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Conn, Angelina V
From:
Sent:
To:
Cc:
Conn, Angelina V
Thursday, February 23,200612:26 PM
Tingley, Connie S
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona
B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes,
Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; 'Larry Kemper'
Subject: Docket No. Assignment: (V) Covenant Commercial Buildings (#06020024 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V)
Covenant Commercial Buildings. It will be the following:
Docket No. 06020024 V $534.50
Total Fee: $534.50
Covenant Commercial Buildings
The applicant seeks approval for the following development standards variance:
Docket No. 06020024 V ZO Chapter 25.07.01-04.i signs in road right of way
The site is located at 611 & 621 N Rang Line Rd. and is zoned B-5/Business within the Old Town Overlay-
Character Sub area.
Filed by Larry Kemper of Nelson & Frankenberger for Yvonne & Ben Li.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, March 17, 2006. Published
notice is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:15 p.m.
(not 6 pm) and will take place in the Caucus Rooms.
3. The Proof of Notice will need to be received by this Department no later than noon, March 24, 2006.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, March 17,2006. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the April agenda of the BZA.
5. This Item will appear on the March 27, 2006 agenda of the Board of Zoning Appeals HEARING
OFFICER under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheet, only fill out docket number, petitioner, and date (Sheet 7).
Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Kemper can be contacted at PH: 844-0106 or FAX: 846-8782
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 p.m. (not 6 pm)
and will take place in the Caucus Rooms (not Council Chambers). It is suggested to send the notice to the
IndyStar by Noon two days prior, to allow for the Friday printing.
2.) Provide a filled out and notarized Petitioner's Affidavit of Notice of Public Hearing (pg 6 of the
application). (For a Hearing Officer item, the public notice requirement is 10 days, rather than 25).
3.) Provide an area location map.
4.) Please note: Only the Findings of Fact sheet needs to be filled out, not the Ballot Sheet which only
needs the petitioner name & docket no.
5.) A Consent to Encroach (in the road right of way) approval will be needed from the Board of Public
Works (contact the City Engineer Dept at 571-2441).
6.) Check can be made payable to The City of Carmel.
2/23/2006
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7.) Provide a copy of the official adjacent property list from the Hamilton County Auditor.
Thank you.
Angie Conn, Planning Administrator
2/23/2006
Page 2 of2
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional
section of the ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the
ordinance being varied OR see Hearing Officer Fees
DOCKET NO. ~()ZOO24- V
DATE RECEIVED:
1)
Applicant:
Yvonne Li
Address:
621 Ranaeline Rd N.. Carmel. IN 46032
2)
Project Name: Mid America Financial
Phone (317) 571-9048
Engineer/Architect: Rick Middleton. Mid-America Sian Corp. Phone: 260-744-2200
Attorney:
Lawrence J. Kemper
Phone:
(317) 844-0106
3) Applicant's Status: (Check the appropriate response)
-2L.. (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone
5) Record of Ownership:
Deed Book No.llnstrument No._ _200500063229
Page:
Purchase date: _August 17, 2005_
6) Common address of the property involved: 621 Ranaeline Rd. N.. Carmel. IN 46032
Legal description:
See Exhibit "1" attached
7)
Tax Map Parcel No.: 16-10-30-05-01-024.000 L-O\l'€,V\-(};"-* C..bWvt\-vef'Ua..O
B.tdJl,d) ,
State explanation of requested Development Standards Variance: {State what you want to do (
and cite the section number{s) of the Carmel/Clay Zoning Ordinance that applies and/or creates
the need for this request).
We are re uestin this develo mental standards variance from Section 25.07.0 ~;e-:'~>">
Si n Ordinance to ermit the location of a sus ended si n within the ri ht of w$/f~~ '\\\\
Road.. i . ~ ~~ l"'\
\,-=. ,.... ~" S y"'"
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Page 1 of 8- z Ishared\formslBZA appllcatlonsl Development Standards Variance Application rev 01/0312006 ~.' ."
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact-Development Standards Variance").
See Exhibit "3" attached
9) Present zoning of the property (give exact classification): B-5
Size of lot/parcel in question
less than 1 acre
acres
10)
11)
12)
Present use of the property:
office soace
Describe the proposed use of the property:
the riaht of way for Ranaeline Road.
We orooose to include a susoended sian within
13) Is the property: Owner occupied _XX
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, decision rendered and pertinent explanation.
