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Conn, Angelina V
Sent:
To:
Cc:
Conn, Angelina V
Friday, September 15, 2006 4:17 PM
Tingley, Connie S
Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B;
Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N;
Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R;
'mearley@aol.com'; 'michael@omnicity.net'
Subject: RE: Docket No. Assignment: (V) Monon & Main, Unit 2E (#06090026-27 V)
Follow Up Flag: Follow up
Due By: Friday, September 15, 20064:00 PM
Flag Status: Flagged
Attachments: BZA Public Notice Sign Procedure.pdf
From:
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Monon
& Main, Unit 2E. They will be the following:
Total Fee:
$267.00
$267.00
$534.00
Docket No. 06090026 V
Docket No. 06090027 V
Monon & Main, Unit 2E
The applicant seeks the following development standards variance approvals:
- Docket No. 06090026 V Section 15.26 of PUD Z-462-Q4 non-residential uses on 2nd & 3rd floors
- Docket No. 06090027 V Section 2.13.B of PUD Z-462-04 2-car garage requirement
The site is located northeast of Third Ave NW and Main St., and is zoned PUD/Planned Unit Development. Filed
by Vicky Earley of Artichoke Designs.
-
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, Sept. 28. Published notice
is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is
also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdt).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 20.
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, October 13. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the November agenda of the BZA.
5. This Item will appear on the October 23, 2006 agenda 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. & Mrs. Earley can be contacted at 590-0111 (phone), 844-0394 (fax) or email: mearley@aol.com.
Department's Review Comments; petitioner. please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. 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: publicnotices@indystar.com).
9/15/2006
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2.) Provide filled out Notice of Public Hearing (page 5 of the application).
3.) Provide filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application).
4.) Please provide filled out and notarized placement of public notice sign affidavit.
5.) Please make checks payable to the City of Carmel.
6.) Please provide a copy of the official list of adjacent properties from the Hamilton County Auditor's Office.
7.) Please note that your Special Warranty Deed has an error: in the first paragraph, it states that the property is
within Marion, rather than Hamilton County.
8.) Please provide the following details about the proposed uses: parking breakdown, number of employees,
hours of operation, proposed floor plan/layout, number of clients per day, and the specific use for the third floor.
9.) Please note: if you can configure the garage area, so that two cars can still be pulled into the garage, one right
behind the other, then the 2nd variance request can be withdrawn.
Thank you.
Angie Conn, Planning Administrator
9/15/2006
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U CITY OF CARMEL - CLAY TOWNSQ
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
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FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional sebtibn'offhe
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
2)
DOCKET NO. DlooQW2l.P \! - '11 "
Applicant: V I C. K J C 0..("" \ej
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DATE RECEIVED:
Mea., te.':j C! 0-0 \. c... or'v\
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COl..r~ 4G,o~ ~
590 .0 II (
Address:
Project Name:
Engineer/Architect:
Phone:
Attorney:
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Phone:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
K (b) The applicant is the contract purchaser of the property
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
5)
NA
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Record of Ownership: N\ 0 t-J e "-..1 ~ N\ ~ \ "-l L LC-
Deed Book No./lnstrument No. .~ e> 0 5 () 0 0 5 b b D
~\30 \ oS
Common address of the property involved: ~ ~ I N (9 r & '"'\ ~
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Phone:
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Owner of the property involved:
Owner's address:
Page:
Purchase date:
6)
Av~ ~r~ '-tbo3d.-
Legal description:
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llo 01 2S- 0 26S017 00()
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).
.5tl.e.Q~
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Vicky Earley
#7 Property is currently subject to Zoning Ordinance Z- 462-04 sec 15.26.
Request is from definition of Live / Work dwelling in order to have non residential use on
2nd and 3rd floors. This use would include custom interior design consultation space, art
gallery display and 1-2 artist work areas.
#8
Vicky Earley owns Artichoke Designs retail store which is located at 10 south Rangeline
Road. To insure the continued growth of Artichoke Designs current retail location, we
have found it necessary to move our custom design location and fine art gallery
elsewhere. Design consultation involves working with individual clients and includes
designs, selection of fabric, art window treatments, colors and furnishing vignettes. The
consultation and display of art requires more space than is available on the first floor.
It is our hope to utilize the 2nd and 3rd floors of the structure facing Main Street as a place
to meet custom interior design clients for the purpose of planning and implementing. We
will display original fme art, as well We will also have work space for 1-3 artists. With
the growth of the Arts and Design District, we feel this ties in well with the development
that is occurring in the area of a mix of residential and commercial.
Client meetings are generally by appointment only. The anticipated traffic into the
building will be low.
1-
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8)
State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
'S~ 'fl""-VIOlJ ~ Q tk ~W
9)
10)
11 )
12)
Present zoning of the property (give exact classification): P L,....., ~ e\?O tJ I \.
