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Boone, Rachel M.
Sent:
To:
From: Boone, Rachel M.
Wednesday, October 17, 2007 3:36 PM
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: Reis, Paul
Subject: Docket Nos. Assignment: (V) The Corner - Signage (07100019 V - 07100023 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) The
Corner - Signage. It will be the following:
Docket No. 07100019 V
Docket No. 07100020 V
Docket No. 07100021 V
Dockel No. 07100022 V
Docket No. 07100023 V
Total Fee:
$1056.00
$500.00
$500.00
$500.00
$500.00
$3056.00
The Corner - Signage
The applicant seeks the following development standards variance approval:
Docket No. 07100019V Section 23F.13.01-A Ground sign in Carmel Dr./Rangeline Rd.
Overlay zone
Docket No. 07100020 V
Docket No. 07100021 V
Docket No. 07100022 V
Docket No. 07100023 V
Section 25.07.02-09 b
Section 25.07.02-09 b
Section 25.07.02-09 d
Section 25.07.02-09 e
Number of signs per tenant
All tenants not represented on ground sign
Height of ground sign
Sign located in ROW
The site is located at 11588 Westfield Blvd. and is zoned B-3/Wide variety of commercial and office uses in
transitional locations.
Filed by Paul Reis of Bose McKinney and Evans.
-
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 laler Ihan Thursday, November 1. 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, Wednesday,
November 21. 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, November 16. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the December 17, 2007 agenda of the BZA.
5. This Item will appear on the November 26, 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.
PETITIONER: refer to your instruction sheet for more details.
Mr. Reis can be contacted at 317-684-5369.
Department's Review Comments; petitioner. please complete the following~
10/18/2007
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1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 R.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.
RCJ...CheL 13 oo-ne--
Sign Permit Specialist
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
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10/1 8/2007
...W-= '~I~Y OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
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. h
All Other $1,056.00 for the first variance, plus $500.00 for each additional section bf th€brdinance being varied.
OR see Hearing Officer Fees RECEiVED
DOCKET NO. 01 f 000 f q V - 2.'2;; "DATE RECEIVED: OC'
1 )
Applicant:
Corner Associates. L.P.
DOGS
Address:
30 S. Meridian Street. Suite 1100, Indianapolis. IN 46204
2)
Project Name: The Corner Retail Center
Phone: 317-577 -5600
Engineer/Architect: Richard Kellv, EMH & T. Inc.
Phone: 317 -913-6930
Address:
7400 N. Shadeland Avenue, Suite 150, Indianapolis, IN 46250
Attorney: Paul G. Reis, Bose McKinnev & Evans LLP
Phone: 317-684-5369
Address:
301 Pennsvlvania Parkway, Suite 300, Indianapolis, IN 46280
Sign Architect: Gail Romine, A Siqn bv Desiqn
Phone:
317-876"7900
Address:
4725 W. 106th Street. Zionsville. IN 46077
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./lnstrument No. Deed Book 361
Purchase date: Novem ber 18, 1986
I 1'7 q, ~vJ.( 0-tf-it l A '0 I V ii.
Common address of the property involved: SW Corner 116th Street East and Ranqeline Road
662-665
Pages
6)
Legal description: See Exhibit "An
Tax Map Parcel No.: 16-13-01-00-00-013.000
850671v1
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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).
23F.13.01 A - Ground Siqn - to allow for new qround sians for "arandfathered" property in
Ranqeline Road Overlav Zone
25.07.02-9(b) Number of Sians - to allow for tenant names on around sians
25.07.02-9(b) Ground Sian that will not include all tenants - to allow sians to include only certain tenants
25.07 .02-9(b) Heiaht of Ground Siqns - to allow qmu nd sians additional heiaht to accom modate arade
elevation difference between the street elevation and the elevation of the sian base inside the site
25.07.02-9(e} location of sian - 5 feet from riqht-of-way per Thorouohfare Plan to allow sian to be 5 feet
from existinq riaht-of-way on 116(h Street
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
(1} this is a retail center that was in existence at the time that the Ranoeline Road Overlav Zone was
adopted and around sianaqe is critical to the success of the center: (2) 'new and updated qround sians with
tenant names is necessary to properly, adequately and safely identify the tenants in the center to the traffic
alono 116th Street and Ranoeline Road: (3) to comply with the sian ordinance and to avoid larqer around
sians. only certain tenants will have panels on the around sians: (4) the arade elevation of Ranqeline Road
and 116th Street and the arade elevation of the site at the around sian base creates a situation that will
cause the measurement from the base of the siqn to the top of the siqn to exceed the allowable heiaht
standard; and (5) the location of the sian outside of the riaht-of-wav shown on the Thorouqhfare Plan for
116th Street would cause the siqn to be located in the present permitted parkinq area or in a drive aisle
which would create a severe difficulty and safety hazard. The proposed location of the siqn will be outside
tH Eurrent-riaht-of-way of 1161h S'treet as recently improved and widened,
9) Present zoning of the property (give exact classification): B-3
Size of lot/parcel in question:
4.2 acres
10)
11 )
12)
13)
Present use of the property:
Retail/Commercial s~oppinq center
Describe the proposed use of the property:
same as present use
Is the property: Owner occupied
Renter occupied
Other
x
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.
