HomeMy WebLinkAboutApplication CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
DOCKET NO.
bHI oc 2o x/
DATE RECEIVED:
1) Applicant:
Address:
Ed Martin Acura
3800 East 96th Street, Indianapolis, IN 46240
2)
Project Name' Sign Variance-Ed Martin Acura Phone: (317) 822-5400; Attn. Ed Martin
Engineer/Architect: A/E Technologies, Inc., c/o John Bennett Phone' 356-7676
Fax: 356-6120
Attorney: James J. Nelson and Lawrence J. Kemper, Nelson & Frankenberger, 3105 E.
98th Street, Suite 170, Indianapolis, IN 46280 Phone' 844-0106 Fax' 846-8782
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: Applicant is tenant
4)
If Item (3) (c) is checked, please complete the following:
Owner of the property involved:
Edmund W. Martin
Owner's address' 3800 E. 96th Street, Indianapolis, IN 46240
Phone: 846-3800
5)
Record of Ownership'
Deed Book No./Instrumem No. Instrument Number 8602326 in Book 354, Page 138
Page: N/A
Purchase Date' February 19, 1986
6)
Common address of the property involved: 3800 East 96th Street, Indianapolis, IN 46240
Legal description' See Exhibit A
Tax Map Parcel No.' 16-14-08-00-00-022.005
7)
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"
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact-Developmental Standards
Variance")
See Exhibit "C"
Present zoning of the property (give exact classification): B-3 Business District
Size of lot/parcel in question: 3.69 acres
Present use of the property: Auto dealership
Described the proposed use of the property: Auto dealership
Is the property:
Owner occupied
Renter occupied Yes- Ed Martin Acura
Other
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. Ed Martin Acura~ Docket No. 04090036 ADLS Amendment- granted 10/5/04.
Has work for which this Application is being filed already started? If answer is yes, give
details:
NO
Building Permit Number: N/A Builder: N/A
If proposed appeal is granted, when will the work commence?
Within 30 days of the appeal being granted.
If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
Ed Martin Acura, its successors and assigns.
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 of 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:
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 ~,~ubmitted 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.
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 aspects tree and correct to the best of
my knowledge and belief.
Lawrence J.
~per
Attorney for Applicant and Owner
STATE OF 1NDIANA )
) 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 ~T-/[ day of 60C-/-7>/)g;'~ ,2004.
My Commission Expires:
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Residing in Ad½/~/
County
///Ndtary Public
Written Name
EXHIBIT "A"
LEGAL DESCRIPTION
Part of the South Half of the Southwest Quarter of Section 8, Township 17
North, Range 4 East in Clay Township, Hamilton County, Indiana, described
as follows: Commencing at the Southwest comer of the Southwest Quarter of
Section 8, Township 17 North, Range 4 East; thence North 90 degrees 00 minutes
00 seconds East (assumed bearing) on the South line of said Southwest Quarter
671.28 feet; thence North 00 degrees 00 minutes 00 seconds 35.00 feet to a
point on the North line of real estate granted to the Board of County Com-
missioners of Hamilton County, Indiana, for the right-of-way of 96th Street,
as per grant thereof recorded in Deed Record 207, pages 136 and 137 in the
office of the Recorder of Hamilton County, Indiana, said point being the place
of beginning of the within described real estate; thence North 00 degrees 00
minutes 00 seconds 571.25 feet; thence North 84 degrees 19 minutes 01 seconds
West 47.66 feet; thence South 52 degrees 18 minutes 23 seconds West 90.78
feet; thence South 47 degrees 06 minutes 18 seconds West 310.68 feet to a
point which is 325.00 feet North 90 degrees 00 minutes 00 seconds East of the
West line of said Southwest Quarter; thence South 00 degrees 05 minutes 50
seconds East parallel with said West line 309.00 feet to the North line of
the aforesaid fight-of-way grant; thence North 90 degrees 00 minutes 00 seconds
East parallel with the South line of said Southwest Quarter and on said
North fight-of-way line 346.34 feet to the place of beginning, containing
3.694 acres, more or less.
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS SIGN VARIANCE
The Applicant is the tenant of the retail building commonly known as the Ed Martin
Acura auto dealership, with a common address of 3800 East 96th Street, Indianapolis, Indiana
46240 ("Ed Martin Acura"). Ed Martin Acura is characterized under the Carmel Sign Ordinance
(Section 25.07.02.08) as a single tenant ground/floor building. Since Ed Martin Acura has
frontage on both 96th Street and Marie Drive, one wall or ground identification sign per frontage
is permitted under the Sign Ordinance. Along the 96th Street frontage, a wall identification sign
possessing 105 square feet in area is permitted under the Sign Ordinance.
Currently, Ed Martin Acura is identified by (i) one ground sign on Marie Drive
identifying the service department, (ii) one ground sign on the comer of 96th Street and Marie
Drive which identifies the Ed Martin dealership, and (iii) one wall identification sign on the 96th
Street frontage which identifies the Ed Martin dealership. Ed Martin is retaining the ground sign
located on Marie Drive which identifies the service department. Ed Martin is removing the
existing wall sign on the 96th Street frontage and, in its place, constructing a raised pylon
featuring the Acura name and icon. The existing ground sign on the comer of 96th Street and
Marie Drive is being removed and, in its place, Ed Martin proposes to erect a second wall
identification sign on the 96th Street frontage featuring the Ed Martin name. While the existing
ground sign on Marie Drive and the raised pylon featuring the Acura name and icon on the 96tn
Street frontage are permitted under the Carmel Sign Ordinance, the second wall identification
sign proposed for the 96th Street frontage featuring the Ed Martin name requires a variance. The
Ed Martin wall sign variance is a variance as to number of signs permitted under the Ordinance
in that it would permit a second wall sign on the 96th Street frontage of the Ed Martin building.
ADLS approval of the proposed Ed Martin wall sign was granted on October 5, 2004
under Docket No. 04090036 ADLS.
EXHIBIT "C"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Ed Martin Acura
o
FINDINGS OF FACT- DEVEL._~.~.OPMENTAL STANDARDS VARIANCE
The approval of this Variance will not be injurious to the public health, safety, morals
and general welfare of the community because (i) the proposed sign is of a type common
in the area and (ii) the proposed sign provides a benefit to the public as it helps identify
the location and the existence of the dealership.
.
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 Variance (i) will not change the
use of the subject real estate as the use as a dealership is pre-existing and (ii) permits a
sign that is similar to other signs located in the adjacent areas.
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 Ed
Martin dealership.
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 22na day of November, 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:Llanet~VIartin Acura~Dcvelopmental Standards Request.doc