HomeMy WebLinkAboutApplication
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Sent:
To:
Cc:
Thursday, February 14, 20024:09 PM
Johnson, Sue E; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S
Hollibaugh, Mike P; Dobosiewicz, Jon C; Hahn, Kelli A; Keeling, Adrienne M; Kendall,
Jeff A; Brewer, Scott I
Bauer Commercial Park - Penske Honda (V-13-02)
Subject:
Docket No. V-13-02 has been assigned to the Developmental Standards Variance petition
(Section 25.7.02-7: Special Use & Use Variance Signs; (c): Maximum Sign Area) filed by Charles
D. Frankenberger of Nelson & Frankenberger on behalf of Dan Young Motors, LLC, for Bauer
Commercial Park - Penske Honda.
The Filing Fee for this petition is $630.00.
This Item will not appear on a Technical Advisory Committee agenda.
This Item will appear on the Monday, March 25, 2002, agenda of the Board of Zoning Appeals
under Public Hearings.
Ten (10) informational packets will need to be delivered to BZA Secretary Ramona Hancock no
later than noon, Friday, March 15, 2002.
Proof of Notice will need to be delivered to the Department no later than noon, Friday, March 22,
2002.
Mailed and published Public Notice will need to be accomplished no later than Thursday,
February 28, 2002.
The night of the meeting, the petitioner needs to bring seven (7) collated copies of the completed
Findings-of-Fact form with the Ballot Sheet attached (Docket No., petitioner & date info filled in).
Sue Ellen, please contact Mr. Frankenberger at (317) 844-0106 [fax: 846-8782] with this
information. ,.
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Laurence M. Lillig, Jr. "-
Planning & Zoning Administrator ~
Department of Community Services
City of Cannel
One Civic Square
Carmel, IN 46032
Phone: 317.571.2417
Fax: 317.571.2426
lIilliq@cLcarmel,in,us
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Carmel, IN 46032
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICA TION FOR BOARD OF ZONING APPEALS ACTIO~
DEVELOPMENTAL STANDARDS V ARIANCE REQUES1RtCO\!~?\...
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DOCKET NO. i ~\~~'d-- DATE RECEIVED: ;~:'0 UOCS
1) Applicant: Dan Young Motors. LLC d/b/a Penske Honda
Address: 3210 East 96th Street Indianapolis. Indiana 46280
2)
Project Name: Penske Honda
Engineer/ Architect: Archutura
Phone:
Phone:
814-4404
348-1000
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Attorney: Charles D. Frankenberger
Phone: 844-0106
3) Applicantis Status: (Check the appropriate response)
(a) The applicanfs name is on the deed to the property
(b) The applicant is the contract purchaser of the property
---X... (c) Other: Applicant is a tenant
4) If Item (3) (c) is checked, please complete the following:
Owner of the property involved: 4140 E. 96th Street L.L.C.
Owner's address: 3950 Priority Way S. Dr.. Suite 105. Indianapolis. IN 46240 (573-3810)
5) Record of Ownership: See Exhibit "A" attached
Deed Book NO./Instrument No.
200100053308
Page:
Purchase Date:
August 22. 200 I
6) Common address of the property involved: 4100 E. 96th Street. IndianapoLis. IN 46280
Legal description: See Exhibit A
Tax Map Parcel No.: 16-14-08-00-00-022.103
7) State explanation of requested Developmental Standards Variance: (State what you want
to do and cite the section number(s) ofthe Carmel/Clay Zoning Ordinance which applies
and/or creates the need for this request).
See Exhibit "B"
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8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact-Developmental Standards
Variance")
See Exhibit "e"
9) Present zoning of the property (give exact classification): B-3
1 0) Size of lot/parcel in question: 5.26 acres
11) Present use of the property: Automobile sales. service. and repair
12) Described the proposed use of the property: Automobile sales. service. and repair
13)
Is the property:
Owner occupied
Renter occupied ,f
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.
Docket No. S14-87: SUA-21-00; SUA-28-00: V-22-00; V-23-00~ V-24-00; V-25-00:
V-26-00; V-27-00~ V-29-00; V-30-00; V-31-00; V-32-00; V-100-01: V-101-Q!;
V-I02-0!; V-103-01
15) Has work for which this Application is being filed already started? If answer is yes, give
details:
No
Building Permit Number: Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately followinl? approval
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
The Applicant. its successors and assigns. and subsequent owners ortlle real estate.