15) Has work for which this application is being filed alrea9Y started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
As soon as possible.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
2
1t)
If the proposed varianc~ granted, who will operate and/or use th~roposed improvement for which this
application has been filed?
Applicant will continue to own and maintain the property.
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
com pleted)
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 assiqned until all sUDPortinq information has been submitted to
the Department of Community Services.
AFFIDAVIT
I, hereby swear that I am the attorney for the owner of the property involved in this applicatfon 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.
Sign~ ~&--
(A to ne
10/12/07
Date
Paul G. Reis
(Please Print)
State of Indiana
)
)SS:
)
County of Hamilton
Before me, a Notary Public in and for said County and State, personally appeared Paul G. Reis, and acknowledged
the execution of the foregoing "Application for Board of Zoning Appeals Action" as hislher voluntary act and deed.
i:f~:';!ff:;
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RACHEllE RICHEY
Marion County
My Commission Expires
February 9, 2012
~L~
Rachelle Richey
Printed
Expires:
February 9. 2012
My County of Residence:
Marion
850671 v1
Docket No.:
CARYL/CLAY ADVISORY BOARD OF ZONIN~PPEALS
CARMEL, INDIANA
D II 0 0 0 , ~rJkd Sign age 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 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: .
The new ground signs will enhance the appearance and value of this retail center,
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 and
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.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals t~at 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).
4
Docket No.:
CAR~L1CLA Y ADVISORY BOARD OF ZONIN~PEALS
CARMEL, INDIANA
OJJ 0 00 20 (N~ber signs per business)
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 stares 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.
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).
5
Docket No.:
CAR~LlCLAY ADVISORY BOARD OF ZONIN~PPEALS
CARMEL, INDIANA
01100024- (Yround 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.
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.
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.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. _is granted, subjecUo 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
SECRET ARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
6
CAR~UCLAY ADVISORY BOARD OFZONIN~PEALS
" CARMEL, INDIANA
Docket No.: 01 to 00 z,.::?cHeight 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 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. _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).
7
Docket No.:
CAR'miUCLAY ADVISORY BOARD OF ZONIN~PPEALS
CARMEL, INDIANA
o 1 to 00 L '7 ~ocation of Ground Identification Sign)
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:
1161h Street has been recently widened and im proved 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. _is granted, subjectto any conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
Adopted this
day of _120_.
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).
8
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Exhibit "A"
Part of the Northeasl Quarter of Section 1, Township 17 North, Range 3 East in Hammon CQunty, lnd\ana,
more particularly described as foHows:
. Commencing $t a point on the Easll1ne of the Northeast Quarter of Section 1, TownshIp 17 North, Range
;3 East In Hamllton County, Indiana, said poinl located Soulh 1 degree 36 minutes 40 seconds Wesl
(bearing assumed) 600.00 feel from the Northeast corner of saId Northeast Quarter; thence North 89
degrees 20 minutes 15 seconds West p-arallel wllh the North line 'Of said NOrtheast Quarter 46.00 reGt to
the Wast righl-of-way pf Westfield Boulevard and the !.rue Place Of BegInnIng of Ihe tract hereIn
described: thence North 89 degreeS 2,0 minutes 16 seconds West parallel with said North line 4iO,fi9 feet
to the East line ur lilt! Old rndianapo!is Tr~ction Comp~ny rlght-of-WPY OJ oonvClyod by M3rg3ret HLlmmQr
In Deed Record 85, page 236 in the Office of the Recorder of Hamilton county and the point of curvature
of a curve whose radius poInt bears North 75 degrees 42 minutes 13 seconds West 2904.79 feet from the
paint of curvatu(e; thence Northerly on said Easl right-of-way line an arc distance 01 561,3a feet to the
South right-of-way Una of 116th Street; lhe1"lte South 89 degrees 20 minutes 15 seconds Ea~l on said
South right-of-way 316.68 feet to the said Wesl right-Ol-way line: thence Soulh 43 degrees 51 mfnutes 50
seconds East 34.00 feet (this end the next COUl1ae are on saId West tlght...of-way \(ne); thence South 1
d~ree 36 minutes 40 seconds West 530.75 feet to the Place Of 6eginnlng.
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Zionsville,lN 460n
EMAIL: sbd@asignbydesign.com
PHONE: 317-876-7900
FAX: 317-802-5670
Specifications:
1. Fabricate and installl) D/F illuminated
cabinet sign. Lite with Flourescent Bulbs.
2. Colors are to be American Tradition
(Copper Melon)
3. Sizes are as shown.
4. Tenant Panel Faces to be routed with (White
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4725 W. 106th St.
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EMAIL: sbd@asignbydesign.com
PHONE: 317-876-7900
FAX: 317-802-5670
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3. Sizes are as shown.
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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
A SIGN BY DESIGN IS NOT RESPONSIBLE FOR RUNNING ANY MAIN POWER LINES TO INSTALLED SIGNAGE,
A SIGN BY DESIGN WILL CONNECT SIGNAGE TO ELECTRICAL IF IT IS LOCATED WITHIN 5' OF THE INSTALLED SIGNAGE