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P..e~l()E,..J'TIAL I L\ve.- - WD\~
Describe the proposed use ofthe property: U-h l,~ ;2,....,0 .. 3 roD -I\..~ lL. ~
&es'6U c.o,....~..d-h.-+,~ a.""Q. D'~pl~ .-f) ~JN.e o...,..+-.
Size of 10Uparcel in question:
acres
Present use of the property:
I IV .k.r\C) ....
13) Is the property: Owner occupied
Renter occupied
Other VtoJOEIL Co~-+t4d ~\+'--- <;v,,::,k..... a",\l~
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.
L. ()~ 1'-.)& it- L" Y (p d.. · t)~
15) Has work for which this application is being filed already started? If answer is yes, give details: N 0
Building Permit Number:
Builder:
16)
If proposed appeal is granted, when will the work commence?
~ " a..lJ. ~ l;" 0 iJ cJ) tv Or ~ \.4) \ \ \ }oJ eet!l ~ lo.4l' (OP'-r I-e ke9.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Vlc.~ €O-r\~
NOTE: LEGAL NOTICE shall be published in the Indianapolis 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 supportina information has been submitted to
the Department of Community Services.
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ADJACENT PROPERTY OWNERS ~IST
ThE! applicant certifies bv signing this application that he/$he 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/Ot' thl.'t legal advice of hislher attorney.
(Please Print)
affidavit is a true and complete Uslin9 of t'le adjoining and adjacent property owners of the property described herewith.
I,
, Auditor of Hamilton County, Indiana, certify that the attached
OWNE;B
ADDRESS
EXAMPLE ONL Y: -
Formal list request sheet & official list
may be acquired from the Hamilton
County Auditor's Office (776-8401).
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Auditor of HamiJt~n County, !ndiana--Signature
Date
Page 3 of 8 - Z:18I'18nl<llfD"".\Rl.4 .ppl~'i!lIDn'\ OlIvoalOlllll&01 l'lli>lId...,. Varle/lollllppJic;1mo rllll.Oll00J'J0Qr,
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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.
V tel J}
(Please Print)' /
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STATE OF INDIANA
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County of fhm i IlotJ
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(Notary ubllc's county of residence)
Before me the undersigned, a Notary Public
for
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
ower of Attorney)
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S-ciJ~C# ber
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Notary Public--Please Print
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My commissi~~(r-s(;cf
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BARBARAALANtlIY
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HAMILTON COONlI'Y 'I
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Page 4 of 8 - z:lsharedlforms\BZA applicationsl Development Standards Variance Application rev, 01/03/2006
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
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: ........~ } < --rtJ-- t1 ~
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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:
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:
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 anQ 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 ?ire listed on the back. (Petitioner or his representative to sign).
Page 8 of 8 - z:lsharedlforms\BZA applicationsl Development Standards Variance Application rev. 01/0312006
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Findings of Fact
# 1 The requested variance does not alter the existing structure and will have very low
traffic that will enter from Main Street. The business involved fits in with the vision of
the Arts and Design District.
#2 The requested variance is for interior design consultation and fine art display that fits
exactly with the vision of the Arts and Design District.
#3 The strict application of the current zoning would significantly limit the design piece
of the business by limiting display areas and room for fine art display. In addition,
having on site art work areas facilitates the artists ability to work with clients.
3175952161
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DULY Ef,;EnD 1(;RL:V~AlIONJ4cu
Subject te fi'a:;:~ ~nsfel
30 'day or _, , 20~
l ~ ~ AuOlter of HllCllillcn COllntt
p,>,,::! )-?:';~ '()?~.2S-,!)~ .03 ~ O.:iQ.OOO
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~p WAR ~EF.D 22.00
SJ'ECIbL WARRANTY DEED
l'UIS INDENTURE WITNESSETU, that Carmel Monon, LLC (Grantor) CONVEYS
AND WARRANTS to MOGan &. Main, {;I ,C ("Grantee") for the sum ofTen Dollars ($1 (1.00)
and other ',1aluable confjideration, the receipt and sufficiency ofwhi,-b l.Ile hereby acknowledged,
the teal estate in Marion County, in the State of rndiana and mOre l,articularly described in
Exhibit A auaehed hereto and by reference made a pan hereof (the '.R~al Estate"),
This conveyance LIiI subject to non-delinquent real estate taxes, covenants, conditions,
easementll, agreements highways, and restrictions of record
Gr.mtor, as its sole warranty oftitJe hereunder. cQv~nantl! only against lawful claim& of
all persons claiming by, thrQugh Of under Grantor, but not otherwise.
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The undersigned hereby warrants and represents that he IS authorized to exec-ute (l1is
~f'leciaJ warrant)' deed on behalf of lh~ Grantor.
