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Boone,RacheIM.
From: Boone, Rachel M.
Sent: Wednesday, February 13, 2008 3:31 PM
To: 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
Gc: 'Charlie Frankenberger'
Subject: Docket No. Assignment: (V) Clarian HealthNelocity Sports - Signage (#08020007 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Clarian
HealthlVelocity Sports. Signage. It will be the following:
Docket No. 08020007 V
Total Fee:
$572.50
$572.50
(V) Clarian HealthlVelocity S'ports - Signage
The applicant seeks the following development standards variance approval:
Docket No. 08020007 V Section 25.07.02-10 (b) Number of signs
The site is located at 1402 Chase Ct. and is zoned M-3 - Manufacturing park district for unified preplanned
manufacturing and other compatible land uses within a park like setting, up to 20% residential. Filed by Charlie
Frankenberger of Nelson and Frankenberger.
-
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, February 28. 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 (see attached pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, March 14.
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 NOONLFriday, March 14. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the April 28 agenda of the BZA.
5. This Item will appear on the March 24, 2008 agenda of the Hearing Officer 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, Ohly fill out docket number, petitioner, and dale
(Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Frankenberger can be contacted at 317 -844-0106.
Department's Review Comments; petitioner, Rlease comRlete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. 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.) Please make checks payable to the City of Carmel.
3.) Please provide filled out and notarized placement of public notice sign affidavit.
4.) Please provide the Adjacent Property Owners list and proof of notice from the Indy Star.
2/19/2008
City of Carmel
One Civic Square
Carmel, IN 46032
317 -571-2417 fax 317-571-2426
Invoice No.
107
INVOICE !!!!!!!!!
Customer
Name Clarian Health / Velocity Sports Signage
Address 1402 Chase Ct.
City Carmel State IN ZIP 46032
Phone
Date
Order No.
Rep
FOB
2/13/2008
Qty I Description Unit Price TOTAL
I
1 Hearing Officer Variance fee (Docket #08020007 V) $572.50 $572.50
Please return one copy with payment.
Please make check payable to:
City of Carmel
and mail to the attention:
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
Total $572.50
Payment Details $0.00
0 Cash
0 Check
100Iiee Use Only
City of Carmel, Department of Community SelVices
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RECf/VED
Fes - 8 2008
DOCS
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $8500 for each additional section of
the ordinance being varied.
All Other $1,090,00 for the first variance, plus $515.00 for each additional section of the ordinance being
varied OR see Hearing Officer Fees
DOCKET NO.
O~O~OOOI
v
DATE RECEIVED:
"%,~ ~ ,? 08
1) Applicant: Clarian Health Partners
Address: c/o Lvnn Wininger Smith - See Exhibit "An for Contact List
2) Project Name: Clarian Sionage for Velocitv Sports Performance buildino
Sign Contractor: Chad Smith of Sign-a-Rama - See Exhibit "An Contact List
Attorney: Charles D, Frankenberger and Jim Shinaver
Contact Person: See Exhibit "A" Contact List
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other - The applicant is a tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: 5333 East 1461h Street LLC
Owner's address: See Exhibit "A" Contact List
5) Record of Ownership:
Deed Book No./lnstrument No. See Attached Tax Card
Page:
Purchase date:
6) Common address of the property involved: ,1402 Chase Court. Carmel. In
Legal description: See Exhibit "B"
Tax Map Parcel No,: 16-09-36-00-02-004005
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),
See Exhibit "Cn - Explanation of SiQn Variance Requests
Page 1 of 8- z:lsharedlformslBZA applicationsl Development Standards Vanance Application rev, 0110312006
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact-Development Standards Variance").
See Exhibit "0" - Findinqs of Fact
9) Present zoning of the property (give exact classification): M-3 (Manufacturinq)
10) Size of lot/parcel in question: Approximatelv 2 acres
11) Present use of the property: Velocitv Sports Performance
12) Describe the proposed use of the property: To allow the current use and to also allow Clarian
Health Partners to have offices and facilities within the building
13) Is the property: Owner occupied
Renter occupied X (property will be tenant occupied)
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.
Applicant will also be seekinq Amended ADLS approval and vacation of prior zoning
commitments to the BZA.
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number: NA
Builder: NA
16) If proposed appeal is granted, when will the work commence?
Immediately upon obtaining all required approvals
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
The Applicant. its successors, assigns and tenants
NOTE: LEGAL NOTICE shall be published in the Indianapolis Slar a MANDATORY twenty-five (25) days prior 10 Ihe
public hearing dale. The certified "Proof of Publicalion" affidavit for the newspaper musl 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 10 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 Ihe adjoining and abutting property
owner acknowledging the twenly-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 IWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all supporting information has been submitted to
the Department of Communit" Services.
