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HomeMy WebLinkAboutPacketJune 17, 2004 Connie Tingley City of Carmel Department of Community Services 1 Civic Square; 3~d floor Carmel, IN 46032 RE: Charter One Bank #207 1217 S. Rangeline Road Carmel, IN 46032 Attached, please find the following items that are required for the Board of Zoning Appeals meeting that is scheduled for June 28~h, 2004' · Application for a Development Standards Variance. (it is my understanding that upon our filing for the variance previously, I had completed the application for a Use variance, rather than the Development Standards Variance). Check in the amount of $950.00 for the Development Standards Variance processing fee. · Proof of Publication within the Indianapolis Star · Proof of Notice of Mailing · Exhibit 1 - List of Adjacent Property Owners (issued by Hamilton County Auditor's Office) · Exhibit 2 - Legal Description of Property · Letter of Grant for ADLS Amendment · Nine (9) Information Packets for members of the board Please review the contents at your earliest opportunity and call me with any questions or concerns that you may have. Sincerely, Erica Brenner eab Enclosure Reason for Variance' Statement of Purpose Carmel, Indiana Docket Number 04050025V To allow a second wall sign to be installed on the main building frontage of 1217 S. Rangeline Rd.; Carmel, IN 46032. . Reason why variance should be awarded' SignArt should be awarded the variance at this location because the only signage at this retail center is located on the front fascia of the building. Without being awarded a variance for an additional exterior wall sign, there is no way to identify that Charter One Bank is doing business within the Kroger store. CITY OF CARMEL- CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION ,FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. 04050025 ¥ DATE RECEIVED: 06 / 17 / 04 1) Applicant: SiqnArt, Inc. 2) Address: 5757 E. Cork St. Kalamazoo, MI 49048 Project Name: Charter One Bank Engineer/Architect: N/A Phone: Phone: 800-422-3030 N/A Attorney: N / A Phone: N/A 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: Aqent for Charter One Bank (Owner 4) If Item 3) (c) is checked, please complete the following' Owner of the property involved: Th e K r o 9e r C o_m p a n y Owner's address: 5960 Castleway West Dr. Phone: 317 - 579- 8100 5) Record of Ownership: Deed Book No./Instrument No. 6) Page: Purchase date: Common address of the property involved: 1:2 ~ 7 S. Ranqeline Rd. Carmel, IN 46032 Legal description: see attached Exhibit 2 Tax Map Parcel No.' 1610310000050000 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). To install a second wall sion on t.h~_ ma4n b~]4]d4ng ~rnn~.~o Section 25.07.02-08 (b) States one wall sign per building per frontage. Page 1 of 8 - zAshare(Aforms~ZA applications~ Development Standards Variance Application rev. 01/05/2004 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The ,proposed siqnaqe would be visible to street traffic thus allowing the business more traffic visibility and providing safer 9) ~0) 12) conditions for bank patrons and the general public. Present zoning ofthe property (give exact classification)' B-8 / Bus iness Size of lot/parcel in question: 6.91 1 Present use of the property: G r o c e r y - R e t a i 1 Describe the proposed use of the property: G r o c e r ¥ - R e t a i i acres (Bankinq Wi thin) 13) 14) Is the property: Owner occupied ._y_e~ - K r oq e r C o. Renter occupied Yes - Charter One Bank 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. There are no laws or restrictions that__w_olhld ~5) ~6) 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 If proposed appeal is granted, when will the work commence? August 4, 2004 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Charter One Bank 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) Page 2 of 8 - z:~shared~orms~ZA app~ications~ Development Standards Variance Application rev. 01/05/2004 . , ,, .. PARCEL I PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 18 I~ORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS- COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER SECTION; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 246.00 FEET TO THE POINT OF BEGINNING MARKED BY A P.K. NAIL; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 767.96 FEET TO A 5/8 INCH DIAMETER REBAR WITH PLASTIC CAP STAMPED "FIRM 0001" (HEREINAFTER REFERRED TO AS REBAR); THENCE SOUTH 00 DEGREES 21 MINUTES 04 SECONDS EAST A DISTANCE OF 195.91 FEET TO A REBAR; THENCE SOUTH 88 DEGREES 57 MINUTES 00 SECONDS WEST A DISTANCE OF 165.44 FEET TO A REBAR; THENCE SOUTH 01-DEGREES 04 MINUTES 45 SECONDS EAST PARALLEL WITH SAID WEST QUARTER LINE A DISTANCE OF 248.27 FEET TO A REBAR; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST PARALLEL WITH SAID NORTH QUARTER LINE A DISTANCE OF 600.00 FEET TO SAID WEST QUARTER LINE MARKED BY A P.K. NAIL; THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST ALONG SAID WEST QUARTER LINE A DISTANCE OF 447.00 FEET TO THE POINT OF BEGINNING. CONTAINING 6.911 ACRES MORE OR LESS. EXCEPT ' PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST I.N HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER SECTION; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 246.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS .EAST PARALLEL WITH THE 'NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 25.00 FEET TO THE EAST LINE OF RANGELINE ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING .NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PA/AALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST PARALLEL WITH SAID WEST QUARTER LINE A DISTANCE OF 289.42 FEET; THENCE SOUTH 04 DEGREES 42 MINUTES 21 SECONDS EAST A DISTANCE OF 158.07 FEET TO THE SOUTH LINE OF THE LAND TRACT RECORDED AS DEED RECORD 266, PAGE 3 IN HAMILTON COUNTY RECORDER'S OFFICE; THENCE SOUTH 89 DEGREES 55 MINUTES 00 Exhibit 2 SECONDS WEST PARALLEL WITH SAID NORTH QUARTER LINE AND ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET TO SAID EAST LINE OF RANGELINE ROAD; THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST PAPJLLLEL WITH THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 447.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.121 ACRES, MORE OR LESS. PARCEL II A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL I OVER A SIXTY FOOT WIDE STRIP OF LAND BEING PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 186.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55 MINUTES 00 . ~SECONDS EAST PA!q_ALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1199.97 FEET TO THE NORTHERLY EXTENSION OF THE EAST LINE OF A 60 FOOT WIDE INGRESS-EGRESS EAS~ENT RECORDED AS INSTRUMENT NO. 85-10515 IN THE HAMILTON COUNTY RECORDER'S OFFICE; THENCE SOUTH 00 DEGREES 05 MINUTES 00 SECONDS EAST ALONG SAID EXTENSION AND EAST LINE A DISTANCE OF 581.78 FEET TO THE CENTERLINE OF CARMEL DRIVE; THENCE SOUTH 69 DEGREES 55 MINUTES 00 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 63.85 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID EASEMENT A DISTANCE OF 543.63 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST PARALLEL WITH SAID NORTH QUART~ LINE A DISTANCE OF 1138.93 FEET TO SAID WEST QUARTER LINE; THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST ALONG SAID WEST QUARTER LINE A DISTANCE OF 60.00 FEET TO THE POINT 'OF BEGINNING. EXCEPT: A TEN FOOT WIDE STRIP OF LAND BEING PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP I8 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 186.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 25.00 FEET TO THE EAST LINE OF RANGELINE ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID QUARTER -2- Exhibit 2 Cont'd SECTION A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST PARALLEL WITH T}{E WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 60.00 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST PARALLEL WITH SAID NORTH QUARTER LINE A DISTANCE OF 10.00 FEET TO SAID EAST LINE OF RANGELINE ROAD; THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST PARALLEL WITH SAID WEST QUARTER LI~E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0 014 ACRES, MORE OR LESS. ' -3- Exhibit 2 Cont'd 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. 