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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION>,
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DEVELOPMENTAL STANDARDS SIGN VARIANCE REQUiST /'>
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DOCKET NO. DATE RECEIVED:APR 192001
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1) Applicant: Merchants Pointe Associates. LLC (The Linder Co..)!B<>rder's <<.~'
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Address: 8555 River Road Indianapolis. Indiana~;- ~
2) Project Name: Borders Bookstore Phone: 844-5313
Engineer/Architect: Carson Design Phone: 843-5979
Attn: Barbara Eden
Attorney: James 1. Nelson
Phone: 844-0106
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
(c) Other:
4) IfItem (3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
5) Record of Ownership:
Deed Book No. 200100015729
Page:
Purchase Date: March 29.2001
6) Common address of the property involved: None Assigned.
Legal description: See Exhibit A (Real Estate)
Tax Map Parcel No.: 17-14-06-00-00-001.001
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7) State explanation of requested Developmental Standards Sign request:
See Exhibit "B II
8) State reasons supporting the Developmental Standards Sign Variance request: (Additionally,
complete the attached question sheet entitled "Findings ofFact")
See Exhibit "C-l" (Variance I) and Exhibit "C-2" (Variance II)
9) Present zoning of the property (give exact classification): B-8 Business District
10) Size oflot/parcel in question: 1.84 acres
11) Present use of the property: Site development has commenced for Border's Book Store
12) Describe the proposed use of the property: Border's Book Store
13) Is the property:
Owner occupied .{
Renter occupied
Other
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 ofthis
application? If yes, give date and docket number, decision rendered and pertinent
explanation.
No
15) Has work for which this Application is being filed already started? If answer is yes, give
details: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
The Applicant. its successors and assigns. and subsequent owners of the real estate.
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NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY
twenty-five (25) days prior to the public hearing date and should be published in the next available
publication date of The Noblesville Times. The certified "Proof of Publication" affidavits of both
newspapers 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 and abutting
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 RESPONSffiILITY 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 assigned until all supporting
information has been submitted to the Department of Community Services.
The applicant certifies by signing this application that he/she has been advised 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 advise of his/her
attorney.
I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true
and complete listing of the adjoining and adjacent property owners of the property described
herewith.
SEE EXHIBIT D
FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXHmrr D-l.
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AFFIDA VIT
I, James 1. Nelson, Attorney for the Applicant and Owner of the property involved in this
application, hereby swear that the foregoing signatures, statements and answers herein contained and
the information herewith submitted are in all aspects true and correct to the best of my knowledge
and belief
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared James 1.
Nelson, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this 19th day of April, 2001.
My Commission Expires:
July 6. 2001
~y{~
Margie . Ferguson, Not Public
Residing in Marion County
F:\User\HeatherIJim N\DevelopmentaJ Standards Sign Variance Request-Merchants Point.wpd
APR 18 '01 08:50AM LINDER CO
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EXHIBIT A
Legal DescriPtion of Real Estate
Part of the North half of Section 6, Township 17 North, Range 4 East in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Northwest comer of Section 6, Township 17 North, Range 4 East; thence
South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said
Section 6, (being a straight line between said Northwest comer and the Southeast comer of
Section 31, Township 18 North, Range 4 East as said corners were monumented with Harrison
markers on September 23, 1999) a distance of 2265.00 feet to the Northeast comer of Woodland
Golf Club Subdivision, a subdivision in Hamilton County, Indiana, the plat of which is recorded
on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County,
Indiana, said comer being the place of beginning of the within described real estate; thence
continuing South 89 degrees 53 minutes 03 seconds East on said North line of Section 6, a
distance of 581.41 feet to a point that is 750.00 feet West of the center line ofIndiana State Road
