HomeMy WebLinkAboutApplication
u
u
Tingley) Connie S
From:
Sent:
To:
Cc:
UlIig, Laurence M
Friday, September 27, 2002 2:09 PM
Fahey, Joyce D; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S
Hollibaugh, Mike P; Oobosiewicz, Jon C; Lawrence, Kelli A; Keeling, Adrienne M; Kendall, Jeff
A; Brewer, Scott I; Hancock, Ramona B
Docket No. Assignment: Merchants' Pointe, Lot 6 (V-170-02)
Subject:
The following Docket No. has been assigned to the Development Standards Variance petition filed by James J. Nelson of
Nelson & Frankenberger on behalf of Merchants' Pointe Associates, LLC, for property located at 2325 Pointe Parkway
(Merchants' Pointe, Lot 6):
Docket No. V-170-02 ZO 25.7.02-1 O(b )(i)
three (3) ground floor tenant identification signs $630.00
The Total Filing Fee for these petitions is $630.00.
. These Items will not appear on an agenda of the Technical Advisory Committee.
. Mailed and Published Public Notice needs to occur no later than Thursday, October 3, 2002. PLEASE NOTE THAT
BZA NOTICE IS TO BE PUBLISHED IN THE INDIANAPOLIS STAR.
. Proof of Notice will need to be received by this Department no later than noon, Friday, October 18, 2002. Failure to
submit Proof of Notice by this time will result in the automatic tabling of the petition to the Monday, November 25, 2002,
agenda of the BZA.
. Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, October
18, 2002. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the
Monday, October 25, 2002, agenda of the BZA.
. This Item will appear on the Monday, October 28, 2002, agenda of the Board of Zoning Appeals under Public Hearings.
· The petitioner will need to provide seven (7) fully filled-out Findings-of-Fact sheets (DSV application, Sheet 8) for each
petition the night of the meeting for the Board's use. Petitioner must also remember to fill out only the Docket No.,
Petitioner, and date on each Ballot Sheet (DSV application, Sheet 7) for the Board. The Findings-of-Fact and Ballot
Sheets must be collated.
Connie, please contact James J. Nelson of Nelson & Frankenberger at 317/844-0106 (fax: 317/846-8782) with this
information.
Laurence M. Lilhg, Jr.
Planning & Zoning Administrator
Division of Planning & Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317/571-2417
fax: 317/571-2426
llillig@ci.carmel.in.us
1
u
u
City of Carmel
Department of Community Services
One Civic Square
Carmel. IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE: September 19, 2002
TO: Jim Nelson
FAX: 846-8782
FROM: Connie
Attached hereto are 2 pages, including this coverletter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached are the Docket number, Filing Fee and other information for Merchants' Pointe,
Lot 6, 2325 Pointe Parkway.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of Ihe sender. The information contained in the material is privileged and is intended only for
the use of the individuates) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return olthe forwarded documents 10 us.
II r.
f
.,-;
u
u
..........-1'-1-.., I"-r.""
,~ . \ \_'~-L .' ~
;/.. :J>-'--- ~..l.. '\z< ^
CITY OF CARMEL - CLAY TOWNSHIP " >' It ":. /->.\
HAMILTON COUNTY, INDIANA . . C,t.\~t\) '~-\
APPLICA TlONFOR BOARD OI ZONING APPEALS ACT.JON ~~ ~ 1..~~1.:
, C':t\.;J , -!
DEVELOPMENTAL STANDARDS SIGN VARIANCE REQUESTo \)IJ\.;::'
DOCKETNO
DATE RECEIVED:
I) Applicant: Merchallts Pointe Associates. LLC (The Linder Co)
Address: 8555 River Road. Indianapolis. IN 46240
2)
Prqject Name: Office/Retail Building
Engineer/ Architect: Carson Design
Phone: (317) 844-5313
Phone: 843~5979
Attn: Barbara Eden
Attornev: James J. Nelson
Phone: 317/844-0 I 06
3) Applicant's Status: (Check the appropnate 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 O\vncrsbip:
Deed Book No./Jnstmment No. 200100015729
Page:
Purchase date: March 29, 2001
6) Common address of the property involved: 2325 Point Parkway, Cannel. IN 46032
Legal description: Lot 6, Merchants Pointe
Tax Map Parcel No.: 17-14-06-00-00-006-000
7) State explanation of requested Developmental Standards Sign Variance: See Exhibit "A"
X) State reasons supporting the Developmental Standards Sign Variance request: (Additionally, complete the
attached question sheet entitled "Findings of Fact")
See Exh ibit "B" (Variance I)
9) Present zoning of the property: B-8 Business Distict
10) Size oflot/parcel in questIon: 1.8 ACRES +
II) Present use of the property: Undeveloped Commercial Lot
12) Described the proposed use of the property:. OffIce/Retail Building
u
~
u
13) Is the property: Owner occupied ~_
Renter occupied
Other
14) Arc there any restrictions, laws, covenants, variances, special uscs, 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.