IN WITNESS WHERnOr, Grantor hll$ ~used this spcciai warranty deed to be
executed this ~y of ~.. 200;.
3176952161
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State of Indiana )
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County of Marion )
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Before me, 1.1 Notary Public in and for said Coullty and State, personally appeared Tadd Miller,
as auth.orized member of Carmel Monon, LtC who acknowledged the execution of the
foregoing.
'ial Seal, this 1."( day of .Jv....~ Il,~ J, ,2005.
Public ~ Signature
My Commission Expires:
My Co-unty of Residence:
Send TIl.'I: Statements to:
And Return Deed to;
Notary Public - Printed
Manon & Main, l.LC
8383 Craig Street, Suite 100
Indianapolis, IN 46250
Stephen A. Backer
Backer & Backer, P.C.
8710 N. Meridian Street
IndimapoUs, IN 46260
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This im~trumcnt was prepared by Richard J. Dick, Attorney aL Law, P.O. Box 44911,
Indianapolis, IN 46244-0911.
16/19
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CASE NO. 050703~5S
EXHIBIT A - LEGAL DESCRIPTION
Tract 1:
A part of the East Half of the Northeast Quarter of Section 25,
Township 18 North, Range 3 East, described as follows:
Beginning 6~" roos 4 feet 6 inches West of the Southeast corner
of said Quartl!lr section, run thence North 18 rods 7 feet,
thence West 10 rods, thence South l8 roda 7 feet, thence East
10 rods to the place of beginning, the aame being located in
the Town (now City) of Carmel, Hamilton County, Indiana,
containing l.15 acres, more Or less.
Tract 2:
Part of the East Half of the Northeast Quarter of Section
Twenty-Five (25), Township Eighteen (18) North. Range Three (3)
East. described as follows:
Begin 51 rods and 14 feet West of the Southeast corner of said
Quarter Section and run North 18 rods and 7 feet, thence West
15 rods and 10 feet, thence South 18 rods and 7 feet, thence
East lS rods and 10 feet to the place of beginning, in Hamilton
County, Indiana, containing 1.SO acres, more or less.
Tract 3:
A part of the Southwest Quarter of the Northeast Quarter of
Section 25, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly desc:r:ibed as follows:
Begin at the Southeast corner of the Southwest Quarter of the
Northeast QuarteI:" of said Section 25, ana run thence North on
the East line of said Quarter Quarter Section 307 feet; thence
West parallel with the South line af said Quarter Section
212.83 feet; thence South parallel with said E~~C line, 307
feet to the South line of sa1a Quarter Section; thence East on
said South line 2l2.83 feet to the place of beginning,
containing 1.50 acres, rno%e or less.
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EXHIBIT A - CONT'D
EXCEPT therefrom those parts conveyed to the City of Cannel,
Indiana, by an instrument titled "Dedication & Deed of Public
Right-of-Wayn recorded April 18, 2005 as Instrument No.
200500022613 in the Office of the Recorder of Hamilton County,
Indiana, to-wit: .
DEDICATION OF RIGHT-OF-WAY FOR MAIN STREET:
A part of the Northeast Quarter of Section 25, Townsbip 18
North, Range 3 East of the Second Principal Meridian, in Clay
Township, Hamilton County, Indiana, more particularly described
as follows:-
commencing at the southeast COrner of said quarter seetion;
thence South 89 degrees 50 minutes 08 seconds West (assumed
bearing per survey by Weihe Engineers, Inc. Job No. W040314
dated May 13, 2004) along the south line of said quarter
section 85~.74 feet (per said Weihe survey) to the southeast
corner of a tract of land described in Instrument No. 9110652
(Tract "All) in the RecoX'derls Office of said Hamilton County
and the Point of Beginning of this description; thence
continuing south 89 degrees 50 minutes 08 seconds West along
said south line 665.33 feet to the southwest corner of a tract
of land described in OR r/6, page 220 (Tract ItB") in said
Recorder's Office; thence parallel with the west line of said
half-quarter section North 00 degrees 47 minutes 02 seconds
East along the we&t line of said Tract "an 35.00 feet; ~hence
pa~allel with said south line North 89 degrees 50 minutes 08
seconds East 135.1 feet to a point on a non~tangent curve .
having a radius of 70.00 feet, the radius point of which bears
South 60 degrees 09 minutes 52 seconds East; thence
northeasterly, easterly, and southeasterly along said eurve an
arc distance of 146.61 feet to & point bearir.g North 59 degrees
50 minutes 08 seconds East from the radius pointi thence
parallel with the south line of said quarter section North 89
degrees 50 minutes oe seconds East 408.31 feet to the east line
of said Traet "Alii thence South 00 degrees 47 minutes 02
seconds West along said east line 35.00 feet to the point of
beginning, containing 0.~04 acre, more or less.
