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Conn, Angelina V
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From: Conn, Angelina V
Sent: Thursday, March 15, 2007 2:45 PM
To: Tingley, Connie S
Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan,
Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B;
'jmolitor@prodigy.net'; Boone, Rachel M.; Stewart, Lisa M; 'PReis@boselaw.com'; Duncan, Gary R
Subject: Docket No. Assignment: (V) The Corner- Signs (#07030021-25 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers and fees for (V)
Pinnacle Pointe - Signs.
Docket No. 07030021 V
Docket No. 07030022 V
Docket No. 07030023 V
Docket No. 07030024 V
Docket No. 07030025 V
Total Fees:
They will be the following:
$1,056.00
$ 500.00
$ 500.00
$ 500.00
_$ 500.00
$3,056.00
The Corner - Signs
The applicant seeks the following development standards variance approvals:
Docket No. 07030021 V Section 23F.13.01.A ground sign prohibited in overlay
Docket No. 07030022 V Section 25.07.02-9.b total number of signs
Docket No. 07030023 V Section 25.07.02-9.b number of tenants shown on ground sign
Docket No. 07030024 V Section 25.07.02-9.d ground sign height
Docket No. 07030025 V Section 25.07.02.10.e location within proposed road right of way
The site is located at the southwest corner of 116th St. & Range Line Rd. The site is zoned B-3/Business within the
Carmel Dr - Range Line Rd Overlay.
Filed by Paul Reis of Bose McKinney & Evans LLP.
Petitioner, please note the following:
1. This Item does not need to appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, March 29. Published notice is required
within the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see attached pdt.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, April 20. 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, April 13. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition to the May agenda.
5. This Item will appear on the April 23, 2007 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-at-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.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Reis can be contacted at 684-5369 or PReis@boselaw.com.
Department's Review Comments: Petitioner,_Rlease complete the follOWing:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 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:
publ icnotices@indystar.com).
2.) Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office.
3/15/2007
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3) Provide filled out Notice of Public Hearing (p<.:lge 5 of the application).
4.) Provide filled out and notarized the Petitioner's Public Notice Affidavit (page 6 of the application).
5.) Provide filled out and notarized Public Notice Sign placement Affidavit.
6.) Please make checks payable to the City of Carmel.
7.) Please show distance the sign encroaches into the proposed road right of way.
8.) Make sure Findings of Fact sheets are filled out and provided for each variance request
9.) Contact the Engineering Dept at 317-571-2441 for the 'Consent to Encroach' approval process to have the sign within
the proposed road right of way.
10.) Provide a parking breakdown chart to show that the removal of the parking spaces will not make the site non-
compliant.
Thank you.
Angie Conn, Planning Administrator
3/1512007
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U CITY OF CARMEL - CLAY TOWNSHIU
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.
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. 0"1 D7;;002/ - '1-'7
DATE RECEIVED:
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1 )
Applicant:
Corner Associates, L.P.
Address:
30 S. Meridian Street, Suite 1100, Indianapolis, IN 46204
2)
Project Name: The Corner Retail Center
Phone: 317-577 -5600
Engineer/Architect: Richard Kelly, EMH & T, Inc.
