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HomeMy WebLinkAboutApplication HAMILTON COUNTY, INDIANA ~ "'~ .~' APPLICATION FOR BOARD OF ZONING APPEALS ACT!°N ..... '~,,,¢ ...... ,, .......... , _ DEV ,,E ,LOPMENT STANDARqS 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. DATE RECEIVED: 1) Applicant:,,Duke Realty Limited Partnership Address: 600 E. 96th Street. Suite. 500 · 46240 2) Project Name: Ham~lt'_nn Crossin[ Wes~._g]]31 aing ~ -- Phone: 808-6158 Engineer/Architect: N/A .... Phone:., N/A 3) Attorney:_ Philip A,. N.iciey Applicant's Status: (Check the appropriate response) Phone: .... ,,, 684-5301 X _ (a) The applicant's name is on the deed to the property , (b) The applicant is the c°ntmct purchaser of the property ~ (c) Other: 4) If Item 3) (c) is checked, please complete the following: 5) Owner of the property involved: Owner's address: Record of Ownership: Phone: ,, ., Deed Book No./Instrument No. , 200,300007707, Recorded.,,,,1,/2,2/.,03 page: Purchase date: July 29, 2002 6) 7) Common address of the property involved: . 12800US Highway 31 N (aka North Meridian Street) ........ _ . · Legal description: (See attached description) . Tax Map Parcel No' 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 va,ria, nce' of development standards of Section 25.7.02-10(b) , ,, of the Sign ,Ordinance,.to allow a third wall sign to be located on Building 3. .. said sign ~0 be ,%o,cated on the south facade al,on~ the 126th Street frontage. Page I of 8 - :,'Lfl*mred~orms~ZA applicalions~ 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 ' · · . essentiall~ has three str._____eet frontages. 9) 11) 12) 13) Present zoning of the property (give exact classification):_B-2/US .3! Corridor Size of lot/parcel in question: ! 0.07 Jl Present use of the property: Mu__.._ll::i_-t:e~a~t:, Multi-level O~:f_ce Bu±'ld-f~ Describe the proposed use ofthe property: Co~t....____iaued use as a muJ___.___~$-te~a~: ~-leve'l ... office building acres Is the property: Owner ocCupied__ Renter occupied × Other 14) Are there any restrictions, laws, ~ovenants, 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. ' Co_q_q~_panion ADL__~_petition for the si__~_q_:~ · 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: 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? . FCCI insur.____ance CrouE___- NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORy twenty-fiV~ (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the ~ewspaper 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:~shared1~'~~ applicatior.,s~ Development Slandards Variance AppllcalJon rev. 01/05/2004 AFFIDAVl? 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 ali 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: ~-F~' :~ , ' ..~, L 6 / 1 1 / 04 ( perry Attorn r of Attorney)Date _ Phiiip A. Nicie¥ (Please Print) ..... STATE OF INDIANA SS: "' , County of Hamilton (County in which notarization takes place) Before me the undersigned, a Notary Public for Marion (Notary Public's county of residence) County, State of Indiana, personally appeared Philip A. Nicley (~:O~a[~', Attomey, ~) and acknowledge the execution of the foregoing instrument this 11 th day of June (SEAL) _,20 04 -- ,, Notary Pubhc S~gnature Steven B. Granner Notary Public--Please Print - My commission expires: 10/23/08 ,, , Page 4 of 8 - z:~sham~orms~ZA applicationst Development Standards Variance Application rev. 01/05/2004 -. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Duke Realty. LimitedPartnership , FINDINGS OF FACT-.DEVELOPMENT S..TANDARD..S VAR!ANCF~ The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: , The Sign 0rdinan.ce allows for three wall .signs. for bui.l,dings with three street frontages. Building 3 essentially has three str.eet frontages. The variance being _ requested is within the .spirit of what was contemplated, by ,t,he ordinance. _ _ 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 con~n,]e m.~ a b~,.~ine.~ corridor.. T.b~ ~s~g_n__~8 small, is not intrusive, and wac' forme..rly located on the building's east facade , 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 .property essentially has three street frontages and the major tenant in the building wi.l..1 not be able t.,o .identify itself unless the 'Board determines that three wall signs is reasonable and appropriate for the building. ,, ,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 Boar~d, which are incorporated herein by reference and made a part hereof. Adopted this ...... day of .... ,20 CHAIRPERSOn, Carmel/Clay Board of Zoning Al~l~eal~ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:\shamd\forms\BZA applications\devstandapp Revised 01/05/2004 - : Page 8 of 8 - z:~sharecN'orrns~BZA applications~ Development-Standards Variance Applicalion rev. 01/05/2004 _ . .,REALIZ..E. 