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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO.
Fee $450.00
DATE RECEIVED:
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SPECIAL USE APPROVAL REQUEST
1)
Applicant: Glendale Partners West Carmel Outlots. LLC
Address: 320 North Meridian Street
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2)
Project Name: Ritter's Frozen Custard at West Carmel Center
Phone: 317-264-9400
Engineer/Architect: American ConsultinQ. Inc.
Phone: 317-547-5580
Attorney:
Phone:
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:
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 Special Use The propertv is zoned 8-3 with no permitted uses. therefore.
the proposed restaurant requires a variance of use.
Page 1 of 8 .. Special Use Application
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8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of
Fact-Special Use").
The US Hiqhway 421 Michiqan Road Corridor Overlay Zone encouraqes capital investments for the development
of those properties alona and abuttinq US Hiqhway 421 and further seeks to spur commercial activity and attract
new businesses
9) Present zoning of the property (give exact classification): B-3 Business District
10) Present use of the property: Unimproved / vacant
11 )
Size of lot/parcel in question: 4.174
acres
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:
Builder:
16) If proposed special use is granted, when will the work commence? Sprinq 2001
17) If the proposed special use 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 Ledqer 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 supportinq information has been submitted to
the Department of Community Services.
Page 2 of B -- Special Use 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:
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
(1 ih) 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.
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The applicant certifies by signing this application that he/she has been advised that all representations of the
Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, ' Auditor of Hamilton County, Indiana, certify that the attached affidavit
is a true and complete listing of the adjoining and adjacent property owners concerning Docket No.
OWNER
See Attached
Auditor of Hamilton County, Indiana
ADDRESS
Page 3 of 8 -- Special Use 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.
\
(Date)
(Property Owner, Prope Owner's Attorney
or Property Owner's Power of Attorney)
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(Please Print)
STATE OF INDIANA
SS:
County of
Marion
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Hamilton
(Notary Public's county of residence)
County, State of Indiana, personally appeared
\L..t\\\~-r:-~c;. and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Pow r of Attorney)
this~ day of
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Michael B. Jett
Notary Public--Please Print
My commission eXPires:~
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Page 4 of 8 .- Special Use Application
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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.l 0.2 (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-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 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
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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 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 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 oftangency 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.
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:h
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
CARMEUCLAY BOARD OF ZONING APPEALS
(Petitioner's Name)
NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING
I (WE)
DO HEREBY CERTIFY THAT A LEGAL
DOCKET NUMBER
, WAS GIVEN AT LEAST TWENTY-FIVE (25) DAYS PRIOR
TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED OF ADJOINING AND ABUTTING PROPERTY
OWNERS:
OWNER
ADDRESS
STATE OF INDIANA
SS:
The undersigned, swear that the above infor
knowledge and belief.
s is true and correct to the best of my
County of Marion
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Hamilton
(Notary Public's county of residence)
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(Property Owner, Attorney, or Power 0 Attorney)
this \\ID
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument
day of
Michael B. Jett
Notary Public--Please Print
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y commiSSion expires: ~_ ~ _
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Page 6 of 8 .. Special Use Application
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CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
Petitioner:
FINDINGS OF FACT - SPECIAL USE (Ballot Sheet)
1.
2.
3.
4.
5.
6.
DATED THIS
DAY OF
,20_.
Board Member
Page 7 of 8 n Special Use Application
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CARMELJCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Glendale Partners West Carmel Outlots. LLC
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and all
prerequisites have been met by Petitioner as verified by:
FEMA Flood Insurance Rate Map (FIRM) Community Panel 180081 0011 C.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and
Carmel/Clay Comprehensive Plan because:
The use meets the purpose and intent of the US HiQhway 421 MichiQan Road Corridor Overlay Zone and
will allow improvements to be made to US 421.
3. The Special Use is physically suitable for the land in question because:
Litle disturbance of forested land is required. The mild Qrades on the site allow for a Qood transition to
existinQ features.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
The adiacent properties are zoned B-3 and B-5 and similar uses could be proposed for these properties.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,
sewage, or storm drainage facilities, or police or fire protection because:
Facilities exist to provide service to this site. Roadway improvements as required will be constructed at
the owner's expense.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special
Use, and does not find that those criteria prevent the granting of the Special Use:
Adequate information has been provided for the review of the requirements.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number
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
s:\forms\Special Use Application
Revised 09/12/97
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign).
