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HomeMy WebLinkAboutApplicationCITY OF CARMEL- CLAY TOWNSHIP,, HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. O'h 1 l 0(3 7_ t Applicant: SM & P Utility Resources, Inc. . Address: c/o Steven B. Granner Bose McKinney & Evans LLP 600 East 96th Street, Suite 500, 46240 2) Project Name: Hamilton Crossing Engineer/Architect: N/A 'Attorney: Philip A. Nicely Phone: 808-6000 Phone: N/A Phone: 684-5301 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 X (c) Other: The applicant is a tenant in the building 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Duke Realty Limited Partnership Owner's address: 600 East 96th Street, Suite 100 Phone: 808-6000 5) Record of Ownership: Deed Book No./Instrument No. 200300014928 (Amended) 6) Page: N/A Purchase date: 02/12/03 (Amended) Common address of the property involved: 13085 Hamilton Crossing Boulevard Legal Description: (See attached description) (Amended) 7) Tax Map Parcel No.: 16-09-26-00-00-017.006 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). Petitioner requests a variance of development standards of the Sign Ordinance Section 25.7.02-10,b) - Number & Type to allow the permitted wall sign for the west faqade of the building to be transferred to the east faqade of the building as the second wall sign on the east faqade. CITY OF CARMEL- CLAY TOWNSHIP... HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 2) Applicant: SM & P Utility Resources, Inc. .. Address: c/o Steven B. Granner Bose McKinney & Evans LI.P 600 East 96th Street, Suite 500, 46240 Project Name: Hamilton Crossing Engineer/Architect: N/A ~Attorney: Philip A. Nicely Phone: 808-6000 Phone: N/A Phone: 684-5301 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 4) X ~ (c) Other: The applicant is a tenant in the building If Item 3) (c) is checked, please complete the following: Owner of the property involved: Duke Realty Limited Partnership Owner's address' 600 East 96th Street, Suite 100 Phone: 808-6000 5) Record of Ownership: Deed Book No./Instrument No. 200300014928 (Amended) 6) Page: N/A Purchase date: 02/12/03 (Amended) Common address of the property involved: 13085 Hamilton Crossing Boulevard Legal Description: (See attached description) (Amended) 7) Tax Map Parcel No.: 16-09-26-00-00-017.006 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). Petitioner requests a variance of development standards of the Sign Ordinance Section 25.7.02-10,b) - Number & Type to allow the permitted wall sign for the west faqade of the building to be transferred to the east faqade of the building as the second wall sign on the east faqade. CITY OF CARMEL- CLAY TOWNSHIP HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. ~{ '~1, '~,'_} ¢ t ~ DATE RECEIVED' 1) Applicant: SM & P Utility Resources, Inc. Address' c/o Steven B. Granner Bose McKinney & Evans LLP 600 East 96th Street, Suite 500, 46240 2) Project Name: Hamilton Crossing Engineer/Architect: N/A Attorney: Philip A. Nicely Phone: 808-6000 Phone: N/A Phone: 684-5301 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 X (c) Other: The applicant is a tenant in the building 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Duke Realty Limited Partnership Owner's address: 600 East 96th Street, Suite 100 Phone: 808-6000 5) Record of Ownership: Deed Book No./Instrument No. Page: N/A 000 q 2_ o Purchase date: 0 2- / ~-' '2-{~ 3 6) Common address of the property involved: Duke Realty Limited Partnership Legal Description: (See attached description) 7) Tax Map Parcel No.: 16-09-26-00-00-017.006 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). Petitioner requests a variance of development standards of the Sign Ordinance Section 25.7.02-10,b) - Number & Type to allow the permitted wall sign for the west faqade of the building to be transferred to the east fagade of the building as the second wall sign on the east fagade. 8) 9) ~o) 11) ~2) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The moving of this permitted sign from the west fagade, which faces adiacent residences, is consistent with previous variances granted up and down the US 31 Corridor and within the Hamilton Crossing development. Present zoning of the property (give exact classification): B-5 (& B-2)FUS 31 Corridor Size of lot/parcel in question: 10.002 acres Present use of the property: Office Park Describe the proposed use of the property: Office 13) 14) Is the property: Owner occupied Renter occupied Yes 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. A companion ADLS Amend. Petition was filed at the same time as this varian, ce petition. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? ASAP 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application is being filed? SM & P Utility Resources, Inc. 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 property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.) 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: ~,~.~';5~ ~J..' :~'~/~ f ...... 