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HomeMy WebLinkAboutCorrespondence & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FI,ATT FREDRIC LAWRENCE of counsel JANE B. MERRILL August 20, 2004 VIA HAND DELIVERY Jon C. Dobosiewicz Department of Community Services One Civic Center Carmel, IN 46032 3105 EAST 98TH STREgT SIJITE 170 INDIANAPOLIS, INDIANA 462,80 317-844-0106 FAX: 317-846-8782 g¢~ Dear Jon: The Kroger Company- Developmental .Standards Variance Applications Docket Nos. 04070018V and 04070030V Please find enclosed the following for the above-referenced matter: le 2. 3. 4. 5. Notice of Public Hearing; Affidavit of Mailing; Proof of Publication; List from Hamilton County Auditor regarding surrounding property owners; and Certified, remm receipt requested cards which were returned by the surrounding property owners. The above-referenced docket matter is to be presented to the Heating Officer of the Carmel Board of Zoning Appeals on Monday, August 23, 2004. ~ Should you have any questions, please contact me. Very truly yours, NELSON & FRANKENBERGER Lawreac~m' per LJYdj lw Enclosures HSJanetkKrogelSSign Var.kDobosiewicz pub Itt 082004.doc 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 Larry Kemper, 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. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us. Tin~lle¥, Connie S To: Cc: Subject: Lawrence J. Kemper (E-mail) Butler, Angelina V FW: UPDATED Docket No. Assignment: (V) Kroger @ Range Line - Signage (#04070018 V & 04070030 V) Here is the filing information for the Kroger @ Range Line signage. You are listed as the contact person, please notify your petitioner(s) with the appropriate information. Please let me know if you have any questions. Connie Tingley BZA Secretary 571-2419 ..... Original Message ...... From: Butler, Angelina V Sent: Thursday, .luly 22, 2004 12:38 plVl To: Tingley, Connie S Cc: Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Hike P; Keeling, Adrienne IVl; Kendall, .left A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, .ion C; Pohlman, .lesse M; Brennan, Kevin S Subject: UPDATED Docket No. Assignment: (V) Kroger @ Range Line - Signage (#04070018 V & 04070030 V) Connie, Please print and fax this c-mail to thc petitioner identified below and update thc file. I have issued thc necessary Docket Number for (V) Kro~er ~ Range Line - Signa~e. It will be thc following: Docket No. 04070018 V Docket No. 04070030 V Total Fee: $450.00 $450.00 $900.00 Kroger ~ Range Line- Signage The applicant seeks the following development standards variance for 2 additional wall signs: Docket No. 04070018 V Chapter 25.7.02-08(b) number of signs Docket No. 04070030 V Chapter 25.7.02-08(b) type of sign The site is located at 1217 S Rangeline. The site is zoned B-8/Business. Filed by Larry Kemper of Nelson & Frankenberger for the Kroger Company. 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 29, 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, August 20. 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, August 13. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, September 27, 2004, agenda of the BZA. 5. This Item will appear on the August 23, 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.) Try to provide the Board with a photo of the building and the proposed sign imposed on it. 2.) Ballot sheet: fill in petitioner and docket no. and date only. 3.) Please provide a color photo of a sign that is similar to your proposed, and exist oday (as an example). Please contact Mr. Kemper at 844 -0106 or (Fax: 846 -8782 or e-mail: larry@nf- law.com) with this information. Once the file is updated please return it to my office. Thank you, Angie SCANNED 2 Sent: Thursday, July 22, 2002:28 PM To: Butler, Angelina V Subject: RE: Kroger Sign Variance Angie: I am sorry, but I forgot to clarify in my earlier email. Since this is an amendment to the earlier filing under docket no. 04070018V, will there be a second docket number for the Charter One variance? PLEASE NOTE OUR NEW ADDRESS BELOW. Lawrence J. Kemper NELSON FRANKENBERGER 3105 E. 98th St., Suite 170 Indianapolis, IN 46280 (317) 844 -0106 (phone) (317) 846 -8782 (fax) NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Original Message From: Butler, Angelina V [mailto:AButler @ci.carmel.in.us] Sent: Thursday, July 22, 2004 12:16 PM To: Larry Kemper Subject: RE: