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HomeMy WebLinkAboutDept Report 08-21-01 i . CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT August 21, 2001 Ih. Docket No. 50-01 CA (Commitment Amendment): 1437 Keystone Way - Victory Beauty Systems Petitioner seeks Commitment Amendment approval to permit an additional sign. The site is located at 1437 Keystone Way, northwest of the intersection of Keystone Avenue (US 431) and 116th Street. The site is zoned B-8. Filed by Kevin Miller of Action Sign Company for Victory Beauty Systems. Note: This item paired with Item lj under New Business. Ij. Docket No. 51-01 ADLS: 1437 Keystone Way - Victory Beauty Systems Petitioner seeks ADLS approval for a sign. The site is located at 1437 Keystone Way, northwest of the intersection of Keystone Avenue (US 431) and 116th Street. The site is zoned B-8. Filed by Kevin Miller of Action Sign Company for Victory Beauty Systems. Note: This item paired with Item 1 h under Public Hearings. These two items were tabled at the June 19th and July 1 th meetings. The applicant submitted an informational packet to the Plan Commission at the July 1 th meeting. However, the Plan Commission tabled the items due to the applicant's failure to provide information for distribution prior to the meeting. Please refer to the information distributed at that meeting. It may be necessary for the applicant to have additional copies of the information available at the meeting. The Department has included a copy of the original commitment with this report. The remainder of the report is consistent with the report distributed the last two months. The applicant is requesting a commitment amendment to allow a sign to be located on the east fayade of the subject building. When originally approved, the applicant committed to forego signage in the proposed location to permit another tenant space, without frontage on that side of the building, a sign located on the existing extended wall of their space. The applicant has provided the Department with a photo for review by the Plan Commission (see attached copy). The Department is nn1 in favor of this request. The original covenant allowed the primary tenant signage to face Keystone Avenue that it otherwise would not have been permitted. For this the owner relinquished signage permitted on the Keystone side of the building for the smaller tenant space adjacent to that frontage. Today the applicant is requesting to go back and have the covenant removed from the property. Normally a request for a commitment amendment offers an equally restrictive alternative or solution to an unforeseen problem. It does not simply request to eliminate the need to follow through or make good on a previous commitment. However, if the applicant were willing to commit to the removal of the existing tenant sign the Department would support the request to allow a sign for the comer tenant on the east fayade of the building as the Ordinance would permit. .~... J. 'f .J } }, l ; RE~ ESTATB COVENANT This Real Estate Cqvenarit is entered this _____ day of JUly, 1984 by and between James F. and Judi th H. Singleton (.Covenan- torn) and the City of ~armel, Indiana (.Carmela) WITNESSETH ' WHEREAS, Covenantor' owns the following described real estate' located in Carmel" Hamilton County, Indiana: Parcel 3: Part of the South Balf of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Commencing at th~ Southwest corner of said Section, thence North 89 degrees 50 minutes'15 seconds East (assumed bearing) along the South line of said Sec- ~ion, 2847.20 feet, thence North 00 degrees 10 min- utes OQ seconds West 19.00 feet to th~,North right- of-way line of 116th Street, thence North 75 degrees 16'Binutes 00 seconds East along said North right-of- way line 103.30 feet, thence North 89 degrees 01 minutes 00 seconds East along said North right-of-way line 200.85 feet, thence North '00 degrees 09 minutes 45 seconds West 2lS.vS feet to the Point of Beginning , of Parcel Three, thence North 89 de,grees 50' minutes 15 'seconds Eas~ 137.02 feet to the beginning of a tangent curve which has a 28.64789 degree curve to the left, the radius point of said curve being North 00 degrees 09 minutes 45 seconds West 200.00 feet, thence 311.21 feet along said CUrve to the Point of Tangency thereof, the radius point of said curve being North 89 degrees 19 minutes 00 seconds West ,200.00 feet from said point, thence North 00 degrees 41 minutes 00 seconds East 17.46 feet to a point, said point being ,on the South property line of Circle, Financial Corporation as recorded in Deed Record 302, page'380 and 381 in the Office of the Recorder of Hamilton County, Indiana, thence ~outh 89 degrees 50 minutes 15 seconds West 292.26 feet to the Southwest corner of said Circle Financial Corporation, thence South 00 degrees 09 minutes 45 seconds East 132.04 feet, thende south 89 degrees 50 minutes 15 seconds w~st 45.00 feet, thence South 00 degrees 09 minutes 45 seconds East 82.47 feet to the Point,of Beginning,' containing 1.326 aC?res, ~ore or less. WHEREAS, Covenantor de~lres to restrict signage allowable to structures, placed on the above-described' real estate and that such covenant regarding the signage continue to encumber the real estate. NOW THEREFORE, Covenantor unilaterally covenants to Carmel as follows: I., Covenantor has agreed to construct an 11,400 square foot retail structure on the above-described real estate divided into a westerly 7,200 square foot segment and two 2,100 square foot segments located to the east.' , \ ..-./ -. f' . ,.1 ,J 2. Covenantor relinquishes slgnage permitted by the Carmel sign ordinance, as it may be a1l!ended from time to time, as such ordinance permits the location of signage on the eastern w~ll of the eastern portion of the most eastern 2,100 square foot struc- ture and in its pla~e covenants to the placement of such signage . ' on the split f~ced concrete bloqk wall extended above the separa- ' tion wall between the westerly 1,200 square foot segment and the remaining 4,200 square foot segment of the building located on the above-described real estate. 3. It is the purpose of this covenant to permit signage . . allowed by the ordinance, as amended, to be utiliz~d by the larger segment of the structure and to restrict signage of the easterly smaller segment of the" structure to its south elevation only and prohibiting sign~ge on the east elevation of such small- er structure. IN WITNESS ,WHEREOF, Covenantor has executed the foregoing real estate covenant on the date and year first above written. James F. Singleton Judith B. Singleton STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) SUBSCRIBED AND SWORN TO before me, a Notary Public in and for said County and State, this ~ day of , 1984. Notary Public, Prlnted Name My Commission Expires: My County of Residence:' This instrument was prepared by E. Davis Coots, Coots, Henke , & Wheeler, 255 E. Carmel Drive, Carmel, Indiana 46032. 2 I -"