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HomeMy WebLinkAboutApplications .,. .~. ~ll . r.~ U .. 17Ft 22 :','.ij <..vutJ Docs CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA , APPLICATION FOR BOARD OF ZONING APPEAL'S:~<:;r~()~ \_,:// SPECIAL USE APPROVAL REQUEST '~-1.,-,--~;-,/ DOCKET NO. DATE RECEIVED: I) Applicant: _JfazGI Q~ILQffice Development, LLC Address: _J755 E, 84~dSt[~~t. Suite 270. Indianapolis. IN 46240 2) Project Name: _JJl:i,zel Dell Office Phone: 317/841-9900 Engineer/ Architect: Am~rican Consulting Inc./Fred Fackenthal Phone: 547-5580 Attorney: kme!.;L ~~Ison Phone: 844-0106 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property _i___ (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: 5) Record of Ownership: Deed Book No. Page: Purchase Date: Seotember 30. 1999 6) Common address of the property involved: No C/ A assigned - northwest comer ofE 131 st ~mJ Hazel I)~H Legal description: ____See Exhibit' A' Tax Map Parcel No.: _Jil-10-28-00-00-039.000 ~~ i' ~ u 7) State explanation of requested Special Use: See E~hibit 'B'_ 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact") See Exhibit 'C' 9) Present zoning of the property (give exact classification): B-3 Business District 10) Present use of the property: Undeveloped Real Estate I I) Describe the proposed use of the property: Office Building 12) Is the property: Owner occupied { Renter occupied Other I J) Are there any restrictions, laws, covenants, variances. special uses, or appeals filed in connection with t his property that would relate or affect its use for the specific purpose ofthis application? If yes, give date and docket number, decision rendered and pertinent explanation. NO__ 14) Has work for which this Application is being filed already started? If answer is yes, give details: NO Building Permit Number: Builder: 15) If proposed appeal is granted, when will the work commence? Immediately following approval. 16) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applic~.I1tjt~.~lJ~cessors and assigns. ~ '-W u NOTE: LEGAL NOTICE shall be published in The Noblesville Daily Ledger a MANDATORY twenty-five (25) days prior to the public hearing date and should be published in the next available publication date ofIh~(~fm~LNews Tribune. The certified "ProofofPublication" affidavits of both newspapers 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: I) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting 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). Rf.AkIZJ: THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS T ASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DA YS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. 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 advise of hislher attorney. I, Jon Ogle, Auditor of Hamilton County, Indiana, certifY that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. a..> u AFFIDA VIT I, James J. Nelson, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. ~\\ J es els~ Attorney for Applicant and Owner STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared James J. Nelson, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing. WITNESS my hand and Notarial Seal this 20th My Commission Expires: July 6. 2006 auer, Notary Public Jessica M. Bauer, N iir Morgan County State of Indiana,-Mafi9R County Notary Public Seal .Mb {"t) CU) Commission Expires: 71612006 ~ u EXHIBIT "A" LEGAL DESCRIPTION Part of the Northeast Quarter of Section Twenty-eight in Township Eighteen North, Range Four East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence North 89 degrees 35 minutes 24 seconds West (assumed bearing) along the South line of said Northeast Quarter a distance of 579.48 feet; thence North 00 degrees 20 minutes 43 seconds East, parallel with the East line of said Northeast Quarter, a distance of 874.50 feet; thence South 77 degrees 52 minutes 47 seconds East a distance of298.33 feet to the Point of Beginning; thence North 00 degrees 20 minutes 43 seconds East, parallel with said East line, a distance of280.50 feet; thence South 89 degrees 55 minutes 53 seconds East a distance of227.43 feet; thence South 00 degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 421.32 feet; thence North 58 degrees 05 minutes 21 seconds West a distance of266.92 feet to the Beginning Point, containing 1.832 acres, more or less. ~ u EXHIBIT "B" EXPLANATION OF REQUESTED SPECIAL USE APPROVAL The Applicant is requesting a Special Use to permit the construction of an office building on the real estate pursuant to the plans filed herewith. I __ , '. w . \ U EXHIBIT 'C' CARMEL/CLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Hazel Dell Office Development. LLC flNJUNGS OF FACT - SPECIAL USE I. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and all prerequisites have been met by Petitioner as verified by Petitioner. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because an office building is a permitted special !!se JJnd~rJh~j3-1~B.lJsine!\s.Qistrict Classification and is presumed appropriate: no evidence of probative value was presented to rebut the favorable presumption: and all plans have been reviewed ~1l~Jlpproy~dJ)YJhe Techni~al Advisory Committee. J The Special Use is physically suitable for the land in question because an office building iS~l'~ImiU~d~~~iaIJJse ullJkrJhe B-3 Business District Classification and is presumed appropriate: no evidence ofprobative value was presented to rebut the favorable presumption: and all plans have b~eI}J~yi~w~~t\-'1~tapproved.by_ the Technical Advisory Committee. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because .1111 office byildillgjs. ~'permitted special use under the B-3 Business District Classification and is presumed appropriate: no evidence of probative value was presented to rebut the favorable Vr~s.!JJ:nPtiQn~~-,]~:t~ILplans hay~.b~~n reviewed and approved by the Technical Advisory Committee. S. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because such municipal services are available to the real estate and the requirements for a single offj~~b\.Jildi!l!U!re J1Qt .s\.Jf1"iGj~nt to impact such services. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.4 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use. True. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket No. ~_.