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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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DEVELOPMENTST ANDARDS VARIANCE REQUEST
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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 fi(st variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing'Officer Fees
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DOCKET NO. ft)'7~{P (7D t'lt1 0'5 t/ DATE RECEIVED:
1) Applicant: FREDERICK A. SIMMONS, AlA
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Address: 305 E. NEW YORK STREET; INDIANAPOLIS, IN 46204
2)
Project Name: MERIDIAN MUSIC
Engineer/Architect: SIMMONS ARCHITECTS, LLC
Phone: 575-9588
Phone: 656-3500
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
X (c) Other: AGENT FOR OWNER
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: JAM MUSICAL PROPERTIES, LLC
Owner's address: 12725 OLD MERIDIAN ST.; CARMEL, IN 46032 Phone: 575-9588
5) Record of Ownership:
Deed Book No.llnstrument No. 11128/2003-110419
Page:
11197
Purchase date: 2/28/2003
6) Common address of the property involved: 12725 OLD MERIDIAN ST.; CARMEL, IN 46032
Legal description: SEE ATTACHED
Tax Map Parcel No.: 16-09-26-04-02-016.001
7) State explanation of requested Development Standards' Variance: (State what you want to do and cite the section
number(s) of the CarmeVClay Zoning Ordinance that applies and/or creates the need for this request).
REQUEST FIVE (5) NEW SIGNS ON ALTERNATING AWNINGS ON NORTH, WEST & SOUTH
FACADES. THIS REQUEST IS FOR AN INCREASE TO THE NUMBER OF SIGNS & SQUARE
FOOTAGE AS ALLOWED' BY SECTION 25.07.02-14 "OLD MERIDIAN DISTRICT" SIGNAGE
ORDINANCE.
C 9-e~~t'8 % l,J~ <;;i5/l in "IJ nenM~
Page 1 of 8 - z:\sharedltorms\BZA applications\ Development Standards Variance Application rev, 12/2912006
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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 ATTACHMENT
9}
10)
11)
Present zoning of the property (give exact classification):
Size of lot/parcel in question: 1.09
OM/OLD MERIDIAN ZONING DISTRICT VILLAGE
ZONE (V) DEVELOPMENT ZONE
acres
Present use of the property:
RETAIL & MUSIC EDUCATION
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.
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?
ASAP
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
OWNER
NOTE: LEGAL NOTICE shall be published in the Indianaoolis 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 assianed until all suooortina information has been submitted to
the Deoartment of Community Services.
Page 2 of 8 - z:lshared\formsl8ZA applications\ Development Standards Variance Application rev. 1212912006
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JUN-7-2007 12:48 FROM:YAMAHINS(i)18664059648
T~563501
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AFFIDAVIT
I, hereby swear that I am the owner/contract pumhaser of property involved in U'lis application amf that the foregoing
signatures. statements and answers herein cc;,tained and the informati.on Ite~th$ubmitted are in. all respects true and
correct to the best of my knowteclge and belief. 1..1Ihe!uncl$f$ignedlhO . e.the ap~lica . 10 act on my behalf. regard
to this application and subsequent hearings and testimony. I'
Signed~' Ii J 7 iJ 7
(Property Owner, Attofney, or Power of Attorney) Date
K. . f..h.'. a.. (j; 'j 0.. 'f...
(please PORI;)
STATE OF INDIANA
S$:
County of
MARION
(County in which notarization takes place)
Befor.e me the undersigned, a Notary Public
for MARION
(N~atY Public's eOlJn1y at residence)
County. State of Indiana, persOflany ~eared
R. CRAIG GIGAX
(Property Owner. Attomey, or Power of Attorney)
and ~knowledge tt1e execution of the foregoing instrume1'lt this
7TH day of
JUNE
.20 07
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Notary Public-Signature
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CARLA K. CARTWRIGHT
Notary Public--Pleas~ Print
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My commiss;on expires: JUNE 18, 2009
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Page 4. of 8 . ~.....IBZA ~io"" ~ 1hnd8,~ "~1lIlCIl AllOIitorlDn /fW: l2l2912OO5
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FAX NO. 578()0
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Mid.States Engineering, L.LC.
