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Home My WebLink AboutCorrespondenceATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LARRY J. KEMPER JOHN B. FLATT OF COUNSEL JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, INDIANA 46280 - 317-844-0106 FAX: 317-846-8782 August 20, 2004 Angie Butler Carmel Dept. of Community Services One Civic Square Cannel, IN 46032 Re: Hilton Garden Inn- Meridian Hotel Partners, LLC- Sign Variance Application Docket Nos. 04060009V and 04060010V- Proof of Publication and Mailing Dear Angie: Enclosed are additional green cards received since I initially submitted proof of publication and mailing to you for the above-referenced matter. Very truly yours, JES/jlw Enclosures NELS~ & FRANKENBERGER Shinaver HAJanetkDorakButler Itt 082004.do¢ City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317-571-2417 Fax: 317-571-2426 FACSIMILE TELECOPY COVER LETTER DATE: TO: August 18, 2004 Jim Shinaver, Nelson & Frankenberger FAX: 846-8782 FROM: Connie Attached hereto are 4 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2419 and ask for Connie. NOTES: You are listed as the contact person for this docket. Please make sure you notify your Petitioner(s). Attached are the Agenda and Department Report for the August 23, 2004 BZA Hearing Officer meeting. Please remember to bring three (3) additional fully filled-out Findings-of-Fact sheets and ballot sheets for each petition the night of the meeting for the Hearing Officer's use. Please call if you have any questions. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, ff you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us. JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOItN B. FLATT FREDRIC LAWRENCE of counsd JANE B. MERRILL & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW 3105 EAST 98~ S~R~-Wr SUITE 170 INDIANAPOLIS, INDIANA 46~0 317-844-0106 FAX: 317-846-8782 August 12, 2004 VIA HAND DELIVERY Angie Butler Department of Community Services One Civic Square Carmel, IN 46032 Re.' Hilton Garden Inn- Meridian Hotel Partners, LLC -Sign Variances Docket Nos. 04060009V and 04060010V Board of Zoning Appeals Hearing Officer Meeting August 23, 2004 ~ 6:15 p.m. Dear Angie: Enclosed please find nine (9) informational brochures for the above matter. Also, please find enclosed the following for the above-referenced matter: le 2. 3. 4. 5. Notice of Public Heating; Affidavit of Mailing with list of owners attached as Exhibit "A"; Proof of Publication; List from Hamilton County Auditor regarding surrounding property owners; and Certified, return receipt requested cards which were returned by the surrounding property owners. Should you have any questions, please contact me. Very truly yours, JES/mlf Enclosures NELSON & FRANKENBERGER Shinaver H:~MARGIE~Jim S~-Iilton Garden Inn Buffer (DCS) ltr.doc NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LARRY J. KEMPER JOHN B. FLATT OF COUNSEL JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, INDIANA 46280 317-844-0106 FAX: 317-846-8782 August 11, 2004 VIA E-MAIL: jdobosiewicz~ci.carmel.in.us Jon Dobosiewicz Carmel Dept. of Community Services One Civic Square Carmel, IN 46032 Re~ Hilton Garden Inn- 8/23/04 Heating Officer Variance Heating at 6'15 p.m. Dear Jon: I previously faxed to you an e-mail message that Tim Dora sent to Mike Hollibaugh regarding the measurements of the signs for this site. Upon review of Tim's e-mail, it appears that he was mistakenly applying the freeway calculations to this site when I believe the non- freeway calculations should be applied. In this regard, the signs will be facing non-freeway roads. Upon my review of the site plan, the distance of the building from the adjacent fight-of- ways, and the building frontage, I have determined the following: o South Facade Wall Sign- The sign to be located on the south side of the building is over 300 feet from the closest street fight-of-way, which would be Carmel Drive. Further, there appears to be approximately 140 feet of building frontage along the south side of the building. For this calculation, I incorporated the building frontage associated with the pavilion for the hotel. Based on the foregoing, my understanding is that