HomeMy WebLinkAboutApplicationTingley, Connie S
From:
Sent:
To:
Cc:
Subject:
The following Docket Nos. have been assigned to the Development Standards Variance petitions filed by Thomas H.
Engle of Barnes Thornburg on behalf of Tom Wood Hyundai RE located at 4620 E 96th Street:
Docket No. V -40 -03
Docket No. V -41 -03
Docket No. V -42 -03
Docket No. V -43 -03
ZO 25.07.02 -08(a)
ZO 25.07.02 -08(b)
ZO 25.07.02 -08(b)
ZO 25.07.02 -08(b)
The Total Filing Fee for these petitions is $1380.00
Butler, Angelina V
Friday, April 25, 2003 1:57 PM
Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Babbitt, Pamela
A; Stumpf, Andrea G
Hollibaugh, Mike P; Dobosiewicz, Jon C; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I;
Hancock, Ramona B
Docket No. Assignment: East 96th St. Auto Park, Lot 3 (V -40 -03 to V- 43 -03)
Jaguar Icon Sign
6 identification signs
5 identification signs oriented S
1 identification sign oriented E
$655.00
$72.50 x 5 $362.50
$72.50x 4 $290.00
$72.50
These Items appeared on the April 16, 2003 agenda of the Technical Advisory Committee.
These Items will appear on the Monday, June 23, 2003, agenda of the Board of Zoning Appeals under Public Hearings.
Mailed and Published Public Notice needs to occur no later than Friday, May 29, 2003. PLEASE NOTE THAT BZA
NOTICE IS TO BE PUBLISHED IN THE INDIANAPOLIS STAR.
The Proof of Notice will need to be received by this Department no later than noon, Wednesday, June 18, 2003. Failure
to submit Proof of Notice by this time will result in the automatic tabling of the petition to the Monday, July 28, 2003,
agenda of the BZA.
The Filing Fee will need to be received by this Department no later than noon, Friday, June 13, 2003. Failure to submit
the Filing Fee by this time will result in the automatic tabling of the petition to the Monday, July 28, 2003, agenda of the
BZA.
Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, June 13,
2003. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday,
July 28, 2003, agenda of the BZA. Please refer to the Development Standards Variance Instruction Sheet for minimum
contents of the Informational Packet.
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 Mr. Engle of Barnes Thornburg at 317/231 -7499 (fax: (317) 231 -7433) with this information.
Sincerely,
Angie Butler
Planner
Division of Planning Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032 p 317.571.2424
1
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: April 25, 2003
TO: Thomas Engle, Barnes Thornburg
FAX: 231 -7433
FROM: Connie
Attached hereto are 2 pages, including this cover letter, 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 is the filing information for Tom Wood Hyundai RE located at 4620 E 96 Street.
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 the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) 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 retum of the forwarded documents to us.
APPLICATION FOR BOARD OF ZONING APPEALS ACTION Ap d
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
c 2 4 7
DO
FEE: Mete-for the first plus or ach additional section of the ordinance be i n g varied. s )y
v`
DOCKET NO. DATE RECEIVED: I:5;T
1) Applicant: Wood Hyundai RE, LLC d /b /a Tom Wood Jaguar /Land Rover /Volvo
Address:
3) Applicant's Status: (Check the appropriate response)
X (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the propert
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Project Name: Tom Wood Jaguar /Land Rover /Volvo Phone: 848 8888
3003 E. 98th Street #201, Indianapolis, IN 46280
Engineer /Architect: Michael Bal ay, Bal ay Architects
Attorney: Thomas H. Engle, Barnes Thornburg
Owner's address:
5) Record of Ownership: Warranty Deed
Deed Book No. /Instrument No. 200100000289
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
Page: Purchase date: January 2 2001
Phone: 845 -9402
Phone: 231 -7499
/oes-acivervey
a3 77 DSki
17/ D 3
6) Common address of the property involved: 4620 E. 96th Street
Legal description: jot 3 in F. 96th Street Auto Park, per plat 200100000285
Tax Map Parcel No.: 16- 14- 08- 00 -05- 003.000
7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request).
