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HomeMy WebLinkAboutApplicationBoone, Rachel M. From: Sent: To: Cc: Boone, Rachel M. Friday, March 12, 2010 2:34 PM Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham, Daren; Stewart, Lisa; Tingley, Connie S Kashman, Jeremy M; 'jim @pdblaw.com'; Brainard, James C Subject: Docket No. Assignment: First Baptist Church Signage #10030014 15 V) Attachments: BZA Public Notice Sign Procedure.pdf I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) First Baptist Church Signage. They will be the following: Docket No. 10030014 V $0.00 Docket No. 10030015 V $0.00 Total Fee: $0.00 Fees waived because the Carmel Link project caused the need for these variances. (V) First Baptist Church Signage The applicant seeks the following development standards variance approvals: Docket No. 10030014V. 25.07.02 -07 (b) Number of signs Docket No. 10030015V 25.07.02 -07 (e) Two signs facing one ROW The site is located at 1010 E. 126th St. It is zoned R -2. Filed by James Burroughs of Philip D. Burroughs Associates on behalf of the owner. 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 Friday, April 16. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, April 23. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, April 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the May 24, 2010 agenda of the BZA. 5. This Item will appear on the April 26, 2010 agenda of the Board of Zoning Appeals Hearing Officer under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet 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. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the May 24, 2010 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Mr. Burroughs can be contacted at 317- 489 -0401. Department's Review Comments; petitioner, please complete the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317 -444- 7163 or email: publicnotices @indystar.com). 2. Please make checks payable to the City of Carmel. 3. Please provide filled out and notarized placement of public notice sign affidavit. 3/12/2010 Page 1 of 2 4. Please provide proof of notice from the Indy Star. 5. Please provide green signed return receipts. Thank you. Zctche li 3 cone/ Sign Reviewer City of Carmel Department of Community Services 3rd Floor One Civic Square Carmel, IN 46032 3/12/2010 Page 2 of 2 317.571.2417 317.571.2426 fax http: /www.ci.carmel.in.us /services /communityservice.html Please consider the environment before printing this e -mail Jim Boone, Rachel M. From: James Burroughs [jim ©pdblaw.com] Sent: Tuesday, March 30, 2010 11:43 AM To: Boone, Rachel M. Subject: First Baptist Church of Carmel Variance Petition Rachel, As I was ordering the adjoiner addresses from Hamilton County Auditor, I noticed that there is a typo on our variance application on the County tax map parcel no. The 15 should have been a 16. How do I take care of this officially for the record? Philip: D. Burroughs AOCtATS, t. C A at Law James B. Burroughs Attorney at Law 111 Congressional Blvd. Suite 110 Carmel, IN 46032 Phone 317.489.0401 Fax 317.218.0336 Toll Free 8 iim@pdblaw.com www.pdblaw.com 4/1/2010 Page 1 of 1 CONFIDENTIALITY NOTICE: This e -mail contains information that is privileged and confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. You are prohibited from copying, distributing or otherwise using this information if you are not the intended recipient. If you have received this e -mail in error, please notify us immediately by return e -mail and delete this email and all attachments from your system. Thank you. DISCLOSURE REQUIRED BY CIRCULAR 230: This Disclosure may be required by Circular 230 issued by the Depa1 twent of Treasury and the Internal Revenue Service. If this e -mail, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Furthermore, any federal tax advice herein (including any attachment hereto) may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party. Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this e -mail. Thank you. CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for�ea ehtad�d�itiona`I'ssection of the ordinance being varied. 9 All Other $1,133.50 for the first variance, plus $535.50 for each additional section of th Ace bei hg, varied. OR see Hearing Officer Fees �j DOCKET NO. 10 0 z it' v DATE RECEIVED: 4 1 122 4/0 1) Applicant: First Baptist Church of Carmel India a Ines Address: 1010 East 126th Street, Carmel, Indiana`4603 w vu �r d r 2) ProjectName: First Baptist Church Phone: 317)846 -1343 Engineer /Architect: Ken Carr Phone: (765)325-2810 Attorney: James Burroughs Contact Person: James Burroughs Email: jim@pdhlaw.rnm 5) Record of Ownership: Deed Book No.MsXrNr rg IfI(. 