HomeMy WebLinkAboutApplications
CITY OF CARMEL - CLAY TOWNSHD
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
o
DEVELOPMENTAL STANDARDS VARIANCE REQUEST ....\JTf[~Q"
o for the first plus $50.00 for each additional section of the ordinanc'e being6ried. .~~
I ~~~IO leI
DOCKET NO. DATE RECEIVED: Frs 9 2681 \--l
/:.~'/
1) Applicant: Glendale Partners West Carmel Outlots. LLC DOCS 1---1
...'" j
Address: 320 North Meridian Street . :~~/
2)
Project Name: Wendv's 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.llnstrument No. Instrument Number 199909972976
Page:
Purchase date: 12-21-99
6) Common address of the property involved:
Legal description: attached
Tax Map Parcel No.: 13-07-00-014
7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the
section number(s) of the CarmeVClay Zoning Ordinance which applies and/or creates the need for this request).
The petitioner reauests a variance to amend provisions which relate to the US Hiahwav 421 Michiaan Road
Overlav Zone. Section 23C.1 0.2 (2). Foundation Plantinas.
The petitioner reauests that the foundation plantinas on the west side of the buildina be 4 feet wide.
K.~
~~
Page 1 of B -- Developmental Standards Variance Application
8) State reasons supportingJne Developmental Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings Vet-Developmental Standards varianCe")U
9)
If the foundation plantinas on the west side of the buildina were expanded to the west to obtain the required 10'
plantina width. 1 entire row of parkina would need to be removed. If the buildina were moved to the east to obtain
the required width. the drive thru area would have to be reduced. So. to obtain the 10' wide foundation plantinQ
area on the west side of the buildina. either the oarkina would be sianificantlv reduced. or the drive thru area would
become unreasonablv difficult for customers to neaotiate. Either scenario would inhibit the petitioner's ability to
adeQuatelv serve the community.
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: Commercial/Retail
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: 624.000
Builder:The Sullivan Corporation
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?
Wendv's
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer a MANDATORY twenty-five (25) days prior to
the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all supportina information has been
submitted to the Department of Community Services.
Page 2 of B .- 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.
Signed:
(Property Owner, Atto
Date
k::- \flh. !J1 c~ )'5 d 1\
(Please Print)
STATE OF INDIANA
^^ SS:
County of ~OJ\On
\ \ (County in which notarization lakes place)
for ~ \.\ol'\. County, State of Indiana, personally appeared
(Notary Public's county of residence)
~(\ f{}c~o(l
(Property Owner, Attorney, or Power of Attorney)
Before me the undersigned, a Notary Public
and acknowledge the execution of the foregoing instrument this
q~
day of
~)at ,(
,200
\
\.t..~ f I',r ,~ . r. ;. j ! $"",1
~..y--' ~'t_r ,......., ''''','''''J''
,:$"7' ~~,~..;~'~SE'^ i}:.
~ .,~~' - - :<"? i(..,
~~~~ :'-",!:", ..../-;,.,
~ __-' 0- ""-' ~... ..:- ~
/~ ")': :- ~ ~ ~. ~~-' ~
';:: /f:' , I~j", f -:. -4 :=
~~t:,~ ~: t }SI
.-.f.-"/....,.O . '-k ' ~ ~'.~.
~' ,r,'" ,&.. . r _ . .... ':, ,:
,'/-?....~ ;'\!',:~i::';."..~I!. t;) ,,:,.t
'~:';"-';i~" ",S!:~:: ,,,....
Notary Public--Please Print
My commission expires:
Page 4 of 8 -- Developmental Standards Variance Application
.' ,
u
o
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 plantinQs 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 neQatively impacted by the reduction in
foundation plantinas.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
The parkina facilitv would be sianificantly reduced. or the drive thru area would be difficult for customers to use if
the foundation plantinas on the west side were increased to 10' wide. Either of these scenarios would limit the
aualitv of service this development would be able to provide 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
;
CITY OF CARMEL - CLAY TOWNSHIP
U HAMILTON COUNTY. INDIANA 0
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST ,~--;--c-;-T:--..,
//,,-r\ \ \ __ J__L / "
FEE: $4:0.00 lor the lirs,plus $50.00 lor each additional section of the ordina2~;b.ii~~,ried: 0<(;.\
DOCKET NO. II 2tD-OI DATE RECEIVED: ,/</ ~~ \~\
~ ',' ' 001. d
Applicant: Glendale Partners West Carmel Outlots. LLC I : " fEB' 2 C'i
\..J oocs t
\/ /'"
1)
Address: 320 North Meridian Street
2)
Project Name: Wendy's at West Carmel Center
Engineer/Architect: American Consultina. Inc.
