HomeMy WebLinkAboutApplication Tingley, Connie S
From: Butler, Angelina V
Sent: Friday, September 19, 2003 12:14 PM
To: Tingley, Connie S
Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz,
Jon C
Subject: Docket No. Assignment:( 2 DSVs) PennMark II- Wall Sign V -97 -03 #03090017 and V -98 -03
#03090018)
Connie,
Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary
Docket Numbers for DSVs) PennMark II -Wall Sign They will be the following:
V 97 03 #03090017 $655.00
V 98 03 #03090018 $72.50
Total Fee: $727.50
PennMark II Wall Sign
The applicant seeks to place a wall sign on the south elevation of the PennMark II building.
V #03090017 §25.07.02 -10(b) number of signs
V -98 -03 #03090018 §25.07.02 -10(b) sign not facing frontage
The site is located at 11555 N Meridian Street.
The site is zoned B- 6/Business and is within the US 31 Overlay Zone.
Filed by Lawrence Kemper of Nelson Frankenberger for Penn Mark, LLC.
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, October 2. Published
notice is required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 24.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie
Tingley no later than noon, Friday, October 17. Failure to submit Informational Packets by this time will
result in the automatic tabling of the petition to the Monday, November 24, 2003, agenda of the BZA.
5. This Item will appear on the October 27 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets for each petition the night
of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 7). Ballot sheets must be collated.
PETITIONER: refer to your instruction sheet for more details.
Please contact Mr. Kemper at Nelson Frankenberger at 844 -0106 (Fax: 846 -8782) with this information.
Once the file is updated please return it to my office.
Thank you,
Angie /c2/
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CITY OF CARMEL CLAY TOWNSHIP I Sf R
HAMILTON COUNTY, INDIANA 19 200a f
APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCS r
DEVELOPMENTAL STANDARDS SIGN VARIANCE REQUEST
DOCKET NO. DATE RECEIVED:
1) Applicant: Penn Mark, LLC
Address: 101 West Ohio Street, Suite 400, Indianapolis, IN 46204
2) Project Name: Two Perm Mark Phone: 317/684 -3456
Engineer /Architect: Phone: 317/637 -4567
Attorney: James J. Nelson/Lawrence J. Kemper Phone: 317/844 -0106
3) Applicant's Status: (Check the appropriate response) el tr°
x (a) The applicant's name is on the deed to the property )f)4
(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 Ownership:
Deed Book No. /Instrument No. 2001 00082750
Page: Purchase date: November 27, 2001
6) Common address of the property involved: 11555 North Meridian Street, Carmel, IN 46032
Legal description: See Exhibit "A (hereafter "Real Estate
Tax Map Parcel No.: 16- 13- 02- 00 -00- 007.004
7) State explanation of requested Developmental Standards Sign Variance: See Exhibit "B"
8) State reasons supporting the Developmental Standards Sign Variance request: (Additionally,
complete the attached question sheet entitled "Findings of Fact
See Exhibit "C" (Variance)
9) Present zoning of the property (give exact classification): B -6 Business District
1 0) Size of lot /parcel in question: 5 acres
11) Present use of the property: Office Building
12) Describe the proposed use of the property: Office Building Multi- level multi- tenant building
13) Is the property: Owner occupied X
Renter occupied X
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.
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?
Sign already exists.
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 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 and abutting
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
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 will 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 been 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 /or the 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.
AFFIDAVIT
I, Lawrence J. Kemper, Attorney for the Applicant and Owner of the Property involved in
this application hereby swear 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.
•O Signed: r
Lawrence J. per,
Attorney for Applicant and Owner
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said County and State, personally appeared
Lawrence J. Kemper, Attorney for Applicant and Owner, and acknowledged the execution of the
foregoing.
WITNESS my hand and Notarial Seal this /977/ day of 673T 2003.
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This document prepared by: Lawrence J. Kemper, NELSON FRANKENBERGER, 3105 E.