we would be entitled to a sign which is approximately 100 square feet in size for the south side. Since we are requesting a sign which is approximately 130 square feet, we would be requesting a variance for approximately 30 square feet. Please confirm if my understanding is correct. , North Facade Wall Sign- There appears to be 170 feet from the building to the fight-of- way for Main Street. Further, there appears to be 140 feet of building frontage, again which includes the building frontage associated with the pavilion. Based on the foregoing, my understanding is that a wall sign 90 square feet in size would be permitted on the north elevation of the building. Since we are requesting a sign which is approximately 130 square feet, we would be requesting a variance for approximately 40 feet. Again, please confirm if my understanding is correct. Jon Dobosiewicz August 11, 2004 Page 2 For purposes of the above, I treated this building as a single tenant building located near a non-freeway area. If you could confirm or clarify my understanding regarding the above prior to the August 23ra BZA heating, I would truly appreciate the same. Contact me with any questions. Very truly yours, NELSON & FRANKENBERGER James E. Shinaver JES/jlw cc: Tim Dora (tdora~dorahotels.com) H:XJanet\Dora\Dobosiewicz ltr 081104.doc NELSON & FRANKENBERGER A PROFESSIONAL CORPO~TION ATTORNEYS AT LAW July 12, 2004 VIA FACSIMILE: 571-2426 Jon Dobosiewicz Carmel Dept. of Community Services One Civic Square Carmel~ IN 46032 Hilton Garden Inn- Meridian Hotel Parme~, LLC - Sign Variance Application Before the Board of Zoning Appeals/Hearing Officer Docket No, 04060009V; 04060010V Request for Continue of July 26, 2004 BZA Hearing Dear Jori: In fiu~erance of our receat telephone conversations regarding the above, please accept this letter as a formal re, quest to continue the above-referenced matter until the August 23, 2004 BZA meeting. I will contact your offi~ in thc next few wccks to dctcnni~c who thc hcaring officer will be for the August BZA matters so that we can det~mine whether or not we will appear before thc hearing officio or the f~l BZA in August 2004. T~,-ks aga~ for you~ assistaacc in this matter, and contact me with any questions, Very mtly yours, NELSON & FRANI~NBERGER JEs/j w Enclosure cc: Tim Dora (E-maih TDora~dorahot~l~.com) H;Unnet\D0ra~D0bosiewicz #2 Itt 071204.doc NELSON & FRANKENBEROER A PROFESSIONAL CORPO~TION ATTORNEYS AT LAW L4MF_~ ~. NELSON C~ D. ~ENnER~ER JAMES E. $EINAVER LARRY L KI~BR JOHN B. FLAW OF CO~SEL JANE B. MERRILL FAX TRANSMISSION COVER $~ET 3105 EAST 9~TH STREET SUITI~ 170 INDIANAPOLIS, iNDIANA 46280 ~117-844-0106 FAX: 317~7R2 Date; July 12, 2004 To: Jori Dobosiewicz Company: Carmel DOCS Fax: 571-2426 From: James E. Shinaver Phone: 317-844-0106 P es: 2 (including cover sheet) Subject: Hilton Garden Inn Thc htfimnafion contained in this facsimile message is intended only for the use of the individual or entity named above. If the reader or recipient of this messa~ is not the intended recipient or an c-mployee or agent of the intended recipient who is responm'ble for delivering it to the intmaded r~cipient, you are hereby notified that any dissemination, distn~oution or copyi~ of this communica~on is strictly prolu'bited. If you have received this communication in error, please notify us by telephone (collect) nnd return the original messag~ to us at the above indicated address via the U.S. Postal Serei~e. Re~ipt by anyono othe~ than the intended recipient is not a waiver of nn attorney-elien! or wo~ product privilege. NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LARRY J. KEMPER JOHN B. FLATT OF COUNSEL JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, INDIANA 46280 31'7-844-0106 FAX: 31'7-846-8782 July 1, 2004 Connie Tingley Carmel Dept. of Community Services One Civic Square Carmel, IN 46032 Re~ Hilton Garden Inn- Meridian Hotel Partners, LLC - Sign Variance Application Docket Nos. 04060009V and 04060010V- Filing Fee Dear Connie: Enclosed please find a check made payable to the City of Carmel in the amount of $1,400.00 for the filing fee for the above-referenced matter. Please mail a receipt for this payment to my attention at the