HomeMy WebLinkAboutApplication Boone, Rachel M.
From: Boone, Rachel M.
Sent: Wednesday, February 16, 2011 1:21 PM
To: Blanchard, Jim E; Conn, Angelina V; Donahue -Wold, Alexia K; Hancock, Ramona B;
Hollibaugh, Mike P; Keeling, Adrienne M; 'Littlejohn, David W'; Martin, Candy; Mindham,
Daren; 'Stewart, Lisa'; Tingley, Connie S
Cc: 'Granner, Steven'
Subject: Docket No. Assignment: Penn Mark I II Signage #11020008 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) Penn Mark (I
II) Signage.
They will be the following:
Docket No. 11020008 V $607.00 Development Standards Variance Hearing Officer fee
Total Fee: $607.00
(V) Penn Mark (1 II) Signage
'The 'applicant seeks the following development standards variance approvals:
Docket No. 11020008 V Ch.25.07.02 10 B Number of signs (7 proposed, 6 allowed)
The site is located at 11595 11555 N. Meridian St. and is zoned B -6 within the US 31 Overlay Zone.
Filed by Steve Granner of Bose McKinney Evans on behalf of Zeller Realty Group.
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, February 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, February 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, February 18. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the March 28, 2011 agenda of the BZA.
5. This Item will appear on the February 28, 2011 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 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 March 28, 2011 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Granner can be contacted at 317 684 5304.
Department's Review Comments; petitioner, please complete the followinq:
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(a�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. Please provide green signed return receipts.
Thank you.
1
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $291.90 for the first variance, plus $89.00 for each ajdttionalsection.,of the
ordinance being varied. All Other $1,156.50 for the first variance, plus 0 for each; &ion I sectaorbgf
the ordinance being varied. OR see Hearing Officer Fees y '`x
DOCKET NO. DATE RECEIVED
1) Applicant: Zeller Realty Group
Address: 11611 N. Meridian Street, Suite 120, 46032
2) Project Name: Penn Mark (One and Two)
Engineer /Architect: N/A
Attorney: Joseph D. Calderon, Bose McKinney Evans LLP
Contact Person: Steven B. Granner, AICP
Email: sgranner @boselaw.com
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: Property Manager
Phone: 317 -580-
Phone: N/A
Phone: 317- 684 -5331
Phone: 317- 684 -5304
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Westminster One Penn, LLC; Westminster Two Penn, LLC
Owner's address: 270 Westminster, Suite 300, Lake Forest, IL 60045
5) Record of Ownership:
1833526v1
Deed Book No. /Instrument No.: 9742519; 9541209
Legal description: See Attached Legal Description
Tax Map Parcel No.: 16- 13- 02- 00 -00- 007.003; 16- 13- 02- 00 -00- 007.004
Page 1 of 8
Phone: 317- 580 -2415
Page: Purchase date: 10/7/97; 6/30/95
RECEIVED
FEB 1 5 7011
DOCS
6) Common address of the property involved: 11595 N. Meridian Street 11555 N. Meridian Street
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).
Petitioner requests a variance of development standards of Section 25.07.02 -10(b) of the Sign Ordinance to allow
for a fourth wall sign to be located on the One Penn Mark Building.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance No more than two signs per facade shall be
permitted and the total square footage of wall signs will not exceed the previously approved maximum.
9) Present zoning of the property (give exact classification): B6 /US 31 Corridor
10) Size of lot/parcel in question: 11.39 acres
11) Present use of the property: Office
12) Describe the proposed use of the property: 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. Yes, previous variances and ADLS Amend. Approvals for
signs on both One Penn Mark and Two Penn Mark.
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?
ASAP
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Zeller Realty Group
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 Communi v Services.
Applicant Signature:
1833526v1
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.
Page 2 of 8
Date: 2 -1/2 57/1
1, 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. 1, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
STATE OF INDIANA
COUNTY OF HAMILTON
My Commission Expires:
My County of Residence:
1833526v1
SS:
Signed
I BAR
STEVEN B. GRANNER
Marion County
My Commission Expires
October 23, 2016
AFFIDAVIT
oseph D. Calderon
Page 4 of 8
Printed
2/14/11
Date
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Joseph D.
