HomeMy WebLinkAboutApplications CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
AMENDED APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS SIGN VARIANCE REQUEST
DOCKET NO.
1 ) Applicant'
Address:
DATE RECEIVED:
The Kroger Company
5960 Castleway West Drive, Indianapolis, IN 46250
2)
Project Name' Kroger #J-959 Drive Through Pharmacy
Charter One Bank
Engineer/Architect: Paul I. Cripe
Phone' 317/579-8398
Attn: Dan DiCioccio
Phone: 317/842-6777
Attorney: James J. Nelson/Lawrence J. Kemper
Phone: 317/844-0106
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
(c) Other:
4)
If Item (3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone'
s)
Record of Ownership'
Deed Book No./Instrument No. Instrument Numbers 9353300 and 9353304
Page: N/A
Purchase date' October 29, 1993
6)
Common address of the property involved' 1217 S. Rangeline Road, Carmel, IN 46032
Legal description: See Exhibit "A", (hereafter "Real Estate")
Tax Map Parcel No.' 16-10-31-00-00-050.000; 16-10-31-00-00-050.001; 16-10-31-00-00-
051.001
7)
State explanation of requested Developmental Standards Sign Variance'
See Exhibit "B"
8)
State reasons supporting the Developmental Standards Sign Variance request: (Additionally,
complete the attached question sheet entitled "Findings of Fact")
See Exhibit "C" and Exhibit "D" (Variance)
9)
Present zoning of the property (give exact classification)' B-8 Business District
10)
Size of lot/parcel in question: 6.79acres
11)
Present use of the property'
Existing Kroger Store
12)
Describe the proposed use of the property: Kroger Store
13)
Is the property' Owner occupied Yes- The Kroger Company
Renter occupied Yes - Charter One Bank
Other N/A
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. Charter One Bank- Kroger, Docket No. 04050014 ADLS Amendment- granted
06/01/04.
15)
Has work for which this Application is being filed already started?
details' No.
If answer is yes, give
Building Permit Number' N/A
Builder' N/A
16)
If proposed appeal is granted, when will the work commence?
Within 30 days of the appeal being granted.
17)
If the proposed appeal is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
The Kroger Company, its successors and assigns.
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 and abutting
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).
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.
I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a tree
and complete listing of the adjoining and adjacent property owners of the property described herewith.
See Exhibit E for List of Property Owners and Addresses.
AFFIDAVIT
I, Lawrence J. Kemper, Attorney for the Applicant and Owner of the Property involved in this
application hereby swear that the foregoing signatures, statements and answers herein contained and
the information herewith submitted are in all respects tree and correct to the best of my knowledge and
belief.
Signed: J.~pe
Lawrence r,
Attorney for Applicant and Owner
STATE OF INDIANA )
) ss.
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared Lawrence J.
Kemper, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this 02 { S Fday of ~-7;t/-x/
My Commission Expires:
.5-." It-~o'o g
Residing in /~ &gl06/ County
tary Public
Printed
,2004.
This document prepared by' Lawrence J. Kemper, NELSON & FRANKENBERGER, 3105 E. 98th
Street, Suite 170, Indianapolis, IN 46280.
H 5Janet~roger\Carmel\Sign Appln.doc
EXHIBIT "A"
LEGAL DESCRIPTION
LAND DESCRIPTION
(New Perimeter description less exception)
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 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 1 8 North, 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;
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 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 the Hamilton County Recorder's Office; thence South 89
degrees 55 minutes 00 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 parallel 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.
Part of DOC 1592025L
1 O117193 EJE
Schneider Engineering Corp.
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL 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 and a drive-thru to be
constructed in connection with the pharmacy sign. The Applicant has requested the Charter One
Variance and Pharmacy Variance pursuant to plans previously filed with the Department of
Community Services.
EXHIBIT "C"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
DocketNo.' 04070018V
Petitioner: The Kroger Company
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS SIGN VARIANCE
o
The approval of the Pharmacy Variance will not be injurious to the public health, safety, morals
and general welfare of the community because (i) the proposed sign is permitted under the
Ordinance, (ii) the proposed sign is of a type common in the area, and (iii) the proposed sign
provides a benefit to the public as it helps identify the location and the existence of the
pharmacy.
.
The use and value of the area adjacent to the property included in the Pharmacy Variance will
not be affected in a substantially adverse manner because the Pharmacy Variance (i) will not
change the use of the subject real estate as the use as a pharmacy is pre-existing and (ii) permits
a sign that is similar to other signs located in the adjacent areas.
o
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, absent the grant of the variance
requested, there will be a negative impact on the general public's ability to locate the pharmacy
within the Kroger building.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental
Standards Variance Docket No. 04070018V 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 23rd day of August, 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).
