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HomeMy WebLinkAboutApplication CITY OF CARMEL-CLAY TOWNSHIP/~~~~ HAMILTON COUNTY, INDIANA _~ ___~___~'~ APPLICATION FOR BOARD OF ZONING APPE~S~~ ~ DEVELOPMENTAL STANDARDS VARIANC}~QU~~. ~1~i ~i..~ '~~ 1) Applicant: Autobase, Inc. ~ Address: 201 103~a Street West, Indianapolis, IN 46290 2) Project Name' Sign Variance-Autobase Phone' (317) 842-4242, Ext. 103; Attn. Kim Curtiss Engineer/Architect: Sign Craft, c/o Lisa Bohn Phone: 842-8664 Fax: 842-3015 Attorney: Charles D. Frankenberger and Lawrence J. Kemper, Nelson & Frankenberger, 3105 E. 98th Street, Suite 170, Indianapolis, 1N 46280 Phone: 844-0106 Fax: 846-8782 3) Applicant's Stares: (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: GPI Retail Properties II, LP Owner's address: 3815 River Crossing Parkway, Suite 350, Indianapolis, IN Phone: 816-9000 46240 5) Record of Ownership: Deed Book No./Instrument No. 20O400O44360 Page: N/A Purchase Date: April 30, 2004 6) Common address of the property involved: 201 103rd Street West, Indianapolis, 1N 46290 Legal description: See Exhibit A Tax Map Parcel No.: 16-13-11-00-00-036.005 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). 8) 9) 11) 12) See Exhibit "B" 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): Size of lot/parcel in question: 9.11 acres Present use of the property: Office Space Described the proposed use of the property: Office Space 13) Is the property: Owner occupied 14) B-1 (Business District)/( 5 t OXf .'r/c f 16) 17) Renter occupied Yes- Autobase, Inc., among others 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. ' N/A. 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 ~anted. If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? Autobase, Inc., its successors and assi_mas. 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 of the newspaper must be available for inspection the night of the heating. AFFIDAVIT I, Kim Curtiss, Authorized Representative for the Applicant 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 aspecAs tree and correct to the best of my knowledge and belief. ~ .~~i~ J , ~Kirh'Ctn-tiss, A~th~ri~d Represefitatlve for Applicant STATE OF INDIANA COUNTY OF HAMILTON ) ) ss- ) Before me, a Notary Public, in and for said County and State, personally appeared Kim Curtiss, Authorized Representative for Applicant, and acknowledged the execution of the foregoing. WITNESS my hand and Not .arial__ Seal.~' / '~/~ day of ,~!I//P2~gM/', 2004. My Commission Expires: ~~°4,~-'X" i NO T2~. RYN~i~ Public Residing in County ~tt e ~.~--e EXHIBIT "A" LEGAL DESCRIPTION Part of the Southwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows' Commencing at a stone marking the Northwest comer of said Quarter Section; thence South 00 degrees 03 minutes 10 seconds West (Assumed Bearing) along the West line of said Quarter Section a distance of 752.12 feet to a P.K. nail; thence South 89 degrees 56 minutes 50 seconds East a distance of 35.00 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp." and the East fight of way line for Spring Mill Road per plans for I.S.H.C. Project No. 1-465-4- (94)-130 dated 1965, Sheet No. 42 (the next two (2) described courses being along the said East fight of way line); thence South 02 degrees 30 minutes 12 seconds East a distance of 112.11 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp."; thence south 02 degrees 48 minutes 30 seconds East a distance of 136.34 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp."; thence North 89 degrees 06 minutes 10 seconds East, parallel with the North line of the said Quarter Section, a distance of 200.01 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp." and the Beginning Point; thence North 00 degrees 03 minutes 10 seconds East, parallel with the said West line, a distance of 257.32 feet to a curve having a radius of 230.00 feet, the radius point of which bears North 04 degrees 51 minutes 55 seconds West; thence Northeasterly along the arc of said curve a distance of 283.53 feet to the point of reverse curvature of a curve having a radius of 1185.00 feet, the radius point of which bears south 75 degrees 29 minutes 42 seconds East; thence Northerly along the arc of said curve a distance of 170.27 feet to a point which bears North 67 degrees 15 minutes 45 seconds West from said radius point; thence North 22 degrees 44 minutes 15 seconds East a distance of 72.34 feet to a curve having a radius of 40.00 feet, the radius point of which bears South 67 degrees 15 minutes 45 seconds East; thence Easterly along the arc of said curve a distance of 62.83 feet to a point which bears North 22 degrees 44 minutes 15 seconds East from said radius point; thence South 67 degrees 15 minutes 45 seconds East a distance of 23.80 feet to a curve having a radius of 330.00 feet, the radius point of which bears North 22 degrees 44 minutes 15 second East; thence Easterly along the arc of said curve a distance of 130.96 feet to a point which bears South 00 degrees 00 minutes 00 seconds East from said radius point; thence North 90 degrees 00 minutes 00 seconds East a distance of 153.48 feet to a P.K. Nail; thence South 10 degrees 00 minutes 00 seconds West a distance of 301.69 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp."; thence North 89 degrees 06 minutes 10 seconds East, parallel with the said North line, a distance of 148.04 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp."; thence South 00 degrees 03 minutes 10 seconds West, parallel with the said West line, a distance of 337.08 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp."; thence