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From:
Sent:
To:
Subject:
Littlejohn, David W
Wednesday, September 13, 2006 2:30 PM
Blanchard, Jim E; Brennan, Kevin S; Brewer, Scott I; Conn, Angelina V; Coy, Sue E;
DeVore, Laura B; Griffin, Matt L; Hancock, Ramona B; Hollibaugh, Mike P; Holmes,
Christine B; Keeling, Adrienne M; Tingley, Connie S
Docket No. Assignment: (V) Ed Martin Buick Pontiac GMC - Signage (#06090028 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number
for (V) Ed Martin Buick Pontiac GMC - Signage. It will be the following:
Docket No. 06090028 V $534.50
Total Fees: $534.50
Ed Martin Buick Pontiac GMC - Signage
The applicant seeks the following development standards variance approval:
Docket No. 06090028 V Chapter 25.07.02-08 (b) number of signs
The site is located at 9896 N Michigan Rd. and is zoned 1-1
Filed by Tom Ely Jr. for The Sign Group.
Petitioner, please note the following:
1. This Item will not appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, September 15,
2006. Published notice is required within the Indianapolis Star. Note: the placement of a
public hearing sign on the property is required; see attached pdf.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday,
September 15, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the
petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary
Connie Tingley no later than NOON, Friday, September 15, 2006. Failure to submit
Informational Packets by this time will result in the automatic tabling of the petition to the October
23 agenda.
5. This Item will appear on the September 25, 2006 agenda of the Hearina Officer of the Board
of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the
night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number,
petitioner, and date (Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Ely can be contacted at 875-6969.
Department's Review Comments:
Petitioner. please complete the followina:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:45 p.m. to
take place in the City Hall Caucus Rooms. It is suggested to send the notice to the Indianapolis
Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or email:
Dublicnotices@indvstar.com).
2.) Provide filled out and notarized the Petitioner's Public Notice Affidavit (page 6 of the
application ).
3.) Provide filled out Notice of Public Hearing (page 5 of the application).
4.) Provide filled out and notarized Public Notice Sign placement Affidavit
5.) Provide an adjacent property owners list.
6.) Please make checks payable to the City of Carmel.
Thank you.
David Littlejohn
BZA Public Notice
Sign Procedu...
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DEVELOPMENT STANDARDS VARIANCE REQUEST . '':~~'" uocc::,)!':,
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additiona;'~~6tion of tMEf" .
ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
U CITY OF CARMEL - CLAY TOWNSHI~
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO. ~t41 f)I1i11~ Y
DATE RECEIVED:
1) Applicant: Ed Martin Buick Pontiac GMC
Address:
9886 N. Michigan Road
2)
Project Name: Ed Martin Buick Pontiac GMC
Phone: 872-9896
Engineer/Architect:
N/A
Phone:
Attorney:
N/A
Phone:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: 9896 N. Micblilgan LLC d/b/a Ed Martin Buick Pontiac GMC
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Ed Martin Buick Pontiac GMC
Owner's address: 3800 E. 96th, Indianapolis, IN 46240
Phone: it{ ~ - 3f6 0
5) Record of Ownership:
Deed Book No.llnstrument No. 2004-10667 Warranty Deed
Page:
Pu~hasedare: 2-19-04 Recorded Date
6) Common address of the property involved: 9896 N. Michigan Road
Legal description:
Mayflower Park BIK6 Lot 2
1713070010-009000
Tax Map Parcel No.:
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
Add one wall sign on the east elevation. It is a 30" circle of the Buick logo.
The ordinance does not allow multiple signs on one elevation.
Page 1 of 8 - z:\sharedIforms1BZA applications\ Development Standards Vallance Application rev. 0110312006
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State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Ed Martin Automotive Group has acquired a Buick franchise and needs to
advertise that franchmse.
Present zoning of the property (give exact classification):
I-I
9)
10)
11)
Size of lot/parcel in question:
acres
Present use of the property:
Auto Dealership
12) Describe the proposed use of the property:
13)
Is the property: Owner occupied
Renter occupied
Other
x
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.
