boundary of Main Street; thence South 14 degrees 57 minutes 31 seconds West 14.412 meters (47.28 feet); thence South 87 degrees 27 minutes 33 seconds West 26.779 meters (87.86 feet) to a west line of the grantor's land; thence North 1 degree 51 minutes 22 seconds West 13.523 meters (44.37 feet) along the west line of the grantor's land to the point of beginning and containing 0.0393 hectares (0.097 acres), more or less. 1666534.2 4