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HomeMy WebLinkAboutPacket 1:. - . . '"" " . ...,...<" /~>' \ DEVELOPMENT STANDAd: F[~ '\~~~ VARIANCE APPLICATION\ANDDocs /~~7 .,r, .j",.. ':"... / SPECIAL USE APPROVAL \:~)>> /C'(;<)/ '~<(tJ~_'Lji)-=~~i~~~')~/ APPLICA TION FOR Ritter's Frozen Custard A T WEST CARMEL CENTER (Southeast Corner of l06th Street and Michigan Road) Prepared by: ~} American Consulting, Inc. 4165 Millersville Road Indianapolis, IN 46205 (317) 547-5580 Applicant: Glendale Partners 320 N. Meridian Street, Suite 700 Indianapolis, IN 46204 Board of Zoning Appeals February 2001 u . Table of Contents U .. u u Q r-- 1 Letter of Introduction ~ 2 Petition and Applications .-- 3 Site and Landscaping Plan r- 4 Architectural Renderings - 5 Signage Plans ~ AVlCRV@ READY!NDE)('M INDEXiNG SYSTEM i ~ u u February 7, 2001 To: Members of the Carmel! Clay Township Board of Zoning Appeals Re: Ritter's Frozen Custard at West Carmel Center Docket Numbers SU-12-01, V-13-Ol, V-14-0l, V-15-0l, V-16-01, V-17-01, V-19-0l On February 26,2001, Glendale Partners West Carmel0utlots, LLC will present an Application for Special Use and Applications for Developmental Standards Variances to the Board of Zoning Appeals for the following items: Docket Number SU-12-0l - Special Use Request: Requesting a special use as required under B-3 zoning to allow fora restaurant; This property falls within the US Highway 421 - Michigan Road Corridor Overlay Zone. . Docket Number V -13~0 1 : Proposing that the restaurant relocate foundation plantings on the front side of the building. This variance pertains to Section 23C.1O.2 (2) "Areas to be Landscaped: Foundation Plantings" .. from the US Highway 421 - Michigan Road Corridor Overlay Zone Ordinance No. Z~326.. Docket Number V-14-01: Requesting that additional signs be permitted. This variance pertains to Section 25.7.02-7 (B) "Special Use and Use Variance Signs: Number & Type" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. u Docket Number V-15-01: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the west side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-16-01: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the east side of the building. Thi~ variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket NumberV-17-01: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard"on the south side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-19-01: Requesting that the building square footage be reduced to 1315 square feet. This variance pertains to Section 23C.8.4 "Minimum Gross Floor Area" from the US Highway 421 - Michigan . Road Corridor Overlay Zone Ordinance No. Z-326. The proposed commercial development is generally described in the enclosed petitions, applications, plans and drawings, and is more completely described in the plans on file with the Department of Community Services. Thank you for your consideration of these matters. We are looking forward to presenting this project to you on February 26, 200 1. u HAMILTON COUNTY, INDIANA APPLlC~ON FOR BOARD OF ZONING APPEALQCTION u DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. ". \~- b\ DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street 2) Project Name: Ritter's Frozen Custard at West Carmel Center Phone: 317.264-9400 Phone: 317.547.5580 Engineer/Architect: American ConsultinO,lnc. Attomey: 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 Phone: (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: u Owner's address: Phone: 5) Record of Ownership: Deed Book No.llnstrument No. Instrument Number 199909972976 Page: Purchase date: 12.21.99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request). The petitioner reouests a variance to amend provisions which relate to the US Hiohwav 421 Michioan Road Overlav Zone, Section 23C.1 0.2 (2), Foundation Plantinos. The petitioner reouests that no foundation plantinos be installed adiacent to the west side of the store. u Page 1 of 8 n Developmenlal Standards Varience Applicetion -, - . sheet entitled "Findings of Fact-Developmental Standards Variance"). lvvindow service to its customers. service to its customers. 9) UO) Present zoning of the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Unimoroved / vacant 12) Describe the proposed use of the property: Restaurant 13) Is the property: Owner occupied Renter occupied Other Not occuoied 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. No previous encumbrances. 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? Sorina 2001 If the proposed variance is granted, who will operate ancllor use the proposed improvement for which this application has been filed? Ritter's Frozen Custard u 17) NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer 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 TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed until all suooortina information has been U submitted to the Deoartment of Community Services. Page 2 01 8 - Developmental Standards Variance Application u u u (j,) u Land Description A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as foll~ws: Commencing at the Northeast Corner of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL W ARR.ANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709 acre tract ofland; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to ~e POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South' 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of .1 u u u V' beginning; thence North 53 degrees 05 minutes 14 seconds East 23~ feet to the POINT OF BEGINNING containing 4.174 acres, more or less. The applicant certifies by signing this application that he/she has been advised that all representations of the _ Department of Community Service~I~~r advisory only and that the applicant shoplq rely on appropriate subdivision and zoning ordinance and/or the legal ~e of his/her attorney. U I, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) U affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS ,U Auditor of Hamilton County, Indiana--Signature Date U Page 3 of 8 - Developmental Standards Variance Application u (;) AFFIDAVIT UI, 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: -;J!1I. (Property Owner, Attor y, or Power of Attorney) JLi.li.J f~ T. S;-/T7~ ::::uL (Please Print) . STATE OF INDIANA SS: i\ o..n'Df\ (County in which notarization takes place) ~~.