HomeMy WebLinkAboutApplicationCARMEL BOARD OF ZONING APPEALS
DEVELOP M E N T STAN D ARDS VAR I AN CE APPLICATIO N — H EAR I N G OFFICER
FEES: Single Family (Primary Residence) $180 for the first variance plus $105 for each additional section of the
ordinance being varied. Commercial and Other $730 for the first variance plus $362 for each additional
section of the ordinance being varied.
Office Use Only
DOCKET NO. DATE RECEIVED:
1) Applicant:
Allied Solutions
350 Veteran's Way, Carmel, Indiana 46032
Address:
Eastern Facade Wall Sign
2) Project Name: Phone:
En g i neer/Arch itect: A Sign By Design Phone: 317-876-7900
A
tt
orney:
Christina M. Bruno, Bose McKinney & Evans LLF
Phone:
317-684-5192
C hristina M. Bruno 31 7-684-51 92
Contact Person: Phone:
Em ai l:
cbruno@boselaw.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
p urchaser of the property. (c) Other: Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
ISO Midtown Carmel LLC
c/o Tryperion Partners, 11601 Wilshire Blvd.
Owner's address: Su ite 1690, Los A ngeles, CA 90025 Phone:
5) Record of Ownership: Deed Book No./Instrument No.
201 9004427
Page: Purchase date:
January 18, 2019
6) Common Address of subject property:
350 Veteran's Way Carmel, Indiana 46032
See Attached
Legal Description:
1 6-09-25-16-05-009.002
Tax Parcel ID No.:
7) Explanation of Development Standards Variance request: (State what you want to do and cite the section
n umber(s) of the Unified Development Ordinance that applies and/or creates the need for this reguest).
Th e Easter n E levatio n sig n face exceed s 70% of the spa n d re l pa ne l heig h t a n d 85% of
the spandrel panel width in violation of Article 5.391-01H of the Unified Development
Ordinance.
8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Development Standards Variance").
The p ro posed sig n is co nsiste n t w ith natio n a l b ra n d i n g for the te n a nt a n d w i l l not
adversely affect adjacent properties.
Page 1 of 12
3780359v1
Filename: Hearing Officer Development Standards Variance Application & Instructions 2019 Revised 01/10/19
9) Present zoning classification of the property: PUD
9a) Overlay Zone of property (if applicable): N/A
10) Size of lot/parcel in question: 0.61 acres acres/sq. ft.
1 1) Present use of property: Office Building
1 2) Describe proposed use of property: Office Building
1 3) Is the property: Owner occupied Renter occupied 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
d ocket 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: No
Builder:
16) If proposed appeal is granted, when will the work commence?
Ea rl y 2020
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?
Al l ied Sol uti ons w i l l use the su bject pro perty. The sig n wi l l be constructed by A Sig n b y Desig n.
N OTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Ch art on page 5 a
M ANDATORY 10 days prior to the public hearing date. The certified "Proof of Publication" affidavit for the
newspaper must be available for inspection by 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 10 days prior to the public hearing date), OR
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the 10 day prior notice should be kept for verification that the notice was
completed)
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see Page 7.
THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The applican t understands that docket num bers will not be assigned until all supporting information has been
submitted to the Department dr-COm m unity 3e cgs.
December 20, 2019
A pplicant Signatur Date:
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
a pplicant should rely on appropriate Unified Development Ordinance and/or the legal advice of
his/her attorney.
Page 2 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2019 Revised 01/10/19
AFFI D AVIT
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/‘---
Printed Name:
Property Owner, Attorne r Power of Attorney)
C hristina M. Bruno, its attorney
M arion
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
H ancock
for County, State of Indiana, personally appeared
(Notary Public's county of residence)
Christina M. Bruno
(Property Owner, Attorney, or Power of Attorney)
this 20th day of Dece m ber
(date) (month)
(SEAL)
STACEY RENEE CLEVELAND
Hancock County
M y Commission Expires
July 20, 2024
low
and acknowledge the execution of the foregoing instrument
,20 1 9
year)1:k.)-(S2A4
N otary Publi' --Signature
Stacey Cleveland
N otary Public--Please Print
J uly 20, 2024
M y commission expires:
Page 3 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2019 Revised 01/10/19
EXHIBIT A
TRACT 3 (BLOCK 2 GARAGE RETAIL)
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 828.50 FEET (FIRST FLOOR) TO
846.10 (SECOND FLOOR) (NAVO 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) 1544.21 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST
642.66 FEET PERPENDICULAR TO SAID EAST LINE TO THE POINT OF BEGINNING OF
THIS DESCRIPTION (ALL OF THE REMAINING COURSES ARE PARALLEL WITH OR
PERPENDICULAR TO SAID EAST LINE); THENCE SOUTH 00 DEGREES 00 MINUTES 11
SECONDS EAST 123.50 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS
WEST 1.32 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 0.17
FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 11.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST 0.17 FEET; THENCE
SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 4.00 FEET; THENCE NORTH 00
DEGREES 00 MINUTES 11 SECONDS WEST 0. 17 FEET; THENCE SOUTH 89 DEGREES 59
MINUTES 49 SECONDS WEST 11.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 11
SECONDS EAST 0.17 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS
WEST 2.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 2.43
FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 3.23 FEET; THENCE
N ORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 17.88 FEET; THENCE SOUTH 89
DEGREES 59 MINUTES 49 SECONDS WEST 9.38 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 11 SECONDS EAST 1.90 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49
SECONDS WEST 2.33 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS
W EST 0.33 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 0.17
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 11.00 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 0.17 FEET; THENCE
N ORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 4.00 FEET; THENCE NORTH 89
DEGREES 59 MINUTES 49 SECONDS EAST 0.17 FEET; THENCE NORTH 00 DEGREES 00
MINUTES 11 SECONDS WEST 11.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49
SECONDS WEST 0.17 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS
WEST 4.00 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 0.17
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 11.00 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 0.17 FEET; THENCE
NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 4.00 FEET; THENCE NORTH 89
DEGREES 59 MINUTES 49 SECONDS EAST 0.17 FEET; THENCE NORTH 00 DEGREES 00
MINUTES 11 SECONDS WEST 11.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49
SECONDS WEST 0.17 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS
WEST 4.00 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 0.17
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 11.00 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 0.17 FEET; THENCE
NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 4.00 FEET; THENCE NORTH 89
DEGREES 59 MINUTES 49 SECONDS EAST 0.17 FEET; THENCE NORTH 00 DEGREES 00
MINUTES 11 SECONDS WEST 11.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49
SECONDS WEST 0.17 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS
WEST 4.00 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 0.17
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 11.00 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 0.17 FEET; THENCE
N ORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 3.75 FEET; THENCE NORTH 89
DEGREES 59 MINUTES 49 SECONDS EAST 3.75 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 11 SECONDS EAST 0.17 FEET;• THENCE NORTH 89 DEGREES 59 MINUTES 49
SECONDS EAST 9.18 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS
WEST 0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 4.00
FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST 0.17 FEET; THENCE
NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 11.00 FEET; THENCE NORTH 00
DEGREES 00 MINUTES 11 SECONDS WEST 0.17 FEET; THENCE NORTH 89 DEGREES 59
MINUTES 49 SECONDS EAST 4.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 11
SECONDS EAST 0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS
EAST 11.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 0.17
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 1.32 FEET TO THE
POINT OF BEGINNING, CONTAINING 5,202.2 SQUARE FEET (0.119 ACRES), MORE OR
LESS.
TRACT 4 (BLOCK 2 GARAGE LEASABLE AREA)
A PART OF THE SOUTHEAST QUARTER OF SEC HON 25, TOWNSHIP 18 NORTH, RANGE 3
EAST OF THE SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA, BEING FURTHER DEFINED FROM ELEVATION 827.10 FEET (FIRST FLOOR) TO
846.10 (SECOND FLOOR) (NAVO 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, NAO 83) 1544.21 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST '
461.30 FEET PERPENDICULAR TO SAID EAST LINE TO THE POINT OF BEGINNING OF
THIS DESCRIPTION (ALL OF THE REMAINING COURSES ARE PARALLEL WITH OR
PERPENDICULAR TO SAID EAST LINE); THENCE SOUTH 00 DEGREES 00 MINUTES 11
SECONDUAST 19.44 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS
WESTTOLO-IFEET; THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 19.44
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 1.06 FEET; THENCE
SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST 0.17 FEET; THENCE NORTH 89
DEGREES 59 MINUTES 49 SECONDS EAST 11.00 FEET; THENCE NORTH 00 DEGREES 00
MINUTES 11 SECONDS WEST 0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49
SECONDS EAST 4.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST
0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 11.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 0.17 FEET; THENCE
N ORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 4.00 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 11 SECONDS EAST 0.17 FEET; THENCE NORTH 89 DEGREES 59
MINUTES 49 SECONDS EAST 11.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11
SECONDS WEST 0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS
EAST 4.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST 0.17
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 11.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 0, 17 FEET; THENCE
N ORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 4.00 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 11 SECONDS EAST 0.17 FEET; THENCE NORTH 89 DEGREES 59
MINUTES 49 SECONDS EAST 11.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11
SECONDS WEST 0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS
EAST 4.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 11 SECONDS EAST 0.17
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 11.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST 0.17 FEET; THENCE
N ORTH 89 DEGREES 59 MINUTES 49 SECONDS EAST 4.00 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 11 SECONDS EAST 0. 17 FEET; THENCE NORTH 89 DEGREES 59
MINUTES 49 SECONDS EAST 11.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 11
SECONDS WEST 0.17 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS
EAST 2.68 FEET TO THE POINT OF BEGINNING, CONTAINING 2,023.1 SQUARE FEET
(0,046 ACRES), MORE OR LESS.