Petitioner requests variances from Sections 25.701 and 25.702 -8 of the Carmel
Clay Sign Ordinance to install the signage described on Exhibit A, attached.
Page 1 of 8 Developmental Standards Variance Application
8) State reasons supporting. Developmental Standards Variance: (Ad nally, complete the attached question
sheet entitled "Findings of Fact Developmental Standards Variance
See attached Exhibit B.
9) Present zoning of the property (give exact classification): B Business
10) Size of lot/parcel in question: 12:178 acres acres
11) Present use of the property: undeveloped
12) Describe the proposed use of the property: auto dealership
13) Is the property: Owner occupied X
Renter 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.
SU- 53 -00, SU -54 -00 and SU -55 -00 were previously approved relative to the
overall Auto Park
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
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Tom Wood Jaguar /Land Rover /Volvo
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty-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, two methods of notice are
recommended:
1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to 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.)
Page 2 of 8 Developmental Standards Variance Application
STATE OF INDIANA
SS:
Signed:
AFFIDAVIT
Thomas H. Engle
(Please Print)
I, hereby swear that I am the owner /wotraatcgwrskveeexof 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 testimony.
for Marion County, State of Indiana, personally appeared
(Notary Public's county of residence)
rtl 10 2003
(Bov.parityxe,evxeR A. y,xxxkbaornvofxtorccesx) Date
County of Marion Before me the undersigned, a Notary Public
(County in which notarization takes place)
Thomas H. Engle and acknowledge the execution of the foregoing instrument this
aPP awyaniuk, Attorney, erc>B 1Mdrxdfc>katlitlatt)
10 day of A 2003
(SEAL)
Notary Public Signature
c A. s t o «r
Notary Public Please Prin
My commission expires:
Page 4 of 8— Developmental Standards Variance Application
loo
BARNES ÞBURG
Thomas H. Engle
(317) 231 -7499
Email: tengle @htlaw.com
Dear Ms. Butler:
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Angie Butler, Planner
Department of Community Services
City of Carmel
Carmel City Hall, Third Floor
One Civic Square
Carmel, Indiana 46032
RE: Tom Wood Jaguar/Land Rover/Volvo; 4620 E. 96 Street
V- 40 -03, V- 41 -03, V- 42 -03, V -43 -03
11 South Meridian Street
Indianapolis, Indiana 46204 U.S.A.
(317) 236-1313
Fax (317) 231-7433
http: /www.btlaw.com
June 18, 2003
Last evening, June 17, 2003, the Carmel Plan Commission approved the development
plan and ADLS application filed as Docket No. 68 -03 DP /ADLS. This approval was subject to
two conditions which affect the above listed variance petition for the same project. Those
conditions were the deletion of two signs: the Jaguar "Leaper" statute and the Land Rover
"Indianapolis" sign. These two signs are denominated as Sign B4 and Sign B8 in our
application.
I am enclosing a revised Exhibit A indicating that these two signs have been deleted.
Please consider this letter our request to amend Docket No. V -41 -03 and V -42 -03 accordingly.
In addition, this letter is our request that the variance application filed as Docket No. V -40 -03
(Sign B4) be withdrawn.
Enclosure
Thank you for your assistance.
Lawrence E. Lawhead
(NDSOI THE 594538vI
Sincerely,
•y
Thomas H. Engle
Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C.
EXHIBIT A Amended
Application for Development Standards Variance
reed.
0 19 -D3
Tom Wood Jaguar /Land Rover/Volvo requests a Development Standards Variance for
the signage package for its new dealership on East 96 Street. Applicant proposes to erect signs
on the property as follows:
Sign B1: "VOLVO" logo identification sign, wall mounted, comprised of individual blue
letters, internally illuminated, totaling 17.5 square feet in area.
Sign B2: "LAND ROVER" logo identification sign, wall mounted, internally illuminated
white letters on green background, totaling 30.0 square feet in area.
Sign B3: "JAGUAR" logo identification sign, wall mounted, comprised of individual
smoked bronze letters, illuminated (back -lit), totaling 22.13 square feet in area.
logo, non illuminated, totaling 19.83 square feet in ar a.