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NOTE:
LEGAL NOTICE shall be published in the NoblesviUe Dailv Ledger a MANDATORY twenty-five (25)
days prior to the public hearing date and should be published in the next available publication date of the Carmel
News- Tribune. The certified "Proof of Publication" affidavit of both newspapers must be available for inspection
the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDA TORY; two methods of
notice are recommended:
I) CERTIFIED MAIL ~ RETURN RECEIPT REQUESTED sent to adjoining and abutting 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) DA YS PRIOR TO PUBLIC
HEARING DA TE.
The applicant understands thaI docket numbers will not be assigned until all supporting infomlation has
been submitted to the Department of Community Services
The applicant certifies by signing this application that he/she has been advised that all representations of
the Department of Community Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordinance and/or the legal advise of his/her attorney.
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C~ankenberger
Attorney for Applicant
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me, a Notary Public, in and for said County and State, personally appeared Charles D.
Frankenberger, Attorney for Applicant, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this grit day of FE13,Rt//fR- Y , 2002.
My Commission Expires:
,S- -If - c2,1JO' f'
to If-it;
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Residing in /V1 Itfl-r;J;J County
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EXHIBIT" A"
LEGAL DESCRIPTION
A part of Ihe South Half of lhe Southwest Quarter of Section 8, Township 17 North, Range 4 East Mthe Second
Principal tvlcridian in Clay Township ofllamilton County, Indiana. being more particularly described as follows:
Commencing at the Southwest comer of [he SOlllhwest Quaner of Seclion 8, Township 17 North, Range 4 East ot' the
Second Principal Meridinn in Clay Township of Hamill on Counl)', Indiana; thence North 90 degrees 00 minutes 00
seconds East (Assumed Bearing) along the south line thereof] 260.00 feet to a point being on the East line of
Lakeshore Drive East extended; thence North 00 degrees 00 minutes 00 seconds East along said extended right-of-way
line 55.00 feet to an iron pin on the North right-of-way line of East 96'h Street and the POINT OF BEG INN ING of the
following described real. estale; .
.'..thence North 90 degrees 00 minutes 00 seconds East parallel with the soulh line of said quarter section and along said
North right-of-way line 352.92 feet to an iron pin; thence Nonh 00 degrees 00 minutes 07 seconds West 652.34 feet to
3 point; thence South 89 degn:es 59 minutes 53 seconds West 12,48 feet to the southwest c.6mer of a masonry wall;
thence North 00 degrees 00 minutes 07 seconds West along said masonry wall and the northern extension thereofa
distance of 176.31 feet to an iron pin on the South right-of-way of Bauer Drive East as recorded in Miscellaneous
Record 159, pages 33-35 in the Office ot'the Recorder of Hamilton County, (ndiMa; thence South 89 degrees 51
minut~s 41 seconds West along said right-oF-way 228.21 feel to an iron pin on the East right-of-way of Lakeshore
Drive East; thence South 00 degrees 08 minutes 19 seconds East along said right-of-way 337.90 feel 10 an iron pin at
the point ofcurvalure of a curve to the right having a radius of380.00 feet and a long chord whi.ch bears South 12
degrees 48 minutes 37 seconds West 170.30 feet from said poin~ thence along said curve t~ the right an arc distance of
171.76 feet to an iron pin at the point oFtangency thereof; thence South 25 degrees 45 minutes 35 seconds Wesl along
s..1id right-of-way 100.00 Feet to an iron pin at the point of curvature of a curve to the left having a radius of 320.00 feet
and a long chord which bears South 12 degrees 52 minutes 47 seconds West 142.66 feet from said point; thence along
said curve 10 the len an arc distance of 143.87 feet 10 3n iron pin at the point of tangency thereof; thence South 00
degrees 00 minutes II seconds East along said right-of-way 95.00 feet to the Point of B<:ginning.
