Loading...
HomeMy WebLinkAboutApplication/sign area WITHDRAWNDOCKET NO. ...... CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST DATE RECEIVED' 1) Applicant: Kite Development Company,. Inc. Address' 30 South Meridian St., Suite 1100, Indianapolis, Indiana 46204 2) Project Name' Abuelo's- Greyhound Commons Phone' 577-5600 Engineer/Architect: Phone' Attorneys: Paul G. Reis and Mark T. Monroe Phone' 580-4848 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 (c) Other: Applicant is the developer and related entity to the property owner. 4) If Item 3) (c)is checked, please complete the following' Owner of the property involved: Kite Greyhound, LLC. .. Owner's address: same as applicant Phone: same as applicant 5) Record of Ownership: Instrument No' 200036996 Page: Purchase date' Summer, 2000 6) Common address of the property involved: None assigned at this time. Legal description' See Attached Exhibit 'A' Tax Map Parcel No' 16-10-19-00-00-001.009; 17-10-19-00-00-027.101;and 16-10-19-00-00-031.001 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). ~.~a.r_ianCe~-request-4ro-m-~Section~~~.~~f Planned Unit Development Ordinance, Z-344, t? i~.~re-a-s~e the m~axim:um~s:i.qr~;~a~ea~ f ~-~gn-~n-th~est_bui~ di n.q~`~e~e~a7tib~fr.~,~75~§q~u~f ~b~t__t~"9~§~uu are~ fee t. Variance request from Section ~1~1~3J~`~b~f~;P~h~ed~Uf~;it~Deve~pment~rdinanc~e;~Z~3:44;~t~_increase-themaxi:m~um sign ,¢~a~f::~he~-~L-odtbe-~i:[ding-elevati°n-from40Squ~-~e~tCto~85s~b~~t. Aisc, variance request from Sec ti o n:~~~-o f-P tanned-Unit- P~eFb]~~-t~O~Ed;id~¢8-~ .e,Z- 34 4~-t o%C-h~nq e-the col or s -of-the wall~ s ~Tn s fro m 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). At the time that Ordinance Z-344 was adopted amendinq the Carmel Clay Zoning Ordinance, the applicant had not yet prepared final development plans, architectural design, lighting, landscape or si.qnage for the proposed Page 1 of 5 -- Developmental Standards Variance Application 9) 10) 11) 12) development on the property subiect to the Planned Unit Development District. Conceptual drawings were presented to illustrate the overall development in support of the rezoninq of the property. Now that the south end of the real estate is to be developed for restaurants, the sign area and color can be finally determined. Present zoning of the property (give exact classification): PUD Size of lot/parcel in question: + 5 acres, subiect to rights-of-way Present use of the property: vacant Describe the proposed use of the property: restaurant development 13) 14) Is the property: Owner occupied X Renter occupied Other 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. NO 15) Has work for which this application is being filed already started? If answer is yes, give details' Building Permit Number: Builder: 16) 17) if proposed appeal is granted, when will the work commence? as soon as possible If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? various tenants within the development project Page 2 of 5 -- Developmental Standards Variance Application AFFIDAVIT I, hereby swear that I am the attorney for the applicant and the owner of the 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. Date Mark T. Monroe, Attorney for Kite Development Company, Inc. (Please Print) STATE OF INDIANA COUNTY OF MARION SS' Before me the undersigned, a Notary Public in and for said County a/,~d_,~ta!e, personally appeared Monroe and acknowledged the execution of the foregoing instrument this//~ ?C--day of February, 2004. Mark T. (SEAL) '--Notary ~u~ic--t~Celi~da Bowersox Resident of Marion County, Indiana Commission expires' Page 3 of 5 -- Developmental Standards Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No · Petitioner: Kite Development Company, Inc., FINDINGS OF FACT - DEVELOPMENTAL 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 maximum si.qn area and color established by this variance will ensure that the siqna.qe on the restaurants will conform to the approved sign desi.qn adopted the Carmel/Clay Plan Commission. . 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 variance establishes the criteria and guidelines approved by the Plan commission in consideration of the use and value of the adjacent area and properties. , 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 zoninq ordinance as amended by Z 344 is not in conformance with the restaurant desiqn specifically approved for this development proiect thereby creatin.q an ambiquity that needs to be removed by this variance. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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/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) S:\carmelclaylanduseregs\checklist~devstandapp Revised 1/25/2000 Page 5 of 5 -- Developmental Standards Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner' Kite Development Company, Inc. FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) -1. , . DATED THIS DAY OF , 20 Board Member Page 4 of 5 -- Developmental Standards Variance Application LEGAL DESCRIPTION A part of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, described as follows' Beginning at a point at the intersection of the north line of the south half of said quarter section with the eastern boundary of State Road 431, said point being North 89 degrees 15 minutes 32 seconds East 609.82 feet from the northwest comer of the south half of said quarter section; thence along said eastern boundary Northwesterly along a curve to the right with a radius of 5671.60 feet, the radius point which bears North 66 06 minutes 18 seconds East a distance of 292.04 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence North 69 degrees 03 minutes 19 seconds East 47.00 feet; thence North 90 degrees 00 minutes 00 seconds East 130.48 feet to a non-tangent curve having a radius of 270.00 feet the'radius point which bears South 55 degrees 55 minutes 00 seconds East, thence Northeasterly 365.41 feet along said curve to a point which bears NOrth 21 degrees 37 minutes '34 seconds East from said radius point; thence North 89 degrees 14 minutes 07 seconds East 192.22 feet; thence South 00 degrees 10 minutes 51 seconds West 526.33 feet to a point on a non-tangent curve having a radius of 278.87 feet, the radius point of which bears North 67 degrees 12 minutes 27 seconds West; thence Southwesterly, Westerly, and Northwesterly along said curve 630.33 feet to a point which bears South 62 degrees 17 minutes 54 seconds West from said radius point, said point lies on the aforesaid Easterly limited access right-of-way line (the next two courses are along said right-of-way); 1) thence North 24 degrees 51 minutes 15 seconds West 72.38 feet to a curve having a radius of 5671.60 feet, the radius point of which bears North 65 degrees 06 minutes 51 seconds East; 2) thence Northwesterly along said curve an arc distance of 102.38 feet (101.7 feet deed) to the Point of Beginning which bears South 66 degrees 08 minutes 54 seconds West from said radius point, containing 8.498 acres, more or less. This description encompasses Parcels 1, 2, 3, and 4 as shown on this survey by 'United Consulting Engineers, Job No. 02-802, and completed May 31, 2002, with no gaps, gores or overlaps contained herein. legal description - height variance Planned Unit Development District Ordinance - 146th Street and Keystone Avenue within an attached garden center shall not be stacked higher than the height of the exterior wall. All refuse shall be contained completely within the principal or accessory building(s). Any accessory structure designed for refuse storage shall be architecturally compatible with the principal building. Section 11 _2_ Inading-Berths: A. Any loading or unloading berth or bay visible fi'om U.S. Highway 31 or Keystone Avenue shall be screened subject to the approval of the Plan Commission or.Committee of the Plan Commission. Any overhead doors on the south side of any building shall be screened and shall be subject to the approval of the Director of the Department of Community Services. B. Any overhead doors and/or solid steel doors located on the south fagade of a building to be used for loading or unloading of goods, products, merchandise or other materials shall be screened by a wall not less than eight (8) feet in height to be designed and constructed with materials approved by the Director. Section 11.3. Signs: A. Single Tenant Buildings 1. Number & Type: The maximum number of Identification Signs permitted shall be one (1) wall sign on the west building frontage and one (1) wall sign on the building frontage where the main entrance is located. For those buildings containing over 100,000 square feet, two additional wall signs shall be permitted on the building frontage where the .main entrance is located. 2. Maximum Sign Area for buildings over 100,000 square feet: West building frontage: 100 sq. ft. Main entrance building frontage: 150 sq. ft. Two additional wall signs: 27 sq. ft. each Cann-eVCl:iY~Z0~ning-Ordinance'-Z=30 c--~A~a~f0r':_~l-otherbuitdingg: For purposes of calculating the maximum Sign Area under the Ordinance, the distance of Sign from Street Right-of- Way shall be measured perpendicular to the fight-of-way of the street currently known as Keystone Avenue. 3. Location: As shown on building elevation drawings. 4. Design: All wall signs shall co~~vidual letters. The color of the sign faces shall 5. Copy: As per definition of IdentificationSi~. 6. Illumination: Internal. The additional wall signs are not to be illuminated. 7. Window Signs: No window sit~.s are allowed. 8. Sign permit: Required. 9. Fees: Required. QWEST EL~/ATION ~ Vw"or-e- -- ..... .. 300 QWEST ELEVATION ~$ DAli[ 300 .. /- - IiXI~AN FOOD IIIAIIY SCALE: 1/1'-1'-0" _ _ ~ 1/l'= 1'-0' SCALE.: 1/4"- 1 '-0" l SC.N.E: 1/4'-~'-0'