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. I, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS Please See Attached- Exhibit 1 Auditor of Hamilton County, Indiana-Signature Date Page 3 of 8 - z:~shared~orms~7__.A applications\ Development Standards Variance Application rev. 01/05/2004 " 1'ON C I, ti~atN MILL~, AUDITOR OF KNdILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SP. ARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT/~P~ THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABLrrTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THJ6 DOCUid~ DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNEiR:S ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE, ANY PERSON GEEKJNQ A MOI:iE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INEUII:iN~CE C;OMPANY. ;~OJlittN MILLSo HAMILTON COUNT~ AUDITOR E:O '~d c:l~l~ ~' N~I.,L ~,EIg69£Z,Z. T; E:T :TO i t 6.10-31,00-004)60.000 Kroo~ Limited Pin I Reel Estate Del~ 5960 Ce~tteway Dr W Indianapolis IN t6-10-31-00-00.050.00t (roger Lirrdtod Pin I Real FState Dept 5960 Casttewtt¥ Dr W ~dianapolis iN 46250 ~roocr Limited Ptn! Reef Estate Dept g60 Castlewa¥ Dr W ,:lianapolis IN 46250 ,¥, May 17, 2004 Page 1 of I ~Bg~ILLL T~ ~ T' TO Page ~,66Z:/6 T/EiO I G-09-36,,00-00,,026,000 John A WIr~ & Robert ¢ LangetQfl t/c 132 Rangeline Rd Ste 100 ;armel IN 46032 ,, 6-o~.3$.oo.8o.o27.oeo ,aul J & $tgrld K Zahner 40% & Jeff~ry M Zahner 212 Rangeline Rd $ :armel Iff 460:32 F & C Farms LLC · 1 ?.24 R,ngeltne Rd $ CARMEL IN - '---,, .... 1, 1-10-3'1-00-00.047,000 E! ~mas Investment Company 1 308 Lake~hom Dr E C rmel IN ,~033 Le nclmark Development Company 11 S Carmel DrE C] Fmol IN 46052 ---- , ..... La Jdmark Der Corp 11~ Carmel D~' E Ca 'rnel IN 46032 Lal dmark Development Co 11l carmel Dr E Ce ~el IN ...... ,...,...__..,. .,.....,,,,.,,.-...._ ,. 16.10-31-O0.01.001.00,1 Fir~ Nat Bank Of Madison Cc) P 0 Box 11401~ FOI T WAYNE tN ,4m,. t¥, I~ay 17, 2004 46032 _ _-~: ,. · , · ., ,, r. Page 1 of 2 t, gO~/6T/SO 1 C ¢ C 2~ C~ C! . , irst Nal Bank Of Madison Co P O Box 11409 ~OET WAYNE tN $-10-31-00-01..00'1.006 i rlrel: Nmt Bank Of Madison Co P O Bo~ 11409 F orr Wayne IN · F lynn & Zinkan Realty Company 3)0 WIImot RD I:: e~'ield IL irm~'l Cen~rpoiflte 34 '0 Carmel Dr E ~RMEL iN 1-10-31-00.03-~0:~.000 ifmeJ Ce~t:erpointe 34 rJc 0 Carmel Dt E ~rmel IN , rmel Csnterpointe 34 Mc P O Box 1914 rmel IN ay, May 17, 2004 46858 60015 46O32 4~)32 46O62 I=age 2 of 2 ~S969LLL ~ £T'T8 Lg ~jgd d~ ~' AFFIDAVIT i, hereby swear that ! 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. !, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed: (Property Owner, Attomey, or Power of Attorney) Date (Please Print) STATE OF INDIANA SS: County of (County in which notarization takes place) Before me the undersigned, a Notary Public for (Notary Public's county of residence) County, State of Indiana, personally appeared (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this day of ....... 20 (SEAL) Notary Public--Signature Notary Public--Please Print My commission expires: Page 4 of 8 - z:~shared~forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No. 0 4 0 5 0 0 2 5V Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 2 8th day of June 20 0z~ at 7:00 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)) Install one (1) 19.01 sq. ft. set of raceway mounted, LED illuminated U.L. labeled Charter One Bank letters. In order to do so, we are requesting a variance to Section 25.07.02-08(b) to display additional building sigage so as to adequately identify the Charter One Bank · located within Kroger, located at the address listed below. property being known