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HomeMy WebLinkAboutSign Variance (2) 4000 EAST 96th STREET PROJECT VARIANCE REQUESTED FROM CARMEL SIGN ORDINANCE March 15, 1983 1. A variance is requested in the size of sign permitted for the building frontage on East 96th Street: Size of sign permitted - 35 square feet Size of sign requested - 81 square feet in order to permit the use of a special architectural design of the Tenant's logo to be made a part of the construction of the building. 2. A variance is requested for the size of the sign to be used on Lakeshore Drive: Size of sign permitted - 65 square feet Size of sign requested - 81 square feet in order to permit a special architectural design of the Tenant's logo. V' Variance U 1 Z 9 J Special Use Exception Appeal Please be advised that the CARMRT, BOARD OF ZONING APPEALS meets on at o'clock. Meeting to be held in Please be further advised, it will be necessary and your responsibility to complete the following: /Notify all adjoining and abutting property owners by REGISTERED OR CERTIFIED MAIL of PUBLIC HEARING WITH RETURN RECEIPT REQUESTED. Get RETURNED RECEIPTS of all notified property owners dated at least TEN (10) DAYS prior to PUBLIC HEARING, not including hearing date. Place a LEGAL NOTICE in the Noblesville Daily Ledger at least TEN (10) DAYS prior to the hearing date not to include the hearing date. 4e/ Request from the newspaper TWO (2) PROOFS OF LEGAL NOTICE PUBLICATION. 3! Complete in FULL the enclosed affidavits and all necessary supporting information. YOU or YOUR REPRESENTATIVE will bring all supporting information to the office of THE DEPARTMENT OF COMMUNITY DEVELOPMENT 'TWELVE (12) DAYS prior to the Board meeting. ALL AFFIDAVITS, NEWSPAPER PROOF, AND RETURNED RECEIPTS MUST BE in the OFFICE OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT no later than TWO (2) days prior to the date of hearing and during regular office hours (8:00-12:00 - 1:00-4:30) . TWELVE (12) copies of an- -1-1" location map of the site, property or lot under consideration. Sincerely /� /-N►4 * Reviewed and Checked Date: Comments: * per Art. IV No. 1 BZA Rules of Procedure 1983 Revised: 2/10/83 CE{ L BOARD OF ZONING APPEALS MINUTES = MARCH 28, 1983 page 7 14 9h. 7:30 P.M. , Public Hearing on Docket No. S 11-83, Sign Variance Application for Marbaugh Engineering and Supply Co. , Inc. Request involves logo which exceeds 25% limit for logos and results in overall sign size which exceeds ordinance. (See Carmel Sign Ordinance, Section 25.7.04-lb and 25.7.02 Identification Sign) . Allowed: East Front - 60 square ft. South Front - 35 sq. ft. Requested: East Front - 81 sq. ft. South Front - 81 sq. ft. Filed by G. William Armstrong for Marbaugh Engineering & Supply Co. , Inc. The hearing were head at the same time and voted on.seiaraattely. G Present were Mr. G. William Armstrong and Mr. Chris Brandt. The public hearing opened at 10:06 P.M. with Mr. Armstrong making the presentation. Mr. Armstrong showed an architectural drawing of 96th St. and Lakeshore Drive N.W. corner. Site plans were passed out to members of the Board. Plans were shown of strccts for the widening of 96th St. Zoning on this site is B-3, zoning surrounding the site both east and west is also B-3 as well as on the north, south and across the street in Marion County is zoned for a Research and Industrial Park. There will be two entrances off Lakeshore Dr. The front of the building will front on Lakeshore Drive, one service drive off 96th will be sign designated as service drive only and will carry limited traffic. Parking for employees will be in rear of building there will be 121 parking spaces provided for office and warehouse. Mr. Armstrong said coverage by buildings is 29,410 sq. ft. Trash and material storage will be provided in the rear. Drainage was explained by Mr. Armstrong. He stated their drainage plans meets with I the requirements