\\k _ (Notary Public's county of residence) U 0\\bffi T~\:)") (Property Owner, Attorney, or Power OlAttorney) County of Before me the undersigned, a Notary Public for County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this \ \4 day of ~ (\~oS''-I ,200J .. (SEAL) My commissiopexPires: QcO\ ~l I,~ U Page 4 of 8 " Developmental Standards Variance Application u u u <U u .. NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLA Y BOARD OF ZONING APPEALS Docket Numbers: SU-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol Notice is hereby given that the CarmeVClay Board of Zoning Appeals on the 26th day of February, 200 1 at 7:00 p.m. in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon the following CarmeVClay Board of Zoning Appeals applications: Docket Number SU-xx.-Ol - Special Use Request: Requesting a special use as required under B-3 zoning to allow for a . restaurant. This property falls within the US Highway 421 - Michigan Road Corridor Overlay Zone. Docket Number V-xx-Ol: Proposing that the restaurant relocate foundation plantings on the rear side of the building. This variance pertains to Section 23C.10.2 (2) "Areas to be Landscaped: Foundation Plantings" from the US Highway 421 - Michigan Road Corridor Overlay Zone Ordinance No. Z-326. Docket Number V -xx-O 1: Requesting that additional signs be pencitted. This variance pertains to Section 25.7.02-7 (B) "Special Use and Use Variance Signs: Number & Type" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302: Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the west side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. . Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the east side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-xx-OO: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the south side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. The property being known as part of Block A at West Carmel Center. The real estate affected by said application is described as follows: A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7. Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (ni.easured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the u u u v U following four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feeti thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left. said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48.seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South S3 degrees OS minutes 14 seconds West of the point of beginning; thence North S3 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. ANY QUESTION REGARDING TillS APPLICATION PLEASE CONTACT: KEVIN McKASSON GLENDALE PARTNERS 320 N. 1\1ERIDIAN STREET INDIANAPOLIS, IN 46204 TEL: 317.264.9400 v /' U . PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING u (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number I (WE) CARMEUCLAY BOARD OF ZONING APPEALS DO HEREBY CERTIFY THAT NOTICE OF , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: Signature 0 Petitioner ~~n nty in hlch notarization takes place) for " l\~ (Notary blic's county of residence) \k~,\\\orCl T ~") (Property Owner, Attorney, or Power of Att rney) \\-ID U.' The undersigned, having been duly sworn u informed and believes. Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this day of (SEAL) Notary PUbIiC--P1eeo Print\ \ My commission expires:--Gl..p^ Cl,~ U Page 6 01 8 .. Developmental Standards Variance Application v u CARMEUCLAY BOARD OF ZONING APPEALS . U Docket No. : Carmel, Indiana Petitioner: FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. U 3. DATED THIS DAY OF ,20 Board Member u Page 7 01 B .. Developmental Standards Variance Application u Q CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA u Docket No.: Petitioner: Glendale Partners West Carmel Outlots, LLC FINDINGS OF FACT - DEVELOPMENTAL 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: The reduction in foundation plantinas is not a public health and safetv issue. 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 adiacent properties are commercial in nature as well and will not be neaativelv impacted bv the reduction in . foundation plantinas. 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: u The restaurant provides outdoor window service. Plantinas alona the buildina foundation would interfere with how service is orovided to the customer. 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 day of ,20 CHAIRPERSON, CarmeVClay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S:\carmelclaylanduseregs\checklist\devstandapp Revised 1/25/2000 u Page 8 ot 8 - Developmental Standards Variance Application Q.) HAMILTON COUNTY, INDIANA Q APPLICATION FOR BOARD OF ZONING APPEALS ACTION u DEVELOPMENTAL STANDARDS VARIANCE REQUEST DOCKET NO. FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. \J-\~-O\ DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots. LLC Address: 320 North Meridian Street 2) Project Name: Ritter's Frozen Custard at West Carmel Center Engineer/Architect: American Consultina. Inc. Phone: 317-264-9400 Phone: 317-547-5580 Attorney: 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 Phone: (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: u Owner's address: Phone: 5) Record of Ownership: Deed Book No./lnstrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-1999 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request). The oetitioner reauests a variance to amend orovisions which relate to the Carmel and Clay Townshio Sian Ordinance. Section 25.7.02-7(B), Soecial Use and Use Variance Sians : Number and Tyoe. The oeUtioner reauests that three wall sians be oermitted. The three wall sians are: one 22 sf sian labeled "Ritter's Frozen Custard" on the east side,and one 28 sf sian labeled "Ritter's Frozen Custard" on the west side.and one 22 sf sian labeled "Ritter's Frozen Custard" on the south side. u Page 1 of B - Developmental Standards Variance Application 11) Present use of the property: Partially developed for commercial/retail use I PartiallY undeveloped 12) Describe the proposed use of the property: Restaurant 13) Is the property: Owner occupied Renter occupied Other Not occupied VI . 9) 010) 14) ....,.."""._ _____.._ --r-I"""-_...O;;:J -..- - -. -.-.-... -. - .. sheet entitled "Findings of Fact-Developmental Standards Variance"). The ordinance allows for 0 r \ ne identification si n. In order to be able {- e uatel direct and inform customers additional sionaqe is requested. Present zoning of the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 acres 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. No previous encumbrances. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: 16) o o Builder: 17) If proposed appeal is granted, when will the work commence? Sprinq 2001 If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Ritter's Frozen Custard NOTE: LEGAL NOTICE shall be published in the NobJesville Daily Ledaer 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 TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assiqned until all supportina information has been submitted to the Department of Community Services. Page 2 of 8 - Developmental Standards Varianca Application . . u u u ~ (- u Land Description A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Conunencing at the Northeast Corner of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL wARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709 acre tract ofland; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point oftangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to ~he POINT OF BEGINNING of this description; thence North 36 degrees .54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds Bast 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South . 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of u u u w 0 beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community ServiceFT"\e advisory only and that the applicant shoL"r,j rely on appropriate subdivision and zoning ordinance and/or the legal ~e of his/her attorney. U . I, ' Auditor of Hamilton County, Indiana, certify that the attached (Please Print) U affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS U Auditor of Hamilton County, Indiana--Signature Date u Page 3 of 8 - Developmenlal Slandards Variance Applicalion w o AFFIDAVIT l..\ 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:~ L (Property Owner, Attor , or Power of Attorney) w;/I,<",- T ~~.s. .IJJ:. (Please Print) . STATE OF INDIANA SS: for County, State of Indiana, personally appeared County of D o nty in which notarization takes place) Before me the undersigned, a Notary Public U ~\\loJ1\"T ~~ ") (Property Owner, Attorney, or Power f Attorney) and acknowledge the execution of the foregoing instrument this \\-\n ~ua.~ ,200 \ day of (SEAL) My ~t~exP\~s:Q(t)' u Page 4 01 8 - Developmental Standards Variance ApplicaUon u u u ~ o NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLA Y BOARD OF ZONING APPEALS Docket Numbers: SU-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol Notice is hereby given that the CarmeUClay Board of Zoning Appeals on the 26th day of February, 2001 at 7:00 p.m. in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon the following CarmeUClay Board of Zoning Appeals applications: Docket Number SU-xx-Ol - Special Use Request: Requesting a special use as required under B-3 zoning to allow for a . restaurant. This property falls within the US Highway 421 - Michigan Road Corridor Overlay Zone. Docket Number V -xx-Ol: Proposing that the restaurant relocate foundation plantings on the rear side of the building. This variance pertains to Section 23C.10.2 (2) "Areas to be Landscaped: Foundation Plantings" from the US Highway 421 - Michigan Road Corridor Overlay Zone Ordinance No. Z-326. Docket Number V-xx-Ol: Requesting that additional signs be permitted. This variance pertains to Section 25.7.02-7 (B) "Special Use and Use Variance Signs: Number & Type" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302: Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the west side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-xx-Ot: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the east side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-xx-OO: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the south side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. The property being known as part of Block A at West Carmel Center. The real estate affected by said application is described as follows: A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (ni.easured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the u u u ~ o foJlowing four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48.seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 d~grees S7 minutes 18 seconds East 623.36 feet; 3) "thence South 24 degrees 47 minutes S 1 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degreesS7 minutes 18 seconds East 2.02 feet to a point being South S3 degrees OS minutes 14 seconds West of the point of beginning; thence North S3 degrees OS minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. ANY QUESTION REGARDING THIS APPLICATION PLEASE CONTACT: KEVIN McKASSON GLENDALE PARTNERS 320 N.1\IIERIDIAN STREET INDIANAPOLIS, IN 46204 TEL: 317.264.9400 w o PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING u I (WE) CARMEL/CLAY BOARD OF ZONING APPEALS DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA S8: --li1 - Signature of Pelitioner County of O.f\ 6~ , (C unty in wpich notarization takes place) for l\-tc~ (Notary ublic's county of residence) ~l\ ' (Property Owner, Attorney, or Power of \ \~ day of " \J ve information is true and correct and he is U The undersigned, having been duly sworn u informed and believes. . Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this (SEAL) u Page 6 01 8 - Developmental Standards Variance Applicetion (J) Q CARMEUCLAY BOARD OF ZONING APPEALS U Docket No. : Petitioner: Carmel, Indiana FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. U 3. DATED THIS DAY OF ,20 Board Member u Page 7 01 6 - Dll\Ielopmenlal Standards Variance Application w o u CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Glendale Partners West Carmel Outlots. LLC FINDINGS OF FACT - DEVELOPMENTAL 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: The proposed sian age will help inform the public about the development. The variance will not negativelv impact the public in any way. 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 adiacent properties are zoned for B-3 and B-5 development. Similar sianaae would be expected for these types of development. The sianaae is compfimentarvto the buildina. U3. 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 public would not be able to easily identify the store. DECISION IT IS THEREFORE the decision of the CarmeVCfay 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 day of ,20 CHAIRPERSON, CarmeVClay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S:\carmelclaylandussregs\checklist\devstandapp Revised 1/2512000 u Page 8 of 8 - Developmental Standards Variance Application ~ w HAMILTON COUNTY, INDIANA 0 APPLICATION FOR BOARD OF ZONING APPEALS ACTION u DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO.~.. \~.O \ DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots. LLC Address: 320 North Meridian Street 2) Project Name: Ritter's Frozen Custard at West Carmel Center Engineer/Architect: American Consultina. Inc. Phone: 317-264-9400 Phone: 317-547-5580 Attomey: 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 Phone: (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: u Owner's address: Phone: 5) Record of Ownership: Deed Book NO./Instrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request). The petitioner reauests a variance to amend provisions which relate to the Carmel and Clav Township Sian Ordinance. Section 25.7.02-7(C). Special Use and Use Variance Sians: Maximum Sian Area. The petitioner reauests that a 28 sauare foot wall sian labeled "Ritter's Frozen Custard" be permitted on the west side of the buildina (alona US 421). u Page 1 01 8 - Developmental 51andards Variance Application UJ ,,",,'U""" 1"'"'''''_.......'''' ""-t't''''''..... 