Page 8 of 8 -- Special Use Application
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V CITY OF CARMEL - CLAY TOWNSHIPQ
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied.
DOCKET NO.
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 Consultina. 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) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./lnstrument No. 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 Carmel/Clay 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 Hiahwav 421 Michiaan Road
Overlav Zone. Section 23C.1 0.2 (2). Foundation Plantinas.
The petitioner reauests that no foundation plantinas be installed adiacent to the west side of the store.
Page 1 of 8 .. Developmental Standards Variance Application
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State reasons supporting t(1 ~~eveloprnerital Standards Variance: (AddiO. lIy, complete the attached question
sheet entitled "Findings of ~t-Developmental Standards Variance").
The west side of the store is the area that this facility will provide outdoor window service to its customers.
Foundation plantinqs alonq this area would interfere with how this business provides service to its customers.
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 I vacant
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:
Builder:
16) If proposed appeal is granted, when will the work commence?
Sprinq 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 Ledqer 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 supportinq information has been
submitted to the Department of Community Services.
Page 2 of B -- 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 follows:
Commencing at the Northeast Corner ofthe 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 17.50 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 ~ing this application that he/she has beenQvised that all representations of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 01 B .. 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:
(Property Owner, Attor
k('~ T, (<)--Iv~ ':::ilL
(Please Print)
STATE OF INDIANA
SS:
County of
i\nn'Dn
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
~~\\k _
(Notary Public's county of residence)
County, State of Indiana, personally appeared
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(Property Owner, Attorney, or Power 0 Attorney)
and acknowledge the execution of the foregoing instrument this
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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 r 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-O 1: Proposing that the restaurant relocate foundation plantings on the rear 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-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-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 (l7rh)
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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foHowing 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.
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
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
I (WE)
CARMEUCLAV 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 ~n... 0
informed and believes. y~t
Signature 0
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nty in hlch notarization takes place)
for \ \~
(Notary blic's county of residence)
\L.~\\\Ml T ~"')
(Property Owner, Attorney, or Power of Att mey)
_\ \-ll day of
. formation 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
(SEAL)
Notary PUbIiC--PleEO Print\ \
My commission expires:-apI\' l'l\Q{::f:)
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Page 6 01 8 -- Developmental 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 8 -- Developmental 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 reduction in foundation olantinas is not a oublic 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 orooerties are commercial in nature as well and will not be neaativelv imoacted bv the reduction in
foundation olantinas.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the prop9rty because:
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, 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\checklist\devstandapp
Revised 1/25/2000
Page 8 of 8 -- Developmental Standards Variance Application
1
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WCITY OF CARMEL - CLAY TOWNSHIP U
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied.
DOCKET NO.
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 Consultina.lnc.
Phone: 317-547-5580
Attorney:
3} Applicant's Status: (Check the appropriate response)
Phone:
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:
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 Carmel/Clay 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(B). Special Use and Use Variance Sians : Number and Tvpe.
The petitioner reauests that three wall sians be permitted. 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.
Page 1 of 8 -- Developmental Standards Variance Application
8)
State reasons supporting ttC Jevelopmental Standards Variance: (AdditU..' - Ily, complete the attached question
sheet entitled "Findings of ~-Developmental Standards Variance").
;
The ordinance allows for only one identification sian. In order to be able to adeauately direct and inform customers
additional sianaae is reauested.
9) Present zoning of the property (give exact classification): B-3 Business District
10)
Size of 10Vparcel in question: 4.174
acres
11) Present use of the property: Partially developed for commerciaVretail use I Partially 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:
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
NOTE:
LEGAL NOTICE shall be published in the Noblesville 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 assianed until all supportina information has been
submitted to the Department of Community Services.
Page 2 of 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 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 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
l,
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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.
l
The applicant certifies by s~ng this application that he/she has been Wised that all representations of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 01 8 -- Developmental Standards Variance Application
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:~
(Property Owner, Attor
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AFFIDAVIT
L
, or Power of Attorney)
JQiil!OJ.o- 1: ~~.s. , -rrr
(Please Print)
STATE OF INDIANA
55:
Countyof~f\O~
( 0 nty In which notanzation takes place)
~~~ .