98 Street, Suite 170, Indianapolis, IN 46280.
H:Vanel \Amerimaar \Sign Appin. -South Wall.doc
EXHIBIT "A"
LEGAL DESCRIPTION
Part of the Northwest Quarter and Part of the Northeast Quarter of Section 2, Township 17
North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast comer of the said Northwest Quarter Section; thence South 88
degrees 36 minutes 14 seconds West along the North line of the said Northwest Quarter Section
381.82 feet; thence South 00 degrees 09 minutes 52 seconds East 165.00 feet; thence South 88
degrees 36 minutes 14 seconds West 110.44 feet to the East limited access right -of -way line of
U.S. 31, (as per Indiana State Highway Plans Project St. F -222 (9) dated 1973), thence South
00 degrees 09 minutes 52 seconds East along the said East limited access right -of -way 423.31
feet to the Beginning Point; thence South 89 degrees 37 minutes 52 seconds East 160.35 feet;
thence North 45 degrees 22 minutes 08 seconds East 59.40 feet; thence South 89 degrees 37
minutes 52 seconds East 353.98 feet; thence South 00 degrees 22 minutes 08 seconds West,
parallel with the West line of the said Northeast Quarter Section, 466.50 feet; thence North 89
degrees 37 minutes 52 seconds West 58.78 feet; thence South 00 degrees 22 minutes 08 seconds
West parallel with the said West line 182.00 feet; thence North 89 degrees 37 minutes 52
seconds West 190.00 feet; thence North 00 degrees 22 minutes 08 seconds East, parallel with the
East line of said Northwest Quarter Section 256.00 feet; thence North 89 degrees 37 minutes 52
seconds West 55.00 feet; thence North 00 degrees 22 minutes 08 seconds East, parallel with the
said East line 123.75 feet; thence North 89 degrees 37 minutes 52 seconds West 250.44 feet to
the said East limited access right -of -way line of U.S. #31; thence North 00 degrees 09 minutes
52 seconds West along said East limited access right -of -way line of U.S. #31; thence North 00
degrees 09 minutes 52 seconds West along said East limited access right -of -way line 226.76 feet
to the Beginning Point, containing 5.332 acres, more or less.
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS SIGN VARIANCE
The Applicant is the owner of the office building commonly known as Penn Mark II, 11555 North Meridian,
Indianapolis, Indiana "Penn Mark Penn Mark is characterized under the Carmel Sign Ordinance (Section
25.07.02 -09) as multi- tenant multi -level building and has frontage on both Meridian Street and Pennsylvania
Avenue, thus permitting 2 identifications. Penn Mark is set back 330 feet from the right -of -way of
Pennsylvania Street.
Currently, Perm Mark is identified by 2 signs, one wall sign facing Meridian and reading Sagamore, and
a second wall sign facing Pennsylvania Street reading Two Penn Mark. Applicant has requested a variance to
permit a wall sign on the south facia of Penn Mark reading Ryland Homes pursuant to plans previously filed
with the Department of Community Services "Department Per the recommendation of the Department,
Applicant is requesting that the sign located on the east elevation reading Two Penn Mark be permitted to
remain on the building in its location, size and dimensions, as evidenced by the photograph attached hereto as
Exhibit `B 1
The variance is requested to permit a third sign which is not a ground sign as provided by Section
25.07.02 -09.
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION Y
DEVELOPMENTAL STANDARDS SIGN VARIANCE REQUEST RECF IVED
MJ8 22 nn,.)