\,..< .- /~~ ,
,', ,.-/'::
Phone: 317':264~940Oi \::.:
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 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 Clay Township Sian
Ordinance. Section 25.7.01-4(N). Special Use and Use Variance Sians: Prohibited Sians.
The petitionerreauests that a 10 sauare foot illuminated preview board be allowed in the drive thru area.
Page 1 of 8 .. Developmental Standards Variance Application
1
&)
State reasons supportingJhe Developmental Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings vet-Developmental Standards Variance")U
The ordinance does not include provisions for this type of siqn. The illuminated preview board would contain
information pertaininq to specific menu items and special promotional information not available on the standard
menu board.
9) Present zoning of the property (give exact classification): B-3 Business District
10)
Size of lot/parcel in question: 4.174
acres
11) Present use of the property: Partiallv developed for commercial/retail use / Partiallv undeveloped
12) Describe the proposed use of the property: Commercial/ Retail
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?
Wendv's
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
u
o
AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
S~ned: 4 m~_
(Property Owner, Attorney, or Power of Attorney) Date
ke if /;, J11 c ((u.. > JOY\.
(Please Print)
STATE OF INDIANA
SS:
County of ~c0
(County in which notarization takes place)
~~
(Notary Public's county of residence)
Before me the undersigned, a Notary Public
for
County, State of Indiana, personally appeared
.
,
(Prope Owner, Attorney, or Power of Attorney)
~daYOf \-QP:-'Ja.r~
and acknowledge the execution of the foregoing instrument this
,200~
frB~~~P~i"',
~~.<ct' .;,. :,} dSEAl:.)
~~<~~", '''..ttr~~:';''''''~'''''.'':,,' ,l:~:~~4
..r:..,y ~ <t-~f;; '^ ~ "',:?-'~-;'
':t~. 1", ...' ,"'-:;"'\ '" 1- ~.
~.,. ~~," ~ ~,:..{ . ~~. ~
U'-!; :' ,l-f0 ~ /~ ~
?~.'g /~ ~ ,I". : --< =
_/~ ",../ "N ~ \7 ....
~~, ~> _ r ;~"i~ r f .' E7
~ ~ :.(' ,,-..' ~-' r i"?1~ ~ .e"
!$"""i'_~"', ~ ~~ 1; .. f"'!..,,'5.-.t::
/",/:0,/ -'. ,'t.", "".":-
~"" ..,.tt ....t".~r1"...,. 0 r!'
/"~""I'~ J..-;." . ~ ~, ....-r..1. t ..~..7'
'r!TI_~ v \ ,', \1~"
. I~.~V 't1~".',y-~ \~-!'
My commission expires:
Page 4 of B -- Developmental Standards Variance Application
..
u
o
Jf,
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 orooosed sianaae will helD orovide information to the oublic about the develooment. The variance will not
have a neaative imoact on the oublic 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 orooerties are zoned for B-3 develooment. The illuminated oreview board would in no way decrease
the value or limit the function of the adiacent orooerties.
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:
This board will facilitate the efficiency with which this oetitioner orovides service to the drive thru customer. The
absence of the illuminated oreview board would inhibit the ability of this develooment to notify the oublic of soecial
oromotional offers. and result in a less efficient oDe ration of the drive thru.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Developmental Standards Variance
Docket No. is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
Adopted this
day of
,20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
S:\carmelclaylanduseregs\checklist\devstandapp
Revised 1/25/2000
Page 8 of 8 .. Developmental Standards Variance Application
/~-!'1""7-;--.,..
-~
2~ ~~.i\
~I 1-
~o:.
/YQJ
I..J..j
<0
.....
--
(<)
.....
9'_2 3/8"
251/2"
39 3/8"
~
39 3/8"
f-;- ~ ~
..... .....