Containing 5.26 Acres, more or less. -
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EXHIBIT B
EXPLANA TION OF REQUESTED
DEVELOPMENTAL STANDARDS VARIANCE
Penske Honda, formerly Dan Young Honda, occupies approximately 11 acres located on the
northeast comer of Lakeshore'Drive and 96th Street, on which there are two adjacent buildings. It
is zoned B-3 and has received special use approval for automobile sales, service, and repair. The
building on the east half of this 11 acre parcel is Penske Honda - new car sales, and the building on
the west half ofthe 11 acre parcel is Penske Honda - pre-owned sales and body repair. This variance
request pertains to the latter building, occupying the west half of the 11 acre parcel.
Variances are requested for the south elevation, Penske Honda - pre-owned sales and body
repair building, as well as the west elevation. Each is discussed below:
1. South Elevation. Per a variance granted last year, a 90 square foot sign, including a blue
Honda logo and the word "Certified", also in blue, was approved. This variance request is
made for the sole purpose of changing the word "Certified" from blue to red, and changing
the font from printing to cursor. The revised sign is shown on Exhibit "0".
2. West Elevation. Per a variance granted last year, a 105 square foot, blue sign, including the
words "Paint and Body Shop Entrance" was approved. In that there are two doors, it is
Penske's desire to state twice the word "Entrance" and, therefore, to obtain approval of a sign
which is 123.5 SF as shown on Exhibit "E".
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EXHIBIT "C"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Dan Y Dung Motors, LLC
FINDINGS OF FACT - DEVELOPMENTAL 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 request is to provide location, directional and
advertising information to the Petitioner's clients and customers.
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 surrounding uses are commercial in
nature and the purpose of the request is to provide location, directional and advertising
information to Petitioner's clients and customers.
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 it will hamper the Petitioner's ability
to provide clear and identifiable location, directional and advertising infonnation to
Petitioner's clients and customers.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental
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
.2002.
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).
H:\Janel\Dan Young Chevy\Body Shop\Var. App. 020802.wpd
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JAMES J,. NELSON
Cl:lARLES D. ~ERGER,
JAMEs E. SI:lINA VER
lAWRENCE J.'KEMPER
JOBNB.FLA'IT
of CQunsel
JANE'S; J\1ERRlLL
NELSON
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FRANKENJJERGER
A PROFESSIONAL CORPORATION
ATIOmrEYS,AT-!AW
February 25, 2002
Laurenc.e M.. I)l1ig
C.armcl Dcpai1:Jl1ei1t,of COll'l!111Jnity Services
011~ Civic Square
Carmel IN 46032
Re: Penske Honda - ~/ge
Dear Laurence:
v
.3021 EAsr 98th STREET
SiJrrE220
IN.~lANAPOus,lNDlANA 46280
317-844-0106
FAX: 317-846-8782
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Endo.sed for the fj:Ie i.s the Ownef.s Consent. Should you have any questions or'comments,
please qJl. Thanks,
CDF/jh'l-v
Enclosure
1-r:I,JmlCI\Dan - 'r:hung Chcvy'f3('1c1y.'shop\l..illig Ilf {)Z~50::!:'~",v~.l
Very truly yours,
NELSON & FRANKENBERGER
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Charles D, Frankenberger
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATI'OIlNEYS-AT-LAW
3Q21:EAsT 98th STREET
C IN()IAN~~~~;;~NA 46280
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Laurence TVI, t.il1ig
C'a1;mel Department of Com11111nity Services
One, Civic Square
Carmel IN 46032
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CONSENT
, The undersigned, the 4140 East 961h Street,L.L.C., hereby consents and authorizes Nelson &
Frankenberger, P.C., and its lawyers, and Dan Young Motors, LLC d/b/a Penske Honda and its
representatives, to represent the Owner before the Board of Zoning Appeals of the City of Carmel,
Clay TO'W11ship, in connection with requests for sign variances for signs located upon the real estate
described in what is attached hereto and incorporated herein by reference as Exhibit A.