#431, (designated as line "E" on I.S.H.C. plans for Project Number S-165(13), dated 1959 and
revised August 3, 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through
a I.S.H.C. right-of-way marker, a distance of 18.01 feet to the southerly right-of-way line of
1161h Street at point that is 20.00 feet South 00 degrees 04 minutes 33 Seconds West of survey
line "S-6-E" on said I.S.H.C. plans; (the following three courses are on said southerly right-of-
way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is
45.00 feet South of said survey line "S-6-E"; 2.) thence South 89 degrees 06 minutes 20 seconds
East 350.04 feet to a point that is 50.00 feet South of said survey line; 3.) thence South 87
degrees 03 minutes 42 seconds East 1 00.13 feet to a point that is 55.00 feet South of said survey
line, said point being on the westerly limited access right-of-way line of said Indiana State Road
#431, per the aforesaid I.S.H.C. plans; thence South 48 degrees 51 minutes 27 seconds East on
said right-of-way line 126.28 feet to a point that is 105.00 feet West ofline "E" on said plans;
thence South 02 degrees 52 minutes 32 seconds East on said right-of-way line 200.25 feet;
thence South 00 degrees 42 minutes 11 seconds West on said right-of-way line 347.17 feet;
thence North 79 degrees 19 minutes 04 seconds West 1 002.87 feet; thence North 33 degrees 33
minutes 52 seconds West 446.74 feet to the Southeast comer of Lot Number 33 in the aforesaid
Woodland Golf Club Subdivision; thence North 00 degrees 06 minutes 57 seconds East on the
East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more
or less.
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EXHIBIT "B"
EXPLANA nON OF REQUESTED
DEVELOPMENTAL STANDARDS SIGN VARIANCE
The Applicant, Merchants' Pointe Associates, is the owner and developer of the 14.37 acre
parcel of real estate legal described on Exhibit" A" hereto ("Real Estate") and commonly known as
"Merchants' Pointe" and located at the southwest corner of East 116th Street on Keystone Avenue.
Borders Bookstore, a Co-Applicant, is the purchaser of Lot 5 in Merchants' Pointe and will soon
begin the construction of a Borders Bookstore. Under the Carmel Sign Ordinance, Borders
Bookstore is defined as a "single tenant building". The north facia of the building is 176 lineal feet
east to west and is set back 90 feet from the right-of-way of East 116th Street. The Applicant is
requesting a developmental standards sign variance to permit the sign to be located on the north facia
of Borders Bookstore to be 190 square feet in size ("Variance 1") pursuant to the plans attached
hereto and made a part hereof and marked as Exhibit "B-1" as approved by the Carmel Plan
Commission pursuant to the ADLS approval process. The Applicant is further requesting a
developmental standards sign variance from the provisions of the Carmel Sign Ordinance governing
multi-tenant building complex to include the name "Borders" on the center identification ground sign
to be located at the intersection of East 116th and AAA Way pursuant to the plans attached hereto
as Exhibit "B-2" and as shown on the site plan attached hereto and made a part hereof as Exhibit "B-
3".
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EXHIBIT "C-l"
SIGN VARIANCE I
(Wall Sign)
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Merchants' Pointe Associates. LLC/Borders
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 design, location and size of the wall sign
has been approved by the Carmel Plan Commission as part of the ADLS review
procedure, and the sign is consistent and compatible with existing signage in the area.
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 design, location and size of the
wall sign has been approved by the Carmel Plan Commission as part of the ADLS
review procedure, and the sign is consistent and compatible with existing signage in the
area.
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 size of the sign permitted by the
Carmel Sign Ordinance is not sufficient to identify Borders considering the locational
attributes of the building.
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 25th day of June, 2001.
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (petitioner or his representative to sign).
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EXHmIT "C-2"
SIGN VARIANCE II
(Project Identification Sign)
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Merchants' Pointe Associates. LLC/Borders
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 design and location of the project
identification ground sign has been approved by the Carmel Plan Commission and is
consistent and compatible with like signage in the area.
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 design and location ofthe project
identification ground sign has been approved by the Carmel Plan Commission and is
consistent and compatible with like sign age in the area.
