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APPLICA TION FOR
Ritter's Frozen Custard
A T WEST CARMEL CENTER
(Southeast Corner of l06th Street and
Michigan Road)
Prepared by:
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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
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. Table of Contents
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1
Letter of Introduction
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2
Petition and Applications
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3
Site and Landscaping Plan
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4
Architectural Renderings
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5
Signage Plans
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READY!NDE)('M INDEXiNG SYSTEM
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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.
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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.
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HAMILTON COUNTY, INDIANA
APPLlC~ON FOR BOARD OF ZONING APPEALQCTION
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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:
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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.
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Page 1 of 8 n Developmenlal Standards Varience Applicetion
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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
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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
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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
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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
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Auditor of Hamilton County, Indiana--Signature
Date
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Page 3 of 8 - Developmental Standards Variance Application
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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)
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(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
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,200J
.. (SEAL)
My commissiopexPires: QcO\
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Page 4 of 8 " Developmental Standards Variance Application
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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
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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
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
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(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,~
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Page 6 01 8 .. Developmental Standards Variance Application
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CARMEUCLAY BOARD OF ZONING APPEALS
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Docket No. :
Carmel, Indiana
Petitioner:
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
1.
2.
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3.
DATED THIS
DAY OF
,20
Board Member
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Page 7 01 B .. Developmental Standards Variance Application
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
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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:
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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
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Page 8 ot 8 - Developmental Standards Variance Application
Q.) HAMILTON COUNTY, INDIANA Q
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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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:
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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.
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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
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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
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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
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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
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Auditor of Hamilton County, Indiana--Signature
Date
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Page 3 of 8 - Developmenlal Slandards Variance Applicalion
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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)'
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Page 4 01 8 - Developmental Standards Variance ApplicaUon
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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
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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
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
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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)
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Page 6 01 8 - Developmental Standards Variance Applicetion
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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
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Page 7 01 6 - Dll\Ielopmenlal Standards Variance Application
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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
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Page 8 of 8 - Developmental Standards Variance Application
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APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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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:
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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).
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Page 1 01 8 - Developmental 51andards Variance Application
UJ ,,",,'U""" 1"'"'''''_.......'''' ""-t't''''''..... 1::1 ....- - -. -'-'-'" -. .--.., ----.. -.-.. ,_. - ,
sheet entitled "Findings of Fact-Developmental Standards Variance").
,;
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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:
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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
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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
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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
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Auditor of Hamilton County, Indiana--Signature
Date
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Page 3 of 8 - Developrrental Standards Variance Application
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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
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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
.
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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
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..
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
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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:
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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)
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Page 6 01 8 -- Developmental Standards Variance Application
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CARMEUCLAY BOARD OF ZONING APPEALS
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Carmel, Indiana
Docket No. :
Petitioner:
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
1.
2.
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3.
DATED THIS
DAY OF
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Board Member
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Paga 7 of 8 .. Developmental Standards Variance Application
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
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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:
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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
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Page 8 or 8 - Developmental Slandards Variance Applicetion
VI I . """. "". .......__ __... . -... -_. .~~
U HAMILTON COUNTY, INDIANA U
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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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:
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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.
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Page 1 of 8 .. Developmental Standards Variance Application
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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
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Land Description
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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
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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
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Auditor of Hamilton County, Indiana--Signature
Date
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Page 3 of 8 - Developmental Standards Variance Application
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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~ ~ ,
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Page 4 01 8 .. Developmental Slandards Variance Application
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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
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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
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
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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
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Paga 6 of 8 -. Developmenlal Standards Variance Application
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CARMEUClAY BOARD OF ZONING APPEALS
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Docket No. :
Petitioner:
Carmel, Indiana
FINDINGS OF FACT. DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
1.
2.
U3.
DATED THIS
DAY OF
,20
Board Member
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Page 7 01 B - DBVelopmantaJ Standards Variance Application
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CARMELJCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
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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:
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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
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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
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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:
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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.
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Paga 1 of 8 .. Developmental Standards Variance Application
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vlQt.O' IOL4""VII~ V""f'.It"'-' .III~ to. '''''' -..... .........,........... ,..-. -~_. '.~-' -100;' .~. .-...- -. ,- .-...
sheet entitled "Findings of Fact-Developmental Standards Variance").
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special use cateaorv 40 square feet of siqn area would be permitted. (Sian Chart B)
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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.
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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
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Land Description
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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
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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
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Auditor of Hamilton County, Indiana--Signature
Date
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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
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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
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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
...
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
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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 ,
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CARMELJCLAY BOARD OF ZONING APPEALS
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Carmel, Indiana
Docket No. :
Petitioner:
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
1.
2.
U3.
DATED THIS
DAY OF
,20
Board Member
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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
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Page 8 of 8 - Developmental Standards Variance Application
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CITY OF CAFlMEL - CLAY TOWNSHIP,
HAMILTON COUNTY. INDIANA U
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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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
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'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
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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
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AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
Signed: ~ /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
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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
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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
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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
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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
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609/613 Massachusetts Ave. Indianapolis IN 46204-1606
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FAX: (317) 633-6674 Internet: architecturalconcepts.com
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FAX: (317) 633-6674 Internet: architecturalconcepts.com
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