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Home My WebLink AboutCorrespondence NELSON & FRANKENBERGER .JAMES .L NELSON CHARLES D. FRANKENBERGER .JAMES E. SHINA VER LA WRENCE 1. KEMPER JOHN B. FLATT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 www.nf-Iaw.com I'REORIC LAWRENCE OA VID J. LICHTENBERGER JESSICA S OWENS Of COllllSel JANE B. MERRILL June 13,2008 ".-.J ' ,- . Via Hand Delivery to: Angie Conn City of CarnIel One Civic Square Cannel, IN 46032 RE: KFC/Taco Bell - Development Standards Variances Docket No. 08050007 V through 08050017 V Dear Angie: For the upcoming BZA hearing on June 23, 2008, enclosed are eleven (11) copies of the infomlational brochures. Should you have any questions or comments, please do not hesitate to call me. As always, we much appreciate your help. Very truly yours, NELSON & FRANKENBERGER, PC c7 4....- ;'. '--->... Charles D. Frankenberger CDF/bjt enclosures 1-1:\BCl:k~'\Zlmil1g & Rc~ll:i~l<ltc Ma(tc~\YIJIllI3r;Hlij5\Ur lC' A COIl1ll)tjI2Ufl,doc < u u NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINA VER LA WRENCE 1. KEMPER JOHN 8. FLATT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 www.nf-Iaw.com FREDRIC LAWRENCE DAVID J. UCl-ITENBFRGER JESSrCA S. OWENS or Counsel JANE B. MERRILL May 9,2008 //\~ " I r'~_ .-.~, '~--' . :~ -(;..' RECENEO '\\'~ I' ,"_ Mfl."! - 9 2GCB _\ \~\' DOCS / <. . ..-.. '". . . ...:{~ ..;,- ,~+" ~.' , '. I i ~ i I \ l(Q./' ----- ~ Carmel Department of Community Services Attn: Clu'istine Barton Holmes One Civic Square Cannel, IN 46032 RE: Development Standards Variances for KFC/Taco Bell on Michigan Road Dcar Christine: Enclosed you will tind an application for 11 development standards variances, comprising (i) two variances pertaining to parking, (ii) three variances pertaining to landscaping, and (iii) six variances pertaining to signage. Each of these 11 variances is described, in detail, on Exhibit B attached to the application and also attached to this letter. Regarding the variances, I think it would be helpful to schedule another time to meet to discuss the various requests. Please place this matter on the agenda of the Board of Zoning Appeals for the hearing scheduled for June 23, 2008. In this regard, on May 16, 200S, we will file our applications for DP approval and ADLS approval and, in cOllilection with all tiled applications, we will make T AC distribution on May 16, 2008, and appear before the Technical Advisory Committee on June 18, 2008. After your review this, please call me with any comments or suggestions you may have. As always, we much appreciate your help. Thank you. Very truly yours, NELSON & FRANKENBERGER, PC C?~ Charles D. Frankenberger CDF/bjt fl:mcckylZonillj1, &.RCiJI ~:iL'1tC; MFHtC-r,,\Yum ArRfuhil.tr 10 C R H"lm~~ IL;I]Qi)R,doc .' u u EXHIBIT B 1. Parking variances are as follows: A. Per section 27.08 of Cam1el's Zoning Ordinance (the "Zoning Ordinance"), a restaurant, with walk-up/drive-through food sales, is required to have I parking space per 50 square feet. Per this section, we would be required to have approximately 59 parking spaces. Out site plan provides for 36 parking spaces. B. Per Section 23 C.II G of the Zoning Ordinance, a restaurant drive-through is required to have a minimum number of IO spaces for stacking, measured from the pick-up window. Our site plan provides 8 spaces for stacking. 2. Landscape Variances are as follows: A. Regarding foundation plantings, Section 23 C.10.02 of the Zoning Ordinance requires a minimum planting area, on all sides of the building, to be a minimum of 5 feet in width; provided, however, that a planting strip, adjoining a parking area located in the front yard adjoining U.S. 421, must be 10 feet in width. We are requesting variances to allow (i) 5 feet along the north and south facades, 5 feet (versus 10 feet) along the west fa9ade, and no foundation plantings along the east fayade adjacent to the drive-through. B. Per section 23 C.08.03 (B) of the Zoning Ordinance, the northern buffer of the site, between the site and business zone or development to the north, is required to be 15 feet, and our site plan provides for 6.6 feet. C. Per section 23 C.IO.03 of the Zoning Ordinance, a 6 foot wide planting along the perimeter of the parking lot is required and, per our site plan, this planting area tapers to less than 6 feet along the east. 3. Sign Variances - Carmel's Sign Ordinance pennits either a wall sign or a monument sign, and one menu board. We are proposing two wall signs on the southern fayade, two wall signs on the western fa9ade, a menu board, and a preview bOal"d in addition to the menu board. The variances required will include the following: u u A. A variance from Section 25.07.02 - 08(a) of the Zoning Ordinance to allow a monument sign in addition to wall signs. B. A variance from Section 25.07.02 - 08(b) of the Zoning Ordinance regarding the number of signs, to allow four wall signs, instead of one wall sign. C. A variance from Section 25.07.02 - 08(e) of the Zoning Ordinance regarding the location of signs, to allow wall signs on the southem elevation. In this regard, we need to detell11ine whether adjacent streets are public or private. D. Variances from Section 25.07.02 - 08 (c) of the Zoning Ordinance regarding the size of the wall signs. E. Section 25.07.05 of the Zoning Ordinance penllits a menu board to be 16 square feet in size and 16 feet in height. The proposed menu board is larger and taller, requiring a variance. F. A variance from Section 25.07.05 of the Zoning Ordinance allowing a preview board which is 28 square feet in size, and 6 feet 8 inches in height. rl:\[h:<:J:y\Zo.ling & Rc;J1 Eslil(c rvlaUers'lYum Bi;'UIIJs\V,uiall(;CS E.\plan;;limulm::