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 primary tenant in Merchants'
Pointe will be denied the required identification at the major entrance to Merchants'
Pointe.
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 25th day of June, 2001.
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (petitioner or his representative to sign).
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; JUN. 28. 2001 8: 50AM I
CEDARWOOD CO
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OEVELOPMENT, INC.
176J Mmiman Road
,4,0.011. Ohio 44313
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Fax; 330.864.8094
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The documents accompaDyilll this facsimile tr.~riission contain information Crom CEDARWOOD DEVELOPMENT,INC. which is
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transm[ssioD sheet. Xf you arl not the intended ree!ilient, you are 'hereby notified that any dlstlosure, copying, distribution; or tile taking of
J any action in rel12nce OD the contents oC this facsimile informatioll is strictly prohibited, and that the document should be returned to this
! oroce Immediately. In this rt'l Brei, if you have received thls faC.9imUe In error, please notlIy us by telephone Immediately so we can arrange
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CLI ENT: Bord ers Co rm el
BID:11591
SIGNTYPE: 10f1
PAGE: 10f 1
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SALES PERSO N: J u II e
DESIGNER: S Brink
DATE:2/2/01
SCALE:1/16"::: l'
REVISION DA1:E:5/30/01
REVISION COMMENTS:
ADO SIGN BACKING REQUIREMENTS
CUSTOMER SIGNATURE X
CARMEL,IN
LEASE DRAWING
Thfll8 on original. Ul'\PUbIl.ned drawing bv Jones SlO'! Co., Inc. It fa for your peuonal UM, In eon/unction ,^",Ih a project
being planned for you bt Jon.. Sign Co. If II not 10 be anawn to anyone outalde ofyOUt organb:atlon nor II II to b. uMd,
reprodueed, copied or exhibited In any falhlon. Use of *,"1 dMlgn or the dent elements of thl, deIIgn In any tlon done
by any oth. company, wllhout the iflCPf'" written permb:slon of JcneI Sign, I' forbidden by law and cam.. Q ctvU
torrelture of up to 25% of the purehaM price of the "on. JONES SIGN will endeava to c10M1y maleh coIM,
including f'MS. wh.. IpeCIfled. We cannot. 9ll2a'\lee _oct mQ\eh.. due to VOfylng ~atbnlty of surface
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SIGNTYPE: 10fl
PAGE: 10f 1
QG:2
SALES PERSO N: Julie
DESIGNER: S Brink
DATE:2/2/01
SCALE:1I16":: l'
REVISION DATE:5/30/01
REVISION COMMENTS:
ADD SIGN BACKING REQUIFEMENTS
CUSTOMER SIGNATURE X
CARMEL,IN
GREEN BAY, WI
MILWAUI(EE. WI
. CHARLOTTE, NC
This 18 an original, unpubu.hecl dl'O'Mng by Jon.. SIgn Co., Inc. It \1 for your peraonal u.., In eonjlJllclton with a project
being plann-=! for you bot Jon.. Sign Co. JI b not 10 be shCM'l'l to c:nyone oublde of ycur organlzotton nor IIII to be l.lMd,
r~oduced, copied or 8hIblted In any fashion. Ute of thI, dellgn or the lalen' otfWnerl:b of thl, dagn In any lI;n don.
by any other compony, without the exprMl WriHen pennlalon of Jon81 SIgn, II forbidden by law and CClI1es a eMl
forlllllure of up to 25% of the putchate prlce of the IIgn. JONES SIGN wlU <<'ldeava to cIOM/y mglch cdOl'1.
including PMS. where speelfled. We cannot ~a'antee exact matches due to varying ~atbllltv of tlUtbee
mat.,lalu a\d pcinhl 1,Ited. AI u. end ~lIcn. are Illustrot.d for clIenh conceplton of prO/ect and are no!
10 be undefltood 01 being exact 11.1. or exaet Icale,
LEASE DRAWING