Calderon and acknowledged the execution of the foregoing instOment this 14th da of February, 2011.
STATEMENT OF VARIANCE
FOR
ONE and TWO PENN MARK
DESCRIPTION OF REQUESTED DEVELOMENT STANDARDS VARIANCES
Petitioner requests the following variances of Development Standards:
Chapter 23.07.02- 10(b):
Chapter 25.7.02- 10(c):
1833514v1
to allow (i) a maximum of four (4) tenant identification wall signs
for One Penn Mark, in addition to continuing to allow the "One
Penn Mark Plaza" building identification wall sign and the
"11595" address wall sign located on the east facade of One Penn
Mark and in addition to continuing to allow the "Two Penn Mark"
building identification wall sign located on the east facade of Two
Penn Mark; (ii) to continue to allow the transfer of facade sign
rights to other facades; and, (iii) to continue to allow Two Penn
Mark to have an additional (3r tenant identification wall sign.
to continue to allow the permitted tenant identification wall signs
on One Penn Mark and Two Penn Mark to contain a maximum
total of 550 square feet, with no individual tenant identification
wall sign exceeding a maximum of 105 square feet and with no
more than two tenant identification signs per building permitted
facing Meridian Street.
PARCEL I: (fee)
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 corner of the said Northwest quarter section; thence South 88
degrees 36 minutes 14 seeoods West along the North line oldie 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 tine of
11.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 42131 feet to
the Beginning Point thence South 89 degrees 37 minutes 52 seconds East 160.35 feet; th nee
North 45 degrees 22 minutes 08 sccands East 59.40 feet; thence South 89 degrees 37 minutes 52
seconds East 353.48 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 39 degrees 37 minutes
52 seconds West 58.78 feet; thence south 00 degrees 22 minutes 03 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 soccnds Bast parolesl 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 mid 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 226,76 feet to the Beginning Point_
Parcel rt:
Parcel II -A (Easement)
Legal Description
A easement for the purpose ot'ingress anti egress for the benefits of Parcel 1 as created by Gloss-
Casement Agreement dated September 13, 1983 and recorded September 13, 1983 as Instrument
No. 83- 11269, in Easement Record 1 page 356 over and across the following real estate in
Hamilton County, Indiana.
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 Northwest comer of the said quarter section; thence North 88 degrees 36
minutes 14 seconds East (assumed bearing) along the North line of the said quarter section
94.82 feel to the Southeast corner of the Southwest quarter of Section 35, Township 18 North,
Runge 3 East; thence North 88 degrees 50 minutes 32 seconds East along the said North line,
26.63 feet; thence South 00 degrees 22 minutes 08 seconds West parallel with the West line of
the said quarter section, 16.50 feet to the existing South right of way line for 1 16th Street and
the Beginning Point (said Beginning Point being on the East line of a 1.20 acre tract of land set
out in Warranty Deed recorded in Deed Record 133 page 403, in the Office of the Recorder of
Hamilton County, Indiana); thence South 00 degrees 22 minutes 08 seconds West along the
East line ofsaid 1,20 acre tract of larxf 37.41 feet; thence North 39 degree 54 minutes 12
seconds Cast 19.72 feet; thence North 84 degrees 54 minutes 12 seconds East 87.81 feet to tlx:
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one and TWO Peon Mar: Plea. Comm!, lndiara
ALGrON Loan No. 59711
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West line ofa 0.73 acre tract of land set out in 'Warranty Dead recorded in Deed Record Book
166, page 311, in the Office of the Recorder of Hamilton t.=ounty, Indiana; thence North 00
degees 22 minutes 08 seconds East along the said West line 1650 feet to the existing South
right of way line of 116th Street; th€atce South 88 degrees 50 minutes 32 seconds West along
the said South right of way lino 100.00 feet to the Beginning Point.
