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Page 1 of2
Conn, Angelina V
From: Conn, Angelina V
Sent: Monday, December 18, 2006 3:22 PM
To: Tingley, Connie S; 'soori@soorigallery.com'; 'amardalan@sbcglobal.net'
Cc: 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
Subject: UPDATED: Docket No. Assignment: (V) Monon & Main, Unit 2B (#06120011 V & 06120015 V)
(Please see the addition of another docket no. for this petition.)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Monon
& Main, Unit 2B. They will be the following:
Docket No. 06120011 V
Docket No. 06120015 V
Total Fee:
$267.00
$267.00
$534.00
Monon & Main, Unit 2B
The applicant seeks the following development standards variance approval:
Docket No. 06120011 V Section 15.26 of PUD Z-462-04 non-residential uses on 2nd & 3rd floors
Docket No. 06120015 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 Mr. and Mrs. Ardalan for Soori Gallery.
-
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, December 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 pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, January 19.
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, January 12. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the February agenda of the BZA.
5. This Item will appear on the January 22, 2007 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.
Ms. Ardalan can be contacted at 299-5363 (phone) or email: soori@soorioallery.com or
amardalan@sbcglobal.net
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).
2.) Please make checks payable to the City of Carmel.
3.) Please provide the following details about the proposed use: parking breakdown, number of employees, hours
of operation, proposed floor planllayout, number of clients per day, etc. The more detail, the better.
4.) Please provide filled out and notarized placement of public notice sign affidavit.
5.) Please submit the original copy of the application, with original signatures.
6.) If you find that you will be able to pull one car behind the other, thus fitting 2 cars into the garage, then you
may withdraw the second variance request.
12/18/2006
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Page 1 of2
Conn, Angelina V
Conn, Angelina V
Monday, December 18, 200611:17 AM
Tingley, Connie S; 'soori@soorigallery.com'; 'amardalan@sbcglobal.net'
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
Subject: Docket No. Assignment: (V) Monon & Main, Unit 2B (#06120011 V)
Attachments: BZA Public Notice Sign Procedure.pdf
From:
Sent:
To:
Cc:
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Monon &
Main, Unit 2B. It will be the following:
Total Fee:
$267.00
$267.00
Docket No. 06120011 V
Monon & Main, Unit 2B
The applicant seeks the following development standards variance approval:
Docket No. 06120011 V Section 15.26 of PUD Z-462-D4 non-residential uses on 2nd & 3rd floors
The site is located northeast of Third Ave NW and Main St., and is zoned PUD/Planned Unit Development.
Filed by Mr. and Mrs. Ardalan for Soori Gallery.
-
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, December 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 pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, January 19.
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, January 12. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the February agenda of the BZA.
5. This Item will appear on the January 22, 2007 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.
Ms. Ardalan can be contacted at 299-5363 (phone) or email: soori@soorigallery.com or
amardalan@sbcglobal.net
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).
2.) Please make checks payable to the City of Carmel.
3.) Please provide the folloWing details about the proposed use: parking breakdown, number of employees, hours
of operation, proposed floor planllayout, number of clients per day, etc. The more detail, the better.
4.) Please provide filled out and notarized placement of public notice sign affidavit.
5.) Please submit the original copy of the application, with original signatures.
Thank you.
Angie Conn, Planning Administrator
12/1812006
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DEVELOPMENT STANDARDS VARIANCE REQUEST \' . \" I~:;/ <:s /~~
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional se_ction' of the
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 TOWNSHIPU
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO. 06120011V 7 06120015V
DATE RECEIVED:
, 1) Applicant: ABDOLAZIZ M ARDALAN & MASOOMEH ARDALAN
Address: 9737 DECATUR DRIVE
INDIANAPOLIS, IN 46256
2)
Project Name:
MONON & MAIN
Phone:
317 595 9095
Engineerl Architect:
Phone:
Attorney:
Phone:
3) Applicant's Status: (Check the appropriate response)
XX (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:
Ownerofthepropertyinvolved: ABDOLAZIZ~.M ARDALAN & MASOOMEH ARDALAN
Owner's address: 9737 DECATUR DRIVE INDPLS..IN 46256 Phone: 317 578 1133
5) Record of Ownership:
Deed Book No.llnstrument No.
6)
Page: Purchase date:
Coml'flonaddressofthepropertyinvolved~ONON & MAIN #LOT 2B :2. 73 NcJl?OI/Ke /J}/e
(,(Jf)ltV 51) ~rYleJ. J ,j;r/ "j bOJ,Z
12 11 06
Legal description:
7)
Tax Map Parcel No.:
~
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 andlor creates the need for this request).
