HomeMy WebLinkAboutApplicationCARMEL BOARD OF ZONING APPEALS
DEVELQ,PMENT STANDARi .S VARIANC,E,APPLICATI®N,
FILING FEES: Single Family (Primary Residence) $350.00 for the first variance, plus $105.00 for each additional
section of the ordinance being varied. All Other $1,394.00 for the first variance, plus $657.00 for each
additional section of the ordinance being varied. (Or see Hearing Officer option & Fees.)
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Applicant: Cake Bake Shop Carmel, LLC
Address: 800 South Rangeline Road; :Suite 260, C armel.IN 46032
Project Name: Carmel City Center Phone: _{3 j 7) 705-7982
Engineer/Architect: Of Building: Pedcor Design Group, LLC
Phone: _ (317) 208-3793
Attorney: Jeff Abrams
Contact Person: Angie Daniel
Email: angle@thecakebakeshop.com
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed tothe property
Phone: 317-713-3405
Phone: 678-641-5723
(b) The applicant is the contract
purchaser of the property. X_ (c) Other: Applicant has a leasehold interest in the property
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Carmel City Center. LLC; CCC Baldwin Chambers. LLC
Owner's address: _ 770 3rd Ave SW. Carmel. IN 40032 _ Phone: (317) 587-0320
Record of Ownership: Deed Book No./Instrument No. 2015030376; 2015046599
Page:
Purchase date: 06117/2015
Common address of the property involved: 800 S Rangeline Rd #220, Carmel, IN 46032
Legal Description: See attached "Exhibit A."
Tax.Parcel ID No.
7) 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 Cake Bake Shop seeks a development standards variance ("variance") for the use of
twinkling lights
mounted to the gutters and rootline of 800 S. Rangeline Road, Suite 260. tinified Development
Ordinance ("[TDO") Section 5.39-D(5) prohibits the use of flashing lights as part of a sign.
6) Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance").
Cake Bake Carmel , LL_C's investment in its twinkle lights is integral to its brand and success. 'Fhe
investment made by the tenant in the lights, decor as well as the investment made by the Landlord in
creating the building is a work of art that creates a magical experience for visitors from all over.
9) Zoning district classification of property: C-1.
9a) Overlay Zone of property (if applicable): Only seekinavariance for 800 S Rangeline Rd, #220.
10) Size of lot/parcel in question: .623 acres/sq.ft.
11) Present use of property: Rented storefront for Cake Bake Shop Carmel, LLC.
12) Describe proposed use of property: Continued use of twinkling lights as part of Cake Bake Shop
Carmel, LLC's sign.
13) Is the property: Owneroccupied
Renter occupied X 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
docket number, instrument no., decision rendered and pertinent explanation. LTDO Section 5.39-D5).
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Work. has already coma-enced. Variance application is for continued use of sign.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Cake Bake Shop Carmel, LLC.
NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Ahart,o,n,page 5,
MANDATORY 20 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. (Thewhite
receipt should be stamped by the Post Office at least 20 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 20 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_8.,
THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
derstands that docket nu
Applicant Signature:
ntil all supporting information has been
Date: ,- (Z 20 D
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 applicant should rely on
appropriate Unified Development Ordinance and/or the legal advice of his/her attorney.
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.
Signed Name:
(Property Owner, Attorney, or Power of Attorney)
Printed Name: �C �► t, (G'� �% Y�
STATE OF INDIANA
SS:
County of MAN' le" Before me the undersigned; a Notary Public
(County in which notarization takes place)
for V" IJti.
(Notary Public's county of residence)
A'^ �l;s;,, b Av% i4,1
(Property Owner, Attorney, or Power of Attorney)
this 1 day of
County, State of Indiana, personally appeared
_ and acknowledge the execution of the foregoing instrument
Notary Pulft - State of Indiana o^ 1 V
YAMCMly o ry Public --Signature
(SEAL-) MyCam*"E Aires:
December 20, 21121
LQ-
Notary Public —Printed
Name
My commission expires: 1Z1U IU-1-t
INS,TRU,C,TIO,NS„Z.DEV,EL0P.MENT STANDARC.,S.VARIANC,E.
1. Please allow plenty of time for Department of Community Services (DOCS) staff review and the Board of
Zoning Appeals (BZA) approval process (approximately 45-60 days). Discuss the proposed Variance with the
DOCS staff at a pre -submittal meeting; please contact us for an appointment: 317-571-2417, or Third Floor
Carmel City Hall, 1 Civic Square, Carmel,
2. NEW: As of January 1, 2019, electronic -only submittals are accepted. Plans are to be submitted electronically
through ProjectDox, Carmel's ePian review software. Please see the Electronic Plan Review handout for more
information on the process and what needs to be submitted. (Initially, only the filled out application needs to
be emailed to DOC&)
3. INFORMATION NEEDED for formal DOCS staff and BZA review:
a. Electronic copy of the filled out and completed application (available from the DOCS website), with legal
description(s) included or attached. The file format can be a PDF, JPG, or similar. (Email to DOCS staff)
b. Electronic copy of a location map showing location of site in question, zoning, and existing land use of adjacent
properties. See GIS Maps link on the DOCS webpage as an option. (Submitted through ProjectDox)
c. Electronic copies of all plans depicting all existing and proposed structures, all exterior architectural building
elevations, landscaping, drainage; lighting, signage, and any other supporting documentation to fully
understand the proposal (Submitted through ProjectDox)
d. Electronic copy of adjacent property owners list certified by the Hamilton County Auditor's Office. (Submitted
through ProjectDox)
4. Once the application is emailed to DOCS, a docket number will be released and you will receive an email from
ePlans ProjectDox to upload the site plans and other drawings. The above referenced information must be
submitted to the DOCS at least 45 days prior to the hearing date. Within 10 days of filing, the application will be
reviewed by staff and correspondence outlining the deficiencies will be emailed to the petitioner, or a docket number
will be assigned, as well as a list of dates and deadlines related to the petition. (A docket number will not be
released until all deficiencies are addressed).
