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B'oonet Rachel M.
From: Boone, Rachel M.
Sent: Wednesday, October 10, 2007 9:32 AM
To: Blanchard, Jim E; Brennan, Kevin S; Brewer, Scott I; Conn, Angelina V; Coy, Sue E; DeVore, Laura
B; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn,
David W; Stewart, Lisa M; Tingley, Connie S
Cc: 'charlie@nf-Iaw,com'
Subject: Docket Nos. Assignment: (V) Fidelity on Meridian - Signage (07100010 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Fidelity
on Meridian - Signage. Itwill be the following:
Docket No. 07100010 V
Total Fee:
$556.00 (Hearing officer fees paid 10-9-07)
$556.00
Fidelity on Meridian - Signage
The applicant seeks the following development standards variance approval:
Docket No. 07100010 V Section 25.07.02-10 5 wall signs oriented east
The site is located at 11450 N. Meridian St. and is zoned B-6/Light commercial and office uses near areas zoned
or utilized for residential purposes.
Filed by Charlie Frankenberger of Nelson and Frankenberger.
-
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 Friday, October 12. 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.
3. The Proof of Notice will need to 'be received by this Department no later than noon, Friday, October 19.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee {PAID 10-9-07} and Nine (9) Informational Packets (Partially submitted 10-9-07 - need
2 more) must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, October 12. Failure
to submit Informational Packets by this time will result in the automatic tabling of the petition to the November 26,
2007 agenda of the BZA.
5. This Item will appear on the October 22, 2007 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled-out Findings-ot-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.
PETITIONER: refer to your instruction sheet for more details.
Mr. Frankenberger can be contacted at 317-844-0106.
Department's Review Comments: petitioner. please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5: 15 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.) Provide adjacent property owners list
5.) Please provide filled out and notarized placement of public notice sign affidavit.
6.) Make checks payable to the City of Carmel.
10/10/2007
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CITY OF CARMEL - CLAY TOWNSHIP
HAMrL TON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $270.00 for the first variance, pJu~ $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~he;8inance being varied.
OR see Hearing Officer Fees 11 "'~'.i?/j<o./').
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DOCKET NO. 07 i 0 ()O J 0 tI
DATE RECEIVED:
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46204
Address:
Fidelity Meridian, LtC
602 Capitol Avenue North. Indianapolis. IN
1)
Applicant
Project Name: Fidelity on Meridian
Engineer/Architect: NA
Charles D. f~aukenberger
Attorney:
3) Applicant's Status: (Check the appropriate response)
Phone:
566-5611
2)
Phone:
NA
844-0106
Phone:
~ (a) The applicant's name is on the deed to the property
_ (b) The appliGant is lhe contract purchaser of the property
_ (0) Other:
4) If Item 3) (0) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book NoJlnstrument No.
Page:
Purchase date:
6) Common addre$5 ofthe property involved: 11450 N. Meridian St.. Carmel. IN 46032
See Exhibit A
Legal description:
Tax Map Parcel No.:
7) State el<planation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need lor this request).
See. Exhibit B
16-13-02-00-00~003.004
Pag~ 1 of 8 -z:\<h,redIlo,m<\9ZA ~ppl",,,\,,,,,,,\ O....IQPJT\lJn! Slilfldurd. V.,'an"" AppllcallDn I'Ov.1212Q!2000
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8) State reasons supporting the Development Standards Variance: (AdditIonally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
In o~de~ for the building to be viable, some permi~ted signage ne~d$ to be
relocated f~om th~ west elevation to the east elevation.
9)
10)
11 }
Prese01 zoning of th~ property (give exa.ct classification): B-6; U. S. 31 Overlay
S 2.36
ize of lot/parcel in question:
acres
Present use of the property:
ofHc.~/retai),
."
12) Describe the proposed use of the property: office hetail
13)
Is the property: Owner occupied
Renter occupied .I\.
Other p!l'l:'t:1ally un{Jcc.up1ed.
14)
Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection With this
property that would rela.te or affec11ts use tor the speoifio purpose of1his appliGatiol1? If yes, give date and docket
number, decision rendered and pertinent explanation.
See Exhibit C
15) Has wDrk for which this application is being filed already started? If answer is yes. give details:
Building Permit Number: No
Builder:
NA
16) If proposed appeal is granted, when will the work commence?
Within sixty (60) days after app~oval
'7) If the proposed variance is granted, who wiH operate Clndfor use the proposed improvement for which this
application has been filed?
The landlord, Fid~lity MeTid1an, LLC, and the tenant
NOTE: LEGAL NOTICE shall be published In the lndianaoolis 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 10 all adjoining and abutting property owners IS also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED ssntto adjoining property owners. (The white receipt
should be stamped by the Post Office alleast 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 abut1[ng
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE 8URDEN OF PROO~ i=OR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEASTnvENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assiqned until all SUDDortina information has been submitted to
the Department of Community Servioes.
P ~ge 2 of e - t:I.hR",dlformo\EI2A appllcatlon.\ rJ.,.lopmenI8Ian.ards Va';a""" Applic:l1!on Ill". 1 :lI:l$/;l005
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AFFIDA vir
I, hereby swear that Fidelity Meridian, lLC is the owner ofpraperty 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.