of the 100 year Flood which the TAC has seen and approved. Locations of both on-site and off-site utilities were shown. I Mr. Armstrong said the buildings will have sprinklers. Mr. Armstrong explained the lighting on the site. Also, Mr. Armstrong said the Landscaping Plans were reviewed by TAC and since the TAC review they have made one significient change dealing with the screening of the truck dock area. Mr. Armstrong said he had talked with Mr. Mark Wade, 3585 Tahoe Road, Briar Lane Estates Neighborhood Association, who expressed concern that the trucks might present a view that wasn't copesetic to the neighbor to the north and they have agreed to have five trees to totally screen the truck area and that Mr. Kiphart had consulted with them on this matter. Mr. Armstrong showed roof plans and the elevation of the building. Mrs. Litvan requested that Mr. Armstrong give the basic sign package. Mr. Armstrong asked to amend request for one of the signs on Lakeshore Drive. He explained the logo, sign and color. Mr. Mark Wade, 3585 Tahoe Rd. Briar Lane Estates spoke in opposition for the neighborhood association. He read a letter in terms of a petition which is signed by residents of this area and if addressed adequately will not be submitting as a petition. These concerns were for the safety of the children and residents in the neighborhood and the concern for the value of property. Another concern was the warehouse structure with loading docks capable of accommodating 18 wheeler semi tractor trailer trucks at the intersection of 96th St. and Lakeshore Drive. The fact that the location is less than two blocks south of a residential area containing families with younger children, and homes valued in the range of $96,000. to $150.000. The fact the owner intends to lease section of warehouse to other persons whose identity and manner of use of these premises is unknown. Noise, pollution, increased traffic which would discourage profession groups from locating their offices in this area. Also a complete screening of the area and something that would be immediate. Mr. Hamer Peterson, Owner and Developer of 197 acres on south side of 96th Street asked Mrs. Litvan to explain Special Exception. 148 CARMEL BOARD OF ZONING APPEALS MINUTES...- MARCH 28, 1983 Page 8 Mr. Peterson expressed concern about process of designing building zero attention on east side and concerned about the elevation looking north., Mr. Noel Summers, 3824 Wolf Creek Circle, spoke in opposition. He asked the Board to deny this application expressing concern for trucks and does not think streets are designed for access going through residential area. On the lighting issue his back yard would be facing this project and is concerned about how much lighting would be emitted. Mr. Armstrong addressed all of these concerns relating to screening, traffic, sign program and lighting. Public hearing closed at 11:00 P.M. Mr. Harry Bauer, Bauer Industrial Park was present. Mrs. Litvan said to Mr. Bauer she thought the entire B-3 area should be buffered from the adjoining residential area and what plans they might have along these lines. Mr. Bauer said the ground was zoned for farming and B-3 zoning and that is one reason there had never been any trees put along the north side of the ground and when land was sold off that the Board of Zoning Appeals requested the right kind of buffer be put in behind the building. Mr. Bauer said this summer he intended to put up a 30 foot buffer along the north side. He said at the time this ground was zoned there were no homes there. Mrs. Litvan told Mr. Bauer it was his responsibility to put up buffer. She suggested Mr. Bauer work with Mr. Kiphart on this matter. Mr. Armstrong said they would request of the City Council for permission to put up a designated sign to direct traffic in the right direction. He said they would find out about their legal rights and request the