No.
15) Has work for which this Application is being filed already started? If answer is yes, give details: NO
Building Permit Number: N/A
Builder: N/ A
16) If proposed appeal is granted, when will the work commence?
Immediately following 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 of the real estate.
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY nventy-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; 1\vo methods of
notice are recommended:
I) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting property
O\\l1ers. (The \vhite 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) DAYS
PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers wi II not be assigned until all supporting: information has
been submitted to the Department of Community Services.
The applicant certifies by signing this application that he/she has bcen 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/orthe legal advise of his/her attorney.
I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete
listing of the adjoining and adjacent property owners of the property described herewith.
See Exhibit D
FOR LIST OF PROPERTY OWNERS AND ADDRESSES SEE EXillBIT D-l.
u
u
AFFIDA VII
I, James J. Nelson, Attorney for the Applicant and Owner of the Property involved In this application
hereby s\:vear that the foregoing signatures, statements and answers herein contained and the information herewith
submitted arc in all respects true and correct to the best of my knowledge and belief.
ST ATE OF INDIANA )
) 55:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared James J Nelson,
Attorney for Applicant and Owner, and acknowledged the execution ofthc foregoing.
,2002.
WITNESS my hand and Notarial Seal dills
My Commission Expires:
Residing in
County
Printed
This documents prepared by:
NELSON & FRANKENBERGER
3021 E. 9~th SLreet, Suite 220
Indianapolis, IN 46280
1-I:IKELLY\!IM N\MERCIL\NTSrUINTEIDEV. STAND. SIGN V,\R1ANCl1 RTI~'LOTG.f)OC
u
u
EXHIBIT" A"
"
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS SIGN VARIANCE
The Applicant, Merchants' Pointe Associates, is the owner and developer of the 14.37
acre parcel of real estate commonly known as "Merchants' Pointe" and located at the southwest
corner of East 116111 Street on Keystone Avenue.
The Applicant has received approval from the Carmel Plan Commission to construct a
two-stO!)' 30,000 sq. ft. building on Lot 6 providing tor retail use of the first floor (maximum 3
retail tenants) and office use on the second floor Under the Carmel Sign Ordinance (Section
25.7.02-10) the building is c1assitied as a multi-tenant, multi-level building with one
identification sign permitted for each frontage on a public street. The Applicant is requesting a
variance to permit an identification sign for eaeh retail tenant on the North facia of the building
pursuant to the sign criteria established and approved by the Special Studies Committee of the
Plan Commission on August 5, 2002, and as amended.
u
u
EXHIBIT iOB"
Sign Variance
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Merchants Pointe Associates. LLC/(Lot 6)
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE
1. The approval of this Variance will not be injuries to the public health, safety, morals and
general welfare of the community because: The design, location and size of the wall
signage h~,s been approved by the Carmel Plan Commission as part of the ADLS
review proce.dure, and the sign is consistent and compatible with existing signage in
the area.
') 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 design, location and size of the
wall sign has been approved by the Carmel Plan Commission as pal't of the ADLS
review procedure, and the sign is consistent and compatible with existing signage 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 signage required for
sufficient business identification for the three (3) proposed retail tenants is not
available under the Carmel Sign Ordinance.
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 pali hereof.
ADOPTED, this
de,:)! qf
,2002.
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).
~
o
o
N
...
en
:s
a>>
:s
eI
a>>"
eel>>
.- >
"0
- ..
-a.
:Sa.
lDeI
el>>cn
J!...
=a
Oel
i-:fJI;.~
it,.
IIi!!
.
r~ I
ll,' ~
~:c~
I
~~
..z!ij
...,..::i 8
e
G)
....ca
c c
.- ca
0._
~
"
a.-a
- c
II)
~-~
",.,iifi.
!i,
q
-
...
ft
c
caG)
.ce
u
-
..
i,~
~11;;: '1(!
""~
..
G)ftI
:iU
'ill
~' I@jl
~ J
~'~i f
.