(No ary Public's county of reSidence)
Before me the undersigned, a Notary Public
for
County, State of Indiana, personally appeared
~\\loJf\ T ~~ ')
(Property Owner, Attorney, or Power f Attorney)
and acknowledge the execution of the foregoing instrument this
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day of
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Page 4 of B -- 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-O 1: Proposing that the restaurant relocate foundation plantings on the rear 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-n-OI: 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-n-OI: 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-OI: 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-n-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 (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
l
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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.
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 TInS 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
CARMEL/CLAY BOARD OF ZONING APPEALS
I (WE)
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 u
informed and believes.
ve information is true and correct and he is
County of ----ill 0Sl6~ ,
(~C unty in wpich notarization takes place)
for __I\-to~
(Notary ublic's county of residence)
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Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
Page 6 of 8.. Developmental Standards Variance Application
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CARMEUCLAV 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 8 u Developmental 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 sianaae will help inform the public about the development. The variance will not neaativelv
impact 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 properties are zoned for B-3 and B-5 development. Similar sianaae would be expected for these
twes of development. The sianaae is complimentarv to the buildina.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
. The public would not be able to easilv identify the store.
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\checklist\devstandapp
Revised 1/25/2000
Page 8 01 8 .. Developmental Standards Variance Application
-- ;
U CITY OF CARMEL - CLAY TOWNSHlr~
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
."
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied.
DOCKET NO.
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 Consultina. Inc.
Phone: 317-547-5580
Attorney:
Phone:
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:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./lnstrument 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 25.7.02-7CC). 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 Calona US 421).
Page 1 of 8 -- Developmental Standards Variance Application
8)' State reasons supporting ( )Developmental Standards Variance: (AdV~-\ ally, complete the attached question
sheet entitled "Findings ofw'ct-Developmental Standards Variance"). . .
The ordinance only allows 10 square feet of siqn area for a special use. If the proiect did not fall in the
special use cateqorv 40 square feet of siqn area would be permitted. (Siqn Chart B)
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: Partially developed for commercial/retail use / Partially 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:
Builder:
16) If proposed appeal is granted, when will the work commence?
Sprinq 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 Daily Ledqer a MAN DA TORY 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 supportinq information has been
submitted to the Department of Community Services.
Page 2 of 8 .. Developmental Standards Variance Application
o
o
Land Description
A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located
in Clay Township, Hamilton County, Indiana being bounded as follows:
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
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
o
o
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 byQning this application that he/she has beeQvised that all representations of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 01 8 -- Developmental Standards Variance Application
o
(;)
AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
It
f!)
Date
lU;I~~"[ ~-17
(Please Print)
STATE OF INDIANA
SS:
County of j\ - cf\..
~in which notarization takes place)
for -----tbnJkJ\__J
(Notary Public's county of reSIdence)
_~,.M'I().J((T ~~
(Property Owner, Attorney, or Power of A orney)
~daYOf ~oo.rJ
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
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Page 4 of 8 -- Developmental Standards Variance Application
v
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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 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-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-O 1: 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. Z-302:
Docket Number V-xx-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-xx-01: 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 (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 ofsaid Northwest Quarter to the terminus of the seventeenth (17th)
course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED
recorded as instrument #9809836325 in the office of the Recorder of Hamilton County, Indiana, the
'i)
o
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.
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
u
u
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
I (WE)
CARMEUCLAY BOARD OF ZONING APPEALS
DO HEREBY CERTIFY THAT NOTICE OF
(petitioner's Name)
PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number
, was registered and mailed at least twenty-five (25) days prior to the date of the public
hearing to the below listed adjacent property owners:
OWNER
ADDRESS
STATE OF INDIANA
SS:
The undersigned, having been duly sworn
informed and believes.
information is true and correct and he is
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
\.
(prop~owner, Attorney, or Power of A orney)
\ \ day of
and acknowledge the execution of the foregoing instrument this
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Page 6 of 8 -- Developmental Standards Variance Application
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CARMEUCLAV BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
Petitioner:
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS
DA V OF
.20
Board Member
Page 7 of 8 -- Developmental Standards Variance Application
~
.
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(;)
CARMEUCLAY 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 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 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:
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 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\checklist\devstandapp
Revised 1/25/2000
Page 8 of 8 .. Developmental Standards Variance Application
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W CITY OF CARMEL - CLAY TOWNSHIPO
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied.
DOCKET NO.
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 Consultina. Inc.