City Council to help. Mr. Ross moved that Variance V 12-83, for Marbaugh Engineering and Supply Co. for a logo which exceeds the Sign Ordinance be approved as submitted with the condition sign request for the east elevation of the building is withdrawn from the petition and will conform to the Sign Ordinance. Seconded by Mrs. Skeens. Findings of Fact forms were completed by members and Mrs. Litvan stated there was a "no decision" vote 4 for and 3 against. Mrs. Litvan said this allows for a return to the Board, upon written request, to have this voted on a second time. This vote neither approved nor denied your request. Mrs. Book moved Docket V 11-83 Special Exception concerning the sales area, general office space and enclosed warehouse storage space be approved as requested contingent upon the final landscape plan being returned to the Board for approval and that approval requires additional brick facing on the west elevation. Seconded by John Ross Finding of fact forms were colleted by members and the vote was unanimous for approval. Mr. Litszinger moved to adjourn. Mr. Ross seconded to adjourn. Adjourned. CHAIRMAN ACTING SECRETARY PROOF OF PUBLICATION State of Indiana, ss: County of Hamilton, Before me, a Notary Public in ;fid f ct the C,ic ty ir ' n and State of Indiana, personally appeared who being appeared/ sworn upon his oath, deposes and NOTICE OF PUBLIC HEARING that he is Publisher of the Noblesville BEFORE THE CARMEL BOAR D says, OF ZONING APPEALS Daily Ledger, a newspaper of general dr- Docket No.V-12-83 Notice is hereby given that the Board of Zoning Appeals, meeting on the 28th culation in Hamilton County, State of Indi- day of March at 7:30 P.M., in the City ana, printed in the English language and Meeting Hall, 15 First Avenue N.E., Carmel,Indiana 46032 will hold a Public printed and published daily in the city of Hearing upon a Sign Variance ap- plication for Marbaugh Engineering and Noblesville, Hamilton County, State of Indi- Supply to located4000 E. 96th ana, and that said Noblesville Daily Ledger Street to allowlogo a logo which exceeds 25 percent allowable and increases sign has been published continuously for more area to exceed allowable (Ord. Z-160, Sec. 25.7 .04-16, also Sec. 25.7 .02 idea- than five years last past, in said county tification sign)property being known as 4000 East 96th Street. and state;• that the Notice of publication, a The application is identified as Docket No. -,2-93 The Real Estate affected by said true copy of which is hereto annexed was application is described as follows: duly published in said newspaper, for Part of the South Half of the Southwest J Quarter of Section 8,Township 17 North, / Range 4 East in Clay Township, weeks (insertions, successively) Hamilton County,Indiana,described as follows: which publications were made as follows: �-�//�//)/3 � �1 {rte Beginning on the Sectouth line8,of the J l i_C6C � i l of' s SouthwestNorth, Quarter of East n Town- 7____L� v ship 17 Norih,.Range 4 East 1010.00 feet --- — — North 90 degrees 00 minutes 00 seconds East (assumed bearing) from the Southwest corner of said Southwest - Quarter; thence North 90 degrees 00 minutes 00 seconds East on said South I line 190.00 feet to the Westerly right-of- way line of Lakeshore Drive-extended Southerly to said South line; thence North 00 degrees 00 minutes 00 seconds on said right-of-way line 150.00 feet to the And that all of said publications were point of curvature of a curve to the right having a radius of 380.00 feet; thence made in fu, compliance wit the law. on saidNortheasterly on said acof y1 0.line said curve,an arc distance of feet to the point of tangency of said .T__ .„,,,,.....e curve; thence North 25 degrees 45 minutes 35 seconds East on said right-of- S/ 9.scribed and sworn to before me this way line tangent with said curve 100.00 t (�/�// -, l9 ,ti= feet to the point of curvature of a curve day of.