HomeMy WebLinkAboutApplication CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
DOCKET NO.
1)
2)
DATE RECEIVED'
Apphcant anl~~~e~:i' ~:Mendian Hotel Partners, LLC cio Tim Dora
Addr~s~ 97~?~~~v No~heast Blvd., Fishers, ~ 46038
Project'Nhme: Hilton GardmI~-Si~ Variance Phone:
Engineeffg2~h~e.~.: ...... ~.c/o 'Tim Dora Phone: (317) 201-0088
Attomey: James E. Shinaver (jims~nf-law.com
Phone: (317) 844-0106
3)
Applicant's Status' (Check the appropriate response)
X
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
4)
If Item (3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address'
5)
Record of Ownership'
Deed Book No./Instrument No.
344
6)
7)
Page: 988-992 Purchase date: September 10, 1984
Common address of the property involved: /I~~N.~ Pennsylvania, Carmel, IN 46033
Legal description: See Exhibit "A", (hereafter "Real Estate")
Tax Map Parcel No.' 16-09-26-00-00-016.003
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). See Exhibit "B" (hereafter "Explanation")
8)
State reasons supporting the Developmental Standards Variance request: (Additionally,
complete the attached question sheet entitled "Findings of Fact-Developmental Standards
Variance")
See Exhibit "C"
9)
Present zoning of the property (give exact classification): B2-Business District
10)
Size of lot/parcel in question'
+5 acres
11)
Present use of the property: Hotel
12)
Described the proposed use of the property: Hotel
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.
Yes, ADLS/DP application filed in 2001 as Docket No. 97-01 DP/ADLS and amended
ADLS filed in 2004 as Docket No. 04-05-0004 ADLS Amend.
15)
Has work for which this Application is being filed already started? If answer is yes, give
details' YES
Building Permit Number:
Builder:
16)
If proposed appeal is granted, when will the work commence?
The signs which are the subject of the variance request are already located on the
building.
17)
If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
The Applicant, its successors and assigns and subsequent owners of the real estate.
NOTE'
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-
five (25) days prior to the public heating date. The certified "Proof of Publication" affidavit for
the newspaper must be available for inspection the night of the heating.
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 and
abutting property owners. (The white receipt should be stamped by the Post
Office at least twenty-five (25) days prior to the public heating 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.
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 advise of
his/her attorney.
This documents prepared by:
James E. Shinaver
NELSON & FRANKENBERGER
3105 E. 98th Street, Suite 170
Indianapolis, IN 46280
844-0106
E-Mail' jims~nf-law.com
H:XJanet\DoraXDSV Request.doc
OWNER'S AND PETITIONER'S CONSENT
Meridian Hotel Partners, LLC, by Timothy J. Dora, its Managing Member, the
undersigned ("Petitioner"), hereby authorizes the law firm of Nelson & Frankenberger, P.C., and
its attorneys, agents, and representatives, to represent the Petitioner in connection with all
proceedings ("Proceedings') before the Board of Zoning Appeals of the City of Carmel, Indiana,
to obtain the approval of certain variance requests in regard to the real estate which is more
particularly described on what is attached hereto and incorporated herein by reference as Exhibit
g6Ag,'
MERIDIAN H ERS, LLC
By: ~
~rn-o~ or'r'~, ~ana~ing Member
STATE OF INDIANA )
)ss.
COUNTY OF "/~~/,~7~A//
)
Before me, a Notary Public in and for said County and State, personally appeared
Timothy J. Dora, Managing Member of Meridian Hotel Partners, LLC, who acknowledged
execution of the foregoing Petitioner's Consent.
WITNESS my hand and Notarial Seal this ~? 4-/, day of
My Commission Expires:
Cott.nty of Residence'
2004.
Notary Public
Printed Name
H:Uanet\Dora\Owner's & Petitioner's Consent.doc
EXHIBIT A
Legal Description
Part of the East Half of the Southwest Quarter of Section 26, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly described as follows'
Beginning at the Northeast comer of said Southwest Quarter Section; thence along the
North line thereof South 88 degrees 42 minutes 47 seconds West (assumed beating)
301.06 feet to a point 300.00 feet North 88 degrees 42 minutes 47 seconds East from the
center line of U.S. Highway//31 (line "K" for I.S.H.C. Project ST-F-222(9) DTD 1973);
thence South 01 degrees 17 minutes 13 seconds East 16.50 feet to the approach fight of
way line for the intersection of 131 st Street and said U.S. Highway/431; thence along said
approach fight of way line South 70 degrees 58 minutes 56 seconds West 180.10 feet to a
point of the Easterly fight of way line of said U.S. Highway//31, said point lies on a
curve having a radius of 2146.83 feet, the radius point of which bears South 71 degrees
52 minutes 15 seconds East; thence southerly along said curve and said fight of way line
an arc distance of 380.58 feet to a point which bears North 82 degrees 01 minutes 41
seconds West from said radius point; thence parallel with the North line of said
Southwest Quarter Section North 88 degrees 42 minutes 47 seconds East 558.15 feet to a
point on the East line thereof, which said point bears South 00 degrees 10 minutes 07
seconds East 439.67 feet from the point of beginning; thence along said East line North
00 degrees 10 minutes 07 seconds West 439.67 feet to the Point of Beginning, containing
5.00 acres, more or less.
EXHIBIT "B"
EXPLANATION
Meridian Hotel Partners, LLC ("Petitioner"), is the owner of a parcel of real estate
located at the southeast comer of U.S. 31 and Main Street. The common address of the
property is 10309 N. Pennsylvania. The Petitioner operates a hotel on the real estate
which is known as the Hilton Garden Inn. In 2001, the Petitioner submitted a
Development Plan and ADLS Application regarding certain wall signage for the hotel.
After some time passed, the Petitioner commenced with construction of the hotel and
eventually sought sign permits for the wall signage. After the wall sign permits were
issued, it was discovered that, due to the size of the wall signs, variances were required.
However, since the sign permits were issued, the Petitioner has constructed the wall signs
on the north and south facades of the hotel. Included with this variance application is a
site plan for the real estate and corresponding building elevations and photographs of the
existing signage for which the Petitioner is seeking a variance.
The wall signs which are currently affixed to the building are approximately 130
square feet. The Petitioner is requesting a variance to permit an increase in the size of the
wall signs to be located on the north and south elevations of the building.
HSJanet~Dora~Explanation.doc
EXHIBIT "C"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.'
Petitioner: Meridian Hotel Partners, LLC
o
.
o
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 proposed variances will not have any affect on
public health, safety, morals, and general welfare of the community and, in part, the requested
variances are necessitated for the reason of providing adequate and proper notice of the
Applicant's business location and the services it offers to the general public.
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 requested variances are necessary to
provide adequate and proper notice of the Applicant's business location and the services it offers
to the general public, and the granting of the variances should not have any impact on the use
and value of the properties which are adjacent to the site.
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 Applicant will be denied the opportunity to
provide adequate and proper notice of the Applicant's business location and the services it offers
to the general public.
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 ,2004.
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).
HSJanet\Dora\F of F DSV.doc