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Home My WebLink AboutFindings of Fact ", ;l":""'- CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00019V - Ground Sian in Carmel Dr./Ranqeline Rd Overlav Zone Petitioner: Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ;z.~AY OF ~,? ~~~ 2007. ~/C $L-- ~rd Member 1027150_1'oOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100019 V (Ground Signage in Carmel Drive - Rangeline Road Overlay) Petitioner: Corner Associates. L.P. 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 new ground signs will identify the tenants within this retail center to the public traveling on 1161h Street and Rangeline Road. 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 new ground signs will enhance the appearance and value of this retail center without impact or effect upon the use or value of the adjacent area. 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: This retail center is "grandfathered" under the Carmel Drive-Rangeline Road Overlay Zoning Ordinance. Ground signage, prohil:ilted now within the Overlay Zone, is critical to the success of this center where the stores are not directly adjacent to the streets for visibility to prospective customers. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No 07100019 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof this ,2007. CHAIR RSON, 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) 1027539_1.DOC I I 1 I J CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA j Docket No.: 07100019 V (Ground Signage in Carmel Drive - Rangeline Road Overlay) J Petitioner: Corner Associates, LP. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE J 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: I ( The new ground signs will identify the tenants within this retail center to the public traveling on 116th Street and Rangeline Road. 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: ~ I The new ground'signs will enhance the appearance and value of this retail center without impact or effect upon the use or value of the adjacent area. 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: This retail center is "grandfathered" under the Carmel Drive-Rangeline Road Overlay Zoning Ordinance. Ground signage, prohibited now within the Overlay Zone, is critical to the success of this center where the stores are not directly adjacent to the streets for visibility to prospective customers. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100019 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof day of ~h'2007.~ Adopted this '-;1 O')(P 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). 1027539_1.DOC CARMEL/CLAY BOARD OF ZONING APPEALS 1 J I I Carmel, Indiana o 11 000J-.9 ~ Docket No.: 071 00019V - Ground Sign in Carmel Dr./Ranqeline Rd. Overlay Zone < ~ , 1 ~ J Petitioner: Kite Realty Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. '] I ~ I - i 2. \ I i 3. DATED THIS 6?(/ DAY OF ~ 2007. t!ad~fitd~ Board Member 1027150~1.DOC I T J CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA J Docket No.: Or/ oW(C\ v- 07100023 V (Location of Ground Identification Sign in ROW) 'I J Petitioner: Corner Associates, L.P FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE J 1 . The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: ] I J 116th Street has been recently widened and improved and the location of the sign is five feet from the existing improved right of way and therefore will not impact 116th Street or travel thereon. 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: ) I J The location of sign will enhance the property without effect upon the use or value of the adjacent properties or area. 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: Location of the proposed sign five feet from the right of way shown on the Thoroughfare Plans would place the sign in an existing drive aisle or parking area creating a severe difficulty for patrons using the center and a safety hazard. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100023 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. 77-t)"t--h day of ;lJ o~kr , 2007. Adopted this CH^IRPERSON. Carmel/Clay Board of 20n;ng ^ppeals 7~ SECRET ARY, Carmel/Clay Board of Zoning Appeals Cond;!;ons of the Board ace !>sted on the back. (Pem.oner or h;s repr ta.'ve.to.~gn)- 1027539_1.DOC J CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana I j I I Docket No.: 07100019V-Ground Sign in Carmel Dr,JRanqeline Rd. Overlav Zone 6'1-tooo'):.~ v' Petitioner: Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1, 2. 3. DATEDTHIS~DAYOF II/o~~ v 2007. 1027150_1.DOC ~~~ CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 071 00020V - Add !tional siq ns for tenants Petitioner: Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS ~AYOF ~r-P3fY;-~ "'~n:""--~2007. / ~ftV'~ ~ard Mem ber ... 1027150_1'oOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100020 V (Number signs per tenant) Petitioner: Corner Associates, L.P. 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 new ground signs will provide critical identification of the tenants located in this retail center. 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 additional signage will enhance business for the tenants and thereby enhance the value of this property without any negative impact on the adjacent properties in the area. 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 stores are not located adjacent to the streets and without the additional signs as a part of the new ground signs, the tenants are struggling to have adequate identification for the success of their businesses. This center is adjacent to 2 major streets which each require signage for tenant identification to the prospective customers traveling on those streets. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100020 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of ,2007. , AIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay BDard of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign) 1027539_1.DOC J I CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100020 V (Num ber signs per tenanl) 1 J \ i Petitioner: Corner Associates, L.P. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1 . The approval af this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The new ground signs will provide critical identification of the tenants located in this retail center. 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 additional signage will enhance business for the tenants and thereby enhance the value of this property without any negative impact on the adjacent properties in the area. 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 stores are not located adjacent to the streets and without the additional signs as a part of the new ground signs, the tenants are struggling to have adequate identification for the success of their businesses. This center is adjacent to 2 major streets which each require signage for tenant identification to the prospective customers traveling on those streets. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No 07100020 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ex ft;4- dayof 7Um--; Adopted th is ,2007.,;:] .;J . /) ~Auda(J 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). 1027539JDOC CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 071 00020V - Additional siqns for tenants Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1 . 2. 3. DATED THIS .;;?~ DAY OF ?2ttzn 2007. Board~~Jdo~ 1027150_1 DOC -'I \,....... CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100021V - All tenants in Center not shown on ground siqn Petitioner: Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. ~~~~ 2007. DATED THIS ~AY OF ~~ / Board Member 1027150_1 DOC ., ..... CARMELfCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100021 V (Ground Identification Sign without all tenants) Petitioner: Corner Associates, L.P. 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 size of the proposed sign has been reduced to comply with the size requirements for otherwise permitted ground signs and the omission of certain tenants from the signs will not cause any injury to the public health, safety, morals or general welfare of the community. 