as 1217 S. Ranqeline Road The application is identified as Docket No. 04050025V The real estate affected by said application is described as follows: See Attached- Exhibit 2 (Insert Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. PETITIONERS Page 5 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS I (WE) S i qnArt, I n c. DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number 04050025V , 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 John A. Wisel & Robert Langston Paul & Sigrid Zahner 1132 Ranqeline Rd. 1212 Rangeline Rd. Carmel, IN S Carmel, IN P & C Farms, LLC. 1224 RAngeline Rd. S Carmel, IN Barnes Investment Company 11308 Lakeshore Dr. E Carmel, IN Landmark Development Company 116 Carmel Dr. E Carmel, IN First National Bank of Madison Co. P.O. Box 11490 Fort Wayne, IN STATE OF INDIANA SS: The undersigned, having been duly swo[gg~__n oath sa~,ove in~..~ation is true and correct and he is informed and believes. ~~e ~r~,_.~..~._. County of K a 1 a m a z o o (County in which notarization takes place) Before me the undersigned, a Notary Public for Kalamazoo (Notary Public's county of residence) County, State of Pltch,~npersonally appeared Agent for Charter One Bank (Property Owner, Attorney, or Power of Attorney) 17th June (SEAL) and acknowledge the execution of the foregoing instrument this day of ,20~ Notary Pu blicL~g nat-u r~ Notary Public-Pleas~ Prin~ My commission expires: g,;',// Page 6 of 8 - z:~share(Aforms~BZA applications\ Development Standards Variance Application rev. 01/05f2004 Page 2 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS ! (WE) S i gnAr t, I nc. DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number 04050025V ,, 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 Flynn & Zinkan Realty Company Carmel Centerpointe 34 LLC. ADDRESS 300 Wilmot Rd. Deerfield, IL 270 Carmel Dr. E Carmel, IN STATE OF INDIANA SS: The undersigned, having been duly swo~h ~~~L~e~on informed and believes. c:'~'6a~ur; 0'f Petitione'r is true and correct and he is County of Kalamazoo for (County in which notarization takes place) Kalamazoo (Notary Public's county of residence) Agent for Charter One Bank (Property Owner, Attorney, or Power of Attorney) 17th June day of (SEAL) Before me the undersigned, a Notary Public County, State of Mi~,h!~lctpersonally appeared and acknowledge the execution of the foregoing instrument this ,200 C/Notary Public-;~g n~t~re' Notary Public-Please~, Print\ My commission expires: Page 6 of 8 - z:~shared~orms~BZA applications\ Development Standards Variance Application rev. 01/05/2004 80000-3287786 PUBLISHER'S AFFIDAVIT State of Indiana SS: MARION County REC'D JUN 0 7 2O04 I~OTZCE- OF PLIBLIC HEAliNG APPEALS -Docket N.~. · 0405002V/0405~- , Notice' is :hereby given that the Carmel/Cl~y Board of; Zoni~. A~eals meeting on the 2i~t.h aa~ of dune 20134 ~ /~0'~.m. in the City Council Chambers, i civic · Sclu~re. Carm~d-..[ndiana will hold a PUOUC Hear-a ~pon.a Development StattL~rns Variance application· to:in'Stall' one (1) ].9.01 .sq. ~.__Se~...OT raceway mounte.d, minated DB labeted fjrtal'[er One BaRk letters. In order to do so, we are requesting a variance to Section 25.07.02-08 (b) to display additional buildmng signage so as to adequately identify the Charter One Bank locat- ed within Kroger Store, located at address listed below. Property being knoWn as 1217 S. Rang( Line Road. The ~application is identified as Docket No ~0s0o2v/040s0mn. ~ r~ estate affected by sago app . cation is described as follows: : EXHIBIT A LEGAL DESCFLTJ::q~C)N PARCEL I "Part of the southwest quar- ter of S~ctJon 3~L, Township : ]_B North, range 4 East in i H am it to n county, Zn d inna , i idescrib ed as foil oWs: ~. commencing at the north- . West corner or'Said' south- i~West quarter~ seCtionl i minutes 45 secOnas ea FOITII (': along the west .'line of sak i quarter section a distance o i 246,00 feet to the ~ beginning marked by .west quarter ti~e 'a distance of. 248,27;~feet' to a rebar; thence SoUt~ 89 degrees 55 minutes 00 .seconds west parallel with said north quarter line~a distance of 600';00 :feet i:to Said. weSt ,quarter line marked by ia ;P,K, .nail; ithenCe north 01 ~, degrees ~ mi?utes 4.5 ,m~- lutes 45 seCOnos west a~o g i sa~ we~ quarter, line ~' d.!s-; !tance of 447.00 feet .to. t. ne i .