Phone: 317-547-5580
Attorney:
Phone:
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:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./lnstrument 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 Carmel/Clay 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 SiQn
Ordinance. Section 25.7.02-7lCl. 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 east
side of the buildina.
Page 1 of 8 .. Developmental Standards Variance Application
8) State reasons supporting V/fvevelopmental Standards Variance: (AddUr~ ally, complete the attached question
sheet entitled "Findings ot~t-Developmental Standards Variance").
The ordinance only allows 10 square teet ot siqn area tor a special use. It the proiect did not fall in the
special use cateqorv 40 square feet of siqn area would be permitted. (Siqn Chart B)
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: Partially developed for commercial/retail use / Partially 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:
Builder:
16) If proposed appeal is granted, when will the work commence?
Sprinq 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 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 assianed until all sUPDortina information has been
submitted to the Department of Community Services.
Page 2 of 8 -- Developmental Standards Variance Application
W)
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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, Hamil~on County, Indiana being bounded as follows:
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
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) e~tern 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
L.
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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.
m___J ____________
The applicant certifies byYdning this application that he/she has beeQvised that all representations of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, ' Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 01 8 .. Developmental Standards Variance Application
(j)
o
AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
Signed: {t, cJ
(Property Owner, Attorne , or Power of Attorney) Date
~lllt~ T. S-WcJR> Tir
(Please Print) ,
STATE OF INDIANA
SS:
..
County of ~
(Cou ty in which notarization takes place)
for -k~ County, State of Indiana, personally appeared
(Notary Public's county of residence)
~A2:'~~OmeY)
\\-\h
Before me the undersigned, a Notary Public
and acknowledge the execution of the foregoing instrument this
day of
~l \Of'\~
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Page 4 of 8 -- Developmental Standards Variance Application
u
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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 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-Ol: Proposing that the restaurant relocate foundation plantings on the rear 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-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 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 (11th)
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
----------- - --- - -___ --------_1__-
(D
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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 02minutes 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.
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 TIDS APPLICATION PLEASE CONTACT:
KEVIN McKASSON
GLENDALE PARTNERS
320 N. MERIDIAN STREET
INDIANAPOLIS, IN 46204
TEL: 317-264-9400
-___ _ ___~_ _____L____
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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:
" formation is true and correct and he is
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
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Page 6 of 8 ,0 Developmental Standards Variance Application
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CARMEUCLA Y 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 01 8 -- Developmental Standards Variance Application
"
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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 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 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:
The maximum sianaae 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\checklist\devstandapp
Revised 1/25/2000
Page 8 01 8 .. Developmental Standards Variance Application
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a CITY OF CARMEL - CLAY TOWNSHU
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
').- .
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied.
DOCKET NO.
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 Consultinq, 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) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No.llnstrument No. 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 Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request).
The petitioner requests a variance to amend provisions which relate to the Carmel and Clav Township Siqn
tj
Ordinance, Section 25.7.02-7CC), Special Use and Use Variance Siqns: Maximum Siqn Area.
The petitioner requests that a 22 square foot wall siqn labeled "Ritter's Frozen Custard" be permitted on the south
side of the buildinq.
Page 1 of B -- Developmental Standards Variance Application
fii State reasons supporting (T'lDevelopmental Standards Variance: (AdOaIlY, complete the attached question
sheet entitled "Findings o~ct-Developmental Standards Variance").
The ordinance onlv allows 10 square feet of siqn area for a special use. If the proiect did not fall in the
special use cateqorv 40 square feet of siqn area would be permitted. (Siqn Chart B)
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: Partially developed for commercial/retail use / Partially 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:
Builder:
16) If proposed appeal is granted, when will the work commence?
Sprinq 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 Daily Ledqer 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 supportinq information has been
submitted to the Department 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 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 17.50 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
tei
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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 b~ning this application that he/she has begdvised that all representations of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 of B .. 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: 4
(Property Owner, Attorn
,
, or Power of Attorney)
l!J(~~ to ~~ ~
(Please Print)
STATE OF INDIANA
County of
SS:
QliO~
(C unty in which notarization takes place)
Before me the undersigned, a Notary Public
for
County, State of Indiana, personally appeared
(Notary Public's county of residence)
_~11to4l' \. ~?)
(Property Owner, Attorney, or Power of Attorney)
\\lli
day of
and acknowledge the execution of the foregoing instrument this
(SEAL)
,200 \
My cO~ir~ft'dOO I
Page 4 of B -- Developmental Standards Variance Application
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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 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-O 1: 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. 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. 2-302.