� ' " 7�C - C"--/� to the left having.a radius of 320.00 feet; , . thence Northeasterly on said right-of- C--C. C- - �( way line on said curve,an arc distance ', --c.'- _ of 129.58 feet to a point 530.00 feet North 00 degrees 00 minutes 00 seconds of said ����� 4:1}�if f'‘ Not Pub c South line; thence South 90 degrees 00 (Seal.) minutes 00 seconds West parallel with �..7 said South line 302.70 feet to a point on a My commission expires 1 / line which bears North 00 degrees 00 minutes 00 seconds from the place of - ,�` / beginning; thence South 00 degrees 00 Publisher's Fee, $ ' ` minutes 00 seconds on said line 530.00 feet to the, ce of less,beginning,containing _ ,^ ' / T 2.772 acres,more or less. } 7,.L .5i /a.--i-2- ty-,c) Subject to right-of-way of 96th Street v�'_ ��/""" along tthe ontaeSoutherly side thereof rRig t-s ✓ ��,f. granted to Hamilton County,per Right- (/ of-Way grant recorded in Deed Record 207, page 136 and to all other legal easements and rights-of-way. All interested persons desiring to present their views on the above ap- plication,either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. 4000 East 96th Street Project, An In- diana Partnership • G. William Armstrong, General Partner Petitioners Mar.18 PROOF OF PUBLICATION State of Indiana, ss: County of Hamilton, Before me, a Notary Public in a . for he Coi5ty o+f i ilt n and State of Indiana, personallyappeared _ who being r. , y sworn upon his oath, deposes and NOTICE OF PUBLIC HEARING says, that he is Publisher of the Noblesville BEFORE THE CARMEL BOARD I OF ZONING APPEALS Daily Ledger, a newspaper of general cir- Docket No.v-12-83 Notice is hereby given that the Board culation in Hamilton County, State of Indi- of Zoning Appeals, meeting on the 28th day of March at 7:30 P.M., in the City ana, printed in the English language and el, Hall, 15 First Avenue N.E., printed and published daily in the city of Carmel,Indiana 46032 will hold a Public Hearing uponr M a Sign Vargin erce ap- Noblesville, Hamilton County, State of Indi- plicationforMarbaugh Engineering and Supply to be located at 4000 E. 96th Street to allow a logo which exceeds 25 ana, and that said Noblesville Daily Ledger percent allowable and increases sign has been published continuously for more area to exceed allowable (Ord. Z-160, Sec. 25.7 .04-16, also Sec. 25.7 .02 idea- than five years last past, in said county tification sign)property being known as 4000 East 96th Street. and state; that the Notice of publication, a The application is identified as Docket No. -1283 true copy of which is hereto annexed was The Real Estate affected by said application is described as follows: duly published in said newspaper, for Part of the South Half of the Southwest /Quarter of Section 8,Township 17 North, i Range 4 East in Clay Township, weeks (insertions, successively) Hamilton County,Indiana,described as which publications were made as follows: follows: Beginning on the South line of the �-,^t{ / r` / sJ Southwest Quarter of-Section 8, Town- �IL�j /Y 1) d" d ship 17 North,Range 4 East 1010.00 feet /- North North 90 degrees 00 minutes 00 seconds East (assumed bearing) from the Southwest corner of said Southwest Quarter; thence North 90 degrees 00 minutes 00 seconds East on said South line 190.00 feet to the Westerly right-of- way line of Lakeshore Drive extended Southerly to said South line; thence North 00 degrees 00 minutes 00 seconds on said right-of-way line 150.00 feet to the And that all of said publications were point of curvature of a curve to the right made i ull - mplia Wlt + e l having a radius of 380.00 feet; thence Northeasterly on said right-of-way line on said curve,an arc distance of 170.85 4•14.•4•14.