HomeMy WebLinkAboutApplication
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I have updated the file. I have contacted the petitioner and issued the necessary Docket Number
for (V) West Carmel Shoppes - Signage. It will be the following:
Docket No. 06120007 V
Docket No. 06120008 V
Docket No. 06120009 V
Total Fee:
$1,016.00
$481.00
$481.00
$1,978.00
West Carmel Shoppes - Signage
The applicant seeks the following development standards variance approval:
Docket No. 06120007 V Section 25.07 Sign Chart B sign height
Docket No. 06120008 V Section 25.07.01.04 off-premise sign
Docket No. 06120009 V 25.07.01.08,25.07.02.09 number of signs
The site is located at southeast corner of 106th St and US 421 is zoned B-3/Business and within
the US 421 Overlay.
Filed by Paul Reis of Bose McKinney & Evans, LLP
Petitioner, please note the following:
1. Note: This Item is not required to be on an agenda of the Technical Advisory
Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, Dec. 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, Jan. 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 January 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.
Mr. Reis can be contacted at 317-684-5369 (phone), 317-223-0369 (fax), or email:
PReis@boselaw.com
Department's Review Comments: petitioner. please complete the followina:
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.) 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.
David Littlejohn
Planning & Zoning
City of Carmel, DOCS
One Civic Sq.
QTY OF CARMEL - CLAY TOWNSH9
HAMIL TON COUNTY, INDIANA
AMENDED APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
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 of the ordinance
being varied. OR see Hearing Officer Fees
DOCKET NO. 06120007-9V
DATE RECEIVED:
1) Applicant: Lawndale Plaza LLC & Chester Avenue Limited Partnership
Address:
c/o Paul G. Reis. Bose McKinney & Evans LLP
301 Pennsylvania Parkway. Suite 300. Indianapolis. Indiana 46280
2)
Project Name: West Carmel Shoppes Ground Sign
Phone: N/A
Engineer/Architect: N/ A
Phone: N/ A
Attorney: Paul G. Reis
Phone: 317-684-5369
3) Applicant's Status: (Check the appropriate response)
(a) The applicants name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Adjacent property owner.
4) IfItem 3) (c) is checked, please complete the following:
Owner of the property involved: Glendale Partners West Carmel Outlots LLC
Owner's address: c/o Paul G. Reis
Phone: 317-684-5369
5) Record of Ownership:
Deed Book No/instrument No. 9972976
Page: N/A Purchase date: December 21. 1999
6) Common address of the property involved: 10595 Michigan Road
Legal description: (See attached description.)
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7)
State explanation of requeQ Development Standards V ariance: (S~ 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).
Section 25.07 Sign Chart B to allow a 10' tall ground sign (maximum 6' vermitted).
Section 25.07.01-04 to allow the sign to advertise tenants that are located on the adiacent property.
Section 25.07.02.08 to allow an additional sign which will function as an integrated center sign.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Development Standards Variance").
The variances will allow for a single ground sign to provide identification for tenants located on
adiacent parcels.
9) Present zoning of the property (give exact classification): B-3/US 421 Corridor
10) Size of lot/parcel in question: 1.973 acres
11) Present use of the property: Commercial (Walgreens)
12) Describe the proposed use of the property: Ground identification sign for West Carmel Shoppes
13) Is the property: Owner occupied:
Renter occupied:-L
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.
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?
As soon as weather permits.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which
this application has been filed?
Both the owner and the petitioner.
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDA TORY 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:
I)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 A T 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.
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ADJACENT PROPERTY OWNERS 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 on 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 of the
property described herewith.
OWNER
ADDRESS
(To be filed when received)
Auditor of Hamilton County, Indiana-Signature
Date
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AFFIDA VIT
I, hereby swear that I am the attorney for the owner of the adjacent 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:
P
12/19/06
Date
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally
appeared Paul G. Reis, who acknowledged the execution of the foregoing instrument this 19th
day of December, 2006.
