HomeMy WebLinkAboutApplication DSVCITY 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: The National Bank of IndianUolis
Address: See Exhibit `B"
2) Project Name: National Bank of Indianapolis
Engineer /Architect: See Exhibit `B"
Attorney: Charles D. Frankenbereer
Contact Person: Charles D. Frankenbereer
and Jon C. Dobosiewicz
Phone: See Exhibit "B"
Phone: 317) 844 -0106
Email: Charliennf- law.com
Phone: 317 844 -0106
Email: Charlie a7,nf-law.com and
jon@nflaw.com
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
(c) Other The applicant is under contract to purchase the propegy
4)
5)
6)
7)
8)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Kathryn M. Kunz and Sarah H. Kunz Trustees of the Patsy M Kunz
Revocable Trust Phone: 317) 639 -1210
Landowner address: Attn: Kathryn M. Kunz, Lewis Kappes P.C., One American Square Suite 2500
Indianapolis, IN 46282 -0003
Record of Ownership:
Deed Book No. /Instrument No.:
Common address of the property involved: 613 East Carmel Drive, Carmel, IN 46032
Legal description: See "Exhibit A"
Tax Map Parcel No.: 16- 10- 31- 00 -00- 016.021
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).
The applicant seeks approval to allow one (1) ground sign and one (1) wall sign facing Carmel Drive Section
25.07.02 -08(b) permits one (1) sign.
State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance
See the attached Findings of Fact
9) Present zoning of the property (give exact classification): B -8 (Business)
10) Size of lot/parcel in question: 1.12 acres
11) Present use of the property: Unoccupied Restaurant
12) Describe the proposed use of the property: Financial institution
13) Is the property: Owner occupied
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.
Applicant will also be seeking DP /ADLS approval from the Plan Commission
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 upon obtaining all required approvals
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
ADJACENT PROPERTY OWNERS LIST
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 advice of his /her attorney.
1, (Please Print) 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.
OWNER ADDRESS
EXAMPLE ONLY:
Formal list request sheet official list
may be acquired from the Hamilton
County Auditor's Office (776- 8401).
Auditor of Hamilton County, Indiana Signature Date
STATEMENT OF APPLICANT
I hereby swear that I am the applicant involved in this application and that the foregoing statements and
answers herein contained and the information herewith submitted are correct.
National Bank of Indianapolis
By
Mi hael S. Maurer, President
Date
STATE OF INDIANA
SS:
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for County, State of Indiana, personally appeared
(Notary Public's county of residence)
7 _e�� J the President of National Bank of Indianapolis and
acknowledge the execution of the foregoing instrument for and on behalf of The National Bank of
Indianapolis, this Vk- day of 20 ,16
6 otda Public--Signature
Notary Public Please Print
My corpnz e x p ires:
IF o w n
SUSIW L. ROEDERER
Won
S
Dumber 19.2Q01b
6 otda Public--Signature
Notary Public Please Print
My corpnz e x p ires:
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel Board of Zoning Appeals meeting on the day of
20 at 6:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel,
Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to:
(explain your request -see question numbered seven (7))
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in waiting or verbally,
will be given an opportunity to be heard at the above- mentioned time and place.
PETITIONERS
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL ADVISORY BOARD OF ZONING APPEALS
I (WE) (petitioner's Name) DO HEREBY CERTIFY THAT NOTICE OF
PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS CONSIDERING Docket Number
was registered and mailed at least twenty -five (25)* days prior to the date of the public
hearing to the below listed adjacent property owners:
OWNER ADDRESS
STATE OF INDIANA
SS:
The undersigned, having been duly sworn upon oath says that the information is true and correct
and he is informed and believes.
Signature of Petitioner
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledged the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
day of 20
(SEAL)
Notary Public Signature
Notary Public Please Print
My commission expires:
*10 days notice for a BZA Hearing Officer Meeting
*The applicant will provide individual ballot sheets for all requested variances at the BZA meeting.
CARMEL ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: The National Bank of Indianapolis
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS DAY OF .2011.
Board Member
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: The National Bank of Indianapolis
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The signs will effectively address the wayfinding needs of the motoring public via the combination
of the around sign and wall sign facing Carmel Drive
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 signs will effectively address the wavfinding needs of the motoring public via the combination
of the ground sign and wall signs facing Carmel Drive
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 utilizing the proposed number of signs the owner will be unable to effectively address the
wayfindmg needs of the motoring public via the combination of the ground sign and wall sign facing
Carmel Drive.
