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U CITY OF CARMEL - CLAY TOWNSHIU
HAMILTON COUNTY, INDIANA
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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. () 9t!J 5 /)t:J Z41 1/ S 1/
DATE RECEIVED:
Mav 11.2007
1)
Applicant:
Kite Grevhound. LLC
30 S. Meridian Street. Suite 1100. Indianaoolis. IN 46204
Address:
2)
Project Name:
Grevhound Commons Ground Sianaae
Phone:
N/A
Engineer/Architect:
N/A
Phone:
N/A
Attorney: Paul G. Reis. Bose McKinney & Evans LLP Phone: (317) 684-5369
301 Pennsylvania Parkway. Suite 300. Indianaoolis. IN 46280
3) Applicant's Status: (Check the appropriate response)
X (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.
2002-40040
Page:
Purchase date:
6/4/2002
6)
Common address of the property involved:
Southwest corner of Lowe's Way and 146th Street
Legal description: (See attached descriotion)
Tax Map Parcel No.: 16-10-19-00-00-001.009
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).
Reauest for an additional around sian to identify tenants in ohase II of the develooment to traffic on U.S. 31 and
Keystone Avenue. Z-344 (146th Street & Kevstone Avenue Planned Unit Develooment District) Section 11.3 C
limits the around sinas for the overall develooment to one (1) around sian. The oermitted around sian is located
alona the West riaht-of-way of the North bound ramo off Keystone Avenue and Lowe's Way and is not visible to
identify tenants to the traffic on U.S. 31 and/or Keystone Avenue.
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8)
9)
10)
11)
12)
13)
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State reasons supportin~ Development Standards Variance: (Ad~aIlY, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The PUD Ordinance allows only one around sian and was enacted when only the Lowe's proiectwas proaressina.
Unlike Lowe's. the tenants in phase II do not have visibility and identification to the traffic on U.S. 31 and/or
Keystone Avenue.
Present zoning of the property (give exact classification):
PUD
Size of lot/parcel in question:
8.48
ems
Present use of the property:
2 restaurants and 2 buildina pads
Describe the proposed use of the property:
UP to two (2) additional tenants to ioin the existina
restaurants.
Is the property: Owner occupied
Renter occupied
Other
" - undeveloped pads
" - restaurants
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: 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?
Kite Development / Owner of the Real Estate
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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.
S; " 1IJI:i-
torney, or Power of Attorney) Date
Paul G. Reis. Attornev for Kite Grevhound. LLC
(Please Print)
STATE OF INDIANA )
)55:
COUNTY OF HAMILTON )
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis. attorney for
Kite Greyhound. LLC and acknowledge the execution of the foregoing instrument this 11th day of May .2007.
~.fL--
/ Notary Public--Signature
(SEAL)
$TWh0 B~ (f,lZkN'tJe!L
Notary Public--Please Print
My commission expires: QC;17JBet2.. zS I ute
Resident of IUAt:.ION County, Indiana
3
887406v1
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CARM~CLAY ADVISORY BOARD OF ZONING QpEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Kite Greyhound, 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 proposed around will not interfere with the vision clearance of the traffic travelina on U.S. 31 or Keystone
Avenue, and the desian of the sian will be attractive and complimentary to the development.
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 around will provide identification to the restaurant and other tenants located south of the Lowe's store which
will enhance the use and value of the overall development.
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 tenants located south of Lowe's are not allowed to have around sionage that will identify and locate these
tenants to the traffic travelino on U.S. 31 and Keystone Avenue which is havina a detrimental effect on the
completion of the development and the business of the existina tenants.
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).