Phone: 317-913-6930
Address:
7400 N. Shadeland Avenue, Suite 150, Indianapolis, IN 46250
Attorney: Paul G. Reis, Bose McKinney & Evans LLP
Phone: 317-684-5369
Address:
301 Pennsylvania Parkway, Suite 300. Indianapolis, IN 46280
Sign Architect: Gail Romine, A Sian by 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
Pages 662-665
Purchase date:
Novem ber 18, 1986
6) Com mon address of the property involved: SW Corner 116th Street East and Ranqeline Road
Legal description:
Tax Map Parcel No.:
16-13-01-00-00-013.000
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7)
State explanation of requested DevelopmentStandards 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.D1 A - Ground Siqn - to allow for new Ground signs for "Grandfathered" property in
Ranqeline Road Overlav Zone
25.07.02-9(b) Number of SiGns - to allow for tenant names on qround sian
25.07.02-9(b) Ground SiGn that will not include all tenants - to allow sians to include onlv
certain tenants
25.07.02-9 Hei ht of Ground Si ns - to allow si n alon Ran eline Road where rade
elevation causes heiGht to exceed standard
25.07.02-9(e) location of siGn - 5 feet from riqht-of-wav per Thorouqhfare Plan to allow siqn
to be 5 feet from existinq riqht-of-way
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 Rangeljne Road Overlay Zone was
adopted and Ground siqnaqe is critical to the success of the center; (2) new and updated qraund signs with
tenant names is necessary to properly, adequately and safely identify the tenants in the center to the traffic
alonq 116th Street and Ranqeline Road; (3) to comply with the siqn ordinance and to avoid larger qround
siqns, only certain tenants will have panels on the qround siqns; (4) the Grade elevation of RanGeline Road
and the qrade elevation of the site of the qround siqn base creates a situation that will cause the
measurement from the base of the siqn to the top of the siGn to exceed the allowable heiqht standard: and
(5) the location of the siqn with respect to the riqht-of-wav shown on the Thorauqhfare Plan would cause
the siqn to be located in the present permitted parkinG area or in a drive aisle which would create a severe
difficulty and safety hazard.
9) Present zoning of the property (give exact classification): B-3! L D RR ()'1W\ ~
10)
11 )
12)
13)
Size of lot/parcel in question:
4.2 acres
Present use of the property:
Retail/Commercial shoppinq 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 already 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.
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17) If the proposed variance is granted, who will operate and/or use the proposed 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, tvvo 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 tvventy-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, TH IS
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 supportinq 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 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.
3/9/07
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 his/her voluntary act and deed
Molly A. Stuckey
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, MClli Y A. STUCKEY
:; -riamilton County
My ,Commission E:xpires
, October 19, 2009
Expires:
October 19, 2009
My County of Residence:
Ham ilton
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
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 qround siqns will be located on the site to avoid any interference with pedestrian or vehicular traffic and
will enhance the appearance and value of the 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 new qround siqns will enhance the appearance and value of this retail center and are consistent with
other qround siqnaqe currently in place alonq Ranqeline Road
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:
(1 } this is a retail center that was in existence at the time that the Ranqeline Road Overlay Zone was
adopted and qround siqnaqe is critical to the success of the center; (2} new and updated qround signs with
tenant names is necessary to properly, adequately and safelv identify the tenants in the center to the traffic
alonq 116th Street and Ranqeline Road; (3) to comply with the sign ordinance and to avoid larger qround
siqns, only certain tenants will have panels on the qround siqns: (4) the qrade elevation of Ranqeline Road
and the qrade elevation of the site of the qround siqn 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 heiqht standard; and
(5} the location of the siqn with respect to the right-of-way shown on the Thoroughfare Plan would cause
the siqn to be located in the present permitted parkinq area or in a drive aisle which would create a severe
difficultv and safety hazard.
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)_
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4725 W. 106th 81.
Zionsville, IN 46077
EMAIL: sbd@asignbydesign.com
PHONE: 317-876-7900
FAX: 317-802-5670
Specifications:
1. Fabricate and install 1 ) 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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5. Made with .063 Aluminum.
6. We will connect power if within S:
7. Decorative Brick Base By Others.
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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
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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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1. Fabricate and install 1 } D/F illuminated
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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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PARKING SPACE TO
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EXHIBIT PREPARED BY:
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Er-\gineers . surveyors . Planner" . Scien1i~15
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Suite 150, ~ndi~napali<::;. IN4'l3250
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116TH STREET
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SIGN LOCATION EXHIBIT
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11600 WESTFIELD BOULEVARD
CARMEL, INDIANA 46032
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