DECISION
IT IS THEREFORE the decision of the Carmel 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 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY; Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
EXHIBIT "A"
(Legal Description of Real Estate)
Part of the South Half of Section 31, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Southwest corner of said Section 31; thence North 01 degrees 04 minutes 45 seconds West along
the West line of said Section 1752.85 feet to the intersection of the centerline of Westfield Boulevard with the centerline
of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along the centerline of said Carmel Drive 600.00
feet to the P.C. of a curve; thence along said centerline Northeasterly 400.00 feet along an arc to the left having a radius
of 1145.92 feet and a long chord having a bearing of North 79 degrees 55 minutes 00 seconds East and a length of
397.97 feet to the P.T. of said curve; thence North 69 degrees 55 minutes 00 seconds East along said centerline 238.51
feet to the P.C. of a curve; thence along said centerline Northeasterly 400.00 feet along an arc to the right having a
radius of 1145.92 feet and a long chord having a bearing of North 79 degrees 55 minutes 00 seconds East and a length
of 397.97 feet to the P.C. of said curve; thence North 89 degrees 55 minutes 00 seconds East along said centerline
1060.12 feet to the point of beginning of this description which is South 89 degrees 55 minutes 00 seconds West 690.73
feet from the intersection of the centerline of Keystone Way with the centerline of said Carmel Drive; thence North 89
degrees 55 minutes 00 seconds East along said centerline of Carmel Drive 172.21 feet; thence South 00 degrees 05
minutes 00 seconds East 290.00 feet; thence South 89 degrees 55 minutes 00 seconds West parallel with said centerline
of Carmel Drive 171.81 feet; thence North 00 degrees 09 minutes 09 seconds 45 seconds West 290.00 feet to the point
of beginning containing 1.145 acres, more or less.
EXCEPT
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton
County, Indiana being all that part of the Owner's Land identified as Parcel 27 lying within the area identified and
shown as "proposed Permanent Right of Way" on the attached Route Survey Plat and being further described as
follows:
Commencing at the Southwest Corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04
minutes 45 seconds West (basis of bearings is from Instrument Number 9809831407, Office of the Hamilton County
Recorder) along the West Line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89
degrees 55 minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of curvature of a curve
having a radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West; thence
easterly along said curve and along said centerline on are distance of 400.00 feet to a point bearing South 20 degrees 05
minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds East along said
centerline a distance of 158.51 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point
of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve on arc distance of 400.00
feet to a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point; thence North 89 degrees 55
minutes 00 seconds East along said centerline a distance of 1060.12 feet to a point distant South 89 degrees 55 minutes
00 seconds West a distance of 690.73 feet from the intersection of said centerline with the centerline of Keystone Way;
thence continuing North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 172.21 feet; thence
South 00 degrees 05 minutes 00 seconds East a distance of 40.00 feet to the point of beginning on the South Right of
Way line of Carmel Drive; thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 8.00 feet,
thence South 89 degrees 55 minutes 00 seconds West parallel with the aforesaid Right of Way line a distance of 172.14
feet; thence 00 degrees 09 minutes 45 seconds West a distance of 8.00 feet to the aforesaid South Right of Way line of
Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said Right of Way line a distance of 172.15
feet to the Point of Beginning. Containing 1377 square feet.
EXHIBIT B
(Contact List)
Applicant The National Bank of Indianapolis
a National Association
107 N. Pennsylvania Street
Suite 600
Indianapolis, IN 46204
Attn: Michael S. Maurer, President
Phone: (317) 844 -8372
2. Attorney/
Land Use Professional
Charles D. Frankenberger
Jon C. Dobosiewicz
Nelson Frankenberger
3105 E. 98` Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: Cliarl.ie@nf-la
Email: Jon anf law com
3. Engineer Alen Fetahagic, PE, LEED AP
Civil Engineering Group Leader
American Structurepoint, Inc.
7260 Shadeland Station
Indianapolis, IN 46256
Phone: (317) 547 -5580
Fax: (317) 543 -0270
Email: Afetaba ic�c�r structurepoint.com
4. Architect Diana M.H. Brenner, FAIR, IIDA LEED AP, President
Brenner Design
108 E'1~ Market Street
Indi i leis, IN 46204
Phone: (347) 262 -1220
Fax: (317) 262 -1260
E -mail: dbrenner @brennerdesi n.com
RTecky\Zoning Rcal Estate MattersWational Bank of Indpls Carmel D ivclApplicatioms Application Zoning Appeals Action DSV Request.doc