>1' ,~I
~
m Ii
sJ~ ~
Ii; I
'~'~'.
'Jpf
.t!
~;I'.l't
li;
':1
......... I.:~"" ~~,...... -_ .,,, ..n9" . W1fo ....'
.1/81J1X~ ~.ll$ 77"H~AO I
~
,S...ENVH.:JygN:: '()
__..~_~~.i
n
I
. \ I
!:i
~
~
'1
I
J
~ \.
\\
i ...
I '
, '
, ,
f ~ '
d
,
i
j ;-,
.I~
i ..:.
-I
, i
I
/.-~.
J 1'- -
",- --.j ;f \
.- L \
..n._n _.._..n.______~..~_.. ..._J. _~___'n
IV
..
~
.'.t.:'i
l
.I
:It
I::
:'!
-r
"e
till
-;!~
-\
:'l.
;.\(~.'=:..--~...;..;,.
-'.,
'_ I::.
:-- '::
I .
._._..::~~...... i:~..;.~.'-?i
, "
",II
,~~~;~
~-=--c::: ~ . -
..
"
~ .~
a
!II
----
..
II
~
'~'" ....:'\..'.:..,...0..
I . ,.~. '_ . , . '. _-- _ _..-, - - ,. ..';:",,:;"~.: :~:~~~.-~_.~,fF:i~_-......,:_~_<: '.-,::.,";':: .::'.' ~.'-,'_::~,:~'.'.' - ~;-.".,7:T ",
. " }:;~::-~;:.'.';,:-,f:'-:>:<" . ~ .
p" ..
,~l~:~':":~7r~~~.::;(':{r;-":'.,-"::".i
~
ill
~~::.~q<'Tq~~~:!""':.i"/~~-~,",-:""_'lo"'r~7.;,1;c...1t'.l
!!'I
..
II
'l'"
II
~
~
t
..
;:ij:;;
~!:!
o~
ll'
~~\,~ ,~
~\,~ ~
~ ,\>\),->S
Office Building
Requested ADLS Amendment August 2002
M h t s' P . t
e r c a n 0 I n e
0 f f . B . I d .
I C e u I I n 9
C I I d . I.: CI-
a r m e n I a n a
, . ~ -
\lIl ~.
THELlNDER
COMPANY ~ "",'''...1.
-- --- ... - - - -IN __ - - . - - - - ....--.. ~- - ~ --- "l
~ ~
1:. ill
~ .. '"
-
--
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL GORPORATION
ATTORNEYS-AT.LAW
w
JAMES J. NELSON
CHARLES D; FRANKENDERGER
JAMESE. SI:IINAVER
LAWRENCE,J"KEMPER
JOHN B. FLAn
ofmunsel
JANE' B. MERRILL
3021 EAsr 98th STREET
SUITE 220
IrlUIANAPoUS, INDIANA 46280
317-'844-0106
J:'AX: 317.846'-8782
August 27, 2002
-j'~ L I : :;;!:;> .
~, "~J>;..
\,..-.""'\
RfCE1VED
$.EP 3 2!JD,';
DOCS
.-'
, ";1
I" _,
Laurence M. LiJlig, Jr
.city of Cannel
Department of Co mrnu nity Developlnt:mt
Qrie Civic Squ,are
Carmel, IN 46032
I
.- ,
/J
'J
.." I
-" ~~ I
~
\ ~ .; ~
RE:M~rchants Pointe A:,;,:,;ociates - Let 6
Dear Lauretlce:
Please find enclosed. for filing with the Boan;! of Zoning Appeals, the application of
Merchants Pointe Associates requesting a Developmental Standards Sign Variance, to provide
for three (3) tenant signs on the 2~stClry building, to be constructed on Lot 6 of Merchants Painte.
Attached to the application ls. a drawing depicting the building asapprQved by the Special
Studies Committee ofJpePlan Gommission on August 5, 2002, Most notable is the provision for
up to three (3) retail tenants on the fi'I'st floor of the builcjing. After receipt of this application, I
wQuld appreciate your contacting r/leso t.hat we can discuss whether or not this application will
be presented ~9 the Board ono the heating officer. T appreciate your assistance, Thank you!
Kindest regards,
JJN/kat
Enclosure
.!i{I.~. .,!
"i
H .IK [',]" L YIJll'v]'N\{\)]E RCHANl 'S I'() I N lEI I_TR21)j LLIG .1,l~2702.DOC
II
j/