Kroger Sign Variance I understand your logic on this. I will issue the second docket number today and have Pam fax you the docket no. information. Sincerely, Angie Butler Planning Administrator Division of Planning Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 p 317.571.2417 f 317.571.2426 SCANNED 2 Original Message I1 From: Larry Kemper [mailto:la ry@nf-law.com] Sent: Thursday, July 22, 2004 12:10 PM To: Butler, Angelina V Subject: RE: Kroger Sign Variance Angie: When we met with Jon, he indicated that the Dept considered the Kroger building a single tenant ground floor building. As such, the ordinance allows one sign per frontage. Here, the Kroger building has frontage on Rangline and Executive Dr. As you know, the ordinance allows the transfer of a sign from one frontage to another, provided that if the end result is two signs on the same frontage, one must be a wall sign and the other a ground sign. Since we are asking for a second wall sign (in addition to the Kroger sign), it was our understanding that we needed a variance as to type of sign (wall instead of ground) for the pharmacy sign. As you indicated, we are also asking for a variance to permit a third wall sign for the Charter One Bank sign. Please confirm that the foregoing is accurate. Of course, if we only need a variance for the Charter One sign and not the pharmacy, that would be fine with us. Please let me know. PLEASE NOTE OUR NEW ADDRESS BELOW. Lawrence J. Kemper NELSON FRANKENBERGER 3105 E. 98th St., Suite 170 Indianapolis, IN 46280 (317) 844 -0106 (phone) (317) 846 -8782 (fax) NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Original Message From: Butler, Angelina V [mailto:AButler @ci.carmel.in.us] Sent: Thursday, July 22, 2004 11:44 AM To: Larry Kemper Subject: RE: Kroger Sign Variance Larry, are you sure you want to seek two variances? Technically, all you have to do is only seek the variance for number of signs on the west frontage. The other variance for a wall sign instead of a ground sign (being transferred from north to west frontage) is irrelevant. 3 SCANNED Please let me know what you •ide and I will issue the docke I today. Sincerely, Angie Butler Planning Administrator Division of Planning Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 p 317.571.2417 f 317.571.2426 4 SCANNED Butler, Angelina V From: Larry Kemper [tarry@nf- law.com] Sent: Thursday, July 22, 2004 12:38 PM To: Butler, Angelina V Subject: RE: Kroger Sign Variance Thank you Angie. Please just make sure that docket no. 04070030 V regarding type of sign is associated with the pharmacy sign, and 04070018 V regarding number of signs is linked with the Charter One sign. Thanks again. PLEASE NOTE OUR NEW ADDRESS BELOW. Lawrence J. Kemper NELSON FRANKENBERGER 3105 E. 98th St., Suite 170 Indianapolis, IN 46280 (317) 844 -0106 (phone) (317) 846 -8782 (fax) NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Original Message From: Butler, Angelina V [mailto:AButler @ci.carmel.in.us] Sent: Thursday, July 22, 2004 12:30 PM To: Larry Kemper Subject: RE: Kroger Sign Variance Larry: we will use the existing 04070018 V (for number of signs) and the new docket (type of sign) will be 04070030 V. -Angie Original Message From: Larry Kemper [mailto:larry @nf- law.com] SCANNELdi 1 Butler, Angelina V From: Sent: To: Cc: Subject: Dobosiewicz, Jon C Wednesday, July 21, 2004 8:30 AM 'Larry Kemper' Butler, Angelina V RE: Kroger Sign Variance Larry, No variance but you do need to show them to the commission as part of the ADLS Amendment. Thanks, Jon ..... Original Message ..... From: Larry Kemper [mailto:larry@nf-law.com] Sent: Wednesday, July 21, 2004 8:15 AM To' Dobosiewicz, Jon C; Butler, Angelina V Subject: Kroger Sign Variance Jon and Angie' As you know, Kroger is requesting a variance to permit a pharmacy sign on a proposed drive thru. The fire dept has requested that Kroger also install four directional signs on the drive thru, two of which read "entrance" and "do not enter". The other two requested signs indicate the clearance of the drive thru. Each of the four signs is less than 3 square feet in area, but located higher than 3 ft above ground level. Do these four signs constitute "Traffic Directional Signs" under the ordinance? If not, should we request a variance for each? Please let me know if a variance is required as I will include in the amended variance application that I intend to file around noon today. PLEASE NOTE OUR NEW ADDRESS BELOW. Lawrence J. Kemper NELSON & FRANKENBERGER 3105 E. 98th St., Suite 170 Indianapolis, IN 46280 (317) 844-0106 (phone) (317) 846-8782 (fax) NOTICE OF CONFIDENTIALITY This E-mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and immediately delete this message from your system. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify 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 July 21, 2004 Jon Dobosiewicz Carmel Department of Community Services One Civic Square Carmel, IN 46032 Re' Kroger Sign Variances Dear Jon: As we discussed, enclosed please find an amended application for sign variances regarding the Kroger located on Rangeline Road in Carmel. By way of background, the following is relevant in regard to the above request: o Sign Art, on behalf of Charter One Bank, originally filed an application for sign variance and an ADLS application to permit a Charter One Bank sign on the Kroger building. o The Special Studies Committee of the Plan Commission approved the ADLS application of Sign Art, on behalf of Charter one, on June 1, 2004. ge The variance request was scheduled to go before the Board of Zoning Appeals on July 26, 2004. e On or about July 9, 2004, Kroger submitted an application requesting a sign variance to permit a pharmacy sign on the same Kroger building. Se On or about July 15, 2004, Sign Art withdrew its application for sign variance on behalf of Charter One Bank, and it was removed from the July 26, 2004 BZA agenda. Ge On or about July 16, 2004, Kroger submitted an application for ADLS approval to permit a drive-thru to be added to the Kroger building in connection with the pharmacy. 7~ Kroger's request for ADLS approval to permit the drive-thru is scheduled to go before TAC on Wednesday, July 21, 2004. Jon Dobosiewicz July 21, 2004 Page 2 ge Kroger's request for ADLS approval of the drive-thru and the pharmacy sign is scheduled to go before the Special Studies Committee on August 3, 2004. e With the filing of this Amended Application, Kroger's request for the pharmacy sign and Charter One Bank sign variance is currently on the agenda for the August 23, 2004 BZA meeting. As we discussed, Sign Art has withdrawn its application for sign variance regarding the Charter One sign so that Kroger could add that requested ~e to its petition filed on July 9, 2004. Accordingly, enclosed herewith is the Amended( ADLS~_ application for sign variances which is requesting (i) a variance for the pharmacy signXr~~ng type of sign permitted and (ii) a variance to permit the Charter One Bank sign as an add~ional sign on the Rangeline fromage of the Kroger building. ~~t~X,~ Should you have any questions regarding the foregoing, please do not hesitate to contact me. Very truly yours, NELSON & FRANI~NBERGER Lawrence~mpe. r LJK/jlw Enclosures HSJanet~Kroger\Sign Variance~Dobosiewicz Itt 072104.doc JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE of counsel JANE B. MERRILL & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW 3105 EAST 98Tn STazrr SmTZ 170 INDIANAPOLIS, INDIANA 46280 317-844-0106 FAX: 317-846-8782 VIA HAND DELIVERY July 16, 2004 Jon Dobosiewicz City of Carmel Depamnent of Community Services One Civic Square Carmel, IN 46032 Re: Carmel Lutheran Church Special Use Amendment- Docket No. 04060002SUA Development Standards Variance - Docket No. 04060003V Dear Jon: Enclosed are 9 informational brochures for the upcoming July 26, 2004 Board of Zoning Appeals hearing. Please call me with any questions. Thank you. 'Very truly yours, NELSON & FRANKENBERGER Lawrence r LJK/jlw Enclosures HSJanet\Carmel Lutheran Church~Dobosiewicz Itt 071604.doc Tin~lle¥, Connie S From: Sent: To: Cc: Subject' Butler, Angelina V Wednesday, July 14, 2004 1:33 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) Kroger @ Range Line - Drive Thru Pharmacy Sign (#04070018 v) Connie, Please print and fax this e-mail to the petitioner identified below and update thc file. I have issued the necessary Docket Number for (V) Kroger ~ Range Line - Drive Thru Pharmacy Sign. It will be the following: Docket No. 04070018 V $450.00 Total Fee: $450.00 Kroger ~ Range Line- Drive Thru Pharmacy Sign The applicant seeks the following development standards variance: Docket No. 04070018 V Chapter 25.7.02-08(b) number of signs The site is located at 1217 S Rangeline. The site is zoned B-8/Business. Filed by Aaron Reynolds of Paul I Cripe, Inc. for the Kroger Company. 