Yes - July 26, 2004 - 04060012
04060013
15) Has work for which this application is being filed already started? If answer is yes, give details: Np
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Start fabrication after approval, install approximately 5 weeks later.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Ed Martin Buick Pontiac GMm
NOTE: LEGAL NOTICE shall be published in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the
public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all suooortina information has been submitted to
the Deoartment of Community Services.
Page 2 of 8 - z:lshared\fonnslBZA appllcations\ Development Standards Variance Application rev. 01/0312006
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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: Wd~ P.A.v1
(Property Owner, Attorney, or Power of Attorney)
Cj!Z /zoo6
Date
M~K 4e.R...,sorJ
(Please Print)
PIUSI {)[.<If
STATE OF INDIANA
SS:
County of
M fJrR , ON
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
MA-RlOtJ
(Notary Public's county of residence)
County, State of Indiana, personally appeared
IV!I}R.I.( I-IItI<R I SON
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
I d-..:ti....
day of
.::; EI7er1 Y'bH2-
,20 O~
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Notary Public--Signature
(SEAL)
.5 U SA-N C71<. w I E.IC.
Notary Public-Please Print
My commission expires: ,_ 3 -0/$
Page 4 of 8 - z:\shared\formslBZA applicaUons\ Development Slandards Variance AppIlcaUon rev. 01/0312006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Ed Martin Buick Pontiac GMC
FINDINGS OF FACT - DEVELOPMENT 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 variance is for an additional wall sign and will not be injurious to the
public health, safety, morals or general welfare of the community.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The adjacent property will not be effected in an adverse manner: the use of the
property will not change.
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 ordinance would not allow the additional sign, therefore, they cannot
advertise the Buick line of ca~5~
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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).
Page 8 of 8 - z:lshared\formslBZA applications\ Developrrent Standards Variance Application rev. 01/0312006
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ED MARTIN PONTIAC - GMC "
.....
EXHIBIT "A"
Parcell
Lot 2 of Block 6 of the Secondary Final Plat for Mayflower Park, Lot 10f Block 1, Lot 1 of Block 2, Lots 1,2 & 3,
Block 5, Lots 1 & 2 of Block 6, and Lot 1 of Block 7, Mayflower Park Drive and 99th Street of Mayflower Park, an
Addition to the City of Carmel, Indiana, as per plat thereof, recorded September 12, 2000, as Instrument Number.
2000-45587, in the Office of the Recorder of Hamilton County, Indiana.
Excepting therefrom:
A part of the Southwest Quarter of Section 7, Township 17 North, Range 3 East, of the Second Principal
Meridian, Hamilton County, Indiana; and being all that part of the grantor's land lying within the right of way lines
of Parcel 14 as depicted on the Indiana Right of Way Parcel Plat, also described as follows: Commencing at the
southwest comer of the Southeast Quarter of the Northwest Quarter. of said Section 7; thence North 89 degrees
35 minutes 05 seconds East (South 89 degrees 39 minutes 59 seconds East-measured) 112.339 meters
(368.56 feet) (367.43 feet by Instrument 9709725450) along the south line of said quarter-qual1er section to the
eastem line of a 22.375 acre exception tract to said grantor's land as described in Instrument 9709725450 in the
Office of the Recorder of Hamilton County, Indiana; thence continuing North 89 degrees 35 minutes 05 seconds
East (South 89 degrees 39 minutes 59 seconds East-measured) 169.871 meters (557.32 feet) (556.92 feet by
Instrument 9709725450) along the south line of said quarter-quarter section to the centerline of U.S.R. 421
(incorrectly called out as westerly right of way by Instrument 9709725450); thence along said centerline
Southeasterly 34.781 meters (114.11 feet) (120.73 feet by Instrument 9709725450 measured) along an arc to