188 Page: 151 6) Common address of the property involved: s i Purchase date: May 25 n1964 Phone: (317) 489 -0401 Phone:. (317) 489 -0401 3) Applicants Status: (Check the appropriate response) X (a) The applicants 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: Legal description: See Exhi h't A attached Stat o. 29- 10- 30 -00— Tax Map Parcel No.: C un 15 -10— 0 -0 I1�1 O_ 1 Phone: 1 H 00 -18 r Ile- Io-30 -DO OO ozl.. Coo 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). riancP frnm SPrtion 75 f)7 07 -7(b) of the City of Carmel Zoning Ordinance to permit a second identification sign with frontage on Keystone Parkway. such sin to be oriented toward Keystone Parkway and located on the northwestern face of the west Page 1 of 8 z:\shared\forms \BZA applications\ Development Standards Variance Application rev. 01/05/2009 building corner (wall), all as per plans filed herewith. Non N/A 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance An additional identification sign is needed to compensate for the impairment to the viewability of the existing sign caused by the c o nstruct: ion of the Keystone Parkway project. 9) Present zoning of the property (give exact class R R e s i d e n t i a l 10) Size of lot/parcel in question: 5 4 7 0 acres 11) Present use of the property: c'hvrch and related uses 12) Describe the proposed use of the property: T h e p r e s e n t 1 1 S P w i 1 1 r n n t i n 11 P 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. 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? 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? First Baptist Church of Carmel Indiana Inc. 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 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. Page 2 of 8 z: \shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2009 I, hereby swear that I am the owner /contract purchaser of 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 y behalf with regard to this application and subsequent hearings and testimony. STATE OF INDIANA County of Ham; lion for Marion Notary Public's county of residence) .Tames Burroughs (Property Owner, Attorney, or Power of Attorney) 12 day of SS: (County in which notarization takes place) 1 AFFIDAVIT 416‘ /2- 0 (Pr• 'y 0 er, Attorney, .r Power of A orney) Date James Burrou: s, Attorney (Please Print) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this /,20 /U Za..4 kf lic Signature 411 Philip D. Burroughs Notary Public Please Print My commission expires: /7 Page 4 of 8 z:lshare' /Orms \BZA applications\ Development Standards Variance Application rev. 01/05/2009 EXHIBIT A LEGAL DESCRIPTION Part of the Southeast Quarter of Section 30, township 18 North, Range 4 East in Hamilton County Indiana, more particularly described as follows: Beginning 632.90 feet South 89 degrees 30 minutes 02 seconds West of the Southeast corner of the Southeast Quarter of Section 30, Township 18 North, Range 4 East, and on the South line thereof on and along aforesaid South line 539.50 feet; thence North 00 degrees 20 minutes 08 seconds West 443.21 feet; thence Due East 542.08 feet; thence Due South 438.50 feet to the place of beginning, containing 5.47 acres, more or less. EXHIBIT A LEGAL DESCRIPTION Part of the Southeast Quarter of Section 30, township 18 North, Range 4 East in Hamilton County Indiana, more particularly described as follows: Beginning 632.90 feet South 89 degrees 30 minutes 02 seconds West of the Southeast corner of the Southeast Quarter of Section 30, Township 18 North, Range 4 East, and on the South line thereof on and along aforesaid South line 539.50 feet; thence North 00 degrees 20 minutes 08 seconds West 443.21 feet; thence Due East 542.08 feet; thence Due South 438.50 feet to the place of beginning, containing 5.47 acres, more or less. Docket No.: Petitioner: 1. 2. 3. DATED THIS CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS' Io0 \J Carmel, Indiana First Baptist Church of Carmel Indiana FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot .Sheet) DAY OF 20 Board Member Itnc Page 7 of 8 z:\sharedlforrns\BZA applications\ Development Standards Variance Application rev. 01/052009 RECEIVED MAR 12 2010 DOCS 1. Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA O O eo'I 4 tjs \l First Baptist Church of Carmel Indiana. FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE RECEIVED MAR 1 2 2010 DOCS Inc. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the additional identification sign will be identical to the existing sign, will not be viewable from adjoining properties, and will ha in complianrp with app irable codes 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 sign will be viewable from Keystone Parkway and the 126th Street roundabout overpass and not from adjoining properties. 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 existing sign is insufficient for identification of the church by passing motorists due to the lowering of the street elevatior of Keystone Parkway and the construction of the 126th Street roundabout overpass which impairs the viewability of the existing sign which is oriented toward northbound DECISION traffic. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals day of 20 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 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