H:XJanet\Kroger\Cannel Sign Variance\Amended. Sign Application.doc
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DE ARDS VARIANCE REQUEST
FEE: Single Family (Primary c~~;~:{:~.~ rst variance, plus $75.00 for each additional section of the
ordinance being varied. ~~$ ~i°
All Other $950.00 for th va 450. r each additional section of the ordinance being varied.
DOCKET NO. '"' ?D'ATE RECEIVED:
1) Applicant: The Kroger )~
Address: 5960 Castleway West Drive, Indianapolis, IN 46250
2)
3)
4)
5)
6)
7)
Project Name: Kroger ftJ-959 Drive Through Pharmacy
Engineer/ArChitect: Paul I. Cripe, Inc.
Attorney: James J. Nelson
Phone: (317) 579-8353
Phone: (317) 842-6777
Phone: (317) 844-0106
Applicant's Status: (Check the appropriate response)
v' (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: NA
Owner's address: NA Phone: NA
Record of Ownership'
Deed Book No./Instrument No.
Instrument Numbers: 9353300, 9353304
Page: NA Purchase date: October 29, 1993
Common address of the property involved: 1217 S. Rangeline Road
Legal description: (see attached)
Tax Map Parcel No.: 16-10-31-00-00-050.00t 16-10-31-00-00-050.001, 16-10-31-00-00-051.001
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).
Additional wall signage is requested beyond the allowable signage as permitted by section 25.7.02-9 of the
Zoning Ordinance. Signage is requested for a drive through pharmacy addition that is proposed for the
existing Kroger store. The signage requested is as shown in the attached plans.
Page I of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Appli.cation rev. 01/05/2004
tandards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
9)
B-8 / Business District
11)
12)
Present zoning of the property (give exact classification):
10) Size of lot/parcel in question: 6.79 acres
Present use of the property: Existing Kroger Store
Describe the proposed use of the property: Kroger Store
13)
14)
Is the property: Owner occupied Yes - The Kroger Company
Renter occupied Yes - Charter One Bank
Other NA
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 - Charter One Bank - Kroger, Docket No. 04050014 ADLS Amendment - granted 06/01/04
04050025V- Development Standards Variance - Pending
15)
16)
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: NA
Builder: NA
If proposed appeal is granted, when will the work commence?
Presumably within 30 days of the appeal being granted.
17)
If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The Kroger Company
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 am
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~forms\BZA applications\ Development Standards Variance Application rev. 01/05/2004
..)
LAND DESCRIPTION
(New Perimeter description less exception)
Part of the Southwest Quarter of Section 31, Township l g North, 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" (hereina£ter 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 0! degrees 04 minu~es 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 quarler line marked by a P.K. Nail;
thence North 01 degrees 04 minutes ,15 seconds West along said west quarter line a distance or
447.00 feet to the POINT OF BEGINNING. Containing 6,911 acres, more or less.
Except,
Part o£ the Southwest Quarter of Section 31, Township ]8 North Range4 East in Hamilton
County, Indiana, described as follows. ,
Commencing at the northwest corner ofsaid southwest quarter section; thence South 01 degrees
04 minutes 45 seconds East along the west line o£ said quarter section a distance or 246.00 feet;
thence North 89 degrees 55 minutes 00 seconds East parallel with the north line o1' 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 section a distance ol' 10.00 feet; thence South 01 degrees 04 minutes
4.5 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 ] 58.07 feet to the south line ot' the land tract
recorded as Deed Record 266, Page 3 in the Hamilton County Recorder's OfFice; thence South
89 degrees'55 minutes 00 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 0l degrees 04
minutes ,15 seconds West parallel with the west line of said quarter section a distance o£ 447.00
reet to the POINT OF BEGINNING. Containing 0.121 acres, more or less.
Part of DOC 1592025L 10/17/93 EJE Schneider Engineering Corp.
AFFIDAVIT
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 all 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: (Property Ownl~'r] Attorney, or Pow(F~f Attorney)
(Please Print)
/ Da/te
STATE OF INDIANA
SS:
County of
(Bounty in which notarization takes placo)
Before me the undersigned, a Notary Public
for
(Notary Public's county of residence)
County, State of Indiana, personally appeared
(F;roperty Owner' Attorney, Or P'(~wer/or'Attorney)
and acknowledge the execution of the foregoing instrument this
0 .Fh day of
,.Tu. I,,/
I
...... 200 ZJ.
(SEAL)
Notary Public(/-Sig~atUre
Notary Publ{c-Please Print
My commission expires: A.p
Page 4 of 8 - z:\share~forms\BZA applications\ Development Standards Variance Application rev. 01105/2004
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