Docket Number V-xx-01: 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 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
. .
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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.
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
_______ ____ __~__ _ __ ____________ __n_ _____Ju__
, .
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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 oat,b s
informed and believe .
. ormation is true and correct and he is
Before me the undersigned, a Notary Public
for \
(Notary Tlic's county~sid~ce~ .
tllo..rf1 1. ~?)
(Property Owner, Attorney, or Power of Attorney)
_~\~ day of ~~
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
(SEAL)
No ry ~rint\
My commission expires: ~ 11 ~ ,
I
Page 6 of 8 -. Developmental 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 8 -- Developmental Standards Variance Application
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CARMEUCLAY 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 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 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:
The maximum sianaae 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\checklist\devstandapp
Revised 1/25/2000
Page 8 of 8 -- Developmental Standards Variance Application
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CITY OF CARMEL - CLAY TOWNSHIP
'-D HAMILTON COUNTY, INDIANA U
. APPLICATION FOR BOARD OF ZONING APPEALS ACTIO~{>;sr'0:JJ1?j~~,
DEVELOPMENTAL STANDARDS VARIANCE REQUEST!._,1~ ~~ . '~'/l\
/"rj] <~1~
FE2:iE' $45 .00 for the first plus $50.00 for each add.ional section of the ordii.~rce 9 IIln'" "~
A a \ ~\ -.fA C'"
DOCKET NO. - 'T - DATE RECEIVED: \~~);, 1P"" [:::;
'( /~, /,\1
'-$j" _ /Z(y
,./ t., ,.< \ /
"<-!J.lr-I!,>Y
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 Consultina. Inc.
Phone: 317-547-5580
Attorney:
Phone:
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:
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 Carmel/Clay 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 Hiahwav 421 Michiaan Road
Overlav Zone. Section 23C.8.4 Minimum Gross Floor Area.
The petitioner reauests that the total aross floor area be allowed to be reduced to 1.315 sa. feet.
Page 1 of 8 -- Developmental Standards Variance Application
State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question
sheet entitled "Findingvact-Developmental Standards Variance"U
The nature of service to be provided by the proposed buildinq does not require a qross floor area qreater than that
currently provided. Customers will come to the buildinq to purchase product. and then move to the outdoor sittinq area.
There will be no indoor seatinq for this facility. Additionallv. the site plan provided maximizes the available area bv
providinq the qreatest number of parkinq spaces possible. The size ofthe buildinq provides for both the maximization of
outdoor seatinq and available parkina. both of which are essential to the success of this business.
8)
,
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?
Sprinq 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:
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 supportinq information has been submitted to
the Department of Community Services.
Page 2 01 8 -- Developmental Standards Variance Application
, The applicant certifies ( lligning this application that he/she has b('jadvised that all representations of the
Department of Community Serv~ are advisory only and that the applicant ~uld rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana--Signature
Date
Page 3 of 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:~(n~
(Property Owner, Attorney, or ower of Attorney) Date
lle.~c~~o"
(Please Print)
STATE OF INDIANA
SS:
countyOf~Qf'{)"
(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
J.Q.J'" O)ciQ.~c>n
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
~\ .\Y\
day of
c '::nnUaI' '"'
200 l
,
(SEAL)
, -
- -
, '-
~-,-<P -;:;..
....;~
,- -
:<~
;; "- -:
:"". --':' - ::.. -.....
,_-..1'" 5,""'" E
~..-~,..~ _ --::S ---.-.-.~.:--..:~.~i~'
~~<~i-2~~:~~~.~~~~.. .
My commission expires:
gjDJOl
Page 4 of B .. Developmental Standards Variance Application
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLA Y BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay 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 of 8 -- Developmental Standards Variance Application
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEUCLAY BOARD OF ZONING APPEALS
I (WE)
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 B -- Developmental 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 B -- Developmental Standards Variance Application
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CARMELJCLA V 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 aross floor area is not a public 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 properties are commercial in nature as well and will not be neaatively impacted by the size of the
proposed 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 buildina size would effectively reduce the number of parkina spaces provided. 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
provide its service to the community. .
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\checklist\devstandapp
Revised 1/25/2000
Page 8 of 8 .. Developmental Standards Variance Application
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