5. The Notice of Public Hearing must be mailed by First Class mail via Certificate of Mailing to all adjacent
property owners. A public notice legal ad must also be published in the required newspaper according to the
Chart on Pg. 5 a mandatory minimum of twenty (20) days prior to the public hearing date. Lastly, a public
hearing sign must be posted on the property (see Pg. 7).
6. After final review, the petitioner needs to pay the required filling fee before the item will be added to the official
BZA meeting agenda. The filing fee is due at least 10 days prior to the meeting.
7. At least 10 days prior to the hearing, the petitioner must submit electronic copies of their proof of
publication(s), proof of adjacent property owners mailings notice, completed Petitioner's Affidavit of Notice of
Public Hearing (pg. 9), and Board member's Info Packets to DOC&
Also, 8 paper copies of the Info Packet are required that same day. The following is the suggested order and
fist of items that should be included in the each Board Member's Info Packet:
a- Finding. of Facts (ballot sheet, pg. 10) d- Statement of Support (short paragraph)
b- Finding of Facts (question sheet, pg. 11) e- Location Map
c- Statement of Variance (short paragraph) f- Reductions of all plans (site, drainage, landscaping, signage,
lighting, architecture, etc...)
8. Note: At least 5 days prior to the BZA meeting, Planning Staff will release the BZA Dept. Reports which includes
analyses of the petitions, as well as vote recommendations.
9. The property owner, property owner's Attorney, or someone with the property owner's Power of Attorney must
be present at the Carmel Board of Zoning Appeals public hearing to speak/present, A presentation must be
given at the BZA public hearing. This should include some type of display or exhibit, an opaque paper
overhead projector and laser pointer will be available the night of the hearing, as well as computer laptop
hookups.
10. Generally, variance applications are acted upon by the Board in one meeting. However, the Board may, at its
discretion, table an item at any time.
11. The Board of Zoning Appeals (usually) meets the fourth Monday of each month at 6:00 p.m, in the Council
Chambers; 2nd floor of Carmel City Hall, 1 Civic Sq., Carmel, Indiana 46032. And, BZA Hearing Officer
meetings are held on the same evening, immediately prior to the regular meeting 9515:30p.m.), in the City Hall
Caucus Rooms.
1. NEWS,PAPER,PU,ELLICATIO,N,(LEG,AL,AIJ) - NOTICE OF_PU,EILIG HEARING,
Per Article VI, Section 3 of the BZA Rules of Procedure, a legal notice shall be published in the Current in Carmel
newspaper. However, affected areas located within a non -Carmel postal ZIP code (Westfield, Zionsville,
Indianapolis) must place a legal notice in the corresponding city's newspaper. Refer to the chart below to find what
publications to notify based upon the corresponding ZIP code. (Please note: subject sites located on the border
between a Carmel and a non -Carmel zip code must make legal ad notice to two newspapers — The Current
& The Indianapolis Star.)
46032 or 46033
Current in Carmel
46074
-Current in Westfield
46077
Current in Zionsville
46240, 46260, 46268, 46280, or 46290
Indianapolis Star
AD,JAC,ENT,PRO,PERT,Y OWNERS.LIS,T
I, (Auditor's Name}_, Auditor of Hamilton County, Indiana, certify that the attached list is a
true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER ADDRESS
DATED THIS DAY OF 20
Board Member
I INDINGSQF FACT,S,HEET,- D,EVELgl IMENT S,TAND,AR®S_VARIANCE,
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3 and first 2 blanks)
Docket No.:
Petitioner:
The approval of this variance will not be injurious to the public health, safety; morals and general welfare of
the community because:
The subtle twinkling of the sign is a passive element that floes not overwhelin or burden the
senses. The sign is a sophisticated and charming work of art by a nationally acclaimed business
that brings people to Carmel City Center and elevates Carmel's platforrri as a world class city.
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:
Cake Bake Carmel, UX draws many customers to Carmel City Center with its sign. The _
increase in customer traffic has benefitted other businesses. The si�-an bearitifies the adjacent
area, benefitting both it s use and val
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. -
Cake Bake. Cannel, LLD, built environment is integral to its brand. Its regulation hinges o, ►i the _
excellent quality of its food and magical environruont. Strict application of ,the UDO would make_
the property incompatib le with its use as a Cake B ake location.
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 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any. are listed on the Letter of Grant.
,C,HEC,KLIS,T