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HomeMy WebLinkAboutApplication CITY OF CARMEL – BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEE:Single Family (Primary Residence) $333.00 for the first variance, plus $101.00 for each additional section of the ordinance being varied. All Other $1,324.00 for the first variance, plus $625.00 for each additional section of the ordinance being varied. OR,see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED: February 24, 2017 1)Applicant: Atapco Carmel, Inc., Attn: David Lazas Address: 630 W Carmel Dr, Ste 135, Carmel, IN 46032 Phone: (410) 347-7185 2) Project Name: Atapco – Lakeside Green Tenant Wall Signs Engineer/Architect: Not Applicable Attorney: Jim Shinaver Phone: (317) 844-0106 Email: jims@nf-law.com Contact Person: Jon C. Dobosiewicz Phone: (317) 844-0106 Email: jon@nf-law.com 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: 5) Record of Ownership: Deed Book No./Instrument No.: 6) Common address of the property involved: 645 W Carmel Dr Legal description: See “Exhibit A” Tax Map Parcel No.: 16-09-36-00-02-005.000 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 “A”. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). See Exhibit “A”. 9) Present zoning of the property (give exact classification): Atapco Redevelopment PUD (Z-581-13) 10) Size of lot/parcel in question: approximately 7.79 acres Atapco Lakeside Green - Variance Application 022317 11) Present use of the property: General Office 12) Describe the proposed use of the property: General Office 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. No 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 newspaper according to the Chart on Page 5 a MANDATORY twenty (20) 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) FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty (20) 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 (20) 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: See Signature page 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. Atapco Lakeside Green - Variance Application 022317 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: V Petitioner: Atapco Carmel, Inc. 1. __________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 2. _________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 3. _________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DATED THIS ____ DAY OF ____________, 2017. __________________________________________________ Board Member Atapco Lakeside Green - Variance Application 022317 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: ______________________ Petitioner: Atapco Carmel, Inc. 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 “A”. 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 “A”. 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 “A”. DECISION 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 __________________, 2017. _________________________________________ __________________________________________ 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). Atapco Lakeside Green - Variance Application 022317 EXHIBIT “A” EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES and FINDINGS OF FACT Requested Variances: A.Lakeside Green – Tenant Wall Sign The applicant seeks approval of a variance form Section 25.07.02-04(e)(9)(a) of the sign ordinance, to allow a tenant (without street frontage on Guilford Road and /or Carmel Drive) a wall sign on the building façade facing Guilford Road and /or Carmel Drive. Approval of the variance would allow (i) no more signs along the Guilford Road and Carmel Drive street frontages than illustrated on the “Building Mounted Signs” exhibit (see attached) and (ii) no more than one sign per street frontage for any tenant. 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 approval of the variance would not alter the permitted location of signs oriented toward Guilford Road and / or Carmel Drive as illustrated on the attached Building Mounted Signs exhibit. 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 approval of the variance would not alter the permitted location of signs oriented toward Guilford Road and / or Carmel Drive as illustrated on the attached Building Mounted Signs exhibit and therefore have no adverse impact on the use and value of the area adjacent to the subject property. 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 approval of the variance, the Applicant will be unable to properly and adequately identify major building tenants, which may lack street frontage, a wall sign facing Guilford Road and / or Carmel Drive in a manner consistent with permitted wall signs for other building configurations. The proposed variance will assist in providing proper identification for major building tenants and result a total number and configuration of wall signs that would otherwise be permitted if the building were occupied by several smaller individual tenants. Atapco Lakeside Green - Variance Application 022317 Carmel Drive SITE Guilford Road NORTH Lakeside Green Building Site Location Map / Aerial Photograph VE RMEL DRI CA 421'-4" 15'-0"20'-0"20'-0"15'-0"25'-0"25'-0"25'-0"25'-0"25'-0"31'-4"25'-0"25'-0"25'-0"25'-0"25'-0"15'-0"20'-0"20'-0"15'-0" 12'-6"12'-6"12'-6"12'-6" 25'-0" 25'-0" 25'-0" 25'-0" 220'-0" 25'-0" 25'-0" 25'-0" 10'-0" 20'-0" 15'-0" 195'-0"195'-0" 655 WEST CARMEL DRIVENEW LOBBY CONNECTOR645 WEST CARMEL DRIVE Building Footprint - 62,471 s.f. Combined Buildings First Floor Building Height - 18'-6" Carmel Lakeside Guilford & Carmel Drive Carmel, Indiana December 5, 2014 14041 5.0Tower Type ATower Type BBBBA Address BBA Tower Type C Building Mounted LAKESIDE GREEN BUILDING Signs 4.0 NOTE: 1. Signs are to be Pin Mounted Letters. 