HomeMy WebLinkAboutApplicationCITY OF CARMEL BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FILING FEES: Single Family (Primary Residence) $341.00 for the first variance, plus $103.00 for each additional
section of the ordinance being varied. All Other $1,357.00 for the first variance, plus $640.00 for each
additional section of the ordinance being varied. (Or, see Hearing Officer Option & Fees.)
D OCKET NO. DATE RECEIVED:
1) Applicant: Allied Solutions
Address: 350 Veterans Way, Carmel, Indiana 46032
2) Project Name: Allied Building - Block 1 - Carmel Midtown Project phone:
E ngineer/Architect: Civil & Environmental Consultants
Attorney: Christina M. Bruno
Contact Person: Christina M. Bruno
Inc.Phone:317-655-7777
Phone: 317-684-5192
Email: cbruno@boselaw.com
Phone: 317-684-5192
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
p urchaser of the property. (c) Other: The Applicant is a future tenant of the property.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Midtown East Block 1 LLC
55 Monument Circle, Ste 450, Indianapolis, IN 46204
Owner's address: Phone:
5) Record of Ownership: Deed Book No./Instrument No. Instrument No. 2016039014
Page: Purchase date: July 20, 2016
6) Common address of the property involved: 145 4th Street SW, Carmel, Indiana 46032
Legal description: Please see attached.
Tax Parcel ID No.:16-09-25-16-05-009.002; 16-09-25-16-05-009.003
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the
section number(s) of the Unified Development Ordinance that applies and/or creates the need for this
request).
The Western Flevation sign face exceeds 70% of the spandrel panel height and 85% of the
spandrel panel width in violation of Article 5.39 S1-01H of the Unified Development Ordinance.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
q uestion sheet entitled "Findings of Fact-Development Standards Variance").
T he proposed sign is consistent with national branding for the tenant and will not adversely affect adjacent properties.
Page 1 of 12 Filename: development standards variance application & instructions 2018 Revised 01/02/2018
9) Zoning District classification of property: PUD
9a) Overlay Zone of property (if applicable): N/A
1 0) Size of lot/parcel in question: 1.08
1 1) Present use of the property: Office building
1 2) Describe the proposed use of the property: Office building
acres
1 3) Is the property: Owner occupied Renter occupied Other Under construction.
1 4) 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 o.
1 5) Has work for which this application is being filed already started? If answer is yes, give details:
B uilding Permit Number:
B uilder:
16) If proposed appeal is granted, when will the work commence?
Spring 2018.
1 7) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
a pplication has been filed?
Allied Solutions will use the subject property. The sign will be constructed by A Sign by Design.
N OTE: LEGAL NOTICE shall be published in the newspaper according to the Chart on page 5 a MANDATORY
20 days prior to the public hearing date. The certified "Proof of Publication", affidavit for the newspaper must be
a vailable for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice
a re 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 20 days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
a butting property owner acknowledging the 20 day notice should be kept for verification that the notice was
completed.)
R EALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
T he applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the De .arttyrenrof Commu ervices.
A pplicant Sig Date: T2 - 1 g
T he 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 Unified
Development Ordinance and/or the legal advice of his/her attorney.
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LEGAL DESCRIPTION
Tract 1 (Block 1)
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of the Southeast Quarter of said Section 25, Township 18 North,
Range 3 East; thence North 00 degrees 00 minutes 11 seconds West (Basis of Bearings: Indiana State
Plane Coordinates-East Zone, NAD 83) 1806.12 feet along the East Line of said Southeast Quarter;
thence South 89 degrees 59 minutes 49 seconds West 416.96 feet perpendicular to said East Line to the
Point of Beginning of this description, said point lying on the northern line of the 0.585-acre tract of land
granted to Reeder & Kline Machine Company, Inc. (R & IC North tract) (recorded as Deed Book 340,
page 480, in the Office of the Recorder of Hamilton County, Indiana); thence South 00 degrees 00
minutes 11 seconds East 186.83 feet parallel with said East Line; thence South 89 degrees 59 minutes 49
seconds West 272.94 feet perpendicular to the East Line of said Southeast Quarter to the western line of
the 0.138-acre tract of land granted to Reeder & Kline Machine Company, Inc. (R & K West tract)
(recorded as Deed Book 318, page 307 in said Recorder's Office), being the eastern line of the Monon
Trail; thence North 00 degrees 53 minutes 10 seconds West 182.23 feet along the western line of said R &
K West tract, the eastern line of said Monon Trail and the western line of said R & K Tract to the
northwestern corner thereof; thence North 89 degrees 02 minutes 10 seconds East 275.78 feet parallel
with the North Line of said Southeast Quarter and along the northern line of said R & K North tract to the
Point of Beginning, containing 50,625.3 square feet (1.162 acres), more or less.