0 '=t 0 <0
It) "'"
o
m
SPECIFICATIONS:
~::~
...
en
cO
~
...
o
iU
~
o
-'
<(
z
o
fi
z
0:
~ .- a
Z 7n
en co ~
~;g~:g
zQ :r:
UJlr:JlS::
::~8.9l
Ii:: Z ~ >=
f2 0 Z dI
iil 5 ~ ~
z 0;:; ~
~ ; ~ 0
~ &l ~
a
a:
lL
c .2 ~
"i ~ -g~-g:E
-g ~ '~~~=ati
GI UJ .D >>.Q t: .E
~ ~ :g~ ~~f
c ~ ;;~.~&~
1 ~ ~;g~~
-0 ~~~r;('O
"';-; o5i=Qi~
~ B ~.~ 8 8-
~ ~'~~iiK
~ !~ ~i~
u: ~.~g,.~.~
~. ~~! ~
0>-"-
.~~ ~ ~~
~ ~ 5; E
~'fi i:B~
~~g:2;
18~~~
~~~i~
~ ~,g'Ci.!!
:~1ii.2 8a
oao':;~
: ~.~ ~~
:!i~~l.~
~ g..= f -8
END VIEW
MOUNTING: MENUBOARD IS SECURED IN PLACE WITH ANCHHOR
BOLT INSTALLATION. BOLT PATTERN FOR BOLTS IS 6"
ON CENTER, EACH DIRECTION.
RECOMMENDED FOUNDATION TO BE 24" x 24" x 48" DEEP
CONCRETE TO BE 3000 psi 28 DAY COMPRESSIVE STRENGTH
FOUNDATION, ANCHOR BOLTS, AND STEEL REINFORCEMENT
BAR ARE SUBJECT TO LOCAL CODE AND SOIL CONDITIONS.
CONSTRUCTION: CABINET FABRICATED FROM 8" DEEP ALUMINUM EXTRUSION WITH
FABRICATED ALUMINUM SHROUD. CABINET, SHROUD, AND FRAMES
PAINTED BURGUNDY (FLAT).
FACES: TO BE .125 CLEARlMATTE ACRYLIC SCREENED 2nd SURFACE WITH
BURGUNDY (OPAQUE) BACKGROUND. FACES ARE SCREENED WITH
(23) 1" x 15" V.O. MENUSTRIP OPENINGS AND (1) 9 3/4" x 16" V.O.
TRANSPARENCY PHOTO OPENING.
MENUSTRIPS ARE SCREEN PRINTED BURGUNDY (OPAQUE) WITH CLEAR
COPY. SCREEN PRINTED BACKUP STRIPS ARE PROVIDED PER LAYOUT.
1" DIGIT CARRIERS AND DIGITS ARE PROVIDED.
ILLUM.: TO BE COOL WHITE HIGH OUTPUT FLUORESCENT LAMPS AS REQUIRED.
TOTAL AMPERAGE AT 120volts/60hz = 1st CIRCUIT = 4.8 amps 2nd CIRCUIT = 12.0 amps
CENTER CABINET IS PROVIDED WITH DEDICATED GROUND FAULT RECEPTACLE
FOR USE WITH L.E.D. UNIT ONLY. MENUBOARD IS U.L. APPROVED.
NOTE: L.E.D. DISPLAY PROVIDED BY OTHERS
WENVIEW Outdoor Menu
.-t, 1.
1>>1-0
T I.
3 W' dia. ELECTRICAL
ACCESS HOLE
15"
FOUNDATION PLATE DETAIL
~~~
co
llI(III'"
(Q
o
t--
0)
ci
z
C)
z
~
o
<.)
o
Weodv's/Coca-loll
pr.-S.~I * tfJ
PIck-Up Win""
6 COOlbo
Merchlndlslnl
OIllerlals arellW
available. *
Place your order today for translites or
banner inserts Idts to fit your Coca-Cola
Pre-Sell Hardware.
Each kit includes a BiGGIE Sizing topper
and pricing sticker sheets; and also
qualifies for the Coca-Cola Co-Op
Funding.
Please fax the attached order form to
your Coca-Cola Customer Services
Manager or call your Coca-Cola Account
Executive for more information.