Page 2 of B-z:IsharedlformsIBZA appllcatlon.1 Development Standards Variance Application rev 0110312006
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AFFIDAVIT
I, hereby swear that I am the authorized by 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. I, the undersigned.
authorize the applicant to act on my behalf with regard to this application and subsequent hearings and
testtmony. ---~~~"-")
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7
rogram Development and Business
Dated: C2 - "7 ~C)B
STATE OF INDIANA
SS:
County of
m Cln ~ Before me the undersigned, a Notary Public
(County in which notarization takes place)
County, State of Indiana, personally appeared
d acknowledge the execution of the foregoing instrument this
torney, or Power of Attorney)
day of
F U::J rl,LCL{ d
,20 06
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Notary PUbliC--Si911~~Ur~ ~ - ,.
(SEAL)
fflrne~ L. J.,I~C~)..-t.
Notary Public--Please Print' c c" c..
My commission expires:
3- a I-I d...
Page 3 of 8- z;\shercd\lormsIBZP. applloaUons\ Development Standards Varianc.e Application ro', 0110:J/2(]06
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EXHIBIT A
Lot 5 of Block 12 of Carmel Science and Technology Park, an Addition to the City of
Carmel, Hamilton County, as per plat thereof recorded May 8, 1997 in Plat Cabinet 1,
Slide 773 as Instrument No. 97-17793, being a part of Block 12 of Carmel Science &
Technology Park, an Addition to the City of Carmel, Hamilton County, as per plat
thereofrecorded November 20, 1986 in Plat book 13, pages 65-71 in the Office of the
Recorder of Hamilton County, Indiana.
II\!Jrad\BP Sporn, LLONutice-B7,AO I 2306.doc
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EXHIBIT "B"
CQNT ACT LIST
1. APPLICANT:
Cladan Health Partners
C/o Lynn Wininger Smith
1801 N. Senate Blvd. MPC 1, Suite 404
Indianapolis, In. 46202
962-4552 - phone
962-2589 - fax
I winin ger(w,c larian. org
BP Sports, LLC for
Velocity Sports Performance
C/o Molly Powell
1402 Chase Court
Carmel, In. 46032
848-5867 - phone
848-5865 - fax
m lloweIlra)"elocitvsp.com
2. OWNER
5333 East 146tl1 Street LLC
C/o Gary Runyon
410 West Carmel Dtive
Carmel, In. 46032
3. ATTORNEYS
Nelson & Frankenberger
Charlie FrankenbergerlJim Shinaver
844-0106 - phone
846-8782 - fax
Charlie@nf-Iaw.com:jims(a)nf-Iaw.com
4. SIGN CONTRACTOR
Sign-A-Rama
C/o Chad Smith
indvwest@si2narama.com
Page 5 of 8- z:\shared\formsIBZA applications\ Development Standards Variance Application rev. 0110312006
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EXHIBIT "e"
EXPLANATION OF REQUEST
The Applicant, Clarian Health Partners ("Clarian") will be a tenant in a building that is
located on a parcel that is approximately 2 acres in size and is located west of Rangeline Road
and south of Cannel Drive ("Building"). The common address of the property is 1402 Chase
Comi and the zoning classification tor the parcel is M-3 Manufacturing.
The Building is currently occupied by the Velocity Sports Performance business
("Velocity Sports"). Velocity Sports previously obtained a use variance from the Board of
Zoning Appeals in 2006 to penn it its business to operate in the Building. Velocity SpOlis
Performance offers sports training services and facilities to its clients.
Clarian has entered into a lease agreement whereby it will be sharing space in the
Building that is currently occupied by Velocity Sports. Clarian plans to operate in the Building
its "human motion" services program designed tor rehabilitation purposes for Clarian's patients.
As part of Clarian' s desi red use of the property, they desire to construct a ground sign
advertising their location and services to the public. Velocity Sports currently has a wall sign on
the nOlihem elevation of the building. Further, a prior owner of the property executed a zoning
commitment to the Bomd of Zoning Appeals in 1997. A copy of this zoning commitment was
included within the application submittal10r this request.
In order for Clarian to construct its ground sign, they require a variance from the Sign
Ordinance, as well as an amendment to the prior 1997 zoning commitment to the Board of
Zoning Appeals regarding the permitted signage on the property.