ALSO
Parcel 11 -13 (Easement)
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 Northwest corner of the said quarter section; thence South 00 degrees 22
minutes 08 :seconds West (assumed bearing) along the West line of the said quarter section
429,l5 feet; thence North 88 degrees 36 minutes 14 seconds East parallel with the North line of
the said quarter section 94.82 feet to the Beginning Point; thence South OD degrees 22 minutes
OS seconds West parallel with the said West line 848,55 feet to the South line of the North half
of the saki Tenter section; thence North 88 degrees 55 minutes 28 seconds besi along the said
South lino 25,01 feet; thence North 00 degrees 22 minutes 08 seconds East parallel with the said
Wit line 898.69 feet; thence South 88 degrees 36 ruit1ules 14 seconds Wcst parallel with the
said North line 25.00 feet to the Beginning Point.
Parcel 11 -C (Easement)
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 Northwest comer of the said quarter section; thence North 88 degrees 36
minutes 14 seconds East (assumed bearing) along the North lino of the said quarter section
94.82 feet to the Southeast corner of the Southwest quarter of Section 35, "Township 18 North,
Range 3 East; thence South 00 degrees 22 nsintttes 08 seconds West parallel with the West Tine
of the said Northeast quarter section 16.50 feet to the existing South right of way line of l 16th
Street and the Beginning Point; thence South 00 degrees 22 minutes 08 seconds West parallel
with the said West line 412.65 feet thence Nonh 88 degrees 36 minutes 14 seconds East
parallel with the North line of the said quarter section 25.01 feet; thence North 00 degrees 22
minutes 08 seconds East parallel with the said Wcst line 37122 feet; thence North 39 degrees
54 minutes 12 seconds East 2.55 feet to the East line of 1.20 acre tract of land set cut in
Warranty Deed recorded in Decd Record Book 133, page 403, in the Office of the Recorder of
Hamilton County, Indiana; thence North 00 degrees 22 minutes 08 seconds East along the said
East tint 37,41 1ect to the existing South right of way line of 116th Street; thence South 88
degrees 50 minutes 32 seconds West along the said South right away line 26.63 feet to the
Beginning Point.
One and Don Penn Mark Places, Cani J, Indiana
AF-GON goon Nu. 89711
Mortgage
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ALSO
Parcel lI -D (Easement)
Part of the Northeast quarter of Section 2, Township 17 North, Range 3 East in Hamilton
County, Indiana, being more particularly described as follows:
Beginning an the West lit c of the said quarter section South 00 degrees 22 minute., 08 seconds
West (assumed hearing) 16,50 feet from the Northwest comer of the said quarter section, (said
point being on the existing South right of way Tine for 116th Street); thence South 00 degrees 22
minutes 08 seconds West along the said West line 2152 feet; thence North 88 degrees 36
minutes 14 seconds last parallel with the North line; of the said quarter section 55.00 feet;
thence South 46 degrees 23 minutes 46 seconds Cast 20,32 feet; thence South 00 degrees 22
minutes 08 seconds West parallel with the said West line 127117 feet to the South line of the
North half of the said Northeast quarter section; thence North 88 degrees 55 minutes 28 seconds
East along the said South Tine 25.01 feet; thence North 00 degrees 22 minutes 08 seconds East
parallel with the said West line 1311.20 feet to the said South right of way line; thence South 88
degrees 36 minutes 14 seconds West along said South right of way line 94.82 feet to the
Beginning Point.
