HomeMy WebLinkAboutPacket attached to Large format CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA r naa APPLICATION FOR BOARD OF ZONING APPEALS ACTION F 6 L DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance be varied G Q DOCKET NO. DATE RECEIVED: 454 cb 1) Applicant: Duke Realty Limitedj.Par.tnership Address: 600 E. 96th Street, Ste. 100, Indianapolis, IN 46240 2) Project Name: Hamilton Crossing West, Building III Phone: Engineer /Architect: Phone: Attorney: Elizabeth A. Hobbs, Krieg DeVault LLP Phone: (317)238 -6332 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 (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: IN Phone: 5) Record of Ownership: Deed Book No. /Instrument No. 2003- 00007707, Recorded January 22, 2003 Page: Purchase date: July 29, 2002 6) Common address of the property involved: 12800 N. Meridian St. Carmel, IN 46032 Legal description: See attached sheet Tax Map Parcel No.: 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). Applicant seeks a variance from Section 25.7.02 -10(b) of the sign ordinance to allow owner to transfer its permitted wall identification sign along the building's 126th Street frontage over to the building's U.S. 31 frontage to permit two (2) wall identification signs to be oriented to the building's U.S. 31 frontage. Page 1 of 8 z:lshared\Jorms\BZA applications\ Developmental Standards Variance Application rev. 12/31/02 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact- Development Standards Variance The sign ordinance already permits the transfer of identification signage to another frontage to allow for two signs along a single frontage, and numerous examples of two wall signs along one frontage currentiv exist. 9) Present zoning of the property (give exact classification): B /Business within U S 31 overlay zone 10) Size of lotiparcel in question: 10. acres 11) Present use of the property: Mult tenant Multi level building 12) Describe the proposed use of the property: The building would be allowed to have two (2) wall tenant identification signs located along the building's U.S. 31 frontage. 13) Is the property: Owner occupied 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. N/A 15) Has work for which this application is being filed already started? if answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? Within thirty (30) days after appeal is granted, weather permitting. 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Tenants that commit to occupy a substantial portion of the building, and thereby have significant presence within the community, would be given the option to NOTE: install an identification sign on the building along U.S. 31. 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 property owners. (The white receipt Page 2 of 8 z:lshared forms \BZA applications\ Development Standards Variance Application rev. 02/04/2003 CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: FINDINGS OF FACT DEVELOPMENTAL 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 sign ordinance already allows for two signs to be located along a single frontage. The variance being requested is within the spirit of what was contemplated by the ordinance. 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 subject property abuts U.S. 31, and there are numerous examples along U.S. 31 where two wall signs on a building's U.S. 31 frontage have previously been approved, and applicant' variance would not be out of character with such surrounding uses along U.S. 31. 3. The strict application of the terms of the Zoning Ordinance the property will result in practical difficulties in the use 'oft the property because: Applicant would not be able to use the building Ior its intended purpose of attracting high quality, corporate tenants if applicant is unable to offer signage rights comparable to what currently exists on other buildings along the U.S. 31 corridor. 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 day of I CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals of the Board are listed on the back. (Petitioner or his representative esenta'.ive to si "on Z:\shared\forms\BZ_A.applications\devstand2.pp R evisecl 111•31,r2302 Page 8 of 8 z:sharecNorms applications■ Developmental Stancarcs Variance Applimdiion rev. 12/31/C2 1 7-41 CiC\ EXHIBIT A PAGE 1OF1 0 A LAND BOUNDARY DESCRIPTION OF 8 BUTLD;II G' HAMILTON CROSSING WEST HAMILTON COUNTY, INDIANA NOVEMBER 14, 1997 AMENDED AUGUST 20, 1998 A part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north line of said quarter section; thence South 00 degrees 25 minutes 34 seconds East 1,166.50 feet; thence Southerly 116.10 feet along an arc to the left and having a radius of 600,00 foot and subtended by a long chord having a bearing of South 05 degrees 58 minutes 12 seconds East and a length of 115.92 feet to thc northeastern corner of thc dedication of public right -of -way for 126th Street, Instrument number 8826758, as shown thc Land Title Survcy prepared by Paul I. Cripe, Inc., for Duke Associates, dated December 17, 1986 and last revised November 8, 1989; thence along the eastern right -of -way line of said 126th Street the following two (2) courses (1) Southerly, and Southeasterly 299.23 fcct along an arc to the left and having a radius of 600.00 feet and subtended by a long chord having a bearing of South 25 degrees 47 minutes 59 seconds East and a length of 296,14 feet; (2) South 40 degrees 05 minutes 13 seconds East 453.12 feet along said right -of -way line to the southwestern corner of a proposed Ingress Egress Faeement shown on the I.L.T.A. Survey prepared by Paul I. Cripc, Inc., for Dukc Associates, dated August 31, 1989 and last revised November 13, 1989 and the POINT OF BEGINNING of this description: thence along the southeastern and eastern lines of said proposed Ingress Egress Easement the following three (3) courses (1) North 49 degrees 54 minutes 47 seconds East 74.95 feet; (2) Northeasterly and Northerly 298.72 feet along an arc to thc left and having a radius of 340.00 feet and subtended by a Tong chord having a bearing of North 24 degrees 4-4 minutes 36 ffiIBIT PAGE OF seconds East and a length of 289.20 feet; (3) North 00 d'!grees 25 minutes 34 seconds West 199.70 feet to the south line of the proposed Building 4 parcel; thence. South 90 degrees 00 minutes 00 seconds East 470.72 feet along said south line to thc western right -of -way line of U.S. Highway 31; thence South 00 dcgrccs 03 minutes 57 seconds East 912.72 feet along said western right -of -way line to the northern right -of -way line of said 126th Street; thence along the northern and northeastern right -of -way line of said 126th Street thc following throe (3) courses (I) South 89 degrees 54 minutes 47 scconds West 30.04 fcct; (2) Westerly, and Northwesterly 323,60 fcct along an arc to the right and having a radius of 600.00 feet and subtended by a long chord having a bearing of North 65 degrees 05 minutes 14 scconds West and a length of 507.15 feet; (3) North 40 degrees 05 minutes 13 seconds West 246.42 feet to thy: point of beginning and containing 10.071 acres, more or less, The bearings in this •descriptiop arc based upon the north line of the southwest Quarter of Section 26 having a bearing of North 88 degrees 42 minutes 47 seconds East, Subject to all casements, restrictions and rights -of -way of legal record. 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