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 size of the signs has been designed to complement the property and to enhance the appearance and value of the property without impact or effect on the surrounding area. 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 size of the signs has been designed to enhance the property and to comply with the size of the sign area permitted for ground signs under the Zoning Ordinance; however, the size will not allow for all tenants to be listed and to maintain proper size for identification purposes, including readability and visibility. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No, 07100021 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ?-.6 rft- day of ~~~.r ,2007. CH ERSON, 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). 1027539_1.DOC CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA I Docket No.: 07100021 V (Ground Identification Sign without all tenants) Petitioner: Corner Associates, L.P. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE I I I ( I 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: ) '1 I 1 I ~ I The size of the proposed sign has been reduced to comply with the size requirements for otherwise permitted ground signs and the omission of certain tenants from the signs will not cause any injury to the public health, safety, morals or general welfare of the community. 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 size of the signs has been designed to complement the property and to enhance the appearance and value of the property without impact or effect on the surrounding area. 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: ~ I The size of the signs has been designed to enhance the property and to comply with the size of the sign area permitted for ground signs under the Zoning Ordinance; however, the size will not allow for all tenants to be listed and to maintain proper size for identification purposes, including readability and visibility. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100021 V 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 ~rP day of ~ '2007~. 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). 1027539_1.DOC ~ CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana ~ ! Docket No.: 07100021 V - All tenants in Center not shown on qround siqn ~ Petitioner: Kite Reallv Group J I I FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1 ) 1. ) .1 ~ \ ~ l 2. ! 3. r 1 j I I ~ 1 ~ J I DATED THIS o<&; DAY OF 2007. 1027150_1.DOC ~ CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 071 00022V -Heiqht of qrou nd signs Kite Realty Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS 4 Jt,.DAY OF /IkJ~ b-ev- 2007. ~~~~ 1027150_1 DOC 0'''' CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100022 V (Height of Ground Identification Signs) Petitioner: Corner Associates, L.P. 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 actual height of the signs when measured at the grade elevation of the streets will be within the 6 foot height limitation. 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 signs will be level with the street grade elevation and the additional height from the parking lot grade elevation will not affect the use or value of the adjacent property. 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 signs cannot be constructed on the site within the 6 foot height limitation because of the grade change from the street to the parking lot. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100022 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. ayof 11~f..,- ,2007. / ON, 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). 1027539_1.DOC I \ I r CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100022 V (Height of Ground Identification Signs) I r I ( Petitioner: Corner Associates, LP. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The actual height of the signs when measured at the grade elevation of the streets will be within the 6 foot height limitation. 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 signs will be level with the street grade elevation and the additional height from the parking lot grade elevation will not affect the use or value of the adjacent property. 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 signs cannotbe constructed on the site within the 6 foot height limitation because of the grade change from the street to the parking lot. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100022 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. R (;; --->> ''-d.-, day of /W-v, Adopted th is ,2007. ~~~ CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRET ARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back (Petitioner or his representative to sign). 1027539 1.DOC I I CARMELlCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100022V -Height of qround siqns I IJ ~ I Petitioner: Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. , j I ) I -, I ~ 2. I J I ] r i 1 3. DATED THIS ;:{~ DAY OF ~ 2007. ~/~-dtat. rd Member 1027150_1.DOC ~T... CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100023V - Siqn located in Thorouqhfare Plan Right-of-Wav Petitioner: Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. CJI--r-r vr-,ll V'?,rj- Pe- h;'bC-e- 4~ ~s~QJ5"C'~~.k~ . //YI ,h-r v<' ~ / ~ .r,~s;.~1/7 e?~ ~ 5::'/9'"7.....?) ~ .evcvPr __the- /1--/ w- ,is e~~~ DATED THIS z,/., PbAY OF /llol/'e,-. hev- 2007. ~~~..-~ Jfbard Mem ber r --.......... 1027150_1DOC .....,"'- CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100023 V (Location of Ground Identification Sign in ROW) Petitioner: Corner Associates. L.P. 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: 116tl1 Street has been recently widened and improved and the location of the sign is five feet from the existing improved right of way and therefore will not impact 116th Street or travel thereon. 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 location of sign will enhance the property without effect upon the use or value of the adjacent properties or area. 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: Location of the proposed sign five feet from the right of way shown on the Thoroughfare Plans would place the sign in an existing drive aisle or parking area creating a severe difficulty for patrons using the center and a safety hazard. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100023 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of ~......~, 2007 C IRPERSON, 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). 1027539_1.DOC I J I CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA I J Docket No.: 07100023 V (Location of Ground Identification Sign in ROW) J Petitioner: Corner Associates. LP. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE I -1 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: ~ 116th Street has been recently widened and improved and the location of the sign is five feet from the existing improved right of way and therefore will not impact 1161h Street or travel thereon. 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: I J The location of sign will enhance the property without effect upon the use or value of the adjacent properties or area. 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: J I l I r I Location of the proposed sign five feet from the right of way shown on the Thoroughfare Plans would place the sign in an existing drive aisle or parking area creating a severe difficulty for patrons using the center and a safety hazard. , I ( DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100023 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. a& dayof ~ Adopted this ~~ I J I 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). 1027539_1 DOC J CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana J J j J Docket No_: Petitioner: 071 00023V - Siqn located in Thoroughfare Plan Riqht-of-Way Kite Realtv Grou p FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1_ J J 2. ! 3. DATED THIS ~ DAY OF /!~vMv ~~~ 2007. 1D27150_1.DOC