4140 EAST 96TH STREET, L.L.C.
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By:
H:\Jallel\lJall Young ChevylBod)' Shop'Owner Consent, wpd
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FrS 25 2002
DOCS
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EXHIBIT "A"
LEGAL DESCRIPTION
A pari oflhe South lIalf of the Southwest QUllrter ofSectilm 8, Township 17 North, Range 4 East of the Second
Principal Meridian in Clay Township of [lamilton County, Indiana. being more particularly described as follows:
Commeocing at the Southwest corner of the Southwest Quarter of Sectiun 8, Township 17 North, Range 4 East of the
Second Principal Meridian in Clay Township ofJ-/amihon County, fndiana; thence North 90 degrees 00 minutes 00
seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a point being on the East line of
Lakeshore Drive East extended; thence North 00 degrees 00 minutes 00 seconds East along said extended right-of-way
)irte 56'.J)Gh.fe-et to'.~:l..ifn~.'p~r~.c;n the t,JOI1hdght-of-wny line-cf East-.96!h Street and thcPOH'~T OF BEG Ir--INfNC of the .
following described real estatc;
,;
""'thence North 90 degrees 00 minutes 00 seconds East parallel with the south line of said quarter section and along said
North right-of-way line 352.92 feet to an iron pin; thence North 00 degrees 00 minutes 07 seconds West 652.34 feet to
a point; thence South 89 degrees 59 minutes 53 seconds West 12.48 feet to the southwest corner of a masonry wall:
thence North 00 degrees 00 minutes 07 seconds West along said masonry wall and the northern extension Lhereofa
distance of 176.31 feet 10 an iron pin on the South right-of:'way of Bauer Drive East as recorded in Miscellaneous
Record 159, pages 33-35 in Ihe Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 51
minutes 41 seconds West along said right-of-way 228.21 feet to an iron pin on the East right-of-way of Lakeshore
Drive East; thence South 00 degrees 08 minutes 19 seconds East along said right-of-way 337.90 feet to an iron pin at
the point of curvature of a curve to the right having a radius of 380.00 feet and a long ehord which bears South 12
degrees 48 minutes 37 seconds West 170.30 fcet from said point; thence along said curve to. the right an arc distance of
171. 76 fcct to an iron pin at the point of tangency thereof; thence South 25 degrees 45 minutes 35 seconds West along
said right-of-way 100.00 feet to an iron pin at the point of curvature of a curve to the left having a radius of320.00 feet
and a long chord which bears South 12 degrees 52 minutes 47 seconds West 142.66 feet from said point; thence along
said curve to the left an arc distance of 143.87 fcct to an iron pin at the point of tangency thereof; thence South 00
degrees 00 minutes II seconds East along said right-of-way 95.00 feet 10 the Point of Beginning.
Containing 5.26 Acres, more or less. '
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SPECIFICATIONS
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D GR,OUND 0 SiF
D POLE D D/F
D WALL D V-SHAPED
D BOARD D ILLUMINATED
D DOORIWINDOW D INTERIOR
D VEHICLE 0 EXTERIOR
GENERAL DIM. H_ L_ Depth_
OAH
OTHER:
~ '1"ERIAbS /, COLORS~i~
irI" Ior'i-
MATERIALS-
SUBSTRATE
COpy
o ROUTED
o SANDBLAST
COLORS-
FACE
COpy
o VINYL
D PAINTED
D ACRYLIC
o TRIM.CAP
INSTALl D YON
METHOD
,ELECTRICAL ' ~trf
n"
D WIRED UL 0 Y D N
D NEON 0 DB 0 PK
TYr-
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~ H'" SeECIAL NOTES' ,~~w
FONT:
ARTWORK CLEAN(ED) 0 YON
OTHER:
5006 W. 96th ST., Indianapolis, IN 46268
(317) 733-9333 FAX: (3m 733-9337
E-MAIL: SIGNS@IND.CIOE.COM
BUILDING SIGNAGE
9'X 10' = 90 Sq.Ft.
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SPECS:
1. TO FABRICATE AND INSTALL ONE SET
S/F NON-ILLUMINATED
CHANNEL LETTERS.
2. SIZES AND STYLES AS SHOWN.
3. LOGO TO BE HONDA BLUE, "CERTIFIED" TO BE RED.
4. ALL CANS TO HAVE DEPTH OF 5"
5. WE WILL INSTALL USING ALUMINUM STUDS TO AVOID
RUSTING.