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 29, 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, August 20. 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, August 13. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, September 27, 2004, agenda of the BZA. 5. This Item will appear on the August 23, 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 the square footage of the sign. 3.) Please show/label road rights of way on the site plan. 4.) Please fill out page 8 of 8 - Findings of Fact. 5.) Please provide the square footage of the Rx logo. 6.) Please provide a color photo of a sign that is similar to your proposed, and exists today ( as an example). 7.) Please do not use a raceway; use pin mounted letters. 8.) Try to provide the Board with a photo of the building and the proposed sign imposed on it. Please contact Mr. Reynolds at 842-6777 or (Fax: 841-4798) w~th this information. Once the file is updated please return it to my office. ~ Z-IX/-' O 5,/ Thank you, Angle 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' July 14, 2004 TO' Aaron Reynolds, Paul I Cripe, Inc FAX' 841-4798 FROM' Connie Attached hereto are 2 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 is the filing information for: Kroger @ Range Line- Drive Thru Pharmacy Sign 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, ff you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution orthe 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. 111 Butler, Angelina V 1 Iq To: Tingley, Connie S Cc: 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 Subject: Docket No. Assignment: (V) Kroger Range Line Drive Thru Pharmacy Sign #04070018 V) Connie, Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary Docket Number for (V) Kroger Range Line Drive Thru Pharmacy Sign. It will be the following: Docket No. 04070018 V $450.00 Total Fee: $450.00 Kroger Range Line Drive Thru Pharmacy Sign The applicant seeks the following development standards variance: Docket No. 04070018 V Chapter 25.7.02 -08(b) number of signs The site is located at 1217 S Rangeline. The site is zoned B- 8/Business. Filed by Aaron Key_nol sofPaul I Cripe for the Kroger Company. 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 29, 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, August 20. 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, August 13. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, September 27, 2004, agenda of the BZA. 5. This Item will appear on the August 23, 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 the square footage of the sign. 3.) Please show /label road rights of way on the site plan. 4.) Please fill out page 8 of 8 Findings of Fact. 5.) Please provide the square footage of the Rx logo. 6.) Please provide a color photo of a sign that is similar to your proposed, and exists today as an example). 7.) Please do not use a raceway; use pin mounted letters. 8.) Try to provide the Board with a photo of the building and the proposed sign imposed on it. Please contact Mr. Reynolds at 842 -6777 or (Fax: 841 -4798) with this information. Once the file is updated please return it to my office. Thank you, Angie SCANNED 1 Butler, Angelina V From' Sent: To: Subject' Tingley, Connie S Friday, July 09, 2004 4:17 PM Brewer, Scott I; Butler, Angie; Dobosiewicz, Jon C; Hollibaugh, Mike P; Keeling, Adrienne M; Pattyn, Dawn E new submittal Rec'd today: Fifth Third Bank DSV Canopy Addition I have placed them on the BZA shelf. ct Paul I Cripe 842-6777 Jim Nelson 844-0106 K4 Architrcture 513-455-5005 Benchmark Land Services 841 -1506 Tom Engle 231-7499 EXHIBIT B EXPLANATION OF REQUESTED DEVELOPMENT~ STANDARDS SIGN VARIANCES The Applicant is the owner of the retail building commonly known as the Kroger grocery store, 1217 South Rangeline Road, Carmel, Indiana 46032 ("Kroger"). Kroger is characterized under the Carmel Sign Ordinance (Section 25.07.02.08) as a single tenant ground floor.building, and has frontage on both Rangeline Road and Executive Drive, thus permitting two identification signs. Kroger is set back 290 feet from Rangeline Road, and 73 feet from Executive Drive. The Kroger building is 310 feet in length, north to south, along its front elevation. Currently, the Kroger building