HomeMy WebLinkAboutApplication Boone, Rachel. M.
From: Boone, Rachel M.
Sent: Thursday, March 31, 2011 5:15 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's
Subject: Docket No.•Assignrnent: Crown Liquors Signage #11030013 -14 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) Crown Liquors
Signage.
They will be the following:
Docket No. 11030013 V $607.00 Development Standards Variance Hearing Officer fee
Docket No. 11030014 V $303.00 Development Standards Variance Hearing Officer
additional fee
Total Fee: $910.00
(V).Crown Liquors Signage
The applicant seeks the following development standards variance approvals:
Docket No 11030013 V Ch.25:07 :02 =09 B Number of signs (2 proposed, 1 `allowed)
Docket No. 11030014 V Ch.25.07 02 -09' C-- Total Square footage (119.76-piopo'sed, 60 allowed)
The site is located at 4000 W. 106 St.' and is'zoned B -2 within the US 421 Overlay Zone.
Filed by Steve Granner of Bose McKinney Evans on behalf of Crown Liquors.
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 to occur no later than Friday; :April 15. Published notice 'is r d `equire
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 22. 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 15. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to. the May=23;;2011 agenda of the BZA.
5. This Item will appear on the April 25,: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 -Fact sheet for each petition the night of the
meeting for the Board's use,(Sh'eet 8).,O,n Ballot sheets, only fill out docket number, petitioner, 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 betabled to the May 23, 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 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 (317-444-7168 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 cc.che 3 cane
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. ustservices /communityservice.html
Please consider the environment before printing this e -mail
2
CITY OF CARMEL CLAY TOWNSHIP`:
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Family Single
g y Primar y Residence) ,$291.90 for the first variance plus�$89.00 for l ot7 of the
ordinance being varied. All Other $1,156.50 for the first variance, plus $546.40 fo =t=• additi al se of
the ordinance being varied. OR see Hearing Officer Fees h
RECEIVED
DOCKET NO. 1 0 f 11- VV DATE RECEIVED N 116 29 al
1) Applicant: Crown Liquors" c
Address: 1920 N. Shadeland Avenue, Indianapolis, IN 4,6219 N-
2) Project Name: Weston Shoppes, Phone: 317- 845 -6
Engineer /Architect: N/A Phone: N/A
Attorney: Philip A. Nicely; Bose McKinney Evans LLP Phone: 317 684 -5301
Contact Person: -Steven B. Granner, AICP Phone: 317 684 -5304
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: Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:' Weston Shoppes LLP
Owner's address: 5750 E. 91 Street
Phone: 317- 845 -0885
5) Record of Ownership:
Deed Book No. /Instrument No.::. '2006 -55530
Page: Purchase date: September 19, 2006
6) Common address of the property involved: 4000 W. 106 Street
Legal description: See Attached Legal Description
Tax Map Parcel No.: 17- 13- 06,00 -00- 028.000
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 25.07.02.09 b)'— Maximum Number and Type. Petitioner requests a variance of development standards
of the Sign Ordinance to 'allow Crown .Li uors t� have a second wall sign, said sign to face the 106 Street
frontage• F 2G .01 0 1 6) vyt c X �r (9 y")
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance). The Crown Liquors tenant space is oriented
to both Michigan Road and to 106th, Street. The entrance faces Michigan Road, so an identification sign is
necessary on that facade, lust like the other-tenants. Being the end tenant,,•Crown Liquors also faces 106
Street, so an identification sign is also necessary for west -bound traffic on 106 Street.
1878835v1
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9)' Present zoning of the property (give exact classification): B2/421 Overlay
10) Size of lot/parcel in question: 4.87 acres
11) Present use of the property: Commercial
12) Describe the proposed use of the property: Liquor Store
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. 09080010 ADLS Amend.
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?
Crown Liquors
NOTE: LEGAL NOTICE shall be published in the Indianapolis Stara 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.