1::1 ....- - -. -'-'-'" -. .--.., ----.. -.-.. ,_. - , sheet entitled "Findings of Fact-Developmental Standards Variance"). ,; U 9) 10) 11) 12) 13) special use cateaorv 40 sauare feet of sian area would be permitted. (Sian Chart 8) Present zoning of the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 Present use of the property: Partiallv developed for commercial/retail use I Partiallv undeveloped. acres Describe the proposed use of the property: restaurant Is the property: Owner occupied Renter occupied Other Not occupied 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. No previous encumbrances. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: U 16) Builder: If proposed appeal is granted, wheh will the work commence? Sorina 2001 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Ritter's Frozen Custard NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer 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: u 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 TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed until all supportina information has been submitted to the Department of Community Services. Page 2 of 8 - Developmental Standards Variance ApplicaUon u u u U) o Land Description A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as fol1~ws: Commencing at the Northeast Corner of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direc~ion) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seConds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South. 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of I - . u u u ~ Q beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Servicey~r(3 advisory only and that the applicant ShOU"'~ rely on appropriate subdivision and zoning ordinance and/or the legal ~e of his/her attorney. ;; I, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) Uaffidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS u Auditor of Hamilton County, Indiana--Signature Date u Page 3 of 8 - Developrrental Standards Variance Application ~ i o AFFIDAVIT U 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. Co nty in which notarization takes place) for -k,~ -' (Notary Public's county of residence) U ~ h\lotl r :5\ca~ . (Property Owner, Attorney, or Power of A orney) STATE OF INDIANA SS: County of Signed: 1 t is (Property Owner, Attor ey, or Power of Attorney) Date IV; 1 ~<...:... 1:: ~... -(? (Please Print) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared \rlli day of ~(\\JGf''' . ..(SEAL) U and acknowledge the execution of the foregoing instrument this , 200_' My CO'("]lr'lJr'rah Q<X) \ \ Page 4 at 8 -- Developmental Standards Variance Application i u u u CD o NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLA Y BOARD OF ZONING APPEALS Docket Numbers: SU-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol Notice is hereby given that the CarmeVClay Board of Zoning Appeals on the 26th day of February, 2001 at 7:00 p.m. in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon the following CarmeVClay Board of Zoning Appeals applications: Docket Number SU-xx-Ol - Special Use Request: Requesting a special use as required under B-3 zoning to allow for a. restaurant. This property falls within the US Highway 421 - Michigan Road Corridor Overlay Zone. Docket Number V -xx-OI: Proposing that the restaurant relocate foundation plantings on the rear side of the building. This variance pertains to Section 23C.lO.2 (2) "Areas to be Landscaped: Foundation Plantings" from the US Highway 421 - Michigan Road Corridor Overlay Zone Ordinance No. 2-326. Docket Number V-xx-OI: Requesting that additional signs be pennitted. This variance pertains to Section 25.7.02-7 (B) "Special Use and Use Variance Signs: Number & Type" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302: Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the west side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the east side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-xx-OO: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the south side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. The property being known as part of Block A at West Carmel Center. The real estate affected by said application is described as follows: A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17rh) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County. Indiana, the . u u u CD 0 following four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees OS minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 d~grees 57 minutes 18 seconds East 623.36 feet; 3) thence South 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South S3 degrees 05 minutes 14 seconds West of the point of beginning; thence North S3 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. ANY QUESTION REGARDING TIllS APPLICATION PLEASE CONTACT: KEVIN McKASSON GLENDALE PARTNERS 320 N. MERIDIAN STREET INDIANAPOLIS, IN 46204 TEL: 317-264-9400 (D Q .. PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING u I (WE) CARMEUCLAY BOARD OF ZONING APPEALS DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA ss: u The undersigned, having been duly sworn informed and believes. information is true and correct and he is Before me the undersigned, a Notary Public for ~' (No a Public's county of residence) ~\\"o(f\ t ~"S (prope.tdwner, Attorney, or Power of A orney) \ \~ day of County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this . (SEAL) \- u Page 6 01 8 -- Developmental Standards Variance Application '-D (;) .. CARMEUCLAY BOARD OF ZONING APPEALS u Carmel, Indiana Docket No. : Petitioner: FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. U 3. DATED THIS DAY OF ,20 Board Member u Paga 7 of 8 .. Developmental Standards Variance Application Cj) u i CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA u Docket No.: Petitioner: Glendale Partners West Carmel Outlots FINDINGS OF FACT. DEVELOPMENTAL 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: The proposed sionaae will help provide information to the public about the development. The variance will not have a neaative impact on the public in any way. 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 adjacent properties are zoned for B-3 and 8-5 development. Similar sianaoe would be expected for these types of development. The sianaae is complimentary to the buildina and faces the adiacent roads. 