We are the owner of Soori Gallery which is located on 20 N Main st.
Zionsville, IN. WE would like to move to Carmel Art District.
We would like to use all three"'f<\oors including r-THE_~~~~~' garage
"
,
as our art gallery,our art gallery main sho~ room will be on first
floor" by adding;.~~.-':t'HE 1, garage to it. '{,' , - ,-
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Page 1 of 8 - z:\shared\fonnslBZA applications\ Development Standards Variance Application rev. 01/0312006
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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").
Relocating Soori Gallery which is a very upscale art gallery.
showcasing Bronze and acrylic sculptured worKS oy leadiny AlIl~,(.LGan
and Int~rn~tinn~l artists.
I ------_u -----___
9) Present zoning of the property (give exact classification): ' j:>Up _ I,
Size of lot/parcel in question:
2251 SQ. FT.
acres
10)
11)
12)
Present use of the property:
Describe the proposed use ofthe propertlery upscale art gallery.
Under construction
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 of this application? If yes, give date and docket
number, decision rendered and pertinent explanation.
NO
I
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
GUNSTRA BUILDERS
Builder:
16) If proposed appeal is granted, when will the work commence?
Rightaway
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The Ardalan (owner of Soori Gallery)
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 ass;!:!ned until all support;n!:! information has been submitted to
the Department of Community Services. . ..
Page 2 of 8 - z:lshared\formslSZA 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: JYl&<JCt7/f1M #:IAlf$4/l
(Property Owner, Attorney, or Power of Attorney) Date
Masoomeh Ardalan
(Please Print)
STATE OF INDIANA
SS:
County of ~
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for ~~
(Notary Public's county of residence)
County, State of Indiana, personally appeared
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(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
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day of
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Notary Public--Please Print
My commission expires:
p.trir.ia L. Malone Notary Publlf::
My Commission Expires Septem~r 13. 2001
County of Residence: Manon
Page 4 of 8 - z:\sharedlfonnslBZA applications\ Development Standards Variance Application rev. 0110312006
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Elevation availability may vary based on community covenants and guidelines.
Dimensions shown here are approximate and may vary, Designs and specifications are
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
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Docket No.: :';~,,\06120011V & 06120015V
ABDOLAZIZ M & MASOOMEH ARDALAN
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:
SaaRI GALLERY WILL BE A BEAUTIFUL, APPROPRIATE AND PERFECT
ART GALLERY FOR CARMEL ART DISTRICT.
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:
SaaRI GALLERY WILL SHOWCASING PAINTINGS, BRONZE AND ACRYLIC
SCULPTURED WORKS BY LEADING AMERICAN AND INTERNATIONAL ARTISTS.
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:
15 x 14 FT. SPACE IS VERY SMALL TO BE A SHOW ROOM FOR
SaaRI GALLERY. BY ADDING GARAGE TO FIRST FLOOR SaaRI GALLERY
MAIN SHOW ROOM WILL BE SHOWCASING VERY UPSCALE ARTS.
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\formsIBZA applicationsl Development Standards Variance Application rev. 0110312006
FROM :
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FAX NO. :
ur. 112l 2I2lI2l6 U:SI2lAM Pi
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CITY OF CARMEl- CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPUCATION FOR BOARD OF ZONING APPEAlS ACTION
DEVELOPMENT STANpARDS VARIANCE REQUEST
FEE: Slngl' Family (Primary Residence) $267.00 for the first variance. plus $80.00 for each additional section of the
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 $e8 Hearing Officer Fees \ '?
DOCKET NO. OLD \ L- Db, \ ~ '\J DATE RECEIVED: \"1-- \ 5- O(f)
. 1) Applicant: ABDOLAZ IZ M ARDALAN &: MASOQMER ARDALAN
~ '"
:::
Address: 9737 DECATUR DRIVE
INDIANAP9LIS. IN 46256
317 595 9095
Phone:
2)
Project Name:
MONON &: MAIN
Engineer/Architect:
Attomey:
Applicant's Status: (Check the appropriate respon$9)
~ (a) The applicant's name Is on the deed to the property
~ (b) The applicant Is the conttact purcha8er of the property
_ (0) Omer:
4) . If Item 3) (c;) Is checked, please complete the following:
Phone:
3)
Phone:
a W\a.vdalClVl@'S>bGjloloa.O .f'leA..
srov, @ SS/\~UjbC)'o~, 1<\ e~
SCO(\ ~ ct \leri .CDV.r\
5)
Owner of the PrQpeI'ty Involved: ABDOLAZI,Z': M' ARDALAN &' MA:~00MEH ARDALAN,
OWner'seddress: 9737 DECATUR DRIVE INDPLS~ ,IN' 462~,i Phone: 317 ,578 1133
Record of Ownership:
Deed Book NoJln$truI'r1E1nt No.