South 89 degrees 06 minutes 10 seconds West, parallel with the said North line, a distance of 736.38 feet to the Beginning Point. EXHIBIT B EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS SIGN VARIANCE The Applicant is the tenant of the office building located south of 103~a Street, east of Springrnill Road, and north of 1-465, with a common address of 201 103~a Street West, Indianapolis, Indiana 46290 ("Autobase Building"). The Autobase Building is characterized under the Carmel Sign Ordinance (Section 25.07.02-10) as a multi-tenant, multi-level building. Section 25.07.02-10 of the Ordinance permits one ground or wall identification sign for each frontage on a public street, with a maximum of three signs for lots with three or more frontages. While the Autobase Building is clearly visible from 1-465, it currently possesses frontage along 103rd Street only. Accordingly, it is permitted one wall, roof or ground identification sign on the 103ra Street frontage. Currently, there are no wall signs located anywhere on the building, and there are two ground signs, existing north of the north elevation of the building, ftmctio~ng as directory signs. In connection with its request, Autobase is proposing a wall identification sign on the south elevation of the building facing 1-465. The area of the proposed sign is 147.94 square feet. Per the sign chart for a non-freeway building, a maximum sign area of 150 square feet is permitted on the building, using the 103ra Street frontage as the basis for analyzing the maximum size sign. However, per the sign chart for a building possessing freeway frontage, 120 square feet is the maximum sign area permitted on the elevatior/ of the building facing 1-465. Consequently, in order to permit a wall identification sign on the 1-465 frontage with a maximum area of 147.94 square feet, Autobase is requesting three (3) variances: (i) a variance as to location, permitting the transfer of sign otherwise permitted on the 103ra Street frontage to the 1- 465 frontage (ii) a variance as to size of sign, allowing a sign larger in area than that permitted on the 1-465 frontage, and (iii) assuming that the two (2) ground signs existing north of the north elevation are not characterized as directory signs, a third variance is needed to allow an increase in the number of signs permitted. Concurrently with this request, Autobase has also requested ADLS approval of the proposed sign which is the subject of this variance request. EXHIBIT "C" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Autobase, Inc. Variance: Size of sign FINDINGS OF FACT- DEVELOPMENTAL STANDARDS VARIANCE le 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 (ii) the proposed sign provides a benefit to the public as it helps identify the location and the existence of the business, (iii) the sign triangular logo comprises only the outline of a triangle and, absent the logo, the sign is approximately 50 feet square and (iv) the proposed sign is actually fewer square feet than the wall sign which would be permitted on the north elevation of the building. e 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 office space is pre-existing and (ii) permits a sign that is similar to other signs located in the adjacent areas. ge 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 business and, absent the variance, a sign of the size permitted on the north elevation of the building facing 103rd will not be permitted on the south elevation facing 1-465. 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 30th 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). EXHIBIT "C" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Autobase, Inc. Variance - Number of Signs FINDINGS OF FACT - DEVEI~OPMENTAL STANDARDS VARIANCE,,, o 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 business. e ge 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 office space 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 there are no other wall signs and, absent the grant of the variance requested, there will be a negative impact on the general public's ability to locate the business. 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 30th 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). EXHIBIT "C" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: Autobase, Inc. Variance- Location of Sign FINDINGS OF FACT- DEVELOPMENTAL 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 (ii) the proposed sign provides a benefit to the public as it helps identify the location and the existence of the business, and (iii) the applicable ordinance permits a wall sign, and the variance is requested to change the location of the sign to the building elevation facing 1-465. o 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 office space is pre-existing and (ii) permits a sign that is similar to other signs located in the adjacent areas. ge 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 sign will not be visible from the side of the building facing 1-465, and there will be a negative impact on the general public's ability to locate the business. DECISION IT IS THEREFORE, the decision of the Cannel/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 30th 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). 10'-.6" ~C:ES- 1/8" R~URNS - 5" - 1" NEON- 15 MM I'OBE 26 3/4" 34 1/4" 82 1/4" www. b ~cam 8920 CORPO ON DR. INDIANAPOLIS, IN 46256 Office 317.842.8664 Fax 317.842.3015 AUTOBASE CARMEL, INDIANA AUTOBASE CHANNEL LETTERS 2 SCALE ~/~, = 1,.0. SEPT 6, 2OO4 LISA BOHN 1- DATE' SEPT 2 - DATE' 2, - DATE' 4- DATE' SLM