Parcel III (easement)
Agreements, covenants and easements for the purpose of a coordinated development for the
benefit of Parcel I and other adjoining property as created by Coordinated Development
Agreement dated May 24, 1983 and recorded May 25, 1983 as Instrument No. 83 -5642 in
Miscellaneous Record 174,page 585 and amended by Amended and Restated Coordinated
Development Agreement dated July 31, 1984 and recorded August 1, 1984 in Miscellaneous
Record 179. page 565 as Instrument No. 84 -10273 and amended by Second Amended and
Restated Coordinated Development Agretrrrent dated December 22. 1986, ae d recorded
December 29. 1986 in Book 190, page 109 as Instrument no.86- 29469 and across the following
real estate in Hamilton County, Indiana_
Part of the East half of the Northwest quarter of Section 2, Township 17 North, flange 3 East in
Hamilton County, Indium, more particularly described as follows:
Beginning at the Northeast comer of the said Northwest quarter section; thence South 00
degrees 22 minutes 08 seconds West along the least line thereof 1010.85 feet; thence North 89
degrees 37 minutes 52 seconds West 193.00 feet; thence South 00 degrees 22 minutes 08
seconds West 36.00 feet; thence North 89 degrees 37 minutes 52 seconds West 289.42 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 North 00 degrees 09 minutes 52 seconds West along, the said
East limited access right away line 866.73 feet to the South line of a tract of land conveyed by
Quit Claim Deed to Ralph E. and Joan Y. Chapman as per Instrument No. 12667 recorded in
Deed Record Book 321, page 702, in the Office of the Recorder of Hamilton County, Indiana;
thence Noah 8.8 degrees 36 minutes 14 seconds East along the South line of the said tract and
paral Lel with the North line of the said quarter section 110.44 feet to the Southeast comer of the
said tract; thence North 00 degrees 09 minutes 52 seconds West along the East line of the said
tract and parallel with the said East limited access right of way line 165.00 feet to the Northeast
corner of the said tract and the North line of the said Northwest quarter section; thotee North 88
Oct and Two Penn Mark Nara, Cannel, In 1ian:l
AMON loan No. 89711
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degrees 36 minutes 14 seconds Easy along the said North line 381.82 feet to the Point of
Beginning.
AL.4O
Parcel Y (casement)
Agreements, covenants and easements for the purpose of a coordinated development for the
benefit of Parcel I and other adjoining property as created by Coordinated Development
Agreement dated May 24, 1983 and recorded May 25, 1983 as Instrument No, 83-5642 in
Miscellaneous Record 174, page 585 and amended by Amended and Restated Coordinated
Development Agreement dated July 31, 1984 and recorded August I, 1984 in Miscellaneous
Record 179, page 565 as Instrument No. 84- 10273 and wmcnrled by Second Amended and
Restated Coordinated Development Agreement dated December 22, 1986, and recorded
December 29, 1986 in Book 190, page 109 as Instrument no.86 -29469 and across the following
real estate in Hamilton County, Indiana; (2 parcels)
Part of the East hell of the Northwest quarter of Section 2, Township 17 North, Range 3 Est in
llauailtoat County, Indiana, more particularly descrtbed as follows:
Beginning on the least line of the said Northwest quarter section South 00 degrees 22 minutes
08 rte curds West 1010.85 feet from the NoNreasi eon= thereof; thence North 89 degrees 37
minutes 52 seconds West 193.00 feet; thence South 00 degrees 22 minutes 08 seconds West
36.00 feet; thence North 89 degrees 37 minutes 52 seconds West 289.42 feet to the East limited
nrceas 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 line 257.11 feet to a point, said point being North 00 degrees 09 minutes 52
secands 361.84 feet North et South lute ofa 5.00 acre tract by parallel line off the
entire North end of the East half of the Southeast quarter of the said Northwest quarter section;
thence South 89 degrees 37 minutes 52 seconds East 480.03 Fact to a paint on the East line of
the said Northwest quarter Section, said point being North 00 degrees 22 minutes 08 seconds
East 348,90 feet North of the South line of said 5.00 acre tract; thence North 00 degnes 22
minutes 08 seconds Est along the East line 293.10 feet to the Point of Be- ginning,
ALSO (caser t)
Part of the East ballot the Northwest quarter of Section 2, Township 17 North, Range 3 East in
I lamilton County, Indiana, more particularly described as follows:
Beginning at a point on the East line of tlx said Northwest quarter section South 00 degree 22
minute: 08 seconds West 1303,95 feet from the Northeast corner thereof, said point also being
North 00 degrees 22 nainutee 08 seconds East 348.90 feet North of the South lieu ofa 5.00 acre
tract by parallel lines off the entire North end of the East half of the Southeast ginner of said
Northwest quarter section; thence North 89 degrees 37 minutes 52 seconds West 480.03 feet to
the East limited access right of way litre of U-S. 31 (as per Indiana State highway Plans Project
St_F- 222(9) dated 1973); thence South 00 dues 09 minutes 52 seconds East along the said East
limited arcess right of way line 361.84 feet to the South line ofsaid 5,00 acre tract; thence North
88 degrees 48 minutes 56 seconds East along the said South line and parallel with the North line
of the East half of the Southeast quarter of the said Northwest quarter section 476.84 feet to the
Cane and two Penn Mat Plaza, C rnx-I, Indiana
AEGON Loan No. 59711
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East line of the snick Northwest quarter section; thence North 00 degrees 22 minutes 08 seconds
East along the said East Tine 348.90 feet to the Point of Beginning.