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N6tary Public
Steven B. Granner
Printed Signature
My commission expires:
10/23/08
Resident of Marion County, Indiana
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C:\lETernp\Temporary Internet Fi1U799\IN20010197 SV 2006-12-06 DES WALGREENS.Q
LAND DESCRIPTION
Parcel I
A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located
in Clay Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township
17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed
bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00
feet (measured perpendicularly in a southerly direction) from the North Line of said
Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet
parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth
(17th) course in the description of the 3.709 acre tract of land described in the SPECIAL
WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder
of Hamilton County, Indiana, the following four (4) courses are along the boundary of
said 3.709 acre tract ofland; 1) thence South 45 degrees 40 minutes 18 seconds East
35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the
point of curvature of a curve to the left, said point of curvature being South 89 degrees 33
minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence
southerly and southeasterly 242.81 feet along said curve to its point of tangency, said
point oftangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from
the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East
77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet; thence
North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41
minutes 05 seconds West 350.97 feet to the POINT OF BEGINNING of this
description; thence North 16 degrees 41 minutes 05 seconds West 23.26 feet to the point
of curvature of curve to the left, said point of curvature being North 73 degrees 18
minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence
northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North
69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence
North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to
the right, said point of curvature being South 69 degrees 02
minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly
17.50 feet along said curve to its point of tangency, said point of tangency being South 89
degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve;
thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00
feet (measured perpendicularly in a southerly direction) from the North Line of said
Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet
parallel with the North Line of said Northwest Quarter to the currently proposed (APR
1999) eastern right-of-way line ofDS 421 (Michigan Road), the following two (2)
courses are along the currently proposed eastern right-of-way line ofDS 421 (Michigan
Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence
South 20 degrees 57 minutes 18 seconds East 329.88 feet; thence North 69 degrees 02
minutes 43 seconds East 89.51 feet; thence North 20 degrees 57 minutes 17 seconds West
14.50 feet to a point being South 69 degrees 02 minutes 43 seconds West of the point of
beginning; thence North 69 degrees 02 minutes 43 seconds East 162.97 feet to the
POINT OF BEGINNING containing 1.973 acres, more or less.
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Qy OF CARMEL _ CLAY TOWNSHP . ~., ",:>t.0-"oo.: I I<e~. otiC, IN/\'\.-
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HAMILTON COUNTY, INDIANA l~';; 2;1' . ,/ ;J\
APPLICATION FOR BOARD OF ZONING APPEALS 1~t6~ {J~E~;fVE? 1;\,
DEVELOPMENT STANDARDS VARIANCE REoufs} DOCS!-}:
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Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for~e~ch.ad,ditio!1al section
ofthe 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. . f)~/Z/)DD7,1J1.n.(J"I?B, IJ&.ZIHII DATE RECEIVED:
1) Applicant: Lawndale Plaza LLC & Chester Avenue Limited Partnership
Address:
c/o Paul G. Reis. Bose McKinney & Evans LLP
301 Pennsylvania Parkway. Suite 300. Indianapolis. Indiana 46280
2)
Project Name: West Carmel Shoppes Ground Sign
Phone: N/ A
Engineer/Architect: N/ A
Phone: N/ A
Attorney: Paul G. Reis
Phone: 317-684-5369
3) Applicant's Status: (Check the appropriate response)
(a) The applicants name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Adjacent property owner.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Glendale Partners West Carmel Outlots LLC
Owner's address: c/o Paul G. Reis
Phone: 317-684-5369
5) Record of Ownership:
Deed Book No/instrument No. 9972976
Page: N/ A Purchase date: December 21. 1999
6) Common address of the property involved:
Legal description: (See attached description.)
Tax Map Parcel No.: 17-13-07-00-12-001.000
7)
State explanation OfreqUeS~eVelopment Standards Variance: (St~what you want to do and cite the
section number(s) ofthe Carmel/Clay Zoning Ordinance that applies and/or creates the need for this
request).
Section 25.07.02-08 to allow a 10' tall ground sign (maximum 6' permitted). Section 25.07.01-04 to
allow the sign to advertise tenants that are located on the adjacent property.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact- Development Standards Variance").
The variances will allow for a single trround sign to provide identification for tenants located on
adiacent parcels.
9) Present zoning ofthe property (give exact classification): B-3/US 421 Corridor
10) Size oflot/parcel in question: 1.973 acres
11) Present use of the property: Commercial (Walgreens)
12) Describe the proposed use of the property: Ground identification sign for West Carmel Shoppes
13) Is the property: Owner occupied:
Renter occupied:----X-
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.
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: Nt A
16) If proposed appeal is granted, when will the work commence?
As soon as weather permits.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which
this application has been filed?
Both the owner and the petitioner.
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 assigned until all supporting information has been submitted to the
Department of Community Services.