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: u The maximum sianaae area permitted bY the sian ordinance would allow for a sian that would be difficult to view. DECISION IT IS THEREFORE the decision of the CarmeVClay 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 day of ,20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S:\carmelclaylanduseregs\checklist\devstandapp Revised 1/25/2000 u Page 8 or 8 - Developmental Slandards Variance Applicetion VI I . """. "". .......__ __... . -... -_. .~~ U HAMILTON COUNTY, INDIANA U APPLICATION FOR BOARD OF ZONING APPEALS ACTION u DEVELOPMENTAL STANDARDS VARIANCE REQUEST DOCKET NO. FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. J.. \\.0 ..0\ DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots. LLC Address: 320 North Meridian Street 2) Project Name: Ritter's Frozen Custard at West Carmel Center Engineer/Architect: American Consultino, Inc. Phone: 317-264-9400 Phone: 317-547-5580 Attorney: 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: Phone: u Owner's address: Phone: 5) Record of Ownership: Deed Book No.llnstrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request). The petitioner reouests a variance to amend provisions which relate to the Carmel and Clav Township Sion Ordinance. Section 25.7.02-7(Cl. Special Use and Use Variance Sians : Maximum Sion Area. The petitioner reouests that a 22 souare foot wall sion labeled "Ritter's Frozen Custard" be permitted on the east side of the buildino. u Page 1 of 8 .. Developmental Standards Variance Application "/ i U 9) 10) 11 ) 12) 13) ;h~;t .;~itl~d "Fi~di~'g~'~f-'F~~t:6~;;~~p~'e-~t~1 St~~d~irds Varianc~"). special use cateaorv 40 sauare feet of sian area would be permitted. (Sian Chart B) Present zoning of the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 Present use of the property: Partiallv developed for commercial/retail use / Partiallv undeveloped Describe the proposed use of the property: restaurant acres Is the property: Owner occupied Renter occupied Other Not occupied 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. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: U 16) _ 17) NOTE: No previous encumbrances. If proposed appeal is granted, when will the work commence? Sprina 2001 If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Ritter's Frozen Custard LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer 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 U TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed until all supportina information has been submitted to the Department of Community Services. Page 2 01 8 - Developmental Standards Variance Application ;; u u u u Land Description o A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees -54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.s0 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South' 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of ;; u u u beginning; thence North 53 ~grees 05 minutes 14 seconds East 236Q feet to the POINT OF BEGINNING containing 4.174 acres, more or less. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community ServicEr1re advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal a...lJce of his/her attorney. U -;- I, ' Auditor of Hamilton County, Indiana, certify that the attached (Please Print) U affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS U Auditor of Hamilton County, Indiana--Signature Date U Page 3 of 8 - Developmental Standards Variance Application u o i AFFIDAVIT U 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. _lvlllt~ l. S~C1Rs Tfr (Please Print) , STATE OF INDIANA SS: ~. County of ano~ (Cou ty In whIch notarization takes place) for ~. . tle>1\.....J County, State of Indiana, personally appeared (Notary Public's county of residence). U ... . ~ -r.~~ (Property Owner, Attorney, or Power 0 Attorney) \\\11 , Before me the undersigned, a Notary Public and acknowledge the execution of the foregoing instrument this day of ~f'\ l )()f',~ ,200 \ (?F.AL) MY~eXl~s~ ~ , u Page 4 01 8 .. Developmental Slandards Variance Application ; u u u u o NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLA Y BOARD OF ZONING APPEALS Docket Numbers: SU-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol Notice is hereby given that the CanneVClay Board of Zoning Appeals on the 26th day of February, 2001 at 7:00 p.m. in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon the following CarmeVClay Board of Zoning Appeals applications: Docket Number SU-xx-01 - Special Use Request: Requesting a special use as required under B-3 zoning to allow for a. restaurant. This property falls within the US Highway 421 - Michigan Road Corridor Overlay Zone. Docket Number V-xx-Ol: Proposing that the restaurant relocate foundation plantings on the rear side of the building. This variance pertains to Section 23C.I0.2 (2) "Areas to be Landscaped: Foundation Plantings" from the US Highway 421 - Michigan Road Corridor Overlay Zone Ordinance No. Z-326. Docket Number V-xx-Ol: Requesting that additional signs be permitted. This variance pertains to Section 25.7.02-7 (B) "Special Use and Use Variance Signs: Number & Type" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302: Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the west side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302. Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the east side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. Z-302. Docket Number V-xx-OO: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the south side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302. The property being known as part of Block A at West Carmel Center. The real estate affected by said application is described as follows: A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (nieasured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the tenninus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the -. u u u o ~ foJlowing four (4) courses are along the boundary of said 3.709 acre tract of land9thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 51 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpen~cularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 . seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 51 minutes 18 seconds East 623.36 feet; 3) thence South 24 degrees 41 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 51 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. ANY QUESTION REGARDING THIS APPLICATION PLEASE CONTACT: KEVIN McKASSON GLENDALE PARTNERS 320 N. MERIDIAN STREET INDIANAPOLIS, IN 46204 TEL: 317.264.9400 .. o o PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING u I (WE) CARMEUCLAY BOARD OF ZONING APPEALS DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: U.' The undersigned, having been duly sworn u informed and believes. . . ormation is true and correct and he is Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this day of (SEAL) Notary pUbh~e PE)' ~ l My commission expires:Q to u Paga 6 of 8 -. Developmenlal Standards Variance Application o o CARMEUClAY BOARD OF ZONING APPEALS U Docket No. : Petitioner: Carmel, Indiana FINDINGS OF FACT. DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. U3. DATED THIS DAY OF ,20 Board Member u Page 7 01 B - DBVelopmantaJ Standards Variance Application o o . CARMELJCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA u Docket No.: Petitioner: Glendale Partners West Carmel Outlots FINDINGS OF FACT. DEVELOPMENTAL 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: The proposed sianaae will help provide information to the public about the development. The variance will not have a neaative impact on the public in any way. 