Parcel 1V-(E: ascmcnt)
Covenants and easements for the purpose of unified development for the benefit of Parcel I
and othcr adjoining property as created by a Unified Development and Abutting Wall
Agreement dated May 24. 1984 and recorded May 24, 1984 in Miscellaneous Record 178, page
847 as Instrument No. 84.6743 and amended by Second Amended and Restated Coordinated
Development Agreement dated December 22, 1986, and recorded December 29, 1986 in Book
190, page 109 as Instrument no.86- 29469 over the following describe neat cstatc (two part5
Pan of the Northwest quarter and part of the Northeast quarter of Section 2, Township 17 North,
Range: 3 first in Hamilton County, Indiana, being more particularly described as follows,
Commencing at the Northeast corner 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 fuet; thews 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 Si F- 222(9) dated 1973); thence South 00
degrees 09 m 52 seconds East along said East limited access right of way line 650.07 feet to
the Beginning Point; thence South 89 degrees 37 minutes 52 seconds East 250.44 feet; thence
South 00 degrees 22 minutes 08 seconds West, parallel with the East line of the Northwest
quarter section 123.75 feet; thence South 89 degrees 37 minutes 52 seconds East 55.00 feet;
thence South 00 degrees 22 minutes 08 seconds West, parallel with the said East line, 256.00 feet;
thence South 89 degrees 37 minutes 52 seconds East 190.00 feet; thence North 00 degrees 22
minutes 08 seconds Last parallel with the said East line, 182.00 feet; thence South 89 degrees 37
minutes 52 seconds East. 58.78 feet; thence South 00 degrees 22 minutes 08 seconds West parallel
with the West line of the said Northeast quarter section 246,00 feel; thence North 89 degrees 37
minutes 52 seconds West 104 -78 feet; thence South 00 degrees 22 minutes 08 seconds West
parallel with the East line of the said Northwest quarter section 30.00 feet; thence North 89
degrees 37 minutes 52 seconds West 445.03 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 473.77 feet to the Beginning Pint_
ALSO (easement)
Part of the Northwest Quarter of Section 2, Township 17 North, Range 3 Fast in Hamilton
County. Indiana, being mere particularly described as follows:
Beginning at the Northeast corner of the said Northwest Quarter Section; tie South 00 degrees
22 minutes 08 seconds West along the Fast line of the said Nerrthwcst Qtenter Section 1209,95
feet; theme North 89 degrees 37 minutes 52 seconds West 179.00 feet; thence South 00 degrees
22 minutes G8 seconds East, parallel with the said East Linc, 256.00 feet; thence Norh 89 +degrees
37 minutes 52 seconds West 55.00 feet; thence North 00 degrees 2.2 minutes 08 seconds Fast,
pandlel with the said East line 123.75 feet; thence North 89 degrees 37 minutes 52 seconds West
250.44 feet to the East limited access right of way line of U.S. 31 (as per Indians State Highway
Plans Project St. r- 222(9) dated 1973); thence North 00 degrees 09 minutes 52 seconds West
along the said East limited access right of way line 650.07 feet; thence North 88 degrees 36
.59.
One pod Two Penn Mark Marta, Carmel. Iadiina
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minutes 14 seconds East, parallel with the North line of said Northwest Quarter Section, l 10A 4
feet; thence North 00 degrees 09 minutes 52 seconds West 165.00 feet to the said north line;
theme North 88 degrees 36 minutes 14 seconds East along the said North line 381.82 feet to the
beginning point.
Parcel V (easement)
A non exclusive easement for Directory Sign a set out on page 8 of that cotton Second
Amended and Restated Coordinated Development Agreement dated December 22, 1986, and
recorded December 29, 1986 in Book 190, page 109 as Instrument no.86- 294€9 in the Office of
the Recorder of Hamilton County, Indiana.