Joh
/D/q/O
Date
Fidelity Meridian, LLC
Signed:
60 hrJ f(. Pdo ,'USc;J
(Please print)
STAlE OF INDfANA
88:
Before me the undersigned, a Notary Public
County, State Of Indiana, personally appeared
and acknowledged the execution of the foregding
instrument for and on behalf of Fidelity Meridian, LLC thi
ober, 2007
W~l~
. {SEAL)
Notary Public - Please Print
My commiSSion expires:
SHERRY O. BI.tTRt.JM
NOTARY PUBlIC STATe OF INDIAN'A
MARION COUNTY
COMMISSION EXPIRES: FEB. 27, 2008
"'age 4 of 11- z:\sharedlfDITTIS\BZA appHcatione\DlilYelQpment Stanl;lards Variance Application fe\!. 12/29/Z006
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGS OF FACr - DEVELOPMENT STANDARDS VARIANCE
1. Ihe approval of this variam:e will not be injurious to the public health, safety, morals and general welfare Df the
communily because:
the proposed variance will allow signage (i) necessary for the viability of the
improved bliild~ng aud (11) consistent with signa~e w~thiu the existing
Fide.lity Plaza.
2. The use and value of the area adjacent to the property included in the variance will not be aff!:icted in a
substantially adverse manner because:
the proposed variance will allow siguage (i) necessary for the viabili~y of the
improved building and (ii) consistent with signage wi~hin thE ~xi~ting
Fidelity Plaza.
3. The strict appliGation of the terms of lhe Zonfng Ordinan~a to the property will result in practical difficulties in the
use of the property because:
strict application of the Zoning Ord~nance will prohibit signage (i)
necessary for the vi~bility of the improved building and (ii) con8iBteh~ with
signage within the existing Fidelity Plaza.
DECISiON
IT IS THEREFORE the decision of the Carmel/Cray 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 at
,:W
CHAIRPeRSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions 01 the Board arr;! listed on the bacK. (Petitroner or his representative to sign}.
P",ge 8 of 8 -<;\OhBl1ldljorma\5ZA applioaI1ol1S1 O....olo~mC<lI Sl>.nd.rc'& \'.~B"". Ap~l)oalfan "'"1.121291200.
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EXHIBIT A
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, In Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of said Quarter Section thence North 89
degrees 11 minutes 58 seconds East along the North line of said Quarter Section
11 7.53 feet to the Southeast comer of the Southeast Quarter of Section 34. Township 18
North, Range 3 East; thence North 88 degrees 30 minutes 17 seconds East along said
North line 684.011 feet; thence South 00 degtees 13 minutes 58 seconds East
660.160 feet; thence North 88 degrees 30 minutes 17 seconds East~ parallel mth said
North line 440.107 feet; thence South 00 degrees 13 minutes 58 seconds East
689.566 feet; thence North 88 degrees 30 minutes 17 seconds East, parallel with the
said North line 296.136 feet to the Point of Beginning of this description; thence
North 02 degrees 15 minutes 20 seconds East 171. 0 19 feet to the point of curvature
of a 150.77837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 seconds West 38,00 feet from .'laid point; thence Northerly
along the said curve 32.867 feet to the point of reverse cm-vature of a 92.41255
degree curve to the right. the radius pomt of said curve being North 42 degrees 42
minutes 02 seconds East 62.00 feet from said point; thence Northedy along said
c'Urve 34.821 feet to the poiDt of tangency thereof, the radius point of said curve
being North 74 degrees 52 minutes 53 seconds East 62.00 feet from said point;
thence North 15 degrees 07 minutes 07 seconds West 54.615 feet; thence North 89
degrees 46 minutes 02 seconds East 400.305 feet to the limited access right of way
line for U.S. #31 as nOw located and established per Indiana State Highway Plans
Project STF 222 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13
minutes 58 seconds East along the said right of way line 274.552 feet; thence South
88 degrees 30 minutes 17 seconds West parallel with the said North line 364.024 feet
to the Point of Beginning.
ll;~&Il<oI_~~","~_
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EXHIBIT B
Previously granted variances allow (i) four (4) signs) not to exceed 80 square feet, in
aggregate, on the west elevation of the building and (ii) four (4) signs, not to exceed 130
square feet in aggregate, on the east elevation. By this application, we are requesting that
a 20 square foot sign be relocated from the west elevation of 'the building to the east
elevation of the building, so that there will be (i) three (3) signs on the west elevation., not
to exceed 60 square feet in aggregate and (n) five (5) signs on the east elevation, not to
exceed 150 square feet in aggregate. Prior variances were from (i) Chapter 25.07.02-
lO(b) pertaining to the number of permitted signs per tenant and the location of signs.
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EXlDBIT C
Prior (i) DP/ADLS approved 6/21/05 under Docket No. 05040003, (ii) two (2) zoning
waivers approved 6/21/05 under Docket numbers 05040004 ZW and 05040005 ZW. (iii)
five (5) developmental standards variances approved 6/30/05 under Docket numbers
05050037-05050042.
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NELSON & FRANKENBERGER
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SI-IINA VER
LA WRENCE J. KEMPER
JOI-IN 1:J. FLAT)"
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317-844-0106
FACSIMILE: 317-846-8782
www.nf-Iaw.com
FREDRIC LAWRENCE
DA VII) .J. LICHTENBERGER
JESSICA S. OWENS
Of Counsel
JANE B. MERRILL
October 9, 2007
Via hand delivery to:
<}
RtCElllfD
Ocr. ,.
d ':')0/
.DOCS
Christine Barton Holmes
Cannel Department of Community Services
One Civic Square
Cannel, IN 46032
RE: Fidel ity on Meridian variance
Dear Christine:
Enclosed are an application, a check in the sum of $556.00 for the filing fee, and
seven (7) informational brochures. It is our understanding that we will present this matter
to the hearing ofticer of the Board of Zoning Appeals on October 22,2007.
Should you have any questions or comments, please do not hesitate to call me_
As always, we much appreciate your help.
Very truly yours,
NELSON & FRANKENBERGER
~~
Charles D. Frankenberger
CDF/bjt
enclosures
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