Page 6 of 8- z:\shared\forms\BZA appllcations\ Development Standards Variance Application rev 0110312006
Harqilton Co., IN - Online Reports
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Disclaimer:
The information available through this program is current as of Dee 17th, 2007.
PLEASE NOTE!! This information is as Dee 17th 2007, and will not be updated until year end maintenance has been con
will announce on our Home Page when daily updates resume.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for I
accuracy. It may not reflect the Cl.lrrent information pertaining to the property of interest.
I Parcel No: 16-09-36-00-02-004.005 II I
Property Address: Deeded Owner: 5333 East 146th Street LLC
o Chase CT Owner Address:
Carmel, IN 46032 410 Carmel Dr W
CARMEL, IN 46032
Legal Description: CARMEL SCIENCE & TECH 1/7/97 SPLT FR RELIASTAR A LIFE INS FR 004.000 9700647 5/8/97 9717793 PLATTED
I Section/Township/Range: 36/18/03 I
I Subdivision Name: CARMEL SCIENCE & TECH I
[ Block: 12 I
I Deeded Acres: 2 I
I Political Township: Clay I
I Lot Number(s): 5 I
Most Recent Recorded Date: 5/12/2005
(Recorded Date might be due to a variety of changes; such as annexation, right~of~way, split, or deed.)
J [i . .W[ing;ta)(s~i3t~m<?l1t,;-d [ ; .ta,){paYJne!lt~ oJ b,.,.PI'Op~f~YSar[J
[ .. .Jall tax'statement L]
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I
@ 2005 Hamilton Co.
Website 5ugQestions or Issues I Conditions of Use I Privacv Polic,y. I Site MaQ I Technical HeiR 1 HOME
@ 2006, Hamilton county, Indiana ~ all rights reserved.
http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno= 1609360002004005...
2/6/2008
HatIJsi.lton Co., IN - Online Reports
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Disclaimer:
This program allows you to view and print certain public records, Each report reflects information as of a specific date; so the inforrnatior
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for c
accuracy, It may not reflect the current information pertaining to the property of interest.
The information located on this web site is provided by Hamilton County, Indiana, Continued use of this web site is conditional upon your explicit accep
terms and conditions set forth in this disclaimer document. The data provided herein may be inaccurate or out of date, Any person or entity who relies '
information for any purpose whatsoever does so solely at their own risk. Neither Hamilton County, Indiana, or any agency, offices, or employee of any'
information provider warrants the accuracy, reliability, or timeliness of any of the data provided herein. This data is provided "as is" without warranty 01
Any, and all information contained on this web site report is ~e result of assessment data extracted on the most recent taxable year - March 1, 200
Improvement characteristics may differ from those used to determine the total assessed value listed,
Summary Information - Parcel Number: 16-09-36-00-02-004.005
Property Data Property Owner as of April' 30, 2007
Parcel Location CHASE CT,CARMEL 5333 East 146th Street LLC
Taxing Unit Carmel Most Recent Valuation as of March 1, 2006
Legal Description CARMEL SCIENCE & TECH 1/7/97 SPL T Assessed Value: Land 265400
FR RELIASTAR Assessed Value: Improvements 1211700
Section!T ownship/Range S36 T18 R03 Total Assessed Vaiue: 1477100
Subdivision Name CARMEL SCIENCE & TECH
Lot and Block Lot 5 Block 12
Acres 2
Effective Frontage
Effective Depth
Property Class Office Bldg - 1 or 2 store
Exterior Features and Out Buildings
1 Atrium, 1 Canopy, 1 Light Utility Storage, 1 Light Utility/Storage, 2
Paving,
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1
@ 2005 Hamilton Co.
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http://www.co.hamilton.in.us/applreports/rptpropcard.asp
2/6/2008
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RECENED
fEB - fl 2008
DOCS
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OWNER'S CONSENT AND JOINDER IN PETfTIONS
The undersigned, being the owner of the real estate described in what is attached_.
hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby
authorizes Clarian Health Partners and SP Sports, LLC (collectively, the "Applicant"),
along with its employees, and engineers, land planners, attorneys, and agents, as follows:
1. To file, with respect to the Real Estate, applications to obtain: (i) amended
architectural design, lighting, landscaping and signage ("ADLS Amend")
approval; (1i) amended development plan ("DP Amend") approval; and, (iii)
sign variances approval, and (iv) any other approvals that may be required or
deemed necessary by the Applicant to develop and utiLize the Real Estate
(collectively the "Approvals"); and
2. To pursue the Approvals before the Cannel Plan Commission and any
Committee's of the Plan Commission, and the Carmel Board of Zoning
Appeals, as well as any other body or agency that the Applicant deems
necessary or is required in order for the Applicant to utilize the Real Estate in
the maImer they deem appropriate.
