HomeMy WebLinkAboutPacket
..
..
'..
..
..
..
Pearson Ford
Docket Numbers
0702 OOOlV, 0702 0002V, 0702 0004V and 0702 OOOBV
..
"
-
-
..
I-
..
..
Filed By:
E. Davis Coots
.. Coots Henke & Wheeler
for Pearson Ford, Inc.
..
..
..
..
~
..
For the Board of Zoning Appeals
March 26, 2007
U
:u
U
U
U
U
U
D
U
D
D
D
U
U
U
U
o
o
D
TABLE OF CONTENTS
1 .
Amended Application for Board of Zoning Appeals Action
2.
Site Plan
3.
Explanation of Developmental Standards Variance
Photo of "Pearson Ford" sign (#1)
Photo of "CAT" and "Cummins" signs (#2)
Photo of "Auto Credit Builders" sign (#4)
I[J
D
U
J
D
[J
D
D
D
D
D
D
U
U
D
IU
D
U
U
0/
D
U
D
[j
U
o
D
D
D
D
o
U
D
o
U
o
o
o
CITY OF CARMEL - CLAY TOWNSHIP
HAMIL TON COUNTY, INDIANA
AMENDED APPLICATION FOR BOARD OF ZONING APPEALS ACT
DEVELOPMENTAL STANDARDS VARIANCE REOUEST
Fee: Single 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 ofthe ordinance
being varied.
OR see Hearing Officer Fees
DOCKET NO.: 0702 OOOIV. 0702 0002V. 0702 0004V and 0702 0008V
DATE RECEIVED:
1) Applicant: "Pearson Ford. Inc.
Address: 10650 N. Michigan Road. Zionsville. IN 46077
2) Project Name: Nottingham Plaza Phone: (317) 873-3333
Engineer/Architect: Balay Architect Phone: (317) 845-9402
Attorney: E. Davis Coots Phone: (317) 844-4693
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) Ifltem 3 (c) is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone:
5) Record of Ownership:
Deed Book No./Instrument No.:
Page: Purchase Date:
6) Common address of the property involved: 10650 N. Michigan Road. Zionsville. IN 46077
Legal Description: See attached
Tax Map Parcel No.: 17-13-06-00-00-029.000
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 that applies and/or
creates the need for this request). 0001 V - 25.07.02.09 e - sign location on North wall;
u.
o
u
.~ ]
u
o
o
o
o
U
D
o
D
U
D
D
U
U
U
ID
0002V - 25.07.02.09 b - number of signs per tenant space: 0004V - Chapter 3.07 - definition
onogo: 0008V - Sign Ch~ B - size~ofsign on East wall. Also. see attached sheet.
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact-Developmental Standards Variance").
Multiple businesses exist within the Pearson Ford Dealership that need identification.
9) Present zoning of the property (give exact classification): B-3
1 0) Size of lot/parcel in question: 30 acres
11) Present use of the property: Pearson Ford Dealership
12.) Describe the proposed use of the property: Same.
13) Is the property: Owner occupied: Yes
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. None.
15) Has work for which this application is being filed already started? If answer is yes, give
details:
Building Permit Number: N/ A
Builder:
16) If proposed appeal is granted, when will the work commence? After permits are issued.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement
for which this application has been filed? The owner.
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:
2
u.
u
u
u
u
o
o
u
U
D
U
U
U
U
o
U
U
o
10
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 assigned until all supporting information
has been submitted to the Department of Community Services.
M:\EDCIPEARSON FORD\2nd Amended BZA variance requeSl.wpd
3
u.
u
u
u
u
o
o
U
D
U
U
D
U
U
U
U
U
U
o
AFFIDAVIT
I hereby swear that I am ta.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.
Date: -:r.J,~ I~, 2<<1
of
&:-. p;:?rlJ S' D// 0 -r 5
(Printed Name)
STATE OF INDIANA
. SS:
COUNTY OF t\-Aro I L TCf'->
Before me the undersigned, a Notary Public for }\t\rn I LTDf"-J County, State of
Indiana, personally appeared e . CAv is c...Q)TS and acknowledged the execution of
the foregoing instrument this _\0 day of _P'Ef::/2-uIJf2-"t , 20D, .
~. ~/?t ~..
~re~..'
ck r\ l t-u- ~ ~ Leu lLX\
Notary Public, Printed Name
My Commission Expires: JI--zq /04
D.
U
U
U
U
D
U
o
U
U
U
U
U
U
U
U
D
U
o
EXPLANATION OF DEVELOPMENTAL ST ANDARDS VARIANCE
(With Regard to Question #70f Application)
The signs requiring a variance are:
1. 07020001 V "Pearson Ford" (presently located on the South elevation) 250 feet of
building frontage 300 feet from Nottingham Drive. Permits a sign equal to 105
square feet. The requested sign is 85 square feet.
2. 0702 0002V "CAT" and "Cummins" will replace the "Parts" sign presently located
on the East wall. As a multi-tenant building, each tenant is entitled to one sign. The
tenant in the "CAT" and "Cummins" portion of the building seeks two signs to
identify the business being conducted in the tenant's space.
3. 07020004V The "CAT" sign and the "Cummins" sign exceed the 25% of sign
space for a logo requirement of the ordinance.
4. 0702 0008V "Auto Credit Builders" on East wall of southernmost building. The
sign will be placed on tenant space with 90 feet of frontage 72 feet from ROW. The
Sign Chart permits 40 square feet. The request is for 51.5 square feet. (The sign
being replaced, "Truck Center," is smaller than the requested sign.)