~int of beginning, ~orrca)mng ~,6,~L .acres ~re or m.s~. EXCEPT: ~art ~e soe~.., west quarter of secti°n ~'j:, township [8 north, range4 .: east in Hamilton County, : Tndiana, described aS fol~ ~.lows: Commencing atthe :northwest corner of said i southwest quarter secti°n; i thence s°Uth 0[ degrees 04 ! minUtes 45[:secOnds east ~ a:long ~the ~West line:of sai:d I~ 2a,6:00 feet; 'thence ~nq~ degrees 55 ends east'paralle) wr[n:um nOrf~ line of ,,sa id:qUarter :feet to' 'the east qine Rangeline ';re. a~ be!.n.g t~l~e: :~r~rming ~y ~a.eg~j :~5~minutes 00Seconds east- ~llel with ;:the !no~.'tineJ ~ ~id qua rte~ ~nce: 0f' I0:00 feet; ~mence J! ~.:sobth 0t ,degreeS 04 :mtn- J ~:~ ~45 sec~dS ~ !paral- J [ d~With said weSt,~uarte[ I' Ii ne a, d i stun ce :.of 289,4;? ~; feet; thence: j d~g.'e~ 4~::min~s~'z 20,00 :f~)to ?said !aa .t .ihnei: n.~ gangeline ROad; :l Personally appeared before me, a notary public in and for said county and state, the undersigned Karen Mullins who, being duly sworn, says that SHE is clerk of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation printed and published in the English language in the city of INDIANAPOLIS in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), between the dates of: 06/03/2004 and 06/03/2004 Subscribed and swom to before me on 06/03/2004 My commission expires: point et 1 ,y a P.K. J :rlaJJ; -thenC:e~ ,north .89 degr~S 55 minutes 00 sec. / o,~ east parallel With :the · :north:Ii'ne:of Sa:id-'.qua'~er IPRESCRIBED FORMULA a distan~:~ 767:~ ~feet: 'to a 5/8 inc~ .oiame[er ~eber with ,,plastic Cap] stamped F~rm 000~ (here , "; r~ ~ ;.;rz~ ~uLUIVI__N- 94 POINT ~'~t;;s 6~ ~;o"a: ~;~;; [~UAR~S x $4.67-.308 CENTS PER LINE distance rebar; thence sourn u degrees 04 minutes 45. sec- ends east parallel with said eue{PUl jo olelS '0{lqnd ~J~lON J TTT,'"~TT,'"¥I ,w'~"qkT T~'r~'~'~l ~ J RATE PER L~ Clerk Title ' I Notary Public PUBLISHED 1 TIME = .308 PUBLISHED 2 TIMES= .462 PUBLISHED 3 TIMES= .616 PUBLISHED 4 TIMES= .770 easement for ingress and egress for the benefit of parcel I over .a-si~t)' foot wide strip of land being part of the southwest quarter of section 31, Township 18 north, range 4 east in Hamilton County, Indiana, described as follows: Commencing at the north- west corner of said quarter section; thence South 01 degrees 04 minutes 45 sec- onds east along the west line of said .quarter section a distance of 186,00 feet to · the point Of beginning; ,th.once north 89 degrees 55 minutes O0 seconds east parallel 'with the north 'line of said quarter section a dis- j tance of ']-~.97:'feet ,to. the J northerly .extenSion of the J east line of a 60 foot .wide J ingress-egress easement J recorded as instrument No. 1 85<L0515 in the HamiltOn CoUntY Recorder's Office; J thgnce south O0 degrees 05 / m~nuteS 00 seconds east'/ . along said '~nsion and east ' tine: .a distance. Of 581.78. feet to the centerline ' .of Carmel .Drive; .thence south 69 degrees 55 min- .utes 00 seconds ,West along said centeHine a distance, of i 63.85 ,feet; thence-north O0 !degrees 05 'minutes 00 sec- ; ends west along ~the west, i line Of: Said easement a dis- I tance of ~43.