• a /G•• � feet to the point of tangency of said curve; thence North 25 degrees 45 Subi. ibed and sworn to before me this minutes 35 seconds East on said right-of- way line tangent with said curve 100.00 % Cc --L to the point of curvature of a curve I day o _ w'L' 19_1 to the left having a radius of 320.00 feet; , __. thence Northeasterly on said right-of- , ; C� way line on said curve,an arc distance r ` ��L,c� 2�/ of 129.58 feet to a point 530.00 feet North �� � „- 00 - Ulf 00 degrees 00 minutes 00 seconds of said `- Cl. %x- Notary Public. South line; thence-South 90 degrees 00 minutes 00 seconds West parallel with (Seal.) said South line 302.70 feet to a point on a My commission expires /j /— Y-- J'...5line which bears North 00 degrees 00 minutes 00 seconds from the place of / / beginning; thence South 00 degrees 00 _ ,Publisher's Fee $ L 6 minutes 00 seconds on said line 530.00 ! feet to the place of beginning,containing / � , 2.772 acres,more or less. ,ek_42--�i_,--i> /y.-_, �' -C'�� Subject to right-of-way of 96th Street �(//� along SooCoysideter eofRig t-s . �lLy„� j granted to Hamilton County,per Right- ., ”--C��U of-Way grant recorded in Deed Record 207, page 136 and to all other legal easements and rights-of-way. All interested persons desiring to present their views on the above-ap- plication,either in writing or verbally, will be given an opportunity to be hear,- at the above mentioned time and place. 4000 East 96th Street Project, An I diana Partnership G. William Armstrong, Genf Partner Petitioners M +�f REVISED PH 9/82 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL PLAN CCMMISSION and BOARD OF ZONING APPEALS I (We) G. William Armstrong, General Partner, 4000 East 96th Street Street .ProjeasiND HEREBy CERTIFY THAT NOTICE OF PUBLIC HEARING OF THE Board of Zoning Appeals WILL CONSIDER Docket Number , being the application of 4000 E. 96th Street Project, An Indiana Partnership was registered and mailed at least TEN (10) days prior to the date of the Public Hearing, to the last known address of each of the following persons: OWNER'S NAME ADDRESS Jesse Dawson and American National Bank & Trust Co. 3555 E. 96th Street, Indianapolis, In 46260 Bauer Family Commercial dark, Inc. 3710 East 96th Street, Indianapolis, In 46240 Martha Daugherty & Olive Carpenter 8825 River Road, Indianapolis, In 46240 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF INDIANA HAMILTON COUNTY, SS: The undersigned having been duly sworn, upon oath, says that the above information is true and correct and he is informed and believes. 4000 East 96th Street Project, An Ind,.ana Partnership ure of Petitioner G. William Armstrong, General Partner SUBSCRIBED AND SWORN TO BEFORE ME THIS 15 DAY OF MARCH 19 83 r • Notary Public GLOVIA Y. QUERY MY OMISSION EXPIRES: OCTOBER 1, 1984 RESIDE IN: MARION COUNTY * * * * * * * * * * *•* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REGISTERED MAIL RECEIPTS OF NOTIFICATIONS MUST ACCOMPANY THIS AFFIDAVIT. • Part of the South Half of the Southwest Quarter of Section 8 , Township 17 North , Range 4 East in Clay Township , Hamilton County , Indiana , described as follows : Beginning on the South line of the Southwest Quarter of Section 8 , Township 17 North , Range 4 East 1010. 00 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) from the Southwest corner of said Southwest Quarter ; thence North 90 degrees 00 minutes 00 seconds East on said South line 190.00 feet to the Westerly right-of-way line of Lakeshore Drive extended Southerly to said South line ; thence North 00 degrees 00 minutes 00 seconds on said right-of-way line 150.00 feet to the point of curvature of a curve to the right having a radius of 380.00 feet ; thence Northeasterly on said right-of-way line on said curve , an arc distance of 170.85 feet to the point of tangency of said curve ; thence North 25 degrees 45 minutes 35 seconds East on said right-of-wayline tangent with said curve 100.00 feet to the point of curvature of a curve to the left having a radius of 320.00 feet ; thence Northeasterly on said right-of-way line on said curve , an arc distance of 129. 