2. Signs are to be Halo Lit. 3. Signs shall be mounted with Stand Off Pin Mounted Attachement. 4. Logo may not exceed 25% of the pro- posed sign area. Note: Tower Type ATower Type B Sign area width 85% of spandrel panel max. Sign area height 70% of spandrel panel max. Tower Type C Building Mounted Signs 4.0 Atapco Guilford Carmel BZA Hearing Officer Schedule (February 13, 2017) 02/24/17 - NF File BZA Hearing Officer Application 03/07/17 - NF email paper by 10:00 am BZA notice to publish 03/14/17 - Paper publishes Notice 03/17/17 - NF Mail Notice and Post Sign for BZA Hearing Client Pay Filing Fee Noon NF submit Staff BZA Hearing Officer Informational Brochures 03/24/17- NF file Proofs of Notice with Staff *03/27/17 - 5:30 p.m. BZA Hearing Officer Meeting for Building Height Issue *indicates a hearing CITY OF CARMEL – BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEE:Single Family (Primary Residence) $333.00 for the first variance, plus $101.00 for each additional section of the ordinance being varied. All Other $1,324.00 for the first variance, plus $625.00 for each additional section of the ordinance being varied. OR,see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED: February 24, 2017 1)Applicant: Atapco Carmel, Inc., Attn: David Lazas Address: 630 W Carmel Dr, Ste 135, Carmel, IN 46032 Phone: (410) 347-7185 2) Project Name: Atapco – Lakeside Green Tenant Wall Signs Engineer/Architect: Not Applicable Attorney: Jim Shinaver Phone: (317) 844-0106 Email: jims@nf-law.com Contact Person: Jon C. Dobosiewicz Phone: (317) 844-0106 Email: jon@nf-law.com 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: 5) Record of Ownership: Deed Book No./Instrument No.: 6) Common address of the property involved: 645 W Carmel Dr Legal description: See “Exhibit A” Tax Map Parcel No.: 16-09-36-00-02-005.000 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 “A”. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). See Exhibit “A”. 9) Present zoning of the property (give exact classification): Atapco Redevelopment PUD (Z-581-13) 10) Size of lot/parcel in question: approximately 7.79 acres Atapco Lakeside Green - Variance Application 022317 11) Present use of the property: General Office 12) Describe the proposed use of the property: General Office 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. No 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 newspaper according to the Chart on Page 5 a MANDATORY twenty (20) 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) FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty (20) 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 (20) 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: See Signature page 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. Atapco Lakeside Green - Variance Application 022317 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: V Petitioner: Atapco Carmel, Inc. 1. __________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 2. _________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 3. _________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DATED THIS ____ DAY OF ____________, 2017. __________________________________________________ Board Member Atapco Lakeside Green - Variance Application 022317 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: ______________________ Petitioner: Atapco Carmel, Inc. 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 “A”. 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 “A”. 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 “A”. DECISION 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 __________________, 2017. _________________________________________ __________________________________________ 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). Atapco Lakeside Green - Variance Application 022317 EXHIBIT “A” EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES and FINDINGS OF FACT Requested Variances: A.Lakeside Green – Tenant Wall Sign The applicant seeks approval of a variance form Section 25.07.02-04(e)(9)(a) of the sign ordinance, to allow a tenant (without street frontage on Guilford Road and /or Carmel Drive) a wall sign on the building façade facing Guilford Road and /or Carmel Drive. Approval of the variance would allow (i) no more signs along the Guilford Road and Carmel Drive street frontages than illustrated on the “Building Mounted Signs” exhibit (see attached) and (ii) no more than one sign per street frontage for any tenant. 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 approval of the variance would not alter the permitted location of signs oriented toward Guilford Road and / or Carmel Drive as illustrated on the attached Building Mounted Signs exhibit. 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 approval of the variance would not alter the permitted location of signs oriented toward Guilford Road and / or Carmel Drive as illustrated on the attached Building Mounted Signs exhibit and therefore have no adverse impact on the use and value of the area adjacent to the subject property. 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 approval of the variance, the Applicant will be unable to properly and adequately identify major building tenants, which may lack street frontage, a wall sign facing Guilford Road and / or Carmel Drive in a manner consistent with permitted wall signs for other building configurations. The proposed variance will assist in providing proper identification for major building tenants and result a total number and configuration of wall signs that would otherwise be permitted if the building were occupied by several smaller individual tenants. Atapco Lakeside Green - Variance Application 022317