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HomeMy WebLinkAboutApplication DSVBoone, Rachel M. From: Boone, Rachel M. Sent: Friday, January 14, 2011 12:37 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: 'Jon Dobosiewicz'; 'charlie @nf- law.com' Subject: Docket'No. Assignment: (DSV) The National Bank of Indianapolis Signage #11010007 8 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) The National Bank of Indianapolis Signage. They will be the following: Docket No. 11010007 V Docket No. 11010008 V additional fee Total Fee: Mr. Dobosiewicz can be contacted at 317 844 -0106. $601.00 $300.00 $901.00 Development Standards Variance Hearing Officer fee Development Standards Variance Hearing Officer (V) The National Bank of Indianapolis Signage The applicant seeks the following development standards variance approvals: Docket No. 11010007 V Ch. 25.07.02 -08 b) Number of signs (2 requested, 1 allowed) Docket No. 11010008 V Ch. 25.07.02 -08 b) Two signs facing north ROW (1 allowed) The site is located at 613 E. Carmel Dr. It is zoned B -8. Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of the National Bank of Indianapolis. 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 Thursday, February 3 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 sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill but 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. 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 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. 1 Thank you. 2 ache1i 3ooneJ Sign Permit Specialist 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 2 Contact Person: Charles D. Frankenberger and Jon C. Dobosiewicz 5) Record of Ownership: Deed Book No. /Instrument No.: 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: The National Bank of Indianapolis Address: See Exhibit `B" Phone: See Exhibit "B" 2) Project Name: National Bank of Indianapolis Engineer /Architect: See Exhibit B" Attorney: Charles D. Frankenberger Phone: (317) 844 -0106 Email: Charlie@nf- law.com Phone: (317) 844 -0106 Email: Charliea7,nflaw.colp and jon@nf-law.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 property. 4) 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 6) 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 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). 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. 8) 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 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. 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. 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. STATE OF INDIANA Indianapolis, this 7 111--. day of STATEMENT OF APPLICANT National Bank of Indianapolis ulito By SS: Mi hael S. Maurer President Date County of Before me the undersigned, a Notary Public (County in which notarization takes place) for (Notary Public's county of residence) the President of National Bank of Indianapolis and acknowledge the execution of the foregoing instrument for and on behalf of The National Bank of County, State of Indiana, personally appeared otary Public Signatu 20/G 511_5/00 6)e ereK Notary Public Please Print My CO rp�ission expireO Docket No.: Petitioner: The National Bank of Indianapolis FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. *The applicant will provide individual ballot sheets for all requested variances at the BZA meeting. CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DATED THIS DAY OF Board Member 2011. Docket No.: CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Petitioner: The National Bank of Indianapolis 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 signs will effectively address the wayfinding needs of the motoring public via the combination of the ground sign and wall sign facing Carmel Drive. 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 signs will effectively address the wayfinding needs of the motoring public via the combination of the ground sign and wall signs facing Carmel Drive. 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: Absent utilizing the proposed number of signs the owner will be unable to effectively address the wayfinding needs of the motoring public via the combination of the ground sign and wall sign facing Carmel Drive. 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 DECISION Conditions of the Board are listed on the back. (Petitioner or his representative to sign). EXCEPT 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 are 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. 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 arc 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. 2. Attorney/ Land Use Professional 0 EXHIBIT B (Contact List) 1. 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 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: Chariie@,nf law.com Email: Jon@n.f 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: A.fetahagic(i stru 4. Architect Diana M.H. Brenner, FAIA, IIDA LEED AP, President Brenner Design 10& -E e a Market Street Indi iari� orris, IN 46204 Phone: (31- 262 -1220 Fax: (317) 262 -1260 E -mail: dbrenner(cr�,brennerdesign,corn H:1Becky\Zoning Rcal Estate Matters\National Bank of Indpls Carmel Drive \Applications1Application Zoning Appeals Action DSV Request.doc