HomeMy WebLinkAboutApplicationPage 1 of 12 Filename: Hearing Officer DSV Ap - shahrams kitchen Revised 1/2/2020
CARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION – HEARING OFFICER
FEES: Single Family (Primary Residence) $184 for the first variance plus $107 for each additional section of the
ordinance being varied. Commercial and Other $749 for the first variance plus $371 for each additional
section of the ordinance being varied.
DOCKET NO. Docket No. PZ-2020-00108 DATE RECEIVED:_______________________________
1) Applicant: Soori Ardalan
Address: 9737 Decatur Drive, Indianapolis, IN 46256
2) Project Name: Shahram’s Kitchen sign variance Phone: (317) 843-2787
Engineer/Architect:___na_______________________________ Phone: _________________________
Attorney:___________na_______________________________ Phone: ________________________
Contact Person:_____Applicant _________________________ Phone:________________________
Email:_______________________________________________________________________________
ProjectDox Contact Person:____ Applicant ________________ Phone:_____________________
Email: amardalan@sbcglobal.net
3) Applicant's Status: (Check the appropriate response)
__X__ (a) The applicant's name is on the deed to the property ______ (b) The applicant is the contract
purchaser of the property. (c) Other: __________________________________________________
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: __________________________________________________________
Owner's address: __________________________________________ Phone:_____________________
5) Record of Ownership: Deed Book No./Instrument No. Warranty Deed 6/13/2011 2011-28372
Page: ______________________ Purchase date: _____________________________________________
6) Common Address of subject property: 246 W. Main Street, Carmel
Legal Description: Section 25, Township 18, Range 3 MONON & MAIN Lot 2D Block 2
Tax Parcel ID No.: 16-09-25-02-08-005.000
7) Explanation of Development Standards Variance request: (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).
Please see the attached explanation to BZA
8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled "Findings
of Fact-Development Standards Variance").
Office Use Only
Page 2 of 12 Filename: Hearing Officer DSV Ap - shahrams kitchen Revised 1/2/2020
9) Present zoning classification of the property: PUD Z-519-08 (Primary Area)
9a) Overlay Zone of property (if applicable):_______na___________________________________________
10) Size of lot/parcel in question: .02 acres
11) Present use of property: Eclectic Aesthetic Health Center (www.eclecticaesthetichealthcenter.com)
12) Describe proposed use of property: The ground floor area will operate a non-profit kitchen for the
preparation of meals for residents of Carmel who are in need of assistance. Upper floors will remain
Eclectic Aesthetic Health Center
13) Is the property: Owner occupied ____X___ 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
docket number, instrument no., decision rendered and pertinent explanation. ___NA___________________
_____________________________________________________________________________________
_____________________________________________________________________________________
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: ____no___________________________________________________________
Builder: ______________________________________________________________________________
16) If proposed appeal is granted, when will the work commence? work will commence right away
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed? The owner of the property will be the operator
NOTE: Three (3) modes of Public Legal Notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 5 a MANDATORY 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 ; one of two methods below:
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 applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature: _________________________________________________ Date: __________________
The applicant certifies by signing this application that he/she has been advised that all representations of the Dep artment of
Community Services are advisory only and that the applicant should rely on appropriate Unified Development Ordinance
standards and/or the legal advice of his/her attorney.
page 3 of 12 Revised 1/2/20
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 app licant 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: __Soori Ardalan__________________________
STATE OF INDIANA
SS:
County of ________________________________________________ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for __________________________________________ County, State of Indiana, personally appeared
(Notary Public's county of residence)
____________________________________________ and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this ____________ day of ___________________________________, 20________.
(date) (month) (year)
_________________________________________
Notary Public--Signature
(SEAL)
_________________________________________
Notary Public--Please Print
My commission expires: _________________________________
page 4 of 12 Revised 1/2/20
Date: July 16, 2020
To: Carmel Board of Zoning Appeals
From: Soori Ardalan
Re: 246 W. Main Street - Docket No. PZ-2020-00108
This Variance request is to allow an additional ground-floor level sign at the above referenced Main Street
address, which will promote the location Shahram’s Kitchen, a not-for-profit preparer of meals for those
residents who are less fortunate.
The Monon and Main PUD ordinance was adopted in 2004 with Live-Work commercial buildings along
Main Street.
The PUD was amended in 2008 to allow Main Street buildings to have commercial uses of all floors,
however signage area is limited to First Floor occupants.
From Monon and Main PUD, Z-519-08:
2.12. Permanent Signs, Awnings and Murals.
A. Maximum sign area: First Floor occupants shall be allowed a total of one and a half (1-1/2)
square feet of sign for each linear foot of street frontage, except that no single sign may exceed
thirty-two (32) square feet in area.
The current tenant at 246 W. Main is my husband’s medical practice, Eclectic Aesthetic Health Center
which will move upstairs to allow for Shahram’s to move into the ground floor space.
A color rendering of the proposed sign is attached. It will be professionally designed and of a size and
scale to meet all of the sign area requirements in the PUD.
The sign, if approved, will complement the existing sign on the property and be an attractive addition to
the Monon & Main development.
Thank you for considering this request.
page 10 of 12 Revised 1/2/20
Location Map
246 W. Main Street, Carmel
(Useable template for published and mailed Public Notice)
page 14 of 12 Revised 1/2/20
CHECKLIST
Development Standards Variance Hearing Officer Application
Applications must include the following applicable materials:
□ Electronic copy of completed application (with legible text), signed by the owner of the subject
property or an authorized agent, notarized, and filed at least 45 days prior to the next scheduled
public hearing.
□ Electronic copy of Owner Affidavit (page 3)
□ Electronic copy of Adjacent Property Owners list certified by the Hamilton County Auditor’s
Office. Formal list request sheet & official list may be acquired from the Hamilton County Real
Property Dept. (317-770-4412 or hamiltoncounty.in.gov). Please allow 3 to 5 days for Hamilton
County to complete your request.
□ Electronic copy of Site Plan (with dimensions) that includes:
1. Existing and proposed principal structures and accessory structures.
2. Parking plan (automobiles & bicycles).
3. Signage plan.
4. Lighting plan, if applicable
5. Existing and proposed public rights of way (internal and adjoining).
6. Location of easements (utility, drainage, landscape, access, etc.)
7. Building setback lines.
8. Building coverage calculation, and
9. Existing and proposed utility structures and systems.
□ Electronic copy of exterior architectural building elevations and/or photo examples of subject site
and/or buildings.
□ When applicable, prepare an electronic copy of an estimated construction cost to comply with the
Transportation Plan per UDO Section 1.07(E) (Contact City Engineering Dept. for more detail, at
317-571-2441.)
□ Electronic copy of Covenants and Commitments, if any.
□ When applicable, electronic copies of service reports/correspondence from TAC (Technical Advisory
Committee) members.
All documents must be legible and of the required size and scale. The omission of any of the material indicated in
the above checklist may lead to your petition being placed on a later docket or not accepted for filing.