~3_feet; thence ~ sOuth :89 degre~,~55 utes 00 seconds West'i3aml- lei with said north quarter . line a distance of ~138.93 feet to said west quarter :line; thence north '01 degrees 04 minutes 45 sec- . ends West along Said west quarter.line a .distance of , 60:00 feet:to the pOint,of ;i begi nning,. :EXCEPT:. A ten ' foot Wide striper land being i .part ?f the southwest quar- i [~e~r of .s~. ction .31, township ! ~u north, range 4 east ih Hamilton County, Tndiana, i described as follows: Commencing .at the north, west corner of said quarter section; thence south 01 'degrees 04 minutes 45 sec_ ends east along the west : line of said quarter section a ,distance of 186.00 feet- .thence north 89 degrees 55 · minutes O0 seconds east .parallel with the north lin( .of said quarter sec~on a dis- ,tance of 25.00 feet,to the least-tine of Rangeline ROad~ ~.b, eing the pO. iht of beginning; ~:~lr~ence continuiag north · : eg. rees 55 minutes O0 ~sec, ends east parallel with :the I north:' lin& of said quarter [ seCtiona distance of?LOgO0 / feet; thence . SoUth_ 01 J deg. r~:~-s 0zj -mi~ '45 sec- 'orms east parallel With the' west line of said.quarter section, a distance of 60.00 feet; thence sOuth 8,9 degreeS 55 minutes 00.sec- · ends west,.paraltel with said north quarter linen ~distance of 10.00 feet to said east tine of, Ran.gelirie ROa~d; :th~ce ~rth O1 'degrees' 04 mtn:utes: 45. Seconds wes{ parallel With:said west quarL, .Lee[, line a-.distance of 60~Oe .i : eet;:to the point i~of<begin: ning. -! Co'nta i.n:i ng acres, re°ruer'teSs, il.i ~ :-.~l! i:n~d persons~.~ir~ J m9 to:preSent, their views -on J · the .above application, either 'in ~tin~: br vacuity; WilI Ue given. a:n .opportunity 'to be J ~heard at the abOve,men ~0~ed time and ~ce~ .,. ~:: raU:~des;:~etitioner. j '~: (S, 6~3~, 3287786) CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.' Petitioner: 04050025V Carmel, Indiana SignArt, Inc. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS DAY OF ,, 20 Board Member Page 7 of 8 - z:~shared~forms~ZA applications\ Development Standards Variance Application rev. 0110512004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04050025V Petitioner: S i gnAr t, I nc. 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: Proper business identification is ~..~.q~nf. i a! to cond~ucting ~_ prosperous business, thereby adding to the economic stability . of the community. 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: Local business would profit by increasing their customer base, thereby increasing their sales by drawing on Charter One Bank's customer flow. The proposed signage also enhances the facade of the . building in keeping the current design and standards. 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: Charter One Bank and Kroqer share the same buildinq frontage, .thereby requiring a variance for one additional wall sign on building fronta§ DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 0 4 0 5 0 0 _'2 5 V 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). Z:\shared\forms\BZA applications\devstandapp Revised 01/05r2004 Page 8 of 8 - z:~shared~forms~ZA applications\ Development Standards Variance Application rev. 01105/2004 REC'.D JUN 0 ? CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning June 2, 2004 LETTER of GRANT Brad Rhodes SIGNART 5757 East Cork Street Kalamazoo, MI 49048 Re: Charter One Bank - Kroger, Docket No. 04050014 ADLS Amend Dear Brad: At the meeting held June 1, 2004 the Special Studies Committee took the following action regarding the Architectural Design, Lighting and Signage Amendment (ADLS Amend) approval for the property located within the 1217 Range Line Road. APPROVED: Docket No. 040500014 ADLS Amend. The Committee approved the request four (4) in favor zero (0) opposed with the following condition: that there will be only 2 lines of copy: Charter One on one line and Bank on the second line, thereby granting the petition. In order to assist the Department's review, please attach a copy of this letter when making application for permits regarding the improvements contained within this approval. Do not hesitate to contact me if I can be of further assistance. Sincerely, Angelina Butler Planning Administrator Department of Community Services 317-571-2417 cc: Jeff Kendall, Building Commissioner DOCS Dawn Pattyn Ramona Hancock Sarah Lillard 2004 06 1 04050014 ADLS Amend.pb Z o © Z -i-I z 0 I © +1 +1 Z Z ~iiE LN ,::;!il :~:;?;BOU LD E R ;: 001 ii~bLom'~e.ilS~reet Atlas USA; © 2001 GDT,