Sign B5.1: "PARTS" identification sign, wall mounted, comprised of individual black
letters, non- illuminated, totaling 8.2 square feet in area.
Sign B5.2: "JAGUAR" service entrance identification sign, wall mounted, comprised of
individual black letters, non illuminated, totaling 2.92 square feet in area. This is
an Exempted sign per Section 25.7.01 -3(c) of the Carmel Clay Sign Ordinance.
Sign B5.3 (two each): "VOLVO" service entrance identification sign, wall mounted,
comprised of individual black letters, non illuminated, totaling 2.84 square feet in
area. This is an Exempted Sign per Section 25.7.01 -3(c) of the Cannel Clay Sign
Ordinance.
Sign B5.4: "LAND ROVER" service entrance identification sign, wall mounted,
comprised of individual black letters, non illuminated, totaling 2.92 square feet in
area. This is an Exempted Sign per Section 25.7.01 -3(c) of the Carmel Clay Sign
Ordinance.
Sign B6: "TOM WOOD" dealer identification sign, wall mounted, comprised of
individual smoked bronze letters, illuminated (back -lit), totaling 29.68 square feet
in area.
Sign B7 (two each): "SERVICE" identification sign, wall mounted, comprised of
individual black letters, non- illuminated, totaling 2.92 square feet in area. This is
an Exempted Sign per Section 25.7.01 -3(c) of the Carmel Clay Sign Ordinance.
Sign B8: "INDIANAPOLIS" (Land Rover) city identification sign, wall mounted,
comprised of individual white letters, internally illuminated, totaling 10.62 square
feet in ar
Sign S1: Traffic directional sign, non illuminated, 3' -0" above ground level, black letters
on tan background, sign area totaling 2.5 square feet in area. This sign complies
with the definition of "traffic directional sign" in Section 25.7.01 -2 of the Carmel
Clay Sign Ordinance and per Section 25.7.01 -3(e) is an Exempted Sign.
For a Single Tenant Building, Section 25.7.02 -8 of the Ordinance permits one (1) sign for each
frontage. The Dealership has one frontage and is therefore permitted one sign.
1. Applicant requests variances to permit four (4) signs (Signs B1, B2, B3, and B6)
on the south frontage and one (1) sign (Sign B5.1) on the east frontage. Because the
dealership is located more than 300 feet from the right -of -way (96` Street) and has over
300 feet of frontage on a private street, the maximum sign area permitted is 150 square
feet. The total sign area of the signs on the south frontage is 99.31 square feet and the
total area of the sign on the east frontage is 8.2 square feet.
For a Single Tenant Building, Section 25.7.02 -8 of the Ordinance permits one (1) sign for each
frontage. Because the Dealership frontage faces south, no signs are permitted on other facades.
2. Applicant requests a variance to permit one (1) sign (Sign B5.1) on the east
facade.
INDS01 THE 576309v3
EXHIBIT A Amended
Application for Development Standards Variance
I
/P 4
4 /k
ao
Tom Wood Jaguar /Land RoverNolvo requests a Development Standard "Uariancei fo
the signage package for its new dealership on East 96 Street. Applicant proposes to erect sig
on the property as follows:
Sign B1: "VOLVO" logo identification sign, wall mounted, comprised of individual blue
letters, internally illuminated, totaling 17.5 square feet in area. W V> u')
Sign B2: "LAND ROVER" logo identification sign, wall mounted, internally illuminated
white letters on green background, totaling 30.0 square feet in area. (W(S 30. C;)
Sign B3: "JAGUAR" logo identification sign, wall mounted, comprised of individual
smoked bronze letters, illuminated (back -lit), totaling 22.13 square feet in area. ,W 0.S\
Sign B4: JAGUAR "leaper" statue sign, parapet mounted, comprised of a chrome jaguar
logo, non illuminated, totaling 19.83 square feet in area. h0g5 31_ S
Sign B5.1: "PARTS" identification sign, wall mounted, comprised of individual black
letters, non illuminated, totaling 8.2 square feet in area.