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 adiacent properties are zoned for B-3 and B-5 development. Similar sianaae would be expected for these types of development. The sianaae is complimentary to the building and faces the adiacent roads. 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: u The maximum sianaae area permitted by the sian ordinance would allow for a sian that would be difficult to view. DECISION IT IS THEREFORE the decision of the CarmeVClay 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 day of ,20 CHAIRPERSON, CarmeVClay Board of Zoning Appeals SECRETARY, CarmeVClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S:\carmelclaylanduseregs\checklist\devstandapp Revised 1/2512000 u Page 8 01 8.. Developmental Standards Variance Application \,,11 , ur \",l-\nIVIL.L. - '-'&..I"'\ I I """W.'I"'. 'II o HAMILTON COUNTY, INDIANA 0 APPLICATION FOR BOARD OF ZONING APPEALS ACTION i u DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. ~ -" ..0\ DATE RECEIVED: 1) Applicant: Glendale Partners West CarmelOutlots. LLC Address: 320 North Meridian Street 2) Project Name: Ritter's Frozen Custard at West Carmel Center Engineer/Architect: American Consultina, Inc. Phone: 317-264-9400 Phone: 317-547-5580 Attorney: 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: Phone: u Owner's address: Phone: 5) Record of Ownership: Deed Book No.llnstrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request). The petitioner reauests a variance to amend provisions which relate to the Carmel and Clav Township Sian Ordinance. Section 25.7.02-7(Cl, Special Use and Use Variance Sians: Maximum Sian Area. The petitioner reauests that a 22 sauare foot wall sian labeled "Ritter's Frozen Custard" be permitted on the south side of the buildina. u Paga 1 of 8 .. Developmental Standards Variance Application 0) vlQt.O' IOL4""VII~ V""f'.It"'-' .III~ to. '''''' -..... .........,........... ,..-. -~_. '.~-' -100;' .~. .-...- -. ,- .-... sheet entitled "Findings of Fact-Developmental Standards Variance"). i special use cateaorv 40 square feet of siqn area would be permitted. (Sian Chart B) u 9) Present zoning of the property (give exact classification): B-3 Business District 10) Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Partiallv developed for commercial/retail use I Partiallv undeveloped 12) Describe the proposed use of the property: restaurant 13) Is the property: Owner occupied Renter occupied Other Not occupied 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. No previous encumbrances. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: U 16) Builder: If proposed appeal is granted, when will the work commence? Sprina 2001 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Ritter's Frozen Custard NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv 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: 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 TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. u The applicant understands that docket numbers will not be assiqned until all sUDPortinq information has been submitted to the Department of Community Services. Page 2 of 8 - Developmental Standards Variance Application . u u u Wi Land Description o A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709 acre tract ofland; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to ~e POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along. said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) thence South' 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of .. - u u u beginning; thence North 53 ~greeS 05 minotes 14 seconds East 236.Qfeet to the POINT OF BEGINNING containing 4.174 acres, more or less. ~ The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Servicerl ',\e advisory only and that the applicant ShO'-' rely on appropriate subdivision and zoning ordinance and/or the legal ~e of his/her attorney. i' I, I Auditor of Hamilton County, Indiana, certify that the attached (Please Print) U affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS u Auditor of Hamilton County, Indiana--Signature Date u Pags 3 of 8 -. Developmental Standards Variance Application , ~ o i AFFIDAVIT U 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: 4. I (Property Owner, Attorn ,or Power of Attorney) ~((:lLN--l. ~rp. ~ (Please Print) STATE OF INDIANA County of SS: QliO~ (C unty in which notarization takes place) Before me the undersigned, a Notary Public for U (Notary Public's coun~ of residence) ~to4"'\ \. ~?) (Property Owner, Attorney, or Power of Attorney) ,d::h day of County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this (SEAL) ,200 \ My cO~ir~(f"d6() I u Page 4 of 8 - Developmental Standards Variance Application ~ i u u u Q) o NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS Docket Numbers: SU-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol, V-xx-Ol Notice is hereby given that the CarmeVClay Board of Zoning Appeals on the 26th day of Febroary, 2001 at 7:00 p.m. in the City Hall Council Chambers, 1 Civic Square, Cannel, Indiana 46032 will hold a Public Hearing upon the following CarmeVCIay Board of Zoning Appeals applications: Docket Number SU-xx-Ol - Special Use Request: Requesting a special use as required under B-3 zoning to allow for a. restaurant. This property falls within the US Highway 421 - Michigan Road Corridor Overlay Zone. Docket Number V -xx-O 1: Proposing that the restaurant relocate foundation plantings on the rear side of the . building. This variance pertains to Section 23C.IO.2 (2) "Areas to be Landscaped: Foundation Plantings" from the US Highway 421 - Michigan Road Corridor Overlay Zone Ordinance No. Z-326. Docket Number V-xx-Ol: Requesting that additional signs be permitted. This variance pertains to Section 25.7.02-7 (B) "Special Use and Use Variance Signs: Number & Type" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302; Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the west side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302. Docket Number V-xx-Ol: Requesting that additional sign area be permitted for a sign labeled "Ritter's Frozen Custard" on the east side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302. Docket Number V-xx-OO: Requesting that additional sign area be permitted for a sign labeled ''Ritter's Frozen Custard" on the south side of the building. This variance pertains to Section 25.7.02-7 (C) "Special Use and Use Variance Signs: Maximum Sign Area" of the Sign Ordinance for Carmel Clay Township Ordinance No. 2-302. The property being known as part of Block A at West Carmel Center. The real estate affected by said application is described as follows: A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7. Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds Bast (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the " i u u u CD 0 following four (4) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 seconds East 623.36 feet; 3) "thence South 24 degrees 47 minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINT OF BEGINNING containing 4.174 acres, more or less. AIl interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. ANY QUESTION REGARDING THIS APPLICATION PLEASE CONTACT: KEVIN McKASSON GLENDALE PARTNERS 320 N. MERIDIAN STREET INDIANAPOLIS, IN 46204 TEL: 317.264.9400 ... v o -; PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING u I (WE) CARMEUCLAY BOARD OF ZONING APPEALS DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: U' The undersigned, having been duly sworn upon oatb s informed and believe . ... ormation is true and correct and he is l~ h"ch notarization takes place) for \ . (Notary Iplic's county~esid~ tlio..r() j .' ?) (Prope~ Owner, Attorney, ~r Power of Attorney) _~\~ day of ~~ Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this (SEAL) ot ry Public--Si l~~ o ry Pu~--fl~C!sE(P}rint\ My commission expires:~~ ill f~.O , u Page 6 of 8 .. Developmental Standards Variance Application <. ~ o .. CARMELJCLAY BOARD OF ZONING APPEALS u Carmel, Indiana Docket No. : Petitioner: FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. U3. DATED THIS DAY OF ,20 Board Member u Page 7 of B - Developmental Standards Variance Application w o iu CARMELJCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Glendale Partners West Carmel Outlots FINDINGS OF FACT. DEVELOPMENTAL 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: The proposed sianaae will help provide information to the public about the develooment. The variance will not have a neaative impact on the public in anv wav. 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 adiacent oroperties are zoned for B-3 and B-5 development. Similar sianaoe would be expected for these types of development. The sianaae is complimentary to the buildina and faces the adiacent roads. 3. U 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 maximum sionaae area permitted bv the sian ordinance would allow for a sian that would be difficult to view. 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 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). S:\carmelclaylanduseregs\checklisl\devstandapp Revised 1/25/2000 u Page 8 of 8 - Developmental Standards Variance Application ., u u u CITY OF CAFlMEL - CLAY TOWNSHIP, HAMILTON COUNTY. INDIANA U APPLICATION FOR BOARD OF ZONING APPEALS ACTION u DEVELOPM ENTAL STANDARDS VARIANCE REQUEST FEE: $4 0.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. -0\ DATE RECEIVED: 1} Applicant: Glendale Partners West Carmel Outlots. LLC Address: 320 North Meridian Street 2} Project Name: Ritter's Frozen Custard at West Carmel Center Phone: 317-264-9400 Engineer/Architect: American Consultino. Inc. Phone: 317-547-5580 Attorney: 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 Phone: (c) Other: 4} If Item 3} (e) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5} Record of Ownership: Deed Book NO./Instrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request). The petitioner reauests a variance to amend provisions which relate to the US Hiohwav 421 Michioan Road Overlav Zone. Section 23C.8.4 Minimum Gross Floor Area. The petitioner reauests that the total oross floor area be allowed to be reduced to 1.315 so. feet. Page 1 of B .. Developmental Standards Variance Application ~. u u u '8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings vet-Developmental Standards varianCe")Q The nature of seNice to be provided bv the proposed buildina does not reauire a aross floor area qreater than that currentlv provided. Customers will come to the build in a to purchase product. and then move to the outdoor sittina area. There will be no indoor seatina for this facility. Additionallv. the site plan provided maximizes the available area bv providina the areatest number of parkina spaces possible. The size of the buildina provides for both the maximization of outdoor seatina and available parkina. both of which are essential to the success of this business. 9) Present zoning of the property (give exact classification): B-3 Business District 10) Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Unimproved / vacant . 12) Describe the proposed use of the property: Custard Stand 13) Is the property: Owner occupied Renter occupied Other Not occupied 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. No previous encumbrances. 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? Sprina 2001 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Ritter's Frozen Custard 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 TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed until all supportina information has been submitted to the Department of Community SeNices. Page 2 of 8 .. Developmental Standards Variance Application l ,'\ -'- ,- u u u The applicant certifies blf ')ning this application that he/she has be( )dvised that all representations of the Department of Community ServiClr'are advisory only and that the applicant s~ld rely on appropriate subdivision and zoning ordinance and/or the legal advice of hislher 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 Auditor of Hamilton County, Indiana--Signature ADDRESS Date Page 3 01 8 - Developmental Standards Variance Application r. . u u u u o 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: ~ /IlP /' -~ (Property Owner, ~r Power of Attorney) Date STATE OF INDIANA SS: County of for ( otary Public's county o! residence) \L.Q.