(1
W.
o
U
U
U
D
U
U
U
U
U
U
U
o
U
Adjacent Properties List
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 upon appropriate subdivision and zoning ordinance and/or the legal advice of his /her
attorney.
I, , Auditor of Hamilton County, Indiana, certify that the
attached affidavit is a true and complete listing of the adjoining and adjacent property owners ofthe
property described herewith.
Owner
Address
D
o
o
10
I
Auditor of Hamilton County, Indiana
Date
u.
o
u
u
o
D
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Docket No.:
Notice is hereby given that the Cannel/Clay Board of Zoning Appeals meeting on the
day of , 20_, at p.m. in the City Council
Chambers, One Civic Square, Cannel, Indiana 46032 will hold a Public Hearing upon a
Development Standards Variance application to
r \
~
u
o
o
u
o
[J
u
u
o
o
o
o
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or
verbally, will be given an opportunity to be heard at the above-mentioned time and place.
PETITIONER
u.
o
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
u
I (WE) DO HEREBY CERTIFY THAT
NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING
APPEALS CONSIDERING DOCKET NUMBER WAS
REGISTERED AND MAILED AT LEAST TWENTY-FIVE (25)* DAYS PRIOR TO THE DATE
OF THE PUBLIC HEARING TO THE BELOW LISTED OF ADJACENT PROPERTY OWNERS:
I-I
l.J
Owner
Address
rl
W
W
o
D
o
o
o
[J
u
u
o
o
o
o
o
The undersigned swears that the above information is in all respects true and correct to the
best of my knowledge and belief.
Petitioner
STATE OF INDIANA
SS:
COUNTY OF
Before me the undersigned, a Notary Public for
Indiana, personally appeared
County, State of
and acknowledged the execution of
the foregoing instrument this
day of
,20_.
Notary Public, Signature
Notary Public, Printed Name
.'
My Commission Expires:
* 10 day notice for BZA Hearing Officer Meeting
u.
o
o
u
U
D
o
D
o
U
U
o
U
o
D
o
U
o
o
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: Petitioner: Pearson Ford, Inc.
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 requested signs are necessary to identify the
separate services/businesses that are conducted on site.
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 requested signs are contemporary with
the area and will be submitted to the Plan Commission as a part of the ADLS review.
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 public will not know where the
services provided are located. The services/businesses will not have adequate identification
to inform customers of specific location.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket Number 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.)
w'
^
u
o
u
U
D
U
U
D
o
U
U
o
o
o
o
o
o
o
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: Pearson Ford. Inc.
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (BaUot Sheet)
1.
2.
3.
DATED THIS
DAY OF
,20
Board Member
u
u
u
'U
o
U
IU
U
o
U
I
U
U
U
U
U
D
U
o
D
-WELCO'
DIRECllC
r
G
G
G
\,
G
G
.A~
~i "=-w-l
~- T T T
'-8- HIGH
MONUMENT SIGN
MR-36lH SlREET
FO
w~.w
w
w
T T
T
T
T
T
T
J
J
J
o
o
o
o
o
o
L1
o
o
o
u
o
o
\J
D.
D
o
o
o
o
o
o
10
o
D
o
o
o
o
D
ID
D
o
EXPLANATION OF DEVELOPMENT AL STANDARDS VARIANCE
(With Regard to Question #701 Application)
The signs requiring a variance are:
1. 07020001 V "Pearson Ford" (presently located on the South elevation) 250 feet of
building frontage 300 feet from Nottingham Drive. Permits a sign equal to 105
square feet. The requested sign is 85 square feet.
2. 07020002V "CAT" and "Cummins" will replace the "Parts" sign presently located
on the East wall. As a multi-tenant building, each tenant is entitled to one sign. The
tenant in the "CAT" and "Cummins" portion of the building seeks two signs to
identify the business being conducted in the tenant's space.
3. 07020004V The "CAT" sign and the "Cummins" sign exceed the 25% of sign
space for a logo requirement of the ordinance.
4. 0702 0008V "Auto Credit Builders" on East wall of southernmost building. The
sign will be placed on tenant space with 90 feet of frontage 72 feet from ROW. The
Sign Chart permits 40 square feet. The request is for 51.5 square feet. (The sign
being replaced, "Truck Center," is smaller than the requested sign.)
10
U
iJ
'0
U
I
I
Q
U
u
u
~
~
IJ
IU
!o
10
!D
IU
I
o
I
(:;
en
M
V
~
\!)
.
v
00
r--.
.......
r--.
~
r"'I
-
Ii:
o
M
~
\!)
.
V
00
r--.
-
r--.
....
M
W ;;
o M
- 0
en *
.r:. ~..
I ..... .!!!
'- 0
o g.
Z ~
c:
-
...
~
QJ
QJ
L-
..
III
>-
.c
Cii
.J;
III
.J;
..
::J
o
III
r--.
lI'I
co
~
I
.\_-
~
~
~
D
~
~
D
~
D
~
~
o
::
co
v
[
U L _ J~ L.J I::] I::J II:::J I::J I::=J -=:J IIC:J
~ --
c::! ICJ
11::=I I::=J E::J
II::]
I::J E::J
82'
3/32"=1 '
NORTH EAST SIDE
1857 South Shelby Street, Indianapolis, IN 46203 V:(317) 784-6120 F:(317) 784-6142