Client I Job Name
Design Specifications Accepted By DISK#B46
Landlord Date
HONDA
Location
E. 96TH STREET
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JDesign
File Name:
bldg
Drawn By:
Sales Rep:
BEV MILLER DATE 11/05/01 OPTION#
jj[.o[~,09'~PrP[erolSIGNSB1DE~lillifMY&MRI~llm~1TolajJ1 Revision # SCALE:
Client
Date
ERC
SPECIFICATIONS
, 'uk.SIGN ltTVPE"" '''i:t
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o GROUND 0 SIF
o POLE 0 DfF
o WALL 0 V-SHAPED
o BOARD 0 IllUMINATED
o DOORJWINDOW 0 INTERIOR
o VEHICLE 0 EXTERIOR
GENERAL DIM. H_ l_ Depth_
OAH
OTHER:
~L.::'''TERIALS I COLORS~~;
~FlIALS. . .
SUBSTRATE
COpy
o ROUTED
o SANDBLAST
COLOR5-
FACE
COPY
o VINYL
o PAINTED
o ACRYLIC
o TRIM.CAP
INSTALL 0 YON
METHOD
, ELECTRICAl' -~',~
o WIRED Ul 0 YON
o NEON 0 DB 0 PK
TYPE:
oC,:
r:~,'SI1ECI.A.L NOTES tiilt
FONT:
ARTWORK ClEAN(ED) 0 YON
OTHER:
5006 W. 96th ST., Indianapolis, IN 46268
(317)733-9333 FAX: (317) 733-9337
E-MAIL: SIGNS@IND.CIOE.COM
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Signh--
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JI Paint & Body Shop
1.+= Entrance ^ Entrance
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ALL LETTERS TO HAVE L-CLlPS
WITH 211 STAND OFF FROM WALL
SQUARE FOOTAGE = 123.5
SPECIFICATIONS:
1. TO FABRICATE AND INSTAll ONE SET OF INTERNAllY
IllUMINATED CHANNEL LETTERS.
2, ALL LETTERS TO BE MFG FROM 5" BRUSHED ALUMINUM
3, THE FACES WILL BE MFG FROM 3/6" ACRYLIC IN THE
HONDA BLUE, THEY WilL BE FINISHED WITH A SILVER
TRIM CAP TO FORM THE FACE OF THE lETTER.
4, All lETTERS WILL BE IILLUMINATED WITH NEO NEON
TUBING,
5. WE WILL INSTAll OVER THE PAINT AND BODY SHOP
ENTRANCE USING All U.l. APPROVED COMPONENTS.
6. WE WILL CONNECT THE ELECTRICAL AT THE TIME OF
INSTALLATION IF POWER IS AVAilABLE TO THE SIGN.
7. WE WIL NOT RUN THE MAIN POWER LINE.
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Clienll Job Name
DAN YOUNG HONDA
4140 E. 96th St.
Design Specifications Accepted By DISK# B46
Landlord Date
location
Sales Rep:
BEV MILLER
DATE
OPTION #
Client
Date
IhiSDra~iog~~r9Pe.rtY;pr~I,G]~~tOfS~Nl~D~]OO~~I!9nl~mipl Revision #
SCALE:
File Name:
bodyspec
Drawn By:
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NELSON
&
FRANKENBERGER
A PROFESSIONAL 'CORPORATlON
ATTORNEYS-AT~J,AW
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JAM:ESt.J. NELSON
CHARLES.D. FRANKENBERGER:
JAME''i,E. SHINAVER'
LAWRENCE J. KEMPER
ofcOl.IIl,~el
JANE B. MERRILL
3021 EASr:.981h STREET .
Sum:,220' . .
lNDlA.NAPOLlS, INDIANA,'462S0
317-844-0106 ,
.FA:K;.3!7~-8782
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February 872002
Jon Dobosiewicz
Cannel Department of Community Serv:ices.
One Civic Square-
Cannel, IN 46032.
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Re:, Penske Honda - Modif"i'cations ofV:uiance;,> to Pre-Owned Honda Building
. Dear Jon:
Enclosed istheapplication by which Penske Honda isrequesting some mindr modifications
to. some variances. granted Last.year. PLease place this on the. Board of Zoning Appeals, agenda for
public hearing to occur on March 27, 2002. Thanks for your help.
Very truly yours,
NELSON ~ FRANKENBERGER
~~
Charles D. Frankenberger
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Enclosure
f.l:Vane!\Dan Young:Chevy\Boily:Shop\Dobosiewicz itr'O~Og02.wpd