58 feet to a point 530.00 feet North 00 degrees 00 minutes 00 seconds of said South , line ; thence South 90 degrees 00 minutes 00 seconds West parallel with said South line 302. 70 feet to a point on a line which bears North 00 degrees 00 minutes 00 seconds from the place of beginning ; thence South 00 degrees 00 minutes 00 seconds on said line 530.00 feet to the place of beginning , containing 2 . 772 acres , more or less . . Subject to the right-of-way of 96th Street along the entire Southerly side thereof as granted to Hamilton County , per Right-of-Way Grant recorded in Deed Record 207 , page 136 and to all other legal easements and rights-of-way. I , theundersigned, hereby certify that the within plat represents a survey of the above described real estate and that corners were located and marked as indicated . Certified March 3 , 19831.0' Li trr"�,, • Allan H. Weihe , Reg . .S. -Indiana #10398 � � t ti I .e,,��-) y��� ,, �. , Auditor of Hamilton County, Indiana, certify tha the attached affidavit is a true and coniplete listing of adjoining and abutting property owners as related to Docket No. O0LC jt4 L CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: i/-12 83 Petitioner: 4000 East 96th Street Project, An Indiana Partnership FINDINGS OF FACT - VARIANCE 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 signs will face commercially zone. a,. .. ,. .-,, .- -d," 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The signs are architecturally pleasing. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The adjacent land is zoned commercially. 4. The need for the variance arises from a natural condition peculiar to the - ' subject property because: The size of the sign is controlled by the amount of frontagQ mFast 96th Street and Lakeshore Drive .b ' .. • • • .• cases*_. the Tenant will occupy le, the buil in ands permitted signs only ro_ thelimit of its frontage. 5. The granting of this variance does not substantially interfere with the Carmel-Clay Comprehensive Plan because: No rezoning is requested and the use falls within current zoning regulations. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance Docket No. 17--/2. 8'3 is (not) 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 o2.O day of M ielaCk , l98 .3 . A'i'1i ST: SECRETARY, Carmel Board of CHAIRMAN, Board of Zoning Appeals Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: /7-- lZ- 8 g Petitioner : I/i{ i 4U& f. FINDINGS OF FACT - VARIANCE 1 . 3 41 — -- — DATED this Zig day of .114+_. , 1983. i • i „��7;ra__ Be RD MEMBER j Form of fective , April , 1982 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: '/ j7. 3 Petitioner : 1-ow C,(1/1 ) FINDINGS OF FACT - VARIANCE 1 . 2 . 3 . 3 . DATED this day of Y2142 • 1 ,8 3. BOARD MEMBE Form effective , April , 1982 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: 1/4 --/ 2__ --1 -13 Petitioner : 4a2e., /��� _r -iced FINDINGS OF FACT - VARIANCE 1. L . 3 . 4 . DATED this di,�,�, day of � � , 1983 BOARD MEMBER Form effective , April , 1982 CARMEL BOARD OF ZONING APPEALS � �2 CARMEL, INDIANA Docket No: 1/ ,1 �z d i Petitioner : G,tA,u7A FINDINGS OF FACT - VARIANCE 1 . L . 3 . 4 . 5 . DATED this 74 day of 198 3 I Ira / C. _ .:ARI MEMB2R Form effective , April , 1982 CARMEL BOARD OF ZONING APPEALS �/ �1 CARMEL, INDIANA Docket No: V � 9 0 tt3 Petitioner : fz't,OQ A jj;,vwi,tfj FINDINGS OF FACT - VARIANCE 1 . 2 . 3 . 4 . 7 . DATED this cg(; day of i//( tC`/ _.__. , 198 BOARD MEMBER Form effective , April , 1982 CARMEL BOARD OF ZONING APPEALS �hiCARMEL, INDIANA Docket No: V — /2 —e573, Petitioner : L DOD .,: �!' , • FINDINGS OF FACT - VARIANCE 1 . 3 . 4 . DATED this :2-A7-- day of 4PLeft , 1 9t . 411. / i B''ARD MEMBER Form effective , April , 1982 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: Petitioner : 46 6"_, FINDINGS OF FACT - VARIANCE 1 . L . 3 . • DATED this .fie _ day of , 1983. BOA MEMBER Form effective , April , 1982