EXCEPT that land conveyed to The City of Carmel in Quitclaim Deed dated October 11. 1999
and recorded November 22, 1999 as Instrument No. 1999099(i7992, more particularly described
as follows:
A part of the Northeast quarter of Section 2, Township 17 North, Range 3 East, Harni]ton County,
Indiana, being that part oldie land described in Deed Instrument No. 9541209 as recorded in the
Office of the Records of Hamilton County, Indiana, lying within the proposed right of way
depicted on the attached right of way Parcel Plat of Parcel 111'4W of the City of Carmel Project
97 -04, described as follows Commencing at the Northwest corner of said quarter;:ection; thence
South 1 degree 30 minutes 31 seconds West 461.45 feet along the West line of said quarter
section to the North line oldie owner's land; thence South 88 degrees 29 minutes 29 seconds East
69.78 feet along said North line lo the Northeast corner of the owner's land and the point of
bcgirming of this description; thence South 1 degrees 30 minutes 31 seconds West 466.50 feet
along the East line: of the owner's land to the Southeast cornea of the owners land; thence North
88 degrees 29 minutes 29 seconds West 24/1 fleet along the South line of the owner's land;
thence North 1 degree 31 minutes 11 seconds East 224.99 feel to the point designated as point
"105" on said right of way Parcel Plat: thence Northeasterly 102.93 feet along an are to the right
having a radius of 1,954.86 feet and subtended by a long chord having a bearing of North 3
degrees 01 minute 42 seconds Ease and a length of 102.92 feet to the paint designated as point
"103" on said right of way Parcel Plat, thence North 4 degrees 32 minutes 12. seconds East 89.41
feet to the point designated as point "101" on said right of way Parcel Fiat; thence Northeasterly
49.38 feet along an arc to the left and having aradius of 1,864.86 feet and subtended by a long
chord having a bearing of North 3 degrees 46 minutes 41 seconds East and a length of 49.38 feet
to the North Tint of the owner's land; thence South 88 degrees 29 minutes 29 seconds .East 14.76
feet along :mid North line to the Point of Beginning.
One and Two Pena Martz Plaza, Carmel, Indian.;
ARGON been No. 8R7I I
Mortgage
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Docket No.:
Petitioner: Zeller Realty Group
2.
3.
DATED THIS 28th DAY OF FEBRUARY, 2011.
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CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
Page 4 of 5
Board Member
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
Adopted this 28 day of February, 2011.
SECRETARY, Carmel /Clay Board of Zoning Appeals
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CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Zeller Realty Group
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 Sign Ordinance allows for three wall signs for buildings with three street frontages. One Penn Mark has
three street frontages. Two Penn Mark has two street frontages. The variance being requested is within the
spirit of what was contemplated by the ordinance, given the height of the building.
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 property is located within the US Highway 31 North corridor, which is proposed to continue as a major
business /office corridor. The proposed signage package for these two buildings is consistent with that
previously approved for other buildings in the corridor.
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:
of the height of these two buildings, which puts them at a competitive disadvantage with shorter buildings
which are permitted the same number and size of wall signs for significantly less square footage of leasable
area.
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.
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 5 of 5
2011
AMENDED
SIGN SUMMARY
FOR
ONE PENN MARK PLAZA
and
TWO PENN MARK PLAZA
TENANT IDENTIFICATION WALL SIGNS
PURPOSE: The.purpose of these sign requirements is to assure sign continuity and
uniformity throughout the plaza. It is essential that the signage
compliment the architectural design of the plaza and that the esthetics of
the plaza be maintained at all times.
All signs must be approved, in writing, by Landlord or its representative.
GENERAL: All signs must consist of individual illuminated channel letters. All letter
components must be constructed and installed as described within the
following criteria.
Tenant shall be responsible for the fulfillment of all requirements and
specifications, including those of the applicable local governing agency
and /or codes, and obtaining all necessary sign permits.
Tenant shall be responsible for the installation and maintenance of their
sign. Should Tenant's sign require maintenance or repair, Landlord shall
give Tenant thirty (30) days written notice to effect said maintenance or
repair. Should Tenant fail to do same; Landlord shall have the right to
undertake repairs and Tenant shall reimburse Landlord.