887440_1.DOC
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LEGAL DESCRIPTION
Phase II - Greyhound Commons
146th Street & Keystone Avenue
A part of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, Clay
Township, Hamilton County, Indiana, described as follows:
Beginning at a point at the intersection of the north line of the south half of said quarter
section with the eastern boundary of State Road 431, said point being North 89 degrees
15 minutes 32 seconds East 609.82 feet from the northwest comer of the south half of
said quarter section; thence along said eastern boundary Northwesterly along a curve to
the right with a radius of 5671.60 feet, the radius point which bears North 66 06 minutes
18 seconds East a distance of 292.04 feet to a point which bears South 69 degrees 03
minutes 19 seconds West from said radius point; thence North 69 degrees 03 minutes 19
seconds East 47.00 feet; thence North 90 degrees 00 minutes 00 seconds East 130.48 feet
to a non-tangent curve having a radius of 270.00 feet the radius point which bears South
55 degrees 55 minutes 00 seconds East, thence Northeasterly 365.41 feet along said curve
to a point which bears North 21 degrees 37 minutes 34 seconds East from said radius
point; thence North 89 degrees 14 minutes 07 seconds East 192.22 feet; thence South 00
degrees 10 minutes 51 seconds West 526.33 feet to a point on a non-tangent curve having
a radius of 278.87 feet, the radius point of which bears North 67 degrees 12 minutes 27
seconds West; thence Southwesterly, Westerly, and Northwesterly along said curve
630.33 feet to a point which bears South 62 degrees 17 minutes 54 seconds West from
said radius point, said point lies on the aforesaid Easterly limited access right-of-way line
(the next two courses are along said right-of-way); 1) thence North 24 degrees 51 minutes
15 seconds West 72.38 feet to a curve having a radius of 5671.60 feet, the radius point of
which bears North 65 degrees 06 minutes 51 seconds East; 2) thence Northwesterly
along said curve an arc distance of 102.38 feet (101.7 feet deed) to the Point of Beginning
which bears South 66 degrees 08 minutes 54 seconds West from said radius point,
containing 8.498 acres, more or less.
Phase II Legal Description.doc
Clay
Terrace
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Village Park Plaza
146th Street
12.334 VPD
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Site Data
I Building Area:
Proposed Fox & Hound: 7.500 SF
Abuelo's Mexican Food Embassy: 8,324 SF
Pad #3: 7,500 SF
Pad #4: 7,500 SF
Parking Provided:
540 Spaces (14 ADA)
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Drawn By:
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Checked By:
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Scale:
1"=80'
ShBBt
Date:
10-1-04
ProjBCl No_
K-03015
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ISHMAEL'S,
HARBOUR
SEAFOOD RJo:srAI,;RANTS
FABRICATE AND INSTALL INTERNALLY ILWMINATED DIF MONUMENT SIGN
- AlL ALUMINUM CONSTRUCTION, 2" ANGLE SKINNED IN AlUMINUM AND PAINTED IN
VARIOUS NEUTRAL TONES (TBD).
- BRICK OR STONE BASE BY OTHERS
- UPPER CABINET HAS CLEAR ACRYLIC WITH 3M DUAL COLOR ALM
- TENANT CABINETS WILL HAVE ROUTED FACES AND BACKED
UP WITH WHITE POLYCARBONATE WITH TRANSLUCENT VINYLS.
INSTALL IN ACCORDANCE WITH THE
NEC AND lOCAL ELECTRICAL CODES
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76"
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www.slgncraftind.com
8920 CORPORATION DR.
INDIANAPOLIS, IN 46256
Office 317.842.8664
Fax 317.642.3015
PREPARED FOR
KITE REALTY GROUP
GREYHOUND COMMONS
CARMEL, INDIANA _
SKETCH NAME .
MONUMENT SIGW-
SCALE
'h" = 1'-0"
DATE
FEB 14, 2007
S. C. REPRESENTATIVE
STEVE McVICKER
INDEX NUMBER
0307-0235
DESIGNER
SLM
REVISIONS
1- 4/4/07 5-
2- 6-
3- 7-
4- 8-
COLOR SPECS
(A)
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COLOR APPROVAL
DRAWING APPROVAL
PRODUCTION NO.
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