Applicant Signature: "7
A-7—, Date: 3 /Zg'7
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.
1878835v1
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AFFIDAVIT
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 my behalf with regard
to this application and subsequent hearings and testimony.
Signed ��'2i,,:. 3/28/11
(At orney) Date
Philip A. Nicely,
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me the undersigned; -a Notary. Public in and for said County and State, personally appeared Philip A. Nicely,
Attorney, and acknowledged the execution of the foregoing instr ent this 28th day of March, 2011.
I
i 7 A
i
4 otary Public
Printed
My Commission Expires: S TEVEN B.GRANNER
My County of Residence: Marion County
a;•:, My Commission Expires
'sk
i; October 23, 2016
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4 1. 0 9
REC v
ki4R292011
DO s
LAND DESCRIPTION
(per Record Instrument 197- 40005)
Part of flit 5ovtitweef Quarter ef Sec{ en :6, Township 17
North, Range 3 East= of the Second Principal Meridion in Clay
Township, Hamilton County. Indiana, more particularly
described os follows:
Commencing ot the southwest corner of the Southwest Quorter
of Section= 6. Township` 1,7 North, Range .3 East of the Second
Principal Meridian. in. .Clay Township, Homilton County.
Indiana; thence NORTH 89 degrees 12 minutes 24 seconds EAST
(assumed bearing) 1085.12 feet olong the south line of said
quorter section to o PK Noil marking the point of
intersection of the centerlines of U.S. Highway 1421 and
106th Street; "thence continuing NORTH ,89 degrees 12 minutes
24 seconds EAST 53.24 feet along the south' line of said
quarter section to a point on the eost right —of —way line of
U.S. Highway #421; thence NORTH 20 degrees 52. minutes 39
seconds WEST 72.92 feet along said eost right —of —way line to
a point of intersection of said east right —of —way, line and
the north right—of—way line of 106th Street; thence SOUTH 55
degrees 49 minutes 52 seconds EAST 40.98 feet along the north
right -of —line of 106th Street; thence NORTH 89 degrees 12
minutes 24 seconds EAST 341.62 "feet along said north right
of —way line, parallel with the south line of said quorter
section, to a 5/8" diameter iron pin with o yellow cop marked
"Weihe ENGR. 0012" (copped rebor), said rebor marks the TRUE
POINT OF BEGINNING of the herein described tract; thence
NORTH 18 degrees. 08 minutes 25 seconds WEST 4 27.53 feet to a
copped rebor; thence NOF.TH 69 degrees 40 minutes 11 seconds
EAST 285.25 feet to o copped rebor; thence NORTH 20 degrees
52 minutes 47 seconds WEST 28.24 feet; thence NORTH 89
degrees 12 minutes 24 seconds EAST 172.19 feet, parallel with
the south line of said quarter section; thence SOUTH 20
degrees 52 minutes 39 seconds EAST 564.32 feet to the north
right —of —way line of 106th Street os it now exists; thence
SOUTH 89 degrees `12 minutes 24 seconds WEST 497.63 feet along
soid north _right —of —way line to the POINT OF BEGINNING.
containing 5.374 ocres more or less.
Subject to on easement for a woter main or line granted to
Indianapolis Water Company in Grant of Eosement doted May 4,
1995 and recorded May 22, 1995 os Instrument No. 95- 36024.
Subject to easements, covenonts, conditions, restrictions.
encumbrances and 'agreements set forth in Eosements With
Covenants and Restrictions Affecting Lond by and between K —E
Properties, LLC and Mundy Realty, Inc.. dated May 14, 1996
and recorded May 29. 1996 as Instrument No. 9622088; os
affected by Consent and Subordination Agreement by el
y Christ
DeHoon dated May 9, 1996 and recorded May 29, 1996 as
Instrument No. 9622089.
Subject to all other easements. covenonts, restrictions and
right —of —ways of record.