Further to this Owner's Consent, the undersigned acknowledges that this Owner's
Consent shall constitute the execution by the undersigned of all petitions and applications
filed by the Applicant, now or in the future, in furtherance of the Approvals.
"Owner"
5333 East 1461h Street LLC,
an Indiana limited liability company
Date: 2.(7/ot
By: .
CARLA 'D. FAZEKAS
NOTARY PUBLIC
I ,~S EA.L
STATE OF INDIANA
My C9nm::ssi?~ Expires Jan. 16, 2015
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EXHIBIT A
Lot 5 of Block 12 of Carmel Science and Tecbnology Park, an Addition to tbe City of
Carmel, Hamilton County, as per plat thereof recorded May 8, 1997 in Plat Cabinet 1,
Slide 773 as Instrument No, 97-17793, being a part of Block 12 of Carmel Science &
Technology Park, an Addition to the City of Carmel, Hamilton COUllty, as per plat
thereofrecorded November 20, 1986 in Plat book 13, pages 65-71 in the Office of the
Recorder of Hamilton County, Indiana.
H:'brad'Dr Sports, LLCNotice-I3ZAO I 2306.doc
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CARMElICLA Y ADVISORY BOARD OF ZONING APPEALS
vi CARMEL, INDIANA
Docket No.: ffbOtoeO;!an Variance for Ground Sian and Amendment to Prior BZA Siqn Commitments
Petitioner: Clarian Health Partners and its successors. assiqns and tenants
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 real estate is zoned M-3 (Manufacturing) and is not adiacent.to any residential uses.
Instead. the property is surroundinq by other office, retail and commercial ,uses. The proposed
sian will be compatible with other sianaoe in the qeneral area. Due to the foreqoinq reasons, the
requested sign variance and amendment to prior BZA commitments will not be iniurious to the
public health. safety. morals and qeneral 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:
In addition to the rationale set forth in Response No.1 above.. the use and value of the
area adiacent to the property included in this request will not be affected in a substantially
adverse manner because the proposed sign will he compatible to other signage in the
area. the proposed sign is intended to provide adequate notice to its customers and the
property is located in an area that is surrounded by other businesses and offices.
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:
In addition to the rationale set forth in Responses No.1 and No.2 above, strict
application of the terms of the Zoning Ordinance will result in practical difficulties in the
use orthe property because onlv one (1) sign is permitted by right, hut the building itself
occupies two (2) tenant businesses that have a need to properly and adequately provide
notice of their location and services to their potential customers.
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).
Page 8 of 8- z:\.haredlform.IBZA appllcation.1 Development Standards Variance Application rev 01/03/2006
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EXHIBIT "D"
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
ocr- 0 ~()OO 1 vi
Petitioner: Clarian Health Partners
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
,20
DATED THIS
DAY OF
Board Member
Page 7 of 8- L:IsharedlformslBZA applicatioM\ Development Standards Variance Application rev. 01/03/2006
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BRUST ENTERPRISES, INC.
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I Red Sunset Maple
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NO~THWESTERH N.6,TIO\..JAL
LIFE INSURANCE COMPAI'-lY
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5 i>warr
1 Aristo(
3 Dwarf
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Proposed Site Plan With Existing Landscape
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RECEIVED
FEB 20 ~'1{18
Stucco Finish Textu re is
1 OO~/o aggregated acry~ic
Schedule 40 ste,e1
pipe ;$ inserted i to
'the emoadded'
PVC S~f:H~~ves: in
LI,e structure on-
sUe. Ste'e'~ pipes
are secured ~'w1lh
an expandiflg
foam product.
Peachtree proprietary hajd coal
provides a prote.cli'tJe shell offering
superior limpacl resistance
- Dura ble, lighl-
!Neighl fo.anl
GOfeis rl1adeof
ex pa,nded poly-
styrene (EPS)
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Pour conoret.e fonda-lion to...-.:- :
the depl,~h as required by' your
tocal sign ;~ode.
Peachtree Clty~Fcanlcraf'
Standard Modef"#11
. Easy to ropoir if un1ik(lty damage og.ourSr
. ligbt.vailghL.. iJati)r 10 v~nspor1., IlD n90d lorheaY,Y 9~iPmOOt
· . Stlperfor Oura~biIly -4=ade, \\vea'her 611d rnsect resrs~8rJt fBlish.