11/10/05 ~r (Atto~ey) / Date Philip A. Nicely (Please Print) STATE OF INDIANA SS: County of Hamilton (County in which notarization takes place) Before me the undersigned, a Notary Public for Marion (Notary Public's county of residence) County, State of Indiana, personally appeared Philip A. Nicely (Attorney) and acknowledge the execution of the foregoing instrument this lOth (SEAL) day of November ,20 04 Notary Public Signature Steven B. Granner Notary Public - Please Print My Commission expires: October 23, 2008 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 competed.) 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 advice of his/her attorney. I, , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS (Will file when received) Auditor of Hamilton County, Indiana- Signature Date SPECIFICATIONS: l~ ONE S~ OF REVERSE ILLUMINATED CHANNEL L~ERS 2 SIZES AND STYLES AS S WN 3, FAC ES TO BE AL UMt;NUM 4, CANS AND RETURNS TO BE BLACK 5~ LOGO TO HAVE DIGITAL PRI~ED GRADIENT OVERLAY (1~5 C ORANGE) 6. NEON TO BE 6E~30 WHITE 7. WE WILL CONNECT TO EEECTRtCAL IF LOCATED WiTHiN 5' OF THE SIGN .............................. 36" Letters 21" Grad~nt Width SM&P REVERSEtLLUM PSD Duke Owned, Leased, Managed or Developed Buildings Future Buildngs Conference Center Auto Spa ATM Mait& Overnight Ddive~y Fitness Center & Deli EXI$~NG Hamifton Crossing One l~Story Hamilton Crossing Two 1-Story Hamilton Crossing Three 4~Stones Hami~on Crossing Four 3~Stories Hamiiton Crossing Five (ITT) 2~Stones Hamilton Crossing Six 5-Stones PROPOSED Hami~on Crossing Seven 2~Stones TOTAL 10320 3378, 14i 81'~ 8440{ 4300( 180 00( 4000~ [ Hamitton CrOssing EXHIBIT A PAGE 1 OF A LAND BOUNDARY DESCRIFrlON OF BUILD1NG 6 AT H. AMILTON CROSSING HAMILTON COUNTY, INDIANA AUGUST 27, 2002 A part of the Southwest Quarter of Sect/on 26, Township 18 North, Range 3 Eas. t, Harmtton County. Indiana, described as follows: Commencing at the northwest comer of said quarter section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north line of said quarter section to the northerly extension of the eastern right-of-way line of Meridian Come. rs Boulevard; thence South 00 degrees 25 mi..n_.urea 34 seconds East 40.00 feet along said northerly extension to the southern right-of-way line of East 131~ Street and the POINT OF BEGINNING of this description: thence North 88 degrees 42 minutes 47 seconds East 895.02 feet dong said southern fight-of-way line; thence South 84 degrees 01 minute 56 seconds East 284.81 feet along said southern right-of-way line to the western 145-foot half right.-of-way line of U.S. 31; thence along said we. stem fight-of-way line Southerly 243.08 feet along an arc to the left and having a radius of 2,436.83 feet and subtended by a long chord having a bearing of South 12 degrees 46 minutes 17 seconds West and a length of 242.98 f~t; thence North 90 degrees 00 roi. nut, s 00 seconds West 332.62 f~t; thence South 43 degree~ 27 minutes 50 seconds West 351.72 feet; thence Nort/awe~terly, and W.e, sterly 160.70 feet along an arc to the left' and having a radius of 207.00 feet and subtended by a long chord having a bearing of North 68 degrees 11 minutes 13 seconds West and a length of t56.69 feet; thence South 89 degrees 34 minutes 26 seconds We. st 401.00 feet; thence North 00 degrees 25 minutes 34 seconds West 446.53 feet to the POINT OF BEGINNIlqG and containing 10.002 ams, more or less. The bearing, in this d~cription are base~ upon the north .line of the Southv~at Quarter of Section 26, Township 18 North, Range 3 East having a bearing of North 88 degrees 42 minutes 47 seconds East. Subject to all easements, restriction, and fights-of-way of record. EXHIB A PAGE 1 OF .......... ' .................... ............................. s/27/o , :02 AM t'r~pared by Woolpert LLP Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA SM & P Utility Resources, Inc. FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS 13th DAY OF December ., 20 04 Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: SM & P Utility Resources, Inc. FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Building 6 is permitted three wall signs and the proposed sign will be the second sign on the building. The proposed location will promote the public health, safety, morals and general welfare of the community. . 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 will allow the sign to be placed on the east faqade facing US 31 rather than on the west faqade facing the adjacent residences. . 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: companies who locate within the US 31 Corridor want to maximize the poter~tial of their permitted identification possibilities. A permitted sign which faces west' and away from US 31 is of little practical use. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development 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 13th day of December ., 20 04 . 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).