~S5()(\ (Please Print). . Before me the undersigned, a Notary Public County, State of Indiana, personally appeared \\-W\ day of ~OQ4',1 (SEAL) and acknowledge the execution of the foregoing instrument this . ,200 I My commission expires: ~I Page 4 of B - Developmentel Standards Variance Applicallon &. .,.. u u u u u NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS Docket No. Notice is hereby given that the CarmeVClay Board of Zoning Appeals meeting on the day of , 200 at 7:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Developmental Standards Variance application to: (explain your request--see question numbered seven (7)) property being known as The application is identified as Docket No. The real estate affected by said application is described as follows: (Insert Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, . . . . will be given an opportunity to be heard at the above-mentioned time and place. PETITIONERS Page 5 018 - Developmental Slandards Variance Application a. ." u u u u u PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING I (WE) CARMEUCLAY BOARD OF ZONING APPEALS DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of (County in which notarization takes place) Before me the undersigned, a Notary Public for (Notary Public's county of residence) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of ,200 Notary Public--Signature (SEAL) Notary Public--Please Print\ My commission expires: Page 6 of 8 .. Davalopmantal Standards Variance Application " "" . u u u v u CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : Petitioner: FINDINGS OF FACT. DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF ,20 Board Member Page 7 of S - Developmentel Stendards Variance Application .. ,. u u u u u CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Glendale Partners West Carmel Outlots. LLC FINDINGS OF FACT - DEVELOPMENTAL 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: The reduction of total qross floor area is not a Dublic health and safety issue. 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 adiacent DroDerties are commercial in nature as well and will not be neqatively imDacted by the size of the DroDosed custard stand. 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: An increased buildinq size would effectively reduce the number of Darkina SDaces Drovided. and or reduce the size of the outdoor sittina area. A reduction in either of these critical items would inhibit the ability of this business to Drovide its service to the community. . DECISION IT IS THEREFORE the decision of the CarmeVClay 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 day of .20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, CarmeVClay Board. of Zoning Appeals . Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S:\cannelclaylanduseregs\checkllst\devstandapp Revised 1/25/2000 Page 8 of 8 .. Developmental Standards Variance Applicetion / / ...., ,...~~ CIOC)CK~IO'~ :) l ..:) ~~~'~I=mcJrS~~11l a::= avo. 117,^RlITIIJ'l $91. ~ ':JNI ONlllfiSNO:J NV:JnnrWV NY1d 3J.IS VNVICINI ~ GYOI:I NVf)K)III 'N SI.SCJI. / OW.LSn:> taZOH:I S,I:I3.L.LIH l 8 ilia ~u 6:: Iii ~$: ~;o; lid 11:1/ ~Ui ~ ~ EI Ii; fi toOnto YNYICII 'Sr1OdYtmCN 001. 'lIJ.S 'UiH1S NYICIHaII 'N CR:E S3LUBdOHd VldWA 'O/SH3N.LHYd 3"lV0N:rJa ~ .. 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"."'.0 ~ ...~ " ", '" tmmm TOP OF CUPO~ 29'- CUPOLA wi lOUVERED PANELS LIGHT EAImI-- TONE COLORED DRYVIT FINISH TO MATCH WEST, CARMEl CENTER. PAINTED WOOD TRIM " MID-POINT OF ROOF SLOPE $- 20'-0. INTERNALLY ILLUMINATED BLOCK lETTERING. " " ~~~ HjjffiEffi . )-. . 00 , .,.,. I. . ;0 "0_;. '. TRUSS BEARING$- +10'-; > " .... '. ..... .0'. 0.00 or ..a' . ,0 . J!" ~.,:\. .,. CLEAR GlAZING ! FACE', BRICK TO MATCH WES~ CARMEL CENTER I TOP Of SlAB +0' -Q" LIMESTONE ACCENT BANDING TO MATCH WEST CARMEL CENTER ....lARCmTEGTURAL ....l....l CONCEPTS, ....l....l~ INC. tfOSED RITTER'S FROZEN CUSTARD WEST CARMEL CENTER 10611-1 STREET & US 421 CARMEL tJDIANA reviled 2/1/01 ...... ",. ..... .f . ,. 1\.\.... '-..... '0 Arch itectu re- PI an n in g- En 9 in eerin 9 609/613 Massachusetts Ave. Indianapolis IN 46204-1606 Telephone: (317) 638.7600 Toll Free: (877) 244-0563 FAX: (317) 633-6674 Internet: orchitecturalconcepts.com ~\.'" . WEST ELEvATION N.T$. . L c' c ~ ! I ~TOP OF CUPOLA 27'-f! 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T RJ, eraseD RITTER'S FROZEN CUSTARD WEST CARMEL CENTER 106TH STFEET & us 421 CARMEL NOlANA nwIIed 2/tI01 -l ARCHITECTURAL -l-l CONCEPTS, -l-l.J INC. Arch itectu re- Plann ing-Engin eering 609/613 Massachusetts Ave. Indianapolis IN 46204-1606 Telephone: (317) 638-7600 ToU Free: (877) 244-0563 FAX: (317) 633-6674 Internet: orchitecturalconcepts.com COPYRIGHT, 2000 by Architectural Concepts, Inc. All rights reserved. '''-''' c c " " " " ~ c ~~~. ~ --/ EA5T ELEVATION N.T .0. TOP OF CUPOLA $- 28'-0":i: TRUSS BEARING $- t9'-1 " " " TOP OF SLAB \ '" to'-O" \ , '" ~ ARCHITECTURAL ~.~ CONCEPTS, ~~.J INC. )f=)OSED RITTER'S FROZEN CUSTARD WEST CARMEL CENTER LJ 106TH STREET " us 421 CARMEL JOANA revIIIcI 2/1/01 Arch itecture-PI ann ing-En gin eering 609/613 Massachusetts Ave. Indianapolis IN 46204-1606 Telephone: (317) 638-7600 Toll Free: (877) 244-0563 FAX: (317) 633-6674 Internet: architecturalconcepts.com COPYRIGHT, 2000 by Architectural Concepts, Inc. All rights reserved. L '" C C ^ ~ '" ", 0 , ~ , "', " I I " ~~~ ......... ~ " - J' ./ ..-tI!!:. j " "- -.:::.... " ~ ~ ~ / , ~ ~ ..L. J' ~ .... ~ I I .. I I I ttB ~ tm .-/ CI I ~ III .I'm!:::"~~ ;~ -:: :.~:,~. ~.::,' :: ~:'~.':':', ~.~.....~~~.~.. ........ ........... '. .......r ,..., ............,...t',;..-.:~.:....,~~OI\ ... ..................: ." .'. .~:,. ...........I.-:.,.~. ...._..t. ~., ~...,...' ...",,," "I... 'i. J 1 "~ __ ~...:.... ~ _.' "~".' , ..".... ",. III _ ".... -:.-" ~.;....~ .. '" """,' './.... '. " ", ....1 '-'_. '. . l> ,.... A." ...... _ '.' ....-. '" '" .\.' , NORT~ ELEVATION N.T.5. cPOSED RITTER'S FROZEN CUSTARD WEST CARMEL CENTER 106TH STREET <<\ us 421 CARMEL tDANA ' reviled 2/1/01 TOP OF CUPOLA $- 27'-rf - - - J " '. , .:. . ....1 .. "6.:. ~. : . . .. .," ."i. . ...,/t:.c.JII.."~"'l I~" :.j...,~ '>1-:'-' It i?o'J.1;~'1.~!" TRUSS BEARING Ao. +9'-, y " ..,.n.. '.,,'''.. TOP OF SlAB .J,.. +0'-0" " '~ .J ARCHITECTURAL .J.J CONCEPTS, .J.J~ INC. Arch itecture-PI an n ing-En gineering 609/613 Massachusetts Ave. Indianapolis IN 46204-1606 Telephone: (317) 638-7600 ToU Free: (877) 244-0563 FAX: (317) 633-6674 Internet: architecturalconcepts.com COPYRIGHT. 2000 by Architectural Concepts. Inc. All riQhts reserved. <W o u I' . Nt' --! P~I 4'<rf ~I l!~r SIpII>>l8: 1IidIr#dwIIy~ CluJnM6l.&Gn u ED __rtIfl..... l\IloSl:elt _AII_....._Iar'._~....-... u llIIelf. _elf_. -~ elf.. ...... ~~I <C(Q)~(Q)11! ::..."";,.- -==c= -.. .- '__aUSQ1 -- - -,- -1lJng 1Ieo_ ,- - =--=.-===:-..:=. ::::~~=::-.. -- o o o / r \ \ I I \ 1 I I ! / I I I I , , ! I / I l I \, \ \ \ \ \ \ \ \ \. \ \. \ \ \. \ \ '\ \ \ \ \ I .",,- " ------------------- '-- ------ "- ---- ., -, -..",,-~ ""'"-------