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ADJACENT PROPERTY OWNERS 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 on appropriate subdivision and zoning ordinance and/or the legal advice of
hislher 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
(To be filed when received)
Auditor of Hamilton County, Indiana-Signature
Date
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AFFIDAVIT
I, hereby swear that I am the attorney for petitioner, as authorized by the owner of the 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.
12/07/06
Date
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON)
Before me the undersigned, a Notary Public for Hamilton County,
State of Indiana, personally appeared Paul G. Reis, who acknowledged the execution of the
foregoing instrument this 7th day of December, 2006.
/ka. L
Notary Public '
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Steven B. Granner
Printed Signature
My commission expires: 10/23/08
Resident of Marion County, Indiana
C:\IETemp\Temporary Internet FilesU799\IN20010197 SV 2006-12-06 DES WALGREENSodQ
LAND DESCRIPTION
Parcel I
A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located
in Clay Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Corner of the Northwest Quarter of Section 7, Township
17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed
bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00
feet (measured perpendicularly in a southerly direction) from the North Line of said
Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet
parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth
(17th) course in the description of the 3.709 acre tract of land described in the SPECIAL
WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder
of Hamilton County, Indiana, the following four (4) courses are along the boundary of
said 3.709 acre tract ofland; 1) thence South 45 degrees 40 minutes 18 seconds East
35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the
point of curvature of a curve to the left, said point of curvature being South 89 degrees 33
minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence
southerly and southeasterly 242.81 feet along said curve to its point of tangency, said
point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from
the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East
77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet; thence
North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41
minutes 05 seconds West 350.97 feet to the POINT OF BEGINNING of this
description; thence North 16 degrees 41 minutes 05 seconds West 23.26 feet to the point
of curvature of curve to the left, said point of curvature being North 73 degrees 18
minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence
northerly 74.53 feet along said curve to its point oftangency, said point of tangency being North
69 degrees 02 minutes 43 seconds East 1,000.00 feet from the radius point of said curve; thence
North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature ofa curve to
the right, said point of curvature being South 69 degrees 02
minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly
17.50 feet along said curve to its point of tangency, said point of tangency being South 89
degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve;
thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00
feet (measured perpendicularly in a southerly direction) from the North Line of said
Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet
parallel with the North Line of said Northwest Quarter to the currently proposed (APR
1999) eastern right-of-way line of US 421 (Michigan Road), the following two (2)
courses are along the currently proposed eastern right-of-way line of US 421 (Michigan
Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence
South 20 degrees 57 minutes 18 seconds East 329.88 feet; thence North 69 degrees 02
minutes 43 seconds East 89.51 feet; thence North 20 degrees 57 minutes 17 seconds West
14.50 feet to a point being South 69 degrees 02 minutes 43 seconds West ofthe point of
beginning; thence North 69 degrees 02 minutes 43 seconds East 162.97 feet to the
POINT OF BEGINNING containing 1.973 acres, more or less.
- 1 -
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(317) 876-7900 (317) 802-5670
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SPECIFICATIONS:
1. TO FABRICATE AND INSTALL (1) DOUBLE FACED
ILLUMINATED PYLON SIGN.
2. SIZE AND STYLE AS SHOWN.
3. PAINT COLORS TBD.
4. THE TOPPER WILL BE PRIMED AND FINISHED
TO CLOSELY MATCH THE BEIGE TEXTURED
EFIS COLOR OF THE CENTER.
5. THE SMALLER COpy "WEST CARMEL SHOPPES"
WILL BE FABRICATED FROM 3/4" PVC, COLOR BLACK.
6. TENANT PANEL FACES WILL BE MFG FROM 1/4" FLAT
WHITE LEXAN IN (1) PIECE. ALL COpy TO BE BLACK.
7.WEWILL INSTALL THE FOUNDATION,SETTHE POLES
AND ALL CABINETS.
8.ATTHETIME OF INSTALLAON, WE WILL CONNECT
THE ELECTRICAL IF POWER IS WITHIN S'OF BASE.
9.ALL MASONARYWORKWILL BE PERFORMED BY OTHERS.
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4725 W. 106th St. Zionsville. IN 46077
PHONE: 317-876-7900
FAX: 317-802-5670
www.asignbydesign.com
EMAIL: sbd@asignbydesign.com
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WEST CARMEL SHOPPES
NEBO BIKES PRUDENTIAL
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THIS DRAWING IS THE SOLE PROPERTY OF A SIGN BY DESIGN. INC. AND IS NOT TO BE REPRODUCED OR RE.DISTRIBUTED BY OR TO A THIRD PARTY