Docket No. 05080042 ADLS Amend/DP
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
Immediatelv
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
Aoolicant
NOTE: LEGAL NOTICE shall be published in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the public hearing
date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY. two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be
stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property
owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, Tt;US/ '
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. /':v/ " \"
The applicant understands that docket numbers will not be assi ned until all su ortin information has been sub . . dito ~ <~ \
the Deoartment of Community Services. t ~v ~ \ \
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Page 2 of 8- z:\sharedlforms\BZA applicationsl Development Standards Variance Application rev. 01/0312006
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ADJACENT PROPERTY OWNERS LIST
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 subdivision and zoning ordinance and/or the legal advice of his/her attorney.
I,
, Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property
described herewith.
OWNER
ADDRESS
EXAMPLE ONLY:
Formal list request sheet & official list
may be acquired from the Hamilton
County Auditor's Office (776-8401).
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 of 8- z:\shared\formsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
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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 By:
~0
(Please Print Name, Title)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for \-L.-.\~
(Notary Public's county of residence)
County, State of Indiana, personally appeared
_Yvonne Li and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
/tJ\1-
day of
fd.
. nature
(SEAL)
My commission expires:
Page 4 of 8- z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 01/0312006
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EXHIBIT
I ~ 1 ~
Part of the Northwest Quarter of Section 30, Township 18 North, Range 4 East in Hamilton County, Indiana, and more
particularly described as follows:
The North Half of the following described real estate, to wit: Commencing 52 rods South of the Northwest Corner of
Section 30, Township 18 North, Range 4 East and running thence East 12 rods; thence North 8 rods; thence West 12
rods; thence South 8 rods to the place of beginning.
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EXHIBIT "3"
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because: (i) the proposed sign is permitted under the Ordinance, (ii)
the proposed sign is of a type common in the area, and (iii) the proposed sign provides a benefit
to the public as it helps identify the location and the existence of the Applicant's business.
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 the variance (i) will not change the use of the
subject real estate as the use is permitted under the Ordinance, and (ii) will permit a sign that is
similar to other signs located in the adjacent areas.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because, absent the grant of the variance requested, there
will be a negative impact on the general public's ability to locate the Applicant's business.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay 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/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
H:\brad\Mid America Financial\Application Zoning Appeals Action. Ben Li.doc
Page 8 of 8- z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional
section of the ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the
ordinance being varied OR see Hearing Officer Fees
DOCKET NO.
DATE RECEIVED:
1)
Applicant:
Ben Li
Address:
621 Ranaeline Rd N.. Carmel. IN 46032
2)
Project Name: Allstate Insurance
Phone (317) 571-9048
Engineer/Architect: Rick Middleton. Mid-America Sian Corp. Phone: 260-744-2200
Attorney:
Lawrence J. Kemper
Phone:
(317) 844-0106
3) Applicant's Status: (Check the appropriate response)
-L (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.llnstrument No._ 200500056933
Page:
Purchase date: _August 17, 2005
6) Common address of the property involved: 611 Ranaeline Rd. N.. Carmel. IN 46032
Legal description:
See Exhibit" 1" attached
7)
Tax Map Parcel No.: 16-10-30-05-01-023.000.0 Co-se.vw..vJ-- ~d:al2
State explanation of requested Development Standards Variance: (State what you want to do ~
and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates
the need for this request).
",
We are reauestina this developmental standards variance from Section 25.07.01~04(i)'-'of the'\.
Si n Ordinance to ht of wi. O(R~ 5::> ~ '\ \\
4P ~~ ).:
~1i!;> '- f'..~ ;: J
, "~'->:" I
Page 1 of 8- z:lsharedlformslBZA applicationsl Development Standards Variance Application rev, 0110312006 \." \'" , " ,', /: ,. /<<y
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact-Development Standards Variance").
See Exhibit "3" attached
9) Present zoning of the property (give exact classification): B-5
Size of lot/parcel in question
less tha n 1 acre
acres
10)
11)
12)
Present use of the property:
office soace
Describe the proposed use of the property:
the riaht of wav for Ranaeline Road.
We orooose to include a susoended sian within
13) Is the property: Owner occupied
Renter occupied _XX
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, decision rendered and pertinent explanation.
Docket No. 05080042 ADLS Amend/DP
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Num!)er: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
Immediatelv
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
Aoolicant
NOTE: LEGAL NOTICE shall be published in the IndianaDolis Star a MANDATORY twenty-five (25) days prior to the public hearing
date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be
stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property
owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST lWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all sUDPortina information has been submitted to
the Department of Community Services.
Page 2 of 8- z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 01/0312006
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ADJACENT PROPERTY OWNERS LIST
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 subdivision and zoning ordinance and/or the legal advice of his/her attorney.
I,
, Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property
described herewith.