address above. As usual, thank you for your cooperation and assistance in this matter. JES/jlw Enclosure Very truly yours, NELSON & FRANKENBERGER Shinaver H:klanet\Dora\Tingley ltr 070104.doc Morrisse¥, Phyllis G From: Sent: To: Cc: Subject: Butler, Angelina V Friday, June 18, 2004 3:26 PM Tingley, Connie S Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Pohlman, Jesse M; Brennan, Kevin S Docket No. Assignment: (V) Hilton Garden Inn (#04060010 V & 04060009 V) Connie, Please print and fax this c-mail to thc petitioner identified below and update thc file. I have issued thc necessary Docket Numbers for (V) Hilton Garden Inn. They will be thc £ollowin~: Docket No. 04060009 V Docket No. 04060010 V Total Fee: $950.00 $450.00 $1,400.00 Hilton Garden Inn: Signage The applicant seeks the following development standards variances: Docket No. 04060009 Chapter 25.7.02-8 (c) sign area Docket No. 04060010 Chapter 25.7.02-8 (b) sign not facing frontage The site is located at 13090 N Pennsylvania St. The site is zoned B-2/Business within the US 31 Overlay Zone. Filed by Jim Shinaver of Nelson & Frankeberger for Meridian Hotel Parmers. Petitioner, please note the following: 1. This Item will be not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, July 1, 2004. Published notice is required within the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, July 23. 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, July 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, August 23, 2004, agenda of the BZA. 5. This Item will appear on the July 26, 2004 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Petitioner: please complete the following items: 1 .) Provide an up-to-date list of adjacent property owners from the Hamilton County Auditor's office. 2.) Please submit an application for a Development Standards Variance for the south sign not facing a frontage. Please contact Mr. Shinaver at 844-0106 (Fax: 846-8782) with this information. Once the file is updated please return it to my office. Thank you, Angie One Civic $Cl~are Carmel, IN ~ (317) 571-2417 Fax'. (317) 571-2426 ...... I I lllll ~ ~l I Ill I Phone: From: _ Pages: ,,, , , ,, J, CC: ..... ~ U~ent l-I For Review 1-1 Please Comment 1~ Please Reply El Please Recycle To: Cc: Subject: Tingley, Connie S Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jori C; Pohlman, Jesse M; Brennan, Kevin S Docket No. Assignment: (V) Hilton Garden Inn (#04060010 V & 04060009 V) Connie, Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Numbers for (V) Hilton Garden Inn. They will be the following: Docket No. 04006009 V Docket No. 04060010 V Total Fee' $950.00 $45O.OO $1,400.00 Hilton Garden Inn: Signage The applicant seeks the following development standards variances: Docket No. 04060009 Chapter 25.7.02-8 (c) sign area Docket No. 04060010 Chapter 25.7.02-8 (b) ~"-~ not lacing trontage -__ 13090 N Pennsylvania St~'Zoned B-2/Business within the US 31 Overlay Zone. Filed by Jim Shinaver of Nelson & Frankeberger for Meridian Hotel Parmers. Petitioner, please note the following: 1. This Item will be not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, July 1, 2004. Published notice is required within the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, July 23. 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, July 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, August 23, 2004, agenda of the BZA. 5. This Item will appear on the July 26, 2004 agenda o:f the Board of Zoning Appeals under PUblic Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Petitioner: please complete the following items: 1.) Provide an up-to-date list of adjacent property owners from the Hamilton County Auditor's office. ~~~ Please submit an application for a Development Standards Variance for the south sign not facing a frontage. ,. Please contact Mr. Shinaver at 844-0106 (Fax' 846-8782) with this information. Once the file is updated please return it to my office. Thank you, Angie From' Hollibaugh, Mike P Sent: Friday, June 11,2004 12:00 PM To: Butler, Angelina V; Dobosiewicz, Jon C Subject: RE: Hilton Garden Inn -Variance(s) Angie in a meeting with Tim Dora on Monday, I informed him of a need for variances for