HomeMy WebLinkAboutApplication Page 1 of 2
Boone, Rachel M.
From: Boone, Rachel M.
Sent: Tuesday, May 25, 2010 11:44 AM
To: Blanchard, Jim E; 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
Cc: 'Jon Dobosiewicz'; 'Jim Shinaver'; 'Doug Staley, Jr.'
Subject: Docket No. Assignment: Technicolor Signage #10050013 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)
Technicolor Signage. They will be the following:
Docket No. 10050013 V $601.00 Development Standards Variance Hearing Officer
fee
Total Fee: $601.00
(V) Technicolor Signage
The applicant seeks the following development standards variance approvals:
Docket No. 10050013V Ch. 3 Definitions Identification Sign 25% logo rule: "A logo, if desired,
representing the building, business or institution on a sign in a unified center is limited to twenty five
percent (25 of the Sign Area.
The site is located at 101 W. 103 St. It is zoned. B -1 within the US 31 Overlay Zone.
Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of Technicolor.
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, June 18. 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, June 25.
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, June 18. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the July 26, 2010 agenda of the BZA.
5. This Item will appear on the June 28, 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 July 26, 2010 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Dobosiewicz can be contacted at 317 844 -0106.
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.
4. Please provide proof of notice from the Indy Star.
5/25/2010
Page 2 of 2
5. Please provide green signed return receipts.
Thank you.
Rachel/Boone/
Sign Reviewer
City of Carmel
Department of Community Services
3rd Floor
One Civic Square
Carmel, IN 46032
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.
5/25/2010
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 each additional section of the
ordinance being varied.
All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the ordinance being varied OR
see Hearing Officer Fees
DOCKET NO. DATE RECEIVED:
1) Applicant: Technicolor (see Exhibit `B
Address: See Exhibit `B"
2) Project Name: Technicolor Sign Package
Engineer /Architect: N/A
Attorney: see Exhibit `B"
Contact Person: Jon C. Dobosiewicz
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
X (c) Other: building tenant
Phone: See Exhibit `B"
Email: jon @nf- law.com
4) If Item 3)(c) is checked, please complete the following:
Owner of the property involved: Carmel Indy Properties LLC
Landowner Address: 450 North Roxbury Dr. #1050, Beverly Hills CA 90210
5) Record of Ownership:
Deed Book No. /Instrument No.:
6) Common address of the property involved: 101 West 103 Street, Indianapolis, IN 46290
Legal description: see Exhibit "A"
Tax Map Parcel Nos.: 16- 13- 11- 00 -00- 036.008
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).
Section 25.07.02 -10.g Copy: Allow a logo to exceed 25% of the Sign Area on an Identification Sign in a
Unified Center.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact Development Standards Variance
The variance will permit the identification of a building in the same manner as signage is allowed by
ordinance today for the building if the owner should decide to lease a portion of the building to an
additional tenant in the future.
9) Present zoning of the property (give exact classification): B -1 (Business)
Page 1 of 11
10) Size of lot /parcel in question: Approximately 10.93 acres
11) Present use of the property: General Office
12) Describe the proposed use of the property: General office
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.
ADLS Amend on file
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?
Upon receipt of required sign permits
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The Applicant, its successors and assigns
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 11
I hereby state that I have the consent of the owner of the real estate to file this application and
that the foregoing signatures, statements and answers herein contained and the information
herewith submitted are correct.
State of ,XuDi,9.'J,4
County of /1t o1J
Technicolor Variance 051210
STATEMENT OF APPLICANT
Technicolor
By
D• g DeLor
Director, Global Branding
SS:
Before me the undersigned, a Notary Public for mA,e, /o,✓ County, State of Indiana,
personally appeared Doug and acknowledged the execution of the foregoing
instrument this /,Lday of May, 2010.
My Commission Expires: 0 .10/ atio24
Notary Vtiblic
Page 4 of 11
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Technicolor
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 proposed signage is permitted by the Zoning Ordinance. As proposed, the
Identification Sign would remain unchanged if a portion of the building is later leased to
an additional tenant. This change in tenant occupancy would present no threat to public
health, safety, morals and general welfare.
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 proposed sign is permitted by the Zoning Ordinance unless and until the building
tenant would decide to lease a portion of the building to another tenant. Leasing a
portion of the building to another tenant would have no impact on the use and value of
adjacent property.
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 sign is permitted by the Zoning Ordinance unless and until the building
tenant would decide to lease a portion of the building to another tenant. Therefore the
strict application of the Zoning Ordinance would require a change to permitted signage
for the building with one tenant due to the addition of another tenant. This standard
results in a practical difficulty in the otherwise consistent identification of the building
when and if an additional tenant were to occupy the building.
DECISION
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 day of 2010.
Hearing Officer, 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).