8)
, 12 11 06 ~~
2B a 73 J"~~~.,-tJ ....
ea..:Hr'" IJ.l'/ .r tV 7' 5 ~ 3-<
0'1-0 ~O\,. CXJ?) ."
Page: Purchase date:
Common address of the property InvolVed!",ONON ." MAIN fLOT
Legal description:
Tax Map Parcel No.:
\LD - Oq- '2S-
7)
State explanation of requested Development Standards Variance: (state what yQu WWlt to do and:cftethe section
number(s) of the CarmeVClay Zoning Ordinance that applies and/or ~ tlle' need for this request).
We are the owner of Soo.r1 Gallery which, is located on 20 N Main st.
ZionSV111e, IN. WB would like to ~ove to Carmel Art District.
We would like to use all three f100rs includ1ng portion of garage
as our art gallery,our art gallery main show room will be on first
floor by adding a portion of ,garage to it. Still we will have garage
space for~~~~~~_'\L.. 18ZA.......:Uall\Dr . d___~~ -.01.... '7 - 4 u -Z - ~ L\ J
SecM'"^ I t~~~~\){\L
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FROM:
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FAX NO.
(' 'Jr. 10 2006 11: 34AM P3
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CITY OF CARMEL. CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
AefUCATION FOR BOARD OF ZONING .~tON
O~~OPMeNT STANDARDS VARIANCE REQUEST
FEE: 61ngle Family (Primary Residence) $267.00 for the first V41riance, plus $80.00 for each additional section of the
ordinance being varied. .
All Other $1,018.00 for the first variance. plus $481.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO.
DATE RECEIVED:
, 1) AppHcant: ABDOLA'Z IZ M AROALAN & MASOOMER ARDALAN
2)
Project Name:
MONON & MAIN
INDIANAPOLIS, IN f6256
Ph~: 317 595 9095
Address: 9737 DECATUR DRIVE
Engineer/Architect;
Attorney.
3) Appflcanfs status: (Check the appropriate response)
XX (e) The epplicenfs nerne is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
4) . If Item 3) (e) 18 checked, please complete the folloWIng:
OwI'ler of the property Involved: ABDOLA.z,I Z: M ARDALAN & MASOOMEH ARDALA-N
Phone;
Phon19:
r.:
Owner'sadd1'8ss: 9737 DECATUR DRIVE INDPLS.. IN, 46'25.6 Phone: 317 579 1133
5)
Record of OWnersbip:
Deed' Book No./Instrument No.
6)
page; Purchase elete:
COmmOn8eldressOfthepropertylnV0lved~OWON ~ MAIN flLOT 2B
Legal description:
Tax Map Parcel No.:
State explanation of requested Development Standards Variance: (~what you want to do and cite the sedJon
number(s) of the CarmeUClay Zoning Ordinance that applies and/or creates the need for this request).
We are the owner of Soo~i Gallery which, is lOcated on 20 N Main St.
12 11 06
7)
Zionsville, IN. WB would like to move to Carmel Art District.
We would like to use all three floors incl~ding portion of.qarage
as our art qallery,our art gallery main show room will be on first
floor by aodLng a portion of garage to it. Still we will have garage
space for parking. '
Page 1 of 8-~.4o/annItI8ZA....... i J. DIMIIapmelI!SIlIIIcfBIda ~~ _01AJIWZ00I
FROM :
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FAX NO.
C~r. 10 2006 11:35AM P4
~
8) State rBS$on, supporting the Development standards Varfance: (Additionally, Complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Relo~atin9 Soori Gailery which is a very upscale art gallery
showcasing 'Bronze and acrylic sculptured. worx's by l~adin~ Aluer iean
IRQ InternA~;~nal artists.
9)
Present zoning of the property (give exact classification):
PUD' - , ,
10) Size of lot/parcel In question:
2251, 89. FT.
acres
11) Pl'esentuS8 of the property: Under construction
12) Describe the ptoposed use of the pro~ery upscale a.rt gallery.
13) Is the properly: 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 ~ affect its use for the specific purp,ose of this application? If yes, glve date and dooket
number, decision rendered and pertinent explanation.