area and frontage, as you've pointed out. Tim understood and seemed fine. It shouldn't come as a surprise when you counter Mr. Shinaver with the second variance requirement. thanks Mike ..... Original Message ..... From: Butler, Angelina V Sent: Friday, .]une 11, 2004 9:23 AM To: Dobosiewicz, .]on C; Hollibaugh, Mike P Subject: Hilton Garden Inn - Variance(s) Hello: just touching base with you two to see exactly what was told to Mr. Dora and/or Mr. Shinaver about the variances for signage. Mr. Shinaver is stating that they were told they only needed one variance for sign size. I would like to counter that and say that they also need a variance for having the south sign not facing a frontage. please advise, thank you. Sincerely, Angle Butler Planning Administrator Division of Planning & Zoning Department of Community Services City of Carmel One Civic Square Carmel,]:N46032 p317.571.2417 f317.571.2426 From' Sent: To' Subject: Babbitt, Pamela A Thursday, June 10, 2004 12:11 PM Brewer, Scott I; Butler, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P; Keeling, Adrienne M; Pattyn, Dawn E new Meridian Hotel Partners 10309 N. Pennsylvania Street DSV "singage" contact: Jim Shinaver 844-0106 jims@nf-law.com JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE of counsel JANE B. MERRILL VIA HAND DELIVERY Jon Dobosiewicz Angie Butler Carmel Dept. of Community Services One Civic Square Carmel, IN 46032 & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW 3105 EAST 98'm S'mErr StaTE 170 Inmnnnl, OtaS, Inow~ 46280 317-844.0106 FAX: 317-846-8782 June 10, 2004 Re' Hilton Garden Inn- Meridian Hotel Parmers, LLC - Sign Variance Application July 26, 2004 BZA Heating Dear Jon and Angie: Enclosed please find the following: le An original and two (2) copies of a Sign Variance Application regarding the above. e ge One (1) full-size copy of the site plan and one (1) 11 x 17 copy of the site plan. Two (2) renderings of the north and south elevations of the building depicting the wall signs. , Two (2) photographs of the existing wall signs for the north and south elevations. As you know, certain wall signage was ,approVed through the ADLS/DP process in 2001 for this site. At that time, the proposed wall signage for the north and south elevations of the building was to be approximately 174 square feet in size. After a fairly significant amount of time passed, Meridian Hotel Partners, LLC commenced construction with the hotel and eventually sought sign permits for the wall signage to be placed on the north and south elevations of the building. The Sign Permitting Department issued sign permits for the wall signs; however, after the sign permits were issued, it was determined that variances were required for the size of the wall signs. Tim Dora and Mike Hollibaugh discussed the issue and it was determined that Meridian Hotel Partners, LLC could construct the wall signs due to the issuance of the building permits, but that they would be required to seek variances for the size of the wall signs. Further, in the event they were unsuccessful with the variances for the size of the wall signs, they would be required to remove the existing wall signs. We have now also learned that the signs which were actually located upon the building are not 174 square feet in size but, instead, are approximately 130 square feet in size. Further, my understanding is that Tim Dora met with Mike Hollibaugh to review the current status of this site and they discussed the permitted sizes of the wall signs for the north and south elevations and the proportionality of the existing signs on the building. In any event, we are moving forward with seeking the required variances. Below is what I believe to be the schedule. If I have made any errors or omissions in the schedule, please contact me. 6/11 - File variance 6/15 - File ADLS Amend 6/18 - Noon ADLS Amend brochures 6/29 - Noon notice to paper 7/1 - Publish and mail notice 7/6 - SSC heating- ADLS Amend" 7/16- Noon variance brochures/proofs- 7/26 - BZA hearing . Thank you, and I look forward to working with you on this project. Very truly yours, JES/jlw Enclosures NELSON & FRANKENBERGER J ~naver H:UaneflDorakDobosiewicz-Butler ltr 060904.doc