AND I
DEDICATrON FOR REVISED 3rd AVENUE NORTHWEST BETWEEN MAIN STREET
AND 1st S'I'RBET:
A part of the Northeast Quarter of Section 25, Township l8
North, Range 3 East of the Second Principal Meridian, in Clay
Township, Hamilton County, Indiana, more particularly describ~d
as follows I
Commencing at the southeast corner of said quarter section;
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SXHIBIT A - CONT'D
thence South 89 degrees SO minutes OS seconds West (assumed
bearing per survey by weihe Engineers I Inc. Job No. W040314
dated May 18, 2004) along the south line of said quarter
section 1067.00 feet to the point of beginning of this
description; thence continuing South 89 degrees 50 minutes 08
seconds West along said south line 44.00 feet; thence North 00
degrees 47 minutes 02 seconds Bast 81.61 feet; thence North 12
degrees 27 minutes 46 seconds west 180.72 feet; thence North CO
degrees 47 minutes 06 seconds Bast 45.78 feet to the north line
of a tract of land described in DR 176, page 220, in the
Recorder's Office of said Hamilton County; thence North 89
degrees 50 minutes os seconds East along said uorth line and its
extension and along the north line of the tract of land
described in lnst~. No. 9110652 in said Recorder's Office 44.00
feet; thence South 00 degrees 47 minuees 02 seconds West 41.40
feet; thence South 12 degrees 27 minutes 46 seconds East 180.72
feet; thence South 00 degrees 47 minutes 02 seCQnds West 85.99
feet to the point of beginning, containing 0.311 acre, more Or
leas.
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Number of employees First of all, my plan is to continue with my interior design and fine
art retail business, Artichoke Designs, located at the corner of Rangeline and Main.
Artichoke Designs currently employees 2 full time, 3 part time, and 8 independent
contractors. I do not plan to increase my number of employees...simply allow them access
to the Main street location as needed.
Parking:The nature of interior design/custom art business generally requires business to be
conducted by appointment. These clients are currently parking in the Arts and Design
district to conduct business at our retail location. Although there may be a shift in where our
clients park, we do not anticipate an increase in volume. The nature of our business
provides a destination for individuals who may not have visited the Arts and Design District
otherwise. These additional shoppers to the existing retail base should be well worth any
addition parking spaces.
Number of clients per day: I currently see 1 - 3 interior design or custom art clients per day
at my retail location or at their location. My independent contractors consult with their clients
at the retail location an additional 2 -4 times per day. I do not anticipate that number
increasing due to the nature and duration of each appointment. I do, however, anticipate
heavier foot traffic in the summer months ( due to the proximity to the Monon Trail and
restaurants) when we hope to be open on weekends for viewing custom art and light retail.
Use of third floor: It is my hope to use the third floor as much needed work space for our
current artists and designers in that we are not able to provide space for them at this time.
Most are required to borrow materials and work from home or enter the retail store after
hours.
Thursday, October 12,2006 America Online: MEarley
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Developer and or builder reserve the
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~DIAMOND BUlLDER"AWARD
'To Rir Excellence In Consumer Satisfactinn
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OPPORTUNITY
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Gunstra Builders is proud to present 3-story town home living in
the heart of Carmel's Arts & Design District. This intimate
community will offer only 77 homes of which 19 will have the
opportunity for a small retail storefront on the homes' lowest level.
This premier location offers immediate access to the Monon Trail
and the shops and restaurants of downtown Carmel, creating an
ideal environment for your low maintenance lifestyle.
GWlStra
BUILDERS
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w. 131st Sl
E. 146111 Sl
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!it Schools & Libraries
Carmel Elementary School
Carmel High School
Carmel Junior High School
Carmel Clay library
. Emergency Facilities
Community North Hospital
SI. Vincent Carmel Hospital
Police Station
Fire Station
II Shopping & Dining
Lowes
Target
Wahuart
Meijer
Marsh
Kroger
Wild Oats
CVS
Walgreens
Clay Terrace
Fashion Mall at Keystone
Castleton Mall
. SpOrts & Recreation
Carmelot Park
Meadowlark Park
Carmel Central Park
Monon Trail
Carmel Ice Stadium
Woodland Country Club
Plum Creek Country Club
Prairie View Golf Club
o Airport
Indianapolis International Airport
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Matisse
DINING
13'x 12'
DECK
LIVING
ROOM
1S'x 19'
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BEDRM. #2
13'x 11'
BEDRM. #3
12' x 10'
3RD F"LOOR
DECK
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12'x 12'
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GARAGE
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RECREATION
ROOM .
15' x 14'
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UP
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1ST F"LOOR
Elevation availability may vary based on community covenants and guidelines.
Dimensions shown here are approximate and may vary. Designs and specifications are
subject to change. Illustrations are artist conceptions, actual elevations may vary. 6/06
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