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CLARIAN HEALTH PARTNERS and
VELOCITY SPORTS PERFORMANCE
SIGNAGE
Sign Variance Application and Request to
Modify a Prior Zoning Commitment
Docket No. 08020007V
City of Carmel
BZA Hearing Officer Meeting 5:30 pm - March 24, 2008
Applicant: Clarian Health Partl1ers
c/o Lynn Wininger Smith
V eloci ty Sports Perfonnance
c/o Molly Powell
Attorney: Nelson & Frankenberger
c/o James E. Shinaver 844-0106
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T ABLE OF CONTENTS
]. Explanation
2. Aerial photograph ofreal estate in context of the surrounding area
3. Site plan
4. Rendering of proposed ground sign and explanation of sign building materials
5. Photographs of existing Velocity Sports Performance wall sign
6. Copy of prior zoning commitment to the Board of Zoning Appeals regarding the
number of pern1itted signs for the site
7. Proposed Findings of Fact for variance request and modification of prior zoning
commitments
8. Proposed Certification by Board of Zoning Appeals Secretary Modifying the prior
zoning commitment
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EXPLANATION OF REQUEST
Velocity Sports Perf01111anCe ("Velocity Sports") occupies a building that is
located west of Rangeline Road and south of Cannel Drive ("Building"). The common
address of the property is 1402 Chase Court and the zoning classification for the parcel is
M-3 Manufacturing.
Velocity Sports offers sports training services and facilities to its clients. To allow
this use, Velocity Sports obtained a use variance from the Board of Zoning Appeals
("EZA") in 2006. Velocity Sports currently has a wall sign on the northern elevation of
the Building. In this regard, it is relevant to note that the Sign Ordinance, for a use
allowed by a use variance, only pennits either a ground sign or a wall sign.
Further, by way ofbackgroulld, in 1997 the prior owner of the property obtained a
sign variance from tIle BZA to pennit a wall sign on the northem elevation of the
Building. This wall sign required a variance because the sign was placed on an elevation
that did not have frontage to an adjacent public right of way. As part of this prior 1997
BZA approval, the prior owner executed a zoning commitment that limited the number of
signs for this particular site to only one (1) sign. A copy of this zoning commitment is
included behind Tab 6.
Clarian Health Partners ("Clarian") will be sharing space in the Building with
Velocity Sports. Clarian plans to operate in the Building its "human motion" services
program that is designed for patient rehabilitation. The services offered by Clarian will
be complimentary and synergistic to the services offered by Velocity Sports.
In order to indentify Clarian's presence within the Building, they desire to
construct a ground sign near the entrance of the site adjacent to Chase Court, as depicted
on the site plan that is included hehind Tab 3. However, in order to allow the ground
sign, Clarian is requesting a variance from the Sign Ordinance, as well as a modification
of the prior 1997 zoning commitment.
Absent a variance and a modification of the prior zoning commitment, Clarian
will be unable to provide notice to its patients and customers as to its location and
servIces.
Included behind Tab 7 are proposed Findings of Fact and behind Tab 8 is a
proposed Celiification by the BZA Secretary modifying the prior zoning commitment.
We look forward to presenting this matter to the BZA Hearing Officer at the March
24th BZA Healing Officer meeting.
J-l:I,Bl'tk:lI.ZoJIlllg & R.~I E,u,c M~ttcrs\lr'win Ullioll'll:xpldIl<ltic:m,doc
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Cross reference: Commithlents Conceming the Use and Development of Real Estate recorded
on May 6, 1998, as Instrument Number 98-09823522 with the Recorder of Hamilton County,
Indiana.
CERTIFICATION OF BOARD OF ZONING APPEAl.S ACllION
:MODIFYINGPRlOR ZONING COMMITMENT
On March 24,2008, the Hearing Officer for the Board of Zoning Appeals for the City of
Cannel, Indiana (hereafter, "Hearing Officer") conducted a hearing regarding docket number
08020007V regarding a request for signage (hereafter, "Hearing").
As part of this Hearing, the Hearing Officer granted a request to modify a prior zoning
conill1itment, a copy of which is attached hereto and incorporated herein by reference as Exhibit
"A", to al10w the applicant to have an additional sign for the real estate legally described as
follows:
Lot 5 of Block 12 of Cannel 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 thereof recorded November 20,
1986 in PIal book 13, pages 65-71 in the Office of the Recorder of Hamilton County, Indiana
(hereafter "Real Estate").
The Real Estate is comll1only known as 1402 Chase Court, Cannel, Indiana 46032.
Secretary of Carmel Board of Zoning Appeals
By:
Connie Tingley, Secretary of Cannel Board of Zoning Appeals
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STATE OF INDIANA )
) SS:
COUNTY OF )
Before me the undersigped; a Notary Public in and for said County and State, personally
appeared COlmie Tingley as Secretary of the Carmel Board of Zoning Appeals, and having been
duly sworn, acknowledged execution of the foregoing Certification of Board of Zoning Appeals
Action Modifying Prior Zoning Commitments.
Witness my hand and Notarial Seal this
day of
,2008.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
This document prepared by: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street,
Suite 170, Indianapolis, IN 46280.
After recording, retUTI1 to: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street,
Suite 170, Indianapolis, In. 46280.
Pursuant to IC 36-2-11-L5(b)(2), I affiml under the penalties of perjury that I have taken
reasonable care to redact each Social Security number in this document, unless required by law.
James E. Shinaver.
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