the left and having a radius of 69,622.131 meters (228,419.07 feet) (229,182.75 feet-measured) (229,182.50 feet
by Instrument 9709725450) and subtended by a long chord having a bearing of South 20 degrees 51 minutes 08
seconds East (South 19 degrees 48 minutes 22 seconds East-measured) and a length of 34.781 meters (114.11
feet) (120.73 feet by Instrument 9709725450 and measured) to point "1" as shown on said Right-of-Way Plat;
thence South 20 degrees 52 minutes 00 seconds East (South 19 degrees 49 minutes 16 seconds East-
measured) -97.039 meters (318.37 feet-'deed and measured) (distance quoted from lnstrument 9709725450)
along said centerline to the southeast comer of said exception tract; thence South 68 degrees 14 minutes 30
seconds West (South 69 degrees 20 minutes 14 seconds West-measured) 15.242 meters (50.01 feet-deed and
measured) along the south line of said exception tract to the westerly boundary of U.S.R. 421 and the Point of
Beginning of this description; thence South 20 degrees 52 minutes 00. seconds East (South 19 degrees 49
minutes 16 seconds East-measured) 184.432 meters (605.09 feet) (599.52 feet-measured) along said westerly
boundary to the south line of said grantor's land; thence South 87 degrees 17 minutes 00 seconds West (South
88 degrees 17 minutes 42 seconds West-measured) 1.852 meters (6.08 feet-deed and measured) along said
south line; thence North 20 degrees 52 minutes 00 seconds West (North 19 degrees 51 minutes 18 seconds
West-measured) 28.357 meters (93.03 feet) (93.02 feet-measured) to point "521" designated on said Right-of-
Way Parcel Plat; thence North 24 degrees 40 minutes 51 seconds West (North 23 degrees 40 minutes 09
seconds West-measured) 30.067 meters (98.65 feet-'deed and measured) to point "522ft designated on said
Right-of-Way Parcel Plat; thence North 21 degrees 41 minutes 06 seconds West (North 20 degrees 40 minutes
24 seconds West-measured) 70.007 meters (229.68 feet-'deed and measured) to point "523ft designated on said
Right-of-Way Parcel Plat; thence North 20 degrees 52 minutes 00 seconds West (North 19 degrees 51 minutes
18 seconds West-measured) 55.424 meters (181.84 feet) (176.29 feet-measured) to the south line of said
exception parcel; thence North 68 degrees 14 minutes 30 seconds East (North 69 degrees 20 minu~s 14
secOnds East-measured) 4.760 meters (15.62 feet) (15.98 feet-measured) along said south line to the point of
beginning and containing 0.0695 hectares (0.172 acres), more or less, being the same real estate shown as
"Future RIW to be conveyed to INDOr on the Secondary Final Plat for Mayflower Park, Lot 2, Block 6, the plat
of which is recorded as Instrument Number 200000045587 in the Office of the Recorder of Hamilton County,
Indiana.
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LEGAL DESCRIPTION
Parcel II
Together with easements and associated rights as set forth in a Declaration of Covenants and Easements dated
Statement of Variance
;," .
The sign ordinance does not allow,more than one wall sign per
building elevation. The East elevation currently has signage.
Statement of Support
Ed Martin has acquired a Buick Franchise and needs exterior
signage to advertise that line of vehicles'. The strict
interpretation of the ordinance would prohibit them from
advertising that line of vehicles.
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9896 N Michigan Rd
Carmel IN
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I~. THE SIGN GROUP INC.
.'11 @ 2006
5370 WEST 84TH STREET
INDIANAPOLIS, IN 46268.
PH: (317) 875-6969
FAX: (317) 875-6644
SIGNATURE FOR APPROVAL
NOTICE:
SALESMAN: DATE:
CLIENT: DATE:
ALL ARTWORK AND DESIGN IS PROPERTY
OF THE SIGN GROUP INC. ANY REPRODUCTION
IS STRICTLY PROHIBITED, UNLESS AUTHORIZED
BY THE SIGN GROUP INC.
#1 J072406-547R3
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I~I THE SIGN GROUP INC.
., @ 2006
5370 WEST 84TH STREET
INDIANAPOLIS, IN 46268.
PH: (317) 875-6969
FAX: (317) 875-6644
SIGNATURE FOR APPROVAL
NOTICE:
SALESMAN:
DATE:
ALL ARTWORK AND DESIGN IS PROPERTY
OF THE SIGN GROUP INC. ANY REPRODUCTION
IS STRICTLY PROHIBITED, UNLESS AUTHORIZED
BY THE SIGN GROUP INC.
CLlENT:"l) IJJ__
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DATE: 'l~f(~4--
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