Allow 10-12 days for UPS delivery.
* The timing of the new merchandising is consistent with the need
to maintain the quality and integrity of the materials and to adhere
to a legal requirement to replace the "new" designation for Spicy
and Grilled Chicken that appears on existing materials as it has
passed the maximum allowable time period for use of this term.
CITY OF CARMEL - CLAY TOWNS'O
HAMILTON COUNTY, INDIANA .
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
u
DEVELOPMENTAL STANDARDS VARIANCE REQUEST //~:-_~ -'-~~
/, <#/ ---. - ~
FEE: $450.00 for the firs Ius $50.00 for each additional section of the ordir'~1')6~ bein.aried. "'"'< ),
DOCKET NO. '1-18-01 DATE RECEIVED" / ~~~~';:~\
. fElj1 2001
1} Applicant: Glendale Part rs West Carmel Outlots. LLC aaes
Address: 320 North Meridian Street
, /
.<~/
2}
Project Name: Wendy's at West Carmel Center
. .-\-', /
I" \ c/J
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 Sian
Ordinance. Section 25.7.02-8(D). Sinale Tenant Buildina: Maximum Heiaht of Ground Sian.
The petitioner reauests that a 7 -foot tall around sian labeled "Wendy's" be permitted at the entrance drive alona US
421.
Page 1 of 8 -- Developmental Standards Variance Application
8}
State reasons supportinq .the Developmental Standards Variance: (A9ditionally, complete the attached question
sheet entitled "Findingvact-Developmental Standards Variance'U
The ordinance only allows a 6-foot tall around sian for a sinale tenant buildina. At the heiaht allowed. this sian will
not be adequately visible from US 421.
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 commercial/retail use I Partially undeveloped
12} Describe the proposed use of the property: Commercial I Retail
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?
Wendv's
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 of 8 -- Developmental Standards Variance Application
u
Q
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:' _J/. m~
~er, Attorney, or Power of Attorney) Date
lie VI ~ (Y( Cf:U. C; 5 (j y\
(Please Print)
STATE OF INDIANA
AA ss:
countyofJ\QnCf'\
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
qtb
day of
, ~Q('J
,200\
;;.l
,<:~\"" ":":r"(7',
~1'r'" v' o.J~E9\7> Ir~
/~_~~y:' ;_~_:~,',r~~~
',: .::- .~ ' f' r<.i'~ J
~ '~"",,_ ~~/ <~.: ~to< ...::
~;._..;- ~,.~-~.~~..~..,:~.. :::1~/"'/
'-'~I",../" ~ tf ~ ""'''.\., ;;:--:'....
. /.....~....,,,...~.~- ....;....,.,.
My commission expires:
~l
Page 4 of 8 .. Developmental Standards Variance Application
'~
u
Q
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 sian heiaht 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 development. Similar sianaae would be expected for these types
of development. The sianaae is complimentary 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 maximum sian heiaht permitted bv the sian ordinance allows for a sian that would be difficult to
view from US 421.
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
SECRET ARY, 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
AMERIC~ CONSULTING i IUGINEERS, INC.
ARCHITECTS
4165 MILLERSVILLE ROAD
(317)547-5580
info@amconeng.com
ENGINEERS
INDIANAPOLIS, INDIANA 46205-2998
FAJ(: (317)543-0270
75720.3273@compuserve.com
LETTER OF TRANSMITTAL
\! / p.1--01
To:
Mr. Laurence M..Lillig, Jr.
City of Carmel Planning Department
Department of Community Services
One Civic Square
Date:
Project Name:
--Ll-'-__I / ;?-_
03/09/01 " > -~<(?'-,
/ A -/\
Wendy's at Wel:!cqarmel 4' "(:--?\
(:j ~~~N~~ f~
99-313 [\~ HAR 9 2001 ~
\\\ DOcs (Sf
</)- (<:"'1
\(<-~__ ,-1,~)/
-"-!. ! J r'. \ \\ ,)/
-C~~Y_\.-"'-
D As Requested
Project Number:
Carmel, IN 46032
. We are
sending you:
[8J Enclosed
D Separately
D Mail
via
[8J Messenger
D For Your Information
[8J For Your Review & Comment
D
Deliver by:
D Overnight
D Pick-up
Time:
Date:
QTY. TYPE DESCRIPTION
1 original Variance Application for Sign Height/2 copies
Remarks:
The attached are for your review. If you need any additional information or if you have any questions, please contact our office.
