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HomeMy WebLinkAboutCorrespondence RECENEf DEG 2 4 COOTS, HENKE & WHEELER PROFESSIONAL CORPORATION COUNSELLORS AT LAW 255 EAST CARMEL DRIVE CARMEL, INDIANA 46032 TELEPHONE 844-4693 DAVISE. COOTS December 23 , 1986 AREA CODE 317 STT EVEN H. HENKE JAMES K. WHEELER STEVEN J. MOSS JOHN H. KAHLE JEFFREY 0. MEUNIER Mr. Charles E. Kiphart Dept. of Community Development 40 East Main Street Carmel , IN 46032 RE: J. C. Carr Our File No: 2878 Dear Chuck: Having received Gordon Byers' letter addressed to you con- cerning Board of Zoning Appeals' activity, I would request that J. B. Carr' s sign variance application be placed on the January 26, 1986 Board of Zoning Appeals' agenda. Very truly yours, COOTS, HENKE & WHEELER kilitt••• E. Davis Coots EDC:pak cc: J. B. Carr Mark Swanson COOTS, HENKE & WHEELER PROFESSIONAL CORPORATION COUNSELLORS AT LAW 255 EAST CARMEL DRIVE CARMEL, INDIANA 46032 E. DAVIS COOTS TELEPHONE 844-4693 STEVEN H. HENKE December 23 , 1986 AREA CODE 317 JAMES K. WHEELER STEVEN J. MOSS JOHN H. KAHLE JEFFREY O. MEUNIER Mr. Charles E. Kiphart Dept. of Community Development 40 East Main Street Carmel , IN 46032 RE : J. C. Carr Our File No: 2878 Dear Chuck: Having received Gordon Byers' letter addressed to you con- cerning Board of Zoning Appeals' activity, I would request that J. B. Carr's sign variance application be placed on the January 26, 1986 Board of Zoning Appeals' agenda. Very truly yours, COOTS, HENKE & WHEELER E. Davis Coots EDC:pak cc: J. B. Carr Mark Swanson COOK & BYERS ATTORNEYS AT LAW 72 SOUTH NINTH STREET NOBLESVILLE, INDIANA 46060 STEPHEN W. COOK GORDON D. BYERS TELEPHONE (317) 773-5522 December '17, 1986 Mr. Chuck Kiphart Mr. Dave Coots City of Carmel 40 East Main Street Carmel, Indiana 46032 Gentlemen: In review of the issue of whether or not any official action took place at the November meeting of the Carmel Board of Zoning Appeals, I have determined the following: that before any official action can take place three votes are needed in either the affirmative or negative. The applicable statutes through which I have made my decision are the following: I .C. 36-7-4-9-10 Board of Zoning Appeals quorum whereby the law states that a quorum consists of a majority of the membership, majority being three. I .C. 36-7-4-9-11 Board of Zoning Appeals; official action whereby it states the action of the Board of Zoning Appeals is not official unless it is authorized by a majority of the entire membership of the Board, the majority there being three members. Therefore, based upon the review of the applicable law it is my determination that three votes were needed to in the affirmative or negative to constitute official action and those who didn' t receive those three votes one way or another should be placed back on the agenda at the next available meeting. If you have any questions or concerns please feel free to contact me. Very truly yours, COOK & :I Gordon : er. Attorney at L- GDB:h Enclosure CARMEL BOARD OF ZONING APPEALS CARMEL , INDIANA DOCKET NO - \/ CJ PETITIONER : ` FINDINGS OF FACT -- DEVELOPMENTAL STANDARDS VARIANCE 1. 2. 3. 4 /I DATED THIS 02 / DAY OF �w L� 1986 BOARD MEMBER 5 / 86 CARMEL BOARD OF ZONING APPEALS CARMEL , INDIANA DOCKET NO _ PET IT I ON ER : g ifa FINDINGS OF FACT -- DEVELOPMENTAL STANDARDS VARIANCE 1. 2. 3. �, .�'/l% �(� �1L,_'► r � DATED r21-1I S alb DAY OF. 1 9 8 6 BOARD MEMBER 5 / 86 CARMEL BOARD OF ZONING APPEALS CARMEL , INDIANA DOCKET NO . V 1`-t 2 L PETITIONER51„, ( ),/,__ ,-, FINDINGS OF FACT -- DEVELOPMENTAL STANDARDS VARIANCE 1. 2. 3. 1,047-6"/zdi4 25/A-T/NvC 17' /(D -.- P&-, ' 7- 6 DATED THIS J4 j DAY OF ij;4t4/!1% 1986 BOARD MEMBER 5 / 86 CARNTF'T, BOARD OF ZONING APPEALS CARMEL, INDIANA DOCKET NO: V `714-Y , PiTlTIONER: James B. Carr, D.D.S. FINDINGS OF FACT - VARIANCE. 1. The grant of this variance will not be contrary to the public int-Prest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: the sign ordinance provides that businesses located on double frontage lots are permitted two identification signs, but - only one sign shall face any particular property frontage. Applicant has a wall sign which can be seen from the same direction as the proposed ground 2. The grant of this variance will not be injurious to the public health, safety, morals sign and general welfare of the corm-unity because: the requested variance is a slight deviation from sign ordinance 25 . 7. 04-1 (b). 3. The use or value of the area adjacent to the subject property will not be substan- tially affected in any adverse manner because: the sign is unobstrusive and complements the general character of the area. 4. The need for the variance arises from a natural condition peculiar to the subject because: the office building sits on a curve in the street and applicant currently has a small wall sign near the door of his ottice building. 5. The granting of this variance does not substantially interfere with the Carmel- Clay Crehensive Plan because: it does not materially alter the plan in any way. • * DECISION * IT IS \ REFO /the ion of the Carmel Board of Zoning Appeals that Variance Docket No. V 1-1" 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 day of 198 ATTEST: • SES, Cantel Board of CHAIRMAN, Board of Zoning Appeals Zoning Appeals ****CONDITIONS, IF ANY ARE LISTED ON BACK. (P1: .LTIONER OR HIS (HER) REPRESENTATIVE TO SIGN) 1/17/84 REVISED JN 1/84 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL PLAN COMMIISSION and BOARD OF ZONING APPEALS I GE) DO HEREBY CERTIFY THAT NO'T'ICE OF PUBLIC HEARING OF THE WILL CONSIDER Docket Number , was registered and mailed at least ten (10) days prior to the date of the Public Hearing to the belga listed adja- cent property owners: OWNERS' NAME . ADDRESS • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF INDIANA COUNTY, SS: The undersigned having been duly sworn, upon oath, says that the above informa- tion is true and correct and he is informed and believes. Signature of Petitioner SUBSCRIBED AND SWORN TO RV ORE ME THIS DAY OF 19 Notary Public MY COMMISSION EXPIRES: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SIGNATURES OF '10 •Ma+ PROPERTY OWNERS MUST BE SUBMITTED ON THIS AFFIDAVIT.