NO
f
15) Has work tor which thIS application Is, being flied already started? If answer is yes, give detalls:
Building Permit Number:
Builder: GUNSTRA BUILDERS
;i~.,: ' 16)
If proposed ~ppealls granted, when wln'the work commence?
Rightaway
17) If the proposed varlan98 Is granted. who will operate and/or use the, pRlpoQd improvement ,for which this
application has been flied?
The Ardalan (owner of Soori Gallery)
NOTE:. LEGAL NOTICE shall be published In the IndlanaDoIls Star a MANDATORY twenty-flve (2$) days prior to the
public hearfng date. The certified "Proof of Publioatlon" affidavit for the newspaper must be available ,for -Inspection the '
night of the hearing.
LEGAL NOTICE to all adjoining enct abutting property owners Is silo MANDATORY; two methods ,of notice are
recommended:
, .
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property ownn. (Th~ white receipt
should be stamped by the Post OffIce at least twenty-five (25) days prior to the pubUc hearing date.)
2) HAND DELIVEREO to adjolnJng end abutting, property owners (A receipt ,signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verffleatlon that the notice was
completed)
REALI?~ THE BURDEN OF PROOF FOR AlL NOTICES IS THE RESPONSIBIlITY OF THE APPUCANT. AGAIN, THIS
TASK MUST as COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that dQ9ktt .QYmber8 will not be asslaned untJf 8fJ supoortlna InfolTl'lation has'bean,submitted to
the O~rtroent of Community ServIces.
Page2of8-LWt.-.A.~ "'*, [ .AD......._.~. t ~~~ ,,!,_0fAlSI2DlJlI
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FROM :
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FAX NO.
(jr.
10 2006 11:36AM P7
AFPIDAYJT
I, hereby swear that I ~1t1 the owner/contract PUrchaser ot property Involved In this application and that the foregOing
signatures, statements and answers herein contaIned and the Infonnation herewith submitted are In aU respects true and .
correct to the best of my knowledge and belief. I. the undersigned, authorize the appfa:;ant to act on my behalf w1m regard
to this applleation and subsequent hearings and testimony.
Signed: ~e.a ~~ {,W~)'j
(Property Owner. Attomey, or P~r of AltomB)') Pate
MasoOftleh Ardal~n
(Please Print)
STATE OF INDIANA
88:
~"\MS)V
(County In which notarlmtlon takes pl8ce)
for ~~ County. State of Indiana. personally appeared
(Notary Publlc's county of residence)
. ~~~ S.~ Clod Clcknowledge the exec:ution of the foregolng.lnslrumentthls
(Property Owner, Attomey, or Power of Attorney)
.
County of
Before me ~e undersigned, a Notar)' Public
'1:
~'~:.
---l5.-. day of
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My.commlJ81on expires:
-- MtfI L. MaIorB NaIarv PuI*
_GDmmJ88lon &pirs September 18, 2OtI1
- County of ResfcfMce: Marion
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FROM :
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FAX NO.
c..Jr. 10 2006 11:38AM P11
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docoket No.:
Petitioner: ABDOLAZIZ M & MASOOMEH ARDALAN
FINDINGS OF FACT - DEVe.OPfl;~T SYANDARDS VARIANCE
1. The approval of this variance will not be injurious to the publiC health, safety, morals and generalwelf8re of the
community because:
SOORI GALLERY WILL BE A BEAUTIFUL, APP~OPRIATE AND PBRFECT
ART GALLERY FOR CARMEL ART DISTRICT.
2. The use and value of the area adjacent to the property InCluded in the variance will not be affeGted In Ii
substantially adverse manner because:
soaRI GALLERY WILL SHOWCASING PAINTINGS, BRONZR AND ACRYLIC
SCULPTURED WORKS BY LEADING AMERICAN AND INTERNATIONAL ARTISTS.,
3. me strict application of the terms of the Zoning Ordinance to the property will result In practlcaJ c:llfficulties in the
use of the property because: " ,
15 x 14 FT. SPACE IS VERY SMALL TO BB A SHOW ROOM FOR
SOORI GALLERY.
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DECI~19rJ
IT 1$ THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that DevelOpment Standard$ Variance
Docket No. Is granted, subject to any CQndltlons stated in the mil'lutes of this
Board, which are Incorporated nerein by reference and made a part hereof. '
Adoptec3 tnls
day of
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CHAIRPERSON, CarmeVCIay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions 01 the Board are listed on ttle bacl<. (Petltloner or his representative to sign).