OWNER
ADDRESS
EXAMPLE ONLY:
Formal list request sheet & official list
may be acquired from the Hamilton
County Auditor's Office (776-8401).
Date
Auditor of Hamilton County, Indiana--Signature
Page 3 of 8- z:lsharedlformslBZA applicationsl Development Standards Variance Application rev. 0110312006
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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 By:
0/1 0 ~t
Date
(Please Print Name, Title)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for \L-l1-
(Notary Public's county of residence)
County, State of Indiana, personally appeared
_Ben Li and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
IOtL-
day of
'k~
/
- . nature
(SEAL)
My commission expires:
Page 4 of 8- z:lsharedlformslBZA applicationsl Development Standards Variance Application rev 0110312006
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EXHIBIT
--
I ~ 111
Part of the Northwest Quarter of Section 30. Township 18 North, Range 4 East in Hamilton County, Indiana, and more
particularly described as follows:
The South Half of the following described real estate, to-wit:
Commencing 52 rods South of the Northwest Corner of Section 30, Township 18 North, Range 4 East and running thence
East 12 rods, thence North 8 rods. thence West 12 rods. thence South 8 rods to the place of beginning.
;
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EXHIBIT "3"
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because: (i) the proposed sign is permitted under the Ordinance, (ii)
the proposed sign is of a type common in the area, and (iii) the proposed sign provides a benefit
to the public as it helps identify the location and the existence of the business of the occupant.
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 the variance (i) will not change the use of the
subject real estate as the use is permitted under the Ordinance, and (ii) will permit a sign that is
similar to other signs located in the adjacent areas.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because, absent the grant of the variance requested, (i) there
is no other area outside of the right of way upon which a suspended sign can be placed due to
the location of the house, driveway and existing vegetation and (ii) there will be a negative
impact on the general public's ability to locate the business of the occupant.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay 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/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
H:\brad\Mid America Financial\Application Zoning Appeals Action - Ben Li.doc
Page 8 of 8- zlsharedlformslBZA applicationsl Development Standards Vanance Applicallon rev. 01/0312006
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w.-~F.(l%1 C)....300F.(l411 C).
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SITE OATA
ZONED B-5
PROPOSED PARKING 14
REQUIRED PARKING 13
FRONT SETBACK ,.-
SIDE SETBACK 5'
REAR SETBACK 20'
ASPHALT PAVEMENT
REPARE PVMT. IF NES.
CONTRACTOR TO PROVIDE
CONCRETE/ASPHALT ADHESIVE
SUBMIT TO ENGINEER FOR APPROVAL
NOTES:
CONCRETE CURB DETAIL
NOT TO SCALE:
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1. WHERE SIOEWAU( IS CONSTRUCTED l~MEOlAm'f ADJACENT TO CURB. THE SURFACE OF THE
51DEWAl.K SHALL BE CONSTRUCTED \ ~ HIGHER THAN THE CURB.
2. TRANSVERSE ..JOINTS SHAlL BE CUT WITH A JOINTrR HAVING A RADIUS Of" 1/2~ AT 6'-O~ SPACING
AND 48' -0- BETWEEN EXPANSION JOINTS. (F'OR SIDEWAlK ONLY)
J. SUBGRAOE UNOER All CURB. SIDEWAlK. AND DRIVES SH.'U BE COMPACTED IN ACCORDANCE
WITH SECTION 207.02 OF THE STANDARDS SPECIFICATIONS.
4. WHERE SIDEWAlK IS CONSTRUCTED ADJACENT TO CURB, THE SPACE BEHIND THE CURB SHALl.
BE FILLED WO'H SUITABLE MATERIAL TO THE REQUIRED El.EVAnON AND COUPACTED IN LAYERS
NOT TO EXCEED 6-.
5. WHEN BUILT IN CONJUNCTlON 'MTH CONCRETE PAVEMENT, EXPANSION AND CONT!W:T10N JOINTS
SHOULD BE PlACED AT THE SAUE LOCATIONS AS IN THE PAVEMENT Sl..A8. THE CURB AND GUTTER
SHOULD BE TIED TO TliE PAVEMENT BY 14 OEFORMED RE-BAR AT J'-O~ C.c. IF NO CONCRETE
PA.VEM~T IS BEING BUILT, AT THE T1~E. THE CURS IS CONSTRUCTED. EXPANSION JOINTS SHAll.
BE PlACED AT THE ENOS Of ALL RADII AND AT INTERVAlS NOT TO EXCEED 100'. CONTRACTION
JOINTS SHALL 8E PIAr.fn AT ?n' n_~.
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