(was 5a5uu„ Seolite
Sign B5.2: "JAGUAR" s ervice entrance identification sign, wall mounted, comprised of
individual black letters, non illuminated, totaling 2.92 square feet in area. This is
an Exempted sign per Section 25.7.01 -3(c) of the Carmel Clay n Ordinance.
cwaS �iotuo Se✓vic.0 Si (_w4S i3.u>
Sign B5.3 (two each): "VOLVO "ieservice entrance identification sign, wall mounted,
comprised of individual black letters, non illuminated, totaling 2.84 square feet in
area. This is an Exempted Sign per Section 25.7.01 -3(c) of the Carmel C1ay
Ordinance. (was (3
C hd Cover Setv ce
Sign B5.4: "LAND ROVER" service entrance identification sign, wall mounted,
comprised of individual black letters, non illuminated, totaling 2.92 square feet in
area. This is an Exempted Sign per Section 25.7.01 -3(c) of the Carmel Clay Sign
Ordinance. (too S 1 3.44
Sign B6: "TOM WOOD" dealer identification sign, wall mounted, comprised of
individual smoked bronze letters, illuminated (back -lit), totalin 29.68 square feet
in area. 3`1
Sign B7 (two each): "SERVICE" identification sign, wall mounted, comprised of
individual black letters, non- illuminated, totaling 2.92 square feet in area. This is
an Exempted Sign per Section 25.7.01 -3(c) of the Carmel Clay Sign Ordinance.
X LEI 2x2)= Uaa S,
INDS01 THE 576309,,2
Sign B8: "INDIANAPOLIS" (Land Rover) city identification sign, wall mounted,
comprised of individual white letters, internally illuminated, totaling 10.62 square
feet in area. ((t,Jos 03
Sign S1: Traffic directional sign, non illuminated, 3' -0" above ground level, black letters
on tan background, sign area totaling 2.5 square feet in area. This sign complies
with the definition of "traffic directional sign" in Section 25.7.01 -2 of the Carmel
Clay Sign Ordinance and per Section 25.7.01 -3(e) is an Exempted Sign.
For a Single Tenant Building, Section 25.7.02 -8 of the Ordinance permits one (1) sign for each
frontage. The Dealership has one frontage and is therefore permitted one sign.
1. Applicant requests variances to permit six (6) signs (Signs B1, B2, B3, B4, B6
and B8) on the south frontage and one (1) sign (Sign B5.1) on the east frontage. Because
the dealership is located more than 300 feet from the right -of -way (96 Street) and has
over 300 feet of frontage on a private street, the maximum sign area permitted is 150
square feet. The total sign area of the signs on the south frontage is 129.76 square feet
and the total area of the sign on the east frontage is 8.2 square feet.
For a Single Tenant Building, Section 25.7.02 -8 of the Ordinance permits one (1) sign for each
frontage. Because the Dealership frontage faces south, no signs are permitted on other facades.
2. Applicant requests a variance to permit one (1) sign (Sign B5.1) on the east
facade.
For a Single Tenant Building, Section 25.7.02 -8 of the Ordinance permits wall, ground and roof
signs. The Volvo "leaper" statue sign is parapet mounted and does not fit the definition of wall
sign, ground sign or roof sign.
3. Applicant requests a variance to permit one (1) parapet mounted sign (Sign B3).
EXHIBIT B
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 facility is located in a commercial district and the signs are oriented away from non-
commercial areas. In addition, the facility is screened from nearby residential areas by
extensive landscaping and greenbelt.
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 facility is located in a commercial district and the signs are oriented away from non-
commercial areas. In addition, the facility is screened from nearby residential areas by
extensive landscaping and greenbelt.
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 proposed development includes three auto manufacturer franchises in a single
structure, each of which requires an individual identification sign as well as a sign for the
dealership name. In addition, there are four different service bays which require identification
to direct customers to the appropriate franchise entrance. The requested variance is necessary
for the applicant to comply with the various franchise branding requirements and design
criteria.
INDS01 THE 576305v1