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HomeMy WebLinkAboutPacket CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana liS ~." 4141' V17J1tIJ IJ. '; 2001 VCS Docket No.: 07040011 V and 07040012 V Petitioner: Aztec Partners, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF ,20 Board Member Page 7 of 8 - z:\shared\forms\BZA applications\ Developmenf Standards Variance Applicafion rev 12/29/2006 Docket No.: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA 07040011 V and 07040012 V Petitioner: Aztec Partners, LLC 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: the requested window signs have no affect on public health or morals, and may add to the general welfare of the community by increasing pedestrian traffic. Increased pedestrian traffic generally translates to additional customer counts not only for the applicant, but for the Merchants Square area as a whole. 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: granting the variance allowing the use of the protected Trade Dress window signs does not alter the character of the surrounding retail environment, therefore has no adverse impact on the use and value of the surrounding retail properties. 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: replacing the marketing value of the requested Trade Dress signage would be a pratical difficulity due to the significant finincial cost associated with replacement by media adVertising. The loss of revenue from the strict application of the Ordinance would place an unneccessary hardship on the applicant by creating an adverse impact on the use and value of the property to the applicant. 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:lsharedllormslBZA appllcationsl Development Standards Variance Application rev. 12/29/2006 CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each additional section of the ordinance being varied. All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO. 07040011 V and 07040012 V 1) Applicant: Aztec Partners, LLC Address: 9535 E. 59th St Suite A-1 Indianapolis, IN 46216 DATE RECEIVED: 2) Project Name: Qdoba Mexican Grill Phone: 634-2794 Engineer/Architect: Phone: Attorney: Phone: 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 XX (c) Other: The applicant is leasee of the property 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Merchants 450, LLC Owner's address: PO Box 4900 Dept 365 Scottsdale, AZ 85261 Phone: 5) Record of Ownership: Deed Book No.llnstrument No. 2007-4670 Page: Purchase date: 6) Common address of the property involved: Merchants Square 2328 E. 116th St Legal description: Ma Number 103100 Property number 16-10-31-00-00-013.000 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). Retain the three illuminated window signs per corporate trade dress, where one illuminated window sign is ::IlInwp.n rp.r Sp.ctinn ?~ 07 O?-1? R Rp.t::lin thp. 11!,;P. nf thp. "A" fr::lmp. hrp.::Ikf::l!';t !';ign nl Iring hrp.::Ikf::l!';t hnllr!'; Page 1 of 8 - z:\shared\lorms\BZA applications\ Development Standards Variance Application rev. 12/29/2006 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Approval of the variance will not be injurious to public health. safety, morals, or the general welfare of the community. The use and value of the property will not be affected in a negative manner. The strict application of the Ordinance would constitute an unneccessary hardship the applicant 9) Present zoning of the property (give exact classification): B-8 10) Size of 10Vparcel in question: 9.25 acres total development! applicant space is approximately 2400 sq.ft acres 11) Present use of the property: Restaurant 12) Describe the proposed use of the property: Restaurant 13) Is the property: Owner occupied Renter occupied Other lea see occupied 