Page 8 of 11
EXHIBIT "A"
(LEGAL DESCRIPTION)
Part of the West Half of Section 11, Township 17 North, Range 3 East in Hamilton County,
Indiana, being more particularly described as follows:
Commencing at the Northwest corner of the Northwest Quarter of said Section 11, Township 17
North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds East (Assumed Bearing)
along the North line of said Northwest Quarter a distance of 1703.15 feet; thence South 00
degrees 47 minutes 15 seconds East a distance of 16.50 feet to the Southwesterly right -of -way
line of U.S. #31 a per plans for I.S.H.C. Project No. St F -222 (9) dated 1973; thence South 78
degrees 38 minutes 19 seconds East, along said right -of -way line a distance of 218.74 feet to a
curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48
minutes 13 seconds West; thence Southerly along said curve and West right -of -way line of
U.S. #31 a distance of 771.69 feet to a point which bears South 87 degrees 51 minutes 40
seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West
along said right -of -way line a distance of 656.61 feet to a curve having a radius of 23063.31
feet, the radius point of which bears South 87 degrees 51 minutes 40 seconds East; thence
Southerly along said curve and West right -of -way line a distance of 491.51 feet to the North line
of a tract of land conveyed to the Pilgrim Lutheran Church of Indianapolis, Incorporated,
recorded April 15, 1976, per Corporate Warranty deed in Deed Book 287, pages 832 and 833,
in the Office of the Recorder of Hamilton County, Indiana, (said point being North 89
degrees 04 minutes 56 seconds West from said radius point); thence South 89 degrees 06
minutes 10 seconds West along the said North line a distance of 612.98 feet; thence South
00 degrees 08 minutes 07 seconds West a distance of 300.47 feet; thence South 89 degrees 06
minutes 10 seconds West a distance of 45.81 feet to the Beginning point; thence South 02
degrees 29 minutes 47 seconds East a distance of 99.79 feet to a curve having a radius of
815.00 feet, the radius point of which bears south 87 degrees 30 minutes 13 seconds West;
thence southerly along the are of said curve a distance of 172.66 feet to the point of reverse
curvature of a curve having a radius of 1085.00 feet, the radius point of which bears South 80
degrees 21 minutes 28 seconds East; thence Southerly along the are of said curve a distance of
179.98 feet to a point which bears North 89 degrees 51 minutes 25 seconds West from said
radius point; thence South 00 degrees 08 minutes 35 seconds West a distance of 132.88 feet to
a curve having a radius of 135.00 feet, the radius point of which bears North 89 degrees 51
minutes 25 seconds West; thence Southwesterly along the arc of said curve a distance of
211.71 feet to a point which bears South 00 degrees 00 minutes 00 seconds West from said
radius point; thence North 90 degrees 00 minutes 00 seconds West a distance of 313.18 feet to a
curve having a radius of 300.00 feet, the radius point of which hears North 00 degrees 00
minutes 00 seconds West; thence Westerly along the arc of said curve a distance of 119.05 feet
to a point which bears South 22 degrees 44 minutes 15 seconds West from said radius point;
thence North 67 degrees 15 minutes 45 seconds West a distance of 26.05 feet to a curve having
a radius of 40.00 feet, the radius point of which bears North 22 degrees 44 minutes 15 seconds
East; thence Northwesterly along the are of said curve a distance of 59.74 feet to the point of
reverse curvature of a curve having a radius of 715.00 feet, the radius point of 465230 which
bears North 71 degrees 41 minutes 19 seconds West; thence Northerly along the arc of said
curve a distance of 228.51 feet to a point which bears North 90 degrees 00 minutes 00
seconds East from said radius point; thence North 00 degrees 00 minutes 00 seconds East a
distance of 130.55 feet to a curve having a radius of 485.00 feet, the radius point of which
Page 9 of 11
bears North 90 degrees 00 minutes 00 seconds East; thence Northeasterly along the are of said
curve a distance of 422.68 feet to a point which bears North 40 degrees 03 minutes 58
seconds West from said radius point; thence North 49 degrees 56 minutes 02 seconds East a
distance of 125.79 feet to a curve having a radius of 40.00 feet, the radius point of which bears
South 40 degrees 03 minutes 58 seconds East; thence Easterly along the arc of said curve a
distance of 55.05 feet to the point of reverse curvature of a curve having a radius of 165.00 feet,
the radius point of which bears North 38 degrees 47 minutes 13 seconds East, thence Easterly
along the arc of said curve a distance of 195.77 feet to the point of reverse curvature of a curve
having a radius of 40.00 feet, the radius point of which bears South 29 degrees 11 minutes 31
seconds East, thence Easterly along the arc of said curve a distance of 63.94 feet to the point of
compound curvature of a curve having a radius of 335.00 feet, the radius point of which bears
South 62 degrees 23 minutes 28 seconds West; thence Southeasterly along the arc of said
curve a distance of 146,83 feet to a point which bears North 87 degrees 30 minutes 13 seconds
East from said radius point and the Beginning Point.
Page 10 of 11
EXHIBIT "B"
(CONTACT LIST)
1. Applicant Doug DeLor
Director, Global Branding
Technicolor
101 West 103 Street
Indianapolis, IN 46290
Phone: (317) 587 -3563
Email: Doug.Delor @Technicolor.com
2. Attorney/
Land Use Professional
James E. Shinaver
Jon C. Dobosiewicz
Nelson Frankenberger
3105 E. 98 Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: Charlie @nf- law.com
Email: Jon @nf- law.com
3. Sign Contractor Doug Staley
Staley Signs
P.O. Box 515
Indinanpolis, IN 46206
Phone: (317) 637 -4567
Fax: (317) 221 -0123
Email: dstalevjr(% staleysigns.com
Page 11 of 11