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Conn, Angelina V
Sent:
To:
Cc:
From: Conn, Angelina V
Tuesday, February 21,20065:20 PM
Tingley, Connie S
Morrissey, Phyllis G; 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; 'Indydrow@aol.com'; 'Larry
Kemper'
Subject: Docket No. Assignment: (V) Stonegate Apartments off-premise sign (#06020018 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V)
Stonegate Apartments off-premise sign. It will be the following:
Docket No. 06020018 V $1,016.00
Total Fee: $1,016.00
Stonegate Apartments off-premise sign
The applicant seeks approval for the following development standards Variance:
Docket No. 06020018 V ZO Chapter 25.07.01-04 off-premise sign in road right of way
The site is located north of Meadow Lane & Main Street and is zoned R-4/Residence.
Filed by Larry Kemper of Nelson & Frankenberger.
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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 Thursday, March 2.
Published notice is required within the Indianapolis Star. Note: the Regular BZA meeting will begin
at 6 pm in the Council Chambers.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday,
March 24, 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, March 17,2006. Failure to submit Informational Packets
by this time will result in the automatic tabling of the petition to the April 24, 2006 agenda of the BZA.
5. This Item will appear on the March 27, 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. Kemper can be contacted at 844-0106 (phone), 846-8782 (fax) or email: larr:y~NF-LAW.COM .
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 showllabel the road right of way. The Engineering Dept. (571-2441) can tell you the distance
from the center of the road.
3.). Provide a copy of the official adjacent property list from the Hamilton County Auditor.
4.) Provide a filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application).
5.) A Consent to Encroach (in the road right of way) approval will be needed from the Board of Public
Works (contact the City Engineer Dept at 571-2441).
2/21/2006
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6.) Provide a site plan of the development that shows the sign location.
7.) Provide proposed sign details and landscaping as required by the sign ordinance.
Thank you,
Angie
2/21/2006
Page 2 of2
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTIO
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FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for ea
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 see Hearing Officer Fees
DOCKET NO. O~O~CD\ 6 \I
DEVELOPMENT STANDARDS VARIANCE REQUEST
DATE RECEIVED:
1)
Applicant:
Stoneaate Renaissance. LLC
Address:
1030 N. Colleae Avenue. Indianaoolis. IN 46202
2)
Project Name: Stoneaate Aoartments
Phone (317)684-7305
Engineer/Architect:
Phone:
Attorney:
Lawrence J. Kemoer
Phone:
(317) 844-0106
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3)
Applicant's Status: (Check the appropriate response)
----L (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:
Owner of the property involved:
Owner's address:
Phone
5) Record of Ownership:
Deed Book No.llnstrument No. 2003106253
Page:
Purchase date: October 10.2003
6) Common address of the property involved: 420 Lark Drive. Carmel. IN 46032
Legal description:
See Exhibit "1" attached
Tax Map Parcel No.:
See Exhibit "2" attached
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 A.
the need for this request). '2. 5 .01.0 \ -04 : fl(
We are reauestina this develoomental standards variance from Section 25.07.01-04 of the Sian L
Ordinance to oermit the reolacement of an off-oremise sian that has existed in the same location
for several vears.
Page 1 of 8- z:lshared\formsIBZA applicationsl Development Standards Variance Application rev. 0110312006
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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").
See Exhibit "3" attached
9) Present zoning of the property (give exact classification): R-4
10)
11)
12)
Size of lot/parcel in question
less than 1 acre
acres
Present use of the property:
median
Describe the proposed use of the property:
on Meadow Lane
off premises sian located in median riaht of wav
13) Is the property: Owner occupied
Renter occupied
Other median in riaht of wav
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.
N/A
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
Immediatelv
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
Aoolicant
NOTE: LEGAL NOTICE shall be published in the IndianaDolis 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 lWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all SUDDortina information has been submitted to
the DeDartment of Community Services.
Page 2 of 8- z:lsharedlformslBZA applicationsl 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 By:
, or Power of Attorney) Date
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(CountY.. in which notarization takes place)
for ~ County, State of Indiana, personally appeared
(Notary Public's county of residence)
Jtylut T W tLf5tJ Y1 and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
c2~ dayof .JA~ .20 Oft;
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Page 4 of 8- z:lshared\formsIBZA applicationsl Development Standards Variance Application rev. 01/0312006
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STONEGA TE LEGAL DESCRIPTION
LOTS NUMBERED 56,57,58,59,60,61,62, AND 63 IN CARMEL HILLS THIRD
SECTION, AN ADDITION IN HAMIL TION COUNTY, INDIANA AS PER PLAT
THEREOF, RECORDED IN PLAT BOOK 3, PAGE 143, IN THE OFFICE OF THE
RECORDER OF HAMIL TON COUNTY INDIANA.
ALSO
LOTS 64 TO 76 BOTH INCLUSIVE IN CARMEL HILLS FOURTH SECTION
REPLA T, AND ADDITION IN HAMIL TON COUNTY, INDIANA AS PER PLAT
THEREOF, RECORDED IN PLAT BOOK 5, PAGE 181, IN THE OFFICE DC THE
RECORDER OF HAMIL TON COUNTY, INDIANA.
SECURITY TITLE
DEED INSTUMENT #: 2003106253
RECORDED: 10/10/2003
EXHIBIT
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Exhibit "2"
16-09-25-02-04-001.000
16-09-25-02-04-002.000
16-09-25-02-04-003.000
16-09-25-02-04-004.000
16-09-25-02-04-005.000
16-09-25-02-04-006.000
16-09-25-02-04-007.000
16-09-25-02-04-008.000
16-09-25-02-04-009.000
16-09-25-02-04-0010.000
16-09-25-02-04-0011.000
16-09-25-02-04-0012.000
16-09-25-02-01-001.000
16-09-25-02-01-002.000
16-09-25-02-02-001.000
16-09-25-02-03-001.000
16-09-25-02-03-002.000
\ \Q 0 <:[2) 020 ~02 3.000
llo 0 q L -S- 0 L 0 I 0 L~. 000
H: \brad\Stonegate\Exhi bit.2 .doc
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EXHIBIT "3"
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: (i) the proposed sign replaces a prior, nonconforming use
under the Ordinance, (ii) the proposed sign is of a type common in the area, and (iii) the proposed
sign provides a benefit to the public as it helps identify the location and the existence of the
Stonegate Apartments.
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 variance (i) will not change the use of the
subject real estate as the use is pre-existing, (ii) will permit a sign that is similar to other signs
located in the adjacent areas and (iii) it is an attractive and updated replacement for a sign that
previously existed.
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, absent the grant of the variance requested, there
will be a negative impact on the general public's ability to locate the the Stonegate Apartments
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subjeGt 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).
H:\brad\Stonegate\Application Zoning Appeals Action - Development Standards Variance Request.doc
Page 8 of 8- z:\sharedlforms\BZA applicationsl Development Standards Variance Application rev. 0110312006
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Intersection of Meadow Lane & West Main Street - off-premise sign at Stone Gate Apartments
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