__m______ 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 261h day of February, 200 I. 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). _..._ ...__....1_ , CL'7--0-. -./ I , ~,( ,/ . WCITY OF CARMEL - CLAY TOW~IIP HAMILTON COUNTY. INDIANA ~ ~ APrJ~I.c^ liON FOR BOARD OF ZONING APPEALS ACTION~ ~ ~ I!EYt:LQfMENTAL_STANDARDS VARIANCE REOUEST (SIGN VARIA~CEf' ;," FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance b~ingi l"f~ DOCKET NO. DATE RECEIVED: I) Applicant:_Uc!l,t;t Q~ltQffice Development. LLC Address: 3755 E. 82nd Street. Suite 270. Indianapolis. IN 46240 2) Project Name: Hazel Dell Office Phone: 841-9900 Engineer/Architect: .A!l1erican Consulting Inc./Fred Fackenthal Phone 547-5580 Attorney:--"~nw~J, I\L~bon Phone: 317/844-0106 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property -L (b) The applicant is the contract purchaser of the property (c) Other:._.._ 4) Ifltem (3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No./lnstrument No. Page: _____._ Purchase date: September 30,1999 6) Common address of the property involved: no CIA assigned - northwest comer ofE 13181 Street and Hazel Dell Legal description: See Exhibit "An. (hereafter "Real Estate") Tax Map Parcel No.: 16-10-28-00-00-039.000 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number( s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). .._._.n_. Sf:~J~-,~hibit "8" (hereafter "Explanation") .._. L_ i ;- .-.. 8) State reasons SUPPO~g the Developmental Standards varianc9AdditionallY, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). Se~E,:<hibit "e" 9) Present zoning of the property (give exact classification): B-3 Business District 10) Size oflot/parcel in question: 1.832 acres II) Present use of the property: Undeveloped Real Estate 12) Described the proposed use of the property: Office Building 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, decision rendered and pertinent explanation. See Exhibit "B" Explanation 15) Has work for which this Application is being filed already started? Ifanswer is yes, give details: NO Building Permit Number: N/ A Builder:~lA___ 16) If proposed appeal is granted, when will the work commence? _-1!:rImedil!l~!Y follQ_wing approval 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant. its successors and assigns. NQIE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger 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: n __ _____ _ _ _ _ ___J___ ~. I) QJ' CERTIFIED MAIL - RETURN RECEIPT REQUE~D sent to adjoining and abutting 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 f'Or verification that the notice was completed). R~!\LJZI: THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assi~ned until all supporting information hasJ;>~~!L~l!hmitt~dJQdtheD~p~n!!1ent of Community Services. The applicant certifies by signing this application that he/she has been advised that all representations ofthe Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advise of his/her attorney. I. , Auditor of Hamilton County, Indiana, certify that the attached -- (Please Print) affidavit is a true and complete listing ofthe adjoining and adjacent property owners ofthe property described herewith. QWNER ADDRESS Auditor of Hamilton County. Indiana-Signature Date ~ AFFIDA VIT u I, James J. Nelson, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that the f()regoing signatures, statements and answers herein contained and the information herewith submitted arc in all aspects true and correct to the best of my knowledge and belief STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared James 1. Nelson, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing. WITNESS my hand and Notarial Seal this 20th day of December. 2000. My Commission Expires: _!uJy_f>->_2QQQ._______~ This documents prepared hy: James J. Nelson NELSON & FRANKENBERGER 3021 E. 98th Street, Suite 220 Indianapolis, IN 46280 Jessica M. Bauer, Notary Public State of Indiana,M8rion County Notary Public Seal MeV9l.u'\ Commission Expires: 7/6/2006 1- '. w EXHIBIT "A" u LEGAL DESCRIPTION Part of the Northeast Quarter of Section Twenty-eight in Township Eighteen North, Range Four East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence North 89 degrees 35 minutes 24 seconds West (assumed bearing) along the South line of said Northeast Quarter a distance of 579.48 feet; thence North 00 degrees 20 minutes 43 seconds East, parallel with the East line of said Northeast Quarter, a distance of874.50 feet; thence South 77 degrees 52 minutes 47 seconds East a distance of298.33 feet to the Point of Beginning: thence North 00 degrees 20 minutes 43 seconds East, parallel with said East line, a distance of 280.50 feet; thence South 89 degrees 55 minutes 53 seconds East a distance of 227.43 feet; thence South 00 degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 421.32 feet; thence North 58 degrees 05 minutes 21 seconds West a distance of 266.92 feet to the Beginning Point, containing 1.832 acres, more or less. -- - - ___n______ _ ___ __~_____ __-L_ ^. . w u EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS VARIANCE The Applicant is the owner of a parcel of real estate less than five (5) acres in size and is requesting a variance from Section 25.7.02-87 of the Zoning Ordinance to permit a ground identification sign to be thirty (30') square feet rather than ten (10') square feet as provided in subparagraph C. ____ __ _ ____ ____n__ _________L . w u EXHIBIT "C" CARMEL/CLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner:---.l::I..azel D~tLQm~.~ Development. LLC FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE I. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed sign is in keeping with the size and tyPe of sign common in the ar~Cl f()r such business purposes. 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 proposed sign is in keeping with the size and type of sign common in the area for such business purposes. 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: the Applicant will be denied the opportunity to have a shm adequate in size to identifY its business name and ourpose. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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 .l~lh_.day of Fehruarv. 2001. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRET AR Y, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).