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 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? applicant 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 recom mended: 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 assiqned until all supportinq information has been submitted to the Department of Community Services. Page" 2 of 8 - z:\shared\forms\BZA applicalions\ Development Slandards Variance Application rev. 12/29/2006 AFFIDAVIT j) I, being duly sworn depose and say that the foregoing sig atu esls.Jte the information herewith submitted are in all respects true and orr ct to 1he undersigned, authorize the applicant to act on my behalf with re ar to 'is a testimony. Signed: ents and answers herein contained and est of my knowledge and belief. ',the ication and subsequent hearings and I STATE OF INDIANA SS: Countyof Before me the undersigned, a Notary Public (Count 'n which notarization take place) io~ ~~~nty of residence) (Property er, ttorney, or Power of Attorney) instrument this e /2 ~ day of County, State of Indiana, personally appeared and acknowledge the execution of the foregoing (SEAL) ...J ;<Q() ,2007 BZA Appeal Application - pg 4 rev, 12/29/2006 1 Mile radius 3 Mile radius 5 Mile radius , I I -I i I ~ ~ 3 I i ~ I l ~ a I I I I j ~ ~ ~ ~ \!l Hl --I MARKET DEMOGRAPHICS Population .::m .. Income Households 8,450 58,974 140,666 $98,862 $97,039 $99,622 ) AChaiIll~iJlk}iCompany RETAIL ADVISORS . ,A.I>A WAY DI<lVE 3,199 22,194 53,352 ~ DlMfHHJ'~ It ~. 1:::::::::::::j:::::::::::1 I .~~ -< Ul IIIUlllilJllliIU~ .' , --I lTTTTTTTTlTllTT 1111111111 o .Z IJ~ m ___+UWJWJJlJJJl.t!J)~_ i ~: , , -< ~ I 1 i ';1 -, 2~ :'{ -] 1 <1 , ] ~ ,;1 2'-8" 0'-10" 1'-3" 1'-0" WINDOW NEON SIGN: . BACKGROUND TO BE 3/16" BlACK ACRYLIC 'GROUND FAULT TRANSFORMER -MOUNTED ON BACK SIDE OF ACRYLIC PANEL -PULL CHAIN OR IN LINE SWITCH -STANDARD POWER CORD TO PLUG IN WALL '1 3MM NEON -"CACTUS" & "UNDERSCORE' TO BE TROPIC GREEN -"FLOWER" TO BE EGL ROSE -"OPEN" COPY TO BE CLEAR RED -STANDARD TUBE STANDOFFS TO BE USED . CHAIN INSTALlATION -SUSPENDED FROM ABOVE -EXACT LOCATION TO BE DETERMINED BY CUSTOMER o APPROVED AS SUBMITTED ~ dm, o APPROVED WITH CHANGES NOTED ~ '"'^ UNAPPROVED TO BE RESUBMITTED WITH CHANGES NOTED ~ .... NATIONAL ;-IMAGE SOLUTIONS ". ;';'.' . .~;",.,,,..~,", .. .......~ llilS DesiGN WAS CREATED 8Y;AND REMAINS lliE PROPERlY OF NATIONAL IMAGE SOLUTIONS_ rr SHALL NOT 8E COPIED IN PART OR WHOLE WITHOUT OUR WRITTEN PERMISSION_ CUS'I'OMBlt LOCATION ALL LOCATIONS SALEa PERSON DOUG KAUFFMAN SCAlB 3" = l' DBSIGN NO. QDCT-lO01-A r2 103/8" I lj: D APPROVED AS SUBMITTED "Pi. 2'-6" INTERIOR WINDOW NEON SIGN: . 13MM CLEAR RED NEON . MOUNTED ON 3/16" BLACK PLEX 'TRANSFORMER LOCATION TO BE DETERMINED . INSTALL SUSPENDED WITH CHAINS -EXACT LOCATION AND HEIGHT TO BE COORDINATED WITH DOUG KAUFFMAN cb.l6: [] APPROVED WITH CHANGES NOTED '!"d UNAPPROVED TO BE RESUBMITTED WITH CHANGES NOTED "', signed: "" NAtIONAC.IMAGE SOLUTIONS bi.:.ii" IilI II!! #Ir" ;;. --.......' ....""~~... . THIS DESIGN WAS CREATED BY, AND REMAINS THE PRoPERTY OF NATIONAL IMAGE SOLUTIONS. IT SHAll NOT BE COPIED IN PART OR WHOLE WITHOLIT OUR WRITTEN PERMISBION. CUSTOMBR. LOCATION BREAKFAST Q ALL LOCATIONS SALES PERSON DOUG KAUFFMAN SCAUl 3" 1 r DBSIGNNo. FOBR-l001-A T 0'-59/16" 1 2'.7 " i\S D P NA: rr SIWl. NOT BE COPIED IN w.irr DR WHOLE WITHOI1T DUR WRITTEN PERMISSIDN. CUSTOMIlIl LOOATlDN WE CATER SCAm 3" = l' DATB 04112/07 DNS. '~"i;~r~l~:~."'A;}'~iil) . 'if~;E... ..",S"OLU::rIO:NS t,,' li~l~l:'.,:~~'I"""I'~,","", I, '~"J_._~" '~_,,_ / , ',.' ,'~, ~~1.r~_-,~: ~_cr,-::'~:': ',' :::,;:-,.,~;.~~~,- """"1' ,'j" ,:~.~,~_t. - ~- - -- - ,:' ,', ,- ' " ~l1-~:'., ::~~Yl ~_;_* ,': ~,";,_,~~::~i~~~S;-:~Z:::!:'~~::';:;;;'~':~;:~';;<::~ < ~".<:~j . 9ALBS msoN DOUG KAUFFMAN 1lI!SIGN NO WECA.1001.A