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 assiqned until all supportin.q 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. !, ...... (Please Print) , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWN E.__.._..__~R ADDRESS (To be filed.) , A~ditOr of Hamilton County, Indiana--Signature Date Page 3 of 8 - z.'~shared~orms~BZA applicaUonst Development Slandards Variance Applicalion rev. 01/05/2004 - EXHIBIT A PAGE 1 OF I . · · . · A LAND BOUNDARY DESCRIPTION' OF .HAMILTON CROSSING ~;EST . HAMILTON COUNTY, .INDIANA NOVEM~EK 14, 1997 ,.-:, AMENDED AUOUST'20, 1998 A part' of th= Southwest Quarter of Section 2{5, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at' file northwest comer of-said quarter section; thence North gg degrees 42 minutes 47 seconds East 710.01 f~¢t along thc north linc of said quarter section; thence South 00 degrees 2:5 minutes 34 seconds -East 1,166.50 feet; thence Southerly 116.10 fe~t along an arc to th~ left and-having a radiu~ of-600.00 f'¢ct and subtended by a long chord having a bearing of' South 0:5 d~:gr¢cs $$ minutes 12 seconds East and. a length of 115.92 £¢ct to thc northe~tcm comer of thc dcdiCaZtion of public right-of-way for 126th Street, Instrument number 8826758, as shown thc Land Title Survey .prepared by Paul I. Cripe, Inc., for Duke A~sociat~, dated December 17, 19116 and last r=vi~d November g, 19119; thence along the cas~m fight-of-way lira: of said 126th lltr.,-¢t thc following two (2) courses (1) Southerly, and $outheast~ly 299.23 fi:ct ~[ong an arc to thc left and having a radius of 600.00 fcct and $ubtcndcd by ~t long chord having ~ beating of South 25 dcgrc~ 47 minutes 59 scconds Fast and a Icngth of 296.14 fcct; (2) South 40 dcgrccs' 05 minutes 13 seconds East 453.12 fcct · along said right-of-way line to the southwestern comer of a prop~exi Ingress-Egress Eas~ent shown on thc I.L.T.A. Survey prepared by Paul I. Cripc, Inc., for Duke 'Associates, dated August 31, 19.89. and last revised November 13, 1989 and the POINT OF BEGINNING of this description: thence along thc southeastern and eastern lines of said proposed Ingress-Egress Easement the following three (3) courses (1) North 49 degrees 54 minutes 47 s¢c6nds East 74.95 · . · feet; (2) Northeasterly and Northerly 298.72 fcct along an arc to thc Icff and having a radius of 340.00 feet and subtended by a long Chord having a bearing of North 24 degrees 44 minutes 36 .~. , EIItlBI'T .:." seconds East and u length of' 2~9.20 l'eet; (3) North 00 d,-'grees 25 minutes 34 seconds West 199.'/0 feet to the south line of thc proposed Building 4 parc=l; thcn¢= South 90 degrees 00 minutes 00 seconds Fast 4?0.72 £¢t;t along s~id south linc to tho western right-of'-way lint o£ U.S. Highway :31; thence South 00 degrees 03 minutes 5'/s¢csnds F.a~t 912,72 feet along said western right-of-way line to the northern right-of-way line of' said 12.6th Street; thence along the northern · and northeastern right-of-way line of said 126th Street th~ fbllowing thru~ (3) courses (I) So~th 89 dcgr~s 54 minutes 47 seconds West 30.04 £cct; (2) Wcstcrly, and Northwcstcrly 523.60 f'cct along an arc m thc right and having a' radius of' 600.00 feet and subtend=ct by u long chor4 having · a bearing of North 6:5 degrees 0:5 mimatcs 14 scconds Wcst md a Icngth of' 507.15 fcct; (3) Non. h 40 degrees 05 minutes 13 seconds '~/est 246.42 feet to th,,~ point of beginning and containing 10.071 acres, mor~ or less. The b~rings" ' .. ~n'thrs 'dcscrigtig/n arc based upon the north linc of the · southwest Quarter of Section 26 having 'a bearing bf., Nbrt}i 88 degrees 42 minutes 47 seconds East. Subject to, all oascmcn~, restrictions and rightS-of,way of,legal record.' °' · · : I ~ . ... · EXHIBIT / / / / / / / \ \ il .! / I / / / / / / / ' ! t"~H+H H~H+HIF-I I _-J t hh-Z UtllI-F'F'I~IIIIIIIIIU'-4 111111tt 111111IIIIill - I~/////////////////H//-i _ V///77////?//////////'/'6d  //!ilt111111/!/!/!ll11~ ilIII/IIII/iH/////Zd I I iC9~-:I800/900'd 9ZO-J. ozg. g. zoiu. it~+ NglS:I(] A(i Ng'IS ~d6Z:tO kOOZ-ZZ-NYr . 800/LOO'd 9ZO-.l. Ngl s~(:] ,kB- Ne lS.,: 0 -"F- .