EXCEPT (plaza area)
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of the Southeast Quarter of said Section 25, Township 18 North,
Range 3 East; thence North 00 degrees 00 minutes 11 seconds West (Basis of Bearings: Indiana State
Plane Coordinates — East Zone, NAD 83) 1806.12 feet along the East Line of said Southeast Quarter;
thence South 89 degrees 59 minutes 49 seconds West 416.96 feet perpendicular to said East Line to a
point lying on the northern line of the 0.585-acre tract of land granted to Reeder & Kline Machine
Company, Inc. (R & K North tract") (recorded as Deed Book 340, page 480 in the Office of the Recorder
of Hamilton County, Indiana); thence South 89 degrees 02 minutes 10 seconds West 144.02 feet parallel
with the North Line of said Southeast Quarter and along the northern line of said R & K North tract;
thence South 00 degrees 00 minutes 11 seconds East 97.75 feet parallel with said East Line to the POINT
OF BEGINNING of this description; thence continue South 00 degrees 00 minutes 11 seconds East 86.67
feet parallel with said East Line; thence South 89 degrees 59 minutes 49 seconds West 128.93 feet
perpendicular to the East Line of said Southeast Quarter to the western line of the 0.138-acre tract of land
granted to Reeder & Kline Machine Company, Inc. (R & IC West tract") (recorded as Deed Book 318,
page 307 in said Recorder's Office), being the eastern line of the Monon Trail; thence North 00 degrees
53 minutes 10 seconds West 86.68 feet along the western line of said R & K West tract and the eastern
line of said Monon Trail; thence North 89 degrees 59 minutes 49 seconds East 130.27 feet perpendicular
to said East Line to The POINT OF BEGINNING, containing 11,232.6 square feet (0.258 acres), more or
less.
Tract 2 (above proposed Fourth Street SW)
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County,.Indiana, being further defined from elevation 841.00 feet
(Bottom of Improvements) and above (NAVD 88), more particularly described as follows:
Commencing at the Southeast Corner of the Southeast Quarter of said Section 25, Township 18 North,
Range 3 East; thence North 00 degrees 00 minutes 11 seconds West (Basis of Bearings: Indiana State
Plane Coordinates — East Zone, NAD 83) 1619.29 feet along the East Line of said Southeast Quarter;
thence South 89 degrees 59 minutes 49 seconds West 416.96 feet perpendicular to said East Line to the
POINT OF BEGINNING of this description; thence South 00 degrees 00 minutes 11 seconds East 75.00
feet parallel with said East Line; thence South 89 degrees 59 minutes 49 seconds West 271.83 feet
perpendicular to said East Line to the eastern line of the Monon Trail; thence North 00 degrees 50
minutes 47 seconds West 75.01 feet along the eastern line of said Monon Trail; thence North 89 degrees
59 minutes 49 seconds East 272.94 feet perpendicular to the East Line of said Southeast Quarter to the
POINT OF BEGINNING, containing 20,427.8 square feet (0.469 acres), more or less.
Tract 3
Permanent, non-exclusive easements for support, maintenance, vehicular and pedestrian access, parking
and utilities as provided for in Declaration (North Garage Component) executed by The City of Cannel
Redevelopment Commission, The Carmel Redevelopment Authority, Midtown East Block 1 L.L.C.,
Midtown East Block 2 L.L.C., and Midtown Parking Garage Partners,. Inc., dated , and recorded
, as Instrument , in the Office of the Recorder of Hamilton County, Indiana.
Tract 4
Easement for drainage as set out in Declaration of Drainage Easement by Midtown Carmel Development
L.L.C., dated and recorded , as Instrument
Docket No.:
Petitioner:
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
Allied Solutions
1 . The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
T he subject property contains commercial buildings which have/will have signs of similar size without
being injurious to the public health, safety, morals and general welfare of the community.
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:
T he adjacent properties are also zoned PUD or C-2 and have not been negatively affected
affected by similar such signs in the area.
3. The strict application of the terms of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because:
T he proposed sign is consistent with national branding for the tenant.
DECISION
I t is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket
N o. is granted, subject to any conditions stated in the minutes of this Board,
w hich are incorporated herein by reference and made a part hereof.
Adopted this day of 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
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Conditions of the Board are listed on back;
Petitioner or representative to sign.
Filename: development standards variance application & instructions 2018 Revised 01/02/2018
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 applicant to act
on my behalf with regard to this application and subsequent hearings and testimony.
STATE OF INDIANA
SS:
Signed Name:
Printed Name:
(Property Owner, Attorney, or Power of Attorney)
Christina M. Bruno
County of Marion Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Marion County, State of Indiana, personally appeared
(Notary Public's county of residence)
C hristina M. Bruno and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
1 2th day of January 20 18
this
Page 3 of 12
Notary Public--Signature
J une Elaine Turner
N otary Public—Printed Name
M y commission expires:
08/12/2023
Filename: development standards variance application & instructions 2018 Revised 01/02/2018