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DOCKET NO. DATE RECEIVED:. DOCS1
1) Applicant: Penn Mark, LLC
Address: 101 West Ohio Street, Suite 400, Indianapolis, IN 46204
2) Project Name: Ryland Homes Phone: 684 -3456
Engineer /Architect: Staley Signs Phone: 637 -4567
Attorney: James J. Nelson/Lawrence J. Kemper Phone: 317/844 -0106
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 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 Ownership:
Deed Book No. /Instrument No. 2001- 00082750
Page: Purchase date: November 27, 2001
6) Common address of the property involved: 11555 North Meridian Street, Carmel, IN 46032
Legal description: See Exhibit "A (hereafter "Real Estate
Tax Map Parcel No.: 16- 13- 02- 00 -00- 007.004
7) State explanation of requested Developmental Standards Sign Variance: See Exhibit `B"
8) State reasons supporting the Developmental Standards Sign Variance request: (Additionally, complete the
attached question sheet entitled "Findings of Fact
See Exhibit "C" (Variance)
9) .Present zoning of the property (give exact classification): B -6 Business District
10) Size of lot/parcel in question: 5 acres
11) Present use of the property: Office Building
12) Described the proposed use of the property: Office Buildin t Multi- level multi- tenant buildin
S ec 2_5:1 ,02-\O
13) Is the property: Owner occupied X
Renter occupied X
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.
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?
Ryland Homes, 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 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 and abutting 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 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 will 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 been 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/or the 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 EXHIBIT D.
AFFIDAVIT
I, James J. Nelson, Attorney for the Applicant and Owner of the Property involved in this application hereby
swear 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.
Signed:
Jo J. elson,
A orn- for Applicant and Owner
STATE OF INDIANA
SS:
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 of the foregoing.
WITNESS my hand and Notarial Seal this,2,,2 day of /9a6;(7$ r 2003.
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This documents prepared by:
NELSON FRANKENBERGER
3021 E. 98 Street, Suite 220
Indianapolis, IN 46280
H: \KELLYV IM N \RYLAND HOMES\DSV SIGN.DOC
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EXHIBIT "C"
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Penn Mark, LLC
FINDINGS OF FACT DEVELOPMENTAL STANDARDS SIGN 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 proposed variance will not have any effect on
public health, safety, morals, and general 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 the requested variance will not have an
effect on the use and value of the adjacent 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, absent the grant of the variance
requested, the Two Penn Mark sign must be removed which will have a negative impact on the
aesthetics of the building as well as the general public's ability to locate the building.
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 part hereof.
ADOPTED this 27 day of October, 2003.
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).
H:Uanet \Amerimaar \Sign Appin. -South Wall.doc
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS SIGN VARIANCE
The Applicant is the owner of the office building commonly known as Penn Mark II, 11555 North Meridian,
Indianapolis, Indiana "Penn Mark and has secured Ryland Homes as a tenant for approximately 20% of the rentable
space.
Penn Mark is characterized under the Carmel Sign Ordinance (Section 25.07.02 -09) as multi- tenant multi -level
building and has frontage on both Meridian Street and Pennsylvania Avenue, thus permitting 2 identifications.
Penn Mark is set back under 200 feet from the right -of -way of Meridian Street and the building frontage of the
space to be occupied by Ryland Homes is greater than 101 feet but lesser than 250, thus permitting a sign 75 square feet in
size.
Currently, Penn Mark is identified by 2 signs, one wall sign facing Meridian and reading Sagamore, and a second
wall sign facing Pennsylvania Street reading Two Penn Mark. Applicant is requesting a variance to permit a wall sign on
the south facia of Penn Mark reading Ryland Homes pursuant to the plan filed herewith. Upon the granting of a variance
and the issuance of a sign permit, Applicant will remove the sign reading Two Perm Mark on the east elevation.
The variance is requested to permit a second sign which is not a ground sign as provided by Section 25.07.02 -09.
EXHIBIT "C"
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Penn Mark, LLC
FINDINGS OF FACT DEVELOPMENTAL STANDARDS SIGN 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 proposed variance will not have any effect on public health, safety, morals, and general
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 the requested variance will not have an effect on the use and value of the
adjacent 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 current site conditions create practical difficulties in locating a second wall sign on
the south facia of Penn Mark II, absent the grant of the variance requested.
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 part hereof.
ADOPTED this 27 day of October, 2003.
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).
H:\KELLYVIM N\RYLAND HOMES\DSV- SIGN.DOC