April 12,2000
Job. No. 121-1791
LAND D.ESCRIPTION
Proposeij Commercial Property "C"
Pi.lrt of the Southeast Quartor of Soction 26, Township 18 North, Range 3 East, Second
PrincIpal Meridian In Hamilton County Indiana more particularly described as follows:
Commencing at \he Southeast comer of the Southeast Quarter of said Seclion 26 and J\Jnnlng
- S89a2T12"W on and along the South line ot said Southeast Quarter 1326.00 feel to tho
Southwc~t Comer of the South~ast Quarter of the Southeast Quartsr or said Socllon 26; thenco
Nooa40'34.E on and along the West Iino of snid quarter-Quarter SectIon 727.00 foet to a poInt
on the Southeast right-<)f-way of Old Meridian Street, said point also being on tho Northwest
liuCl of Lot 13 in R.A. Franke's AddiUon as per pIal thereof recorded among the records of
Hnrnllton Counry, Indiana as Deed Record 120, Page 197; thence N36"15'16"E on and along
said Soulheast rfght.of~way of Old Meridian streat and said Northwest line of lot 13 a dIstance
of 47.70 leol to the Pou~.r OF BEGINNING of this description; thonce continuing N36"15'16"E
115.71 fGal to the Northwest corner Qf said Lot 13; lhence N89"43'22"E along the North Una or
said Lot 13 a distance of 291.86 feet; thence S36"04'3S"W 288.72 feet; thence N53"5o'2,2.W
235.41 faet to the POIN1" OF BEGINNING, containing 1.092 acres, mort> or less, subject to
oasemcmts, rights-of-way, and restrictions.
EXHl DIT A
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FREDERICK A. SIMMONS, AlA - AGENT FOR MERIDIAN MUSIC
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 ADDITIONAL SIGNAGE REQUESTED WILL NOT NEGATIVELY IMPACT THE MOTORING
PUBLIC, PEDESTRIAN OR CONSUMER.
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 GRANTING OF THIS REQUEST IS IN KEEPING WITHIN THE INTENT OF THE OLD
MERIDIAN SIGN PLACEMENT CRITERIA.
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 OWNER FEELS THAT HAVING ONLY ONE (1) SIGN HAS HINDERED HIS CUSTOMERS
TO IDENTIFY HIS LOCATION AND THAT HE WILL BE FURTHER HINDERED WHEN THE
ROUND-A-BOUT TO THE NORTH IS COMPLETED.
DECISION
IT IS THEREFORE the decision of the CarmeVClay 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, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8 - z:\shared\lormsISZA appllcations\ Development Standards Variance Application rev. 12/2912006
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Reasons for supporting the Development Standard Variance
1. Owner feels that his business has suffered by having only one sign, hindering his
customers to identify his location.
2. This is considered a Single tenant Multi-level building and is allowed only one 20
square feet for a Projecting Sign. Ifthis were a Multi tenant Multi-level building,
it would be allowed a total of seven (7) 20 square feet Projecting signs, totaling
140 square feet.
3. The five (5) proposed signs are 13.75 square feet each, totaling 68.75 square feet.
If all five proposed signs were granted, the total signage for the building will be
88.75 square feet.
4. When the new round-a-bout is completed, customers will be able to identify the
building heading south.
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'OJECT SOilS MAP
SCALE: f' =200'
1lrook8l0ll 8lIIy clay 108m
Crosby eBlloam, 0 . 2 perC8lll slop..
118IIII 8111081II, 2' 8 peroent 8Iopea. eroded
118IIII 8111081II, 0 . 2 pIl'OtIIl 8Iopee. gravely _tralulll
Croaby-Mlml 8Bt IoIm8, 2 . 4 pero8III 8lopea, eroded.
PROJECT lOCATION MAP
SCALIl:f' =2000'
Quad Map: CIrmllI
PROJECT ADDRESS: 100 PROVIDENCE BOU.EYARD
MAJOR STREET: 0Ul MERIDIAN ST.
M/NOR STREET: PROVIDENCE BOULEVARD
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City of Cannel
180081
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JOINS
)JECT VICINITY MAP
SCALE: f' = 100'
ADDRESS: 100 PROVIDENCE BOU.EYARD
TREET: 0Ul1lERllllAll ST.
FLOOD INSURANCE RATE MAP
SCALE:l"=500'
Community- lhnel No.: 1lI087l:02II7F PAIIEI. 207-1811
Map JIe11ised; FebnlaIy .. 2008
Zone: A . ANa a111lO-yoar lIoad, _ Good ........ 101_
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FAX NO, 578 0
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350 E. New york St., Suite 300
Indianapolis, IN 46204
(317) 634-6434 Phono
(317) 634-3576 Fax
JOB NO.121"47gt
DATEt 04/12/00
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EXHIBIT SHOWING
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Proposed Commercial Property .C.
Providence at Old Meridian
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Parcels: April 2006
Zoning
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MERIDIAN MUSIC
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ARCm'l'ECr8, PLANNERS
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APRIL 3, 2003
CARMEL, INDIANA
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AWNING SIGN SIZE:
5'-0' x 2'-,\" = 13.15 SQlJA-RE FEET
(TYPICAL OF 5 NEW SIGNS)
NORTH ELEVATION
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AWNING SIGN SIZE:
5'-0" x 2'-Q' = 13.15 SQUARE FEET
(TYPICAL OF 5 NEW SIGNS)
HEST ELEVATION
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AWNING SIGN SIZE: I
5'-0" x 2'-Q" = 13.15 SQUARE FEET
(TYPICAL OF 5 NEW SIGNS) \
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SOUTH ELEVATIOIN