is identified by one wall sign on the west facia of the building facing Rangeline Road which reads "Kroger". Under the Ordinance, a single tenant ground floor building is allowed to transfer a permitted sign from one frontage to another frontage where another sign already exists, provided the second sign is of a different type than the previously existing sign. In other words, if the previously existing sign is a wall sign, the sign transferred must be constructed as a ground sign, and vice versa. The Applicant is requesting two variances' (i) a variance to permit a wall sign identifying a pharmacy on the west elevation of the proposed pharmacy drive-thru facing Rangeline Road ("Pharmacy Variance") and (ii) a variance to permit a wall sign identifying Charter One Bank on the elevation facing Rangeline Road ("Charter One Variance"). The Pharmacy Variance is a variance as to type in that the Applicant is requesting the relocation of a sign otherwise permitted as a ground sign onto the wall which faces Rangeline Road. The Charter One Variance is a variance as to number of signs permitted under the Ordinance in that the Charter One Variance would permit a third wall sign on the front elevation of the Kroger building facing Rangeline Road. . ADLS approval of the Charter One Bank sign was granted on June 1, 2004 under Docket No 04050014. The Applicant is also seeking ADLS approVal for the pharmacy sign ands drive-thru to b; constructed in connection with the pharmacy sign The Applicant has requested the Charter One Variance and Pharmacy Variance pursuant to ~lans previously filed with the Depamnent of C°mmunity Services' 7172 Graham Road Indianapolis, IN 46250 317-842-6777 FAX' 317-841-4798 www. cripe.biz · Architecture · Construction Administration · Engineering Geographic Information Services · Landscape Architecture · Land Planning · Land Surveying · Real Estate Consulting · Transportation Engineering July 9, 2004 City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 Development Standards Variance Application for signage for a proposed Kroger Drive Through Pharmacy addition. To Whom It May Concern' The attached application and supporting information is being submitted with deficiencies that are apparent and known to the applicant. These deficiencies include an incomplete Notice of Public Hearing and an incomplete Findings of Fact. The applicant is aware that staff, in the review of the attached application, may note additional deficiencies. It is the intent of the applicant to address these deficiencies with their attorney after the filing of this application. Sincerely, PAUL I. CRIPE, INC. Aaron M. Reynolds, PE Senior Project Manager 0 :\1993\930356\10200\docs\Permits\coved tr-7-9-04-ca rmel. DOC 7172 Graham Road Indianapolis, IN 46250 317-842-6777 FAX: 317-841-4798 www. picripe.com Letter of Transmittal Date: 7~9~2004 PIC Job #: 0930356-10200 To: City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 Re: Kroger Store - Pharmacy Drive Through Addition Development Standards Variance for signage We are sending you the following items via: Hand Delivered Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Attached Report Other Copies Date Description 1 7~9~2004 Cover Letter with explanation of application deficiencies 2 7~9~2004 Original Application + Copy 2 7~9~2004 Location Map 2 7~2~2004 Plans for proposed signage 2 5/14/2004 Certified list of adjacent property owners THESE ARE TRANSMITTED as checked below: For Approval Approved as Submitted Resubmit Copies for X For Your Use Approved as Noted Submit Copies for As Requested Not Approved Return Corrected Prints For Review and Comment Reviewed for Compliance IRemarks: I lc: file, Jim Nelson Signed: Aaron M. Reynolds, PE ITransmittal Only: Notice: The drawing/computer files listed above are the property of Paul I. Cripe, Inc. and are transmitted for reproduction use only. Any modification or reuse of the documents without written permission from Paul I. Cripe, Inc. is prohibited. Any person or entity using these documents for any purpose other than the project for which they were originally intended, with or without permission from Paul I. Cripe, Inc., by their use agrees to indemnify and hold harmless Paul I. Cripe, Inc. from any loss, including, but not limited to attorney's fees occurring from their use. O:\1993\930356\10200\docs\Permits~lot-7-9-04-CarmeI.DOC