Thank you.
Please return: D Copies to this office
Copies of: Trans:
Enclosure: To:
Very truly yours
American Consulting Engineers, Inc.
By: Michael B. Jett
1/
0'
CITY OF CARMEL - CLAY TOWNSHIP
o HAMILTON COUNTY, INDIANA U
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
-<\I?;~
DEVELOPMENTAL STANDARDS VARIANCE REQUEST:$>\-\-'R'".(~\
FEE: $450.00 for the first plus $50.00 for each additional section of the or~n~nc~i~aried. ~~\
-../ trog~~ H
DOCKET NO. V-29-01 DATE RECEIVED: ',",i NAg 9 2U~ f~;,)
1) Applicant: Glendale Partners West Carmel Outlots LLC ' "~ Doc , ~
Address: 320 North Meridian Street ,-:':\\,-, ./\~
, /-:' ~-""\ \ ::~y
"~. ~.L~ i L1S \ _"/
2) Project Name: Wendy's 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 Carmel and Clav Township Sian
Ordinance. Section 25.7.05. Special Use and Use Variance Siqns: Heiaht of Menu Board.
The petitioner requests that a 7 foot tall drive thru menu board be permitted on the east side of the buildina.
Page 1 of 8 -- Developmental Standards Variance Application
8)
.
State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings Oct-Developmental Standards varianCe").u
The ordinance onlv allows a 6-foot tall around sian for a sinale tenant buildina. As the heiaht of the sian is
decreased. so is the area. The sianaae area realized bva 6 foot tall menu board is not larae enouah to contain all
of this restaurant's menu items in a way that would be leaible from the anticipated point of view.
9) Present zoning of the property (give exact classification): B-3 Business District
10)
Size of lot/parcel in question: 4.174
acres
11) Present use of the property: Partiallv developed for commercial/retail use I Partiallv undeveloped
12) Describe the proposed use of the property: Commercial I Retail
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?
Wendy's
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer a MANDATORY twenty-five (25) days prior to
the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all supportina information has been
submitted to the Department of Community Services.
Page 2 of 8 -- Developmental Standards Variance Application
o
w
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. I ! ~
Signed: ~
(Property Owner, Attorney, or Power of Attorney) Date
~J:('\ <<,c.~~()()
(Please Print)
STATE OF INDIANA
SS:
County of
~W'iOC"\
(County in which notarization takes place)
Before me the undersigned, a Notary Public
(
"'-fbI.(\ 0lC.~4~~0f\
(Property Owner, Attorney, or Power of Attorney)
, \ \.0(\
otary Public's county of residence)
County, State of Indiana, personally appeared
for
and acknowledge the execution of the foregoing instrument this
~-I-t\
day of ----i:\c.r ~
,200-'
"",' -''', '
.........~' . _~-~.. ,........ J "--:-
,:,~ ..;::-. ,,- ~~. ;- ,....,(SEAJ:) ~:;..
lJ( . :~.~: . ~.:~\
:::~: :: C::-,,:: : ::
~~. ~_~!-J, .
"\~"~'~"-----~-----{~ :/
,.....;'" - ;""""', ../ ...'
/'";:'-,..,....~ .~~ ~ ?....:. ,~' .......',,;'-
My commission expires: ~ \ \40 \
Page 4 of 8 -- Developmental Standards Variance Application
.
o
u
i
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
V29-01
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 sian heiaht will help provide information to the public about the development. The variance will not
have a neaative impact on the public in anv wav.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The adiacent properties are zoned for B-3 development. The proposed menu board will not decrease the value
of the those properties in anv wav. 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 maximum heiaht allowed bv the ordinance would result in a sian that was not larae enouah to adeauatelv
inform the public about the services provided bv this development. The sian would be difficult to read and not as
effective.
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, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
S:\carmelclaylanduseregs\checklist\devstandapp
Revised 1/25/2000
Page 8 of 8 -- Developmental Standards Variance Application