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Sponsor: Councilor Rattermann
ORDINANCE NO. Z462-04 - -( e'f.t BI'(' t ')
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISmNG THE
MON~OI~L& MAIN ~
PLANNED UNIT DEvELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements off.C. ~ 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Monon & Main Ordinance")
which establishes the Monon & Main Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts this
Monon & Main Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall
be in full force and effect from and after its passage, (ii) all prior commitments shall be null and
void and replaced and superseded by this Monon & Main Ordinance, and (iii) this Monon &
Main Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
Section 1 Anolicabilitv of Ordinance
1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the
Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described
in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be
known as Monon & Main.
1.2. Development in the District shall be governed entirely by (i) the provisions of this
Monon & Main Ordinance and its exhibits, and (ii) those provisions of the
Carmel/Clay Zoning Ordinance specifically referenced in this Monon & Main
Ordinance. In the event of a conflict between this Monon & Main Ordinance and
the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this
Monon & Main Ordinance shall apply.
1.3. Any capitalized term not defined herein shall have the meaning as set forth in the
Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Monon & Main Ordinance.
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19. Dwelling. A room or combination of rooms which may be designed for year-round
habitation, containing a bathroom and kitchen facilities, which may be designed for
and/or used as a permanent residence by at least one person. See also "Attached
Dwelling" and "LivelW ork Dwelling."
20. Facade. A building face or wall.
21. Floor. See definition of Story.
22. Material Alteration: Any change to an approved plan of any type that involves the
substitution of one material, species, element, etc. for another.
23. Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (10%) of the plan's total area or approved
materials.
24. Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan or on a plan or drawing submitted to the Department.
25. Landscaping. Trees, shrubs, hedges, flowers ground covers grasses, other plant
materials and associated structures and improvements.
26. LivelWork Dwelling. A type of Attached Dwelling in which the uses permitted in
the Primary Area are permitted in the LivelWork Dwelling pursuant to Section 2 of
this Ordinance. The first.floor,f!i1mf any LivelWork Dwelling may be utilized
for the non-residential uses pursuanno Section 2 of this Ordinance.
27. Marketing Sign. A temporary sign which advertises the sale, rental or development
of the premises upon which it is located.
28. Mixed Use. The combination of both commercial and residential uses within a
single building of two or more stories.
29. Modification. A change to the Development Requirements approved pursuant to
Section 13.
30. Open Space. A land surface within the Development intended to enhance the use
and enjoyment of residents of the Development, where designated, the community
at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may
be included in the required area calculations.
31. Owners' Association. An Indiana nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of Monon & Main, and
to manage, maintain, and repair the common areas within the Real Estate and any
improvements located thereon.
32. Pilaster. A column partially embedded in a wall.
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(.)
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G. Retractable or fixed fabric awnings are allowed, but these shall fit within
the storefront glass area and may not obscure details of the building.
Awnings may only be supported with building-mounted hardware.
H. Individual tenants should strive for a unique graphic image, rather than be
required to conform to a single graphic style for the whole building.
I. Portable signs or displays of merchandise within the street right-of-way,
sidewalk or the front setback of the building shall not be allowed.
J. Graphics painted on the sides of buildings that are essentially commercial
in character or describe activities in the adjacent building shall be
considered "signs". Graphics painted on the sides of buildings are
otherwise permitted but shall be reviewed for conformance with this
regulation.
2.13. Parking and Loading Reauirements.
A. Parking lots shall be located in the rear of the building only.
B. Any Townhome located in the Primary Area shall contain a minimum of a
twO' (2) car garage: Any LiveIWork Dwelling lo,c;at~ in a Primary juea
shall contain a minimum of a two (2) car garage. Additional parking for
the LiveIWork Dwellings shall be provided for by inclusion of twenty four
(24) on-street parking spaces, as is depicted on the Development Plan.
C. On-street parking may be used to fulfill parking requirements.
D. Parking requirements may be reduced if businesses with substantially
different peak hour requirements agree to share parking. A petition shall
be filed with the application indicating the terms of agreement of parties to
a shared parking arrangement.
E. While existing curb cuts may be maintained, no new curb cuts are allowed
on Main Street, and no parking lots or loading areas may front on Main
Street.
F. Screened loading and trash areas shall be provided for all businesses at the
rear of the building.
Section 3 Permitted Uses and Development Reauirements for Secondsrv Area. This
Secondary Area will balance the pedestrian commercial activity in the Old Town District with
multi-family residences. All new construction, alterations and additions to buildings located in
the Secondary Area shall occur according to the following guidelines:
3.1. Use. Permitted Uses in the Secondary Area include:
A. Multi-family residential uses. including Attached Dwellings
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FROM :
FAX NO. :
1 ~ 10 2006 11:35AM P5
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