Wording of the signs shall not include the trade name of products sold or
the price of items sold except as a part of the Tenant's trade name or
insignia. Use of generic terms will be reviewed on an individual basis.
DESIGN: Tenant signs shall not be restricted to a certain letter style or font. Each
letter or logo construction, lighting, and installation must be consistent
with the letter components of the National Electrical Code. Layouts must
be submitted to the Landlord for written approval prior to sign
construction. Drawings must include copy, size, colors, placement and a
cross section detailing the installation. Upon approval, a permit
application must be filed, by tenant, with the Carmel Department of
Community Services. A copy of the approved permit must be returned to
the Landlord prior to sign installation.
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No sign of any sort shall be permitted on top of the building roof.
CONSTRUCTION: Letters and logo components shall be constructed with 5" deep dark
bronze trim caps and returns. Each sign component shall have weep holes
at the bottom to allow proper drainage.
LIGHTING: Illumination shall be 6500 White neon tubing (or equivalent, i.e. L.E.D.)
within the channels.
COLOR: The sign faces, except for logos, shall be 2146 Ivory plexiglass.
NUMBER: Tenant Identification Wall Signs: There may be a combined total of seven
(7) wall signs for the two buildings, with no more than four signs for One
Penn Mark and three signs for Two Penn Mark and with no more than (i)
two signs per building facing Meridian Street and (ii) one sign per
building facing Pennsylvania Street.
SIZE: No individual wall sign shall exceed 105 square feet. No letter can be
taller than 48" in height. Logos are not to exceed 25% of the allowable
sign area. The maximum total area for all seven (7) permitted tenant
identification wall signs shall be 550 square feet. All signs, except for
logos, are to be on one line. (No stacked formats are permitted, except for
logos.)
PLACEMENT: Signs may be placed at any of the sign locations shown on the attached
elevations, subject to the limitations on number of signs. Signs must be
centered horizontally with adjacent signage on the building. A photo
rendering of placement must accompany the spec drawing for final
approval. The landlord reserves the right to adjust placement to ensure
architectural compatibility with the facade.
INSTALLATION: All components are to be installed on the sign band, projected off the
background with stainless steel spacers and anchored to the background
surface. Connections to the secondary wiring are to be made in UL
approved conduit. All secondary wiring is to be installed on the backside
of the wall enclosed in grounded metallic flexible conduit. 120 volt
transformers are to be installed in vented metal boxes on the backside of
the wall. Primary wiring to the sign, including a time clock, is the
responsibility of the tenant. The Tenant is to maintain a consistent on/off
schedule as specified by the Landlord. All signs are to be fabricated and
installed based on U.L. specifications.
All conductors, transformers, and other equipment shall be concealed.
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Electrical service to the sign shall be on Tenant's meter and shall be part
of Tenant's construction and operation costs.
All bolts, fastenings, clips, etc., shall be painted to match the sign
mounting surface.
No sign maker's label or other identification will be permitted on the
exposed surface of sign, except for those required by local ordinance
which shall be placed in an inconspicuous location.
All penetrations of the building structure required for sign installation
shall be neatly sealed in a watertight condition.
The sign contractor shall repair any damage caused by his work. Damage
to the structure that is not repaired by the sign contractor shall become the
Tenant's responsibility to correct.
Tenant shall be fully responsible for the operation of the Tenant's sign
contractor and shall indemnify, defend and hold the parties harmless from
damage or liabilities on account thereof.
REMOVAL: Upon lease termination, the Tenant is responsible for the removal of the
sign and repair to the wall from the installation and use of the sign to the
condition of the wall prior to the Tenant's installation of the sign.
GUARANTEE: The Sign Company shall carry workman's compensation and public
liability insurance against all damage suffered or done to and all persons
and/or property while engaged in the construction or erection of signs in
the amount of up to $2,000,000.00 $1,000,000 per occurrence.
Landlord reserves the right to hire an independent electrical engineer (at
Tenant's sole expense) to inspect the installation of Tenant's sign and to
require the Tenant to have any discrepancies and /or code violations
corrected at the Tenant's expense.
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