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HomeMy WebLinkAboutCorrespondenceCity of Carmel DEPARTMENT OF COMMU'NITY SERVICES Division of t3uilding and (:.'*ode Entbrcement April 23, 2004 Party Tree Superstore Attn: Terry Holland 2160 East 116th Street Carmel, Indiana 46032 RE: ZONING ORDINANCE VIOLATION-CE04010012 Dear Mr. Holland: It has recently been brought to my attention that you applied to the Board of Zoning Appeals for two variance requests (Docket No. 04030024 V and Docket No. 04030025 V). Both items have been withdrawn from the April 28, 2004 Board of Zoning Appeals agenda because you have failed to pay the applicable filing fees and you have failed to submit the required additional information to supplement the application. During your efforts to work through the variance process with Planning and Zoning, I allowed for the illuminated signs to remain in the windows until the matter was resolved. However due to your recent lack of cooperation and failure to adhere to the initial Notice of Violation issued January 9, 2004, I have issued a second violation notice (enclosed). · All illuminated signs must be removed from the windows by May 2, 2004 or a Complaint and Summons to appear in Carmel City Court will be issued in addition to applicable fines for the violation, which has existed since July 11, 2003. All window signs must be removed by this deadline regardless of whether or not you choose to further pursue a variance request with the Board of Zoning Appeals. As indicated in the original Notice of Violation, the Carmel/Clay Zoning Ordinance, Section 25.07.02-12 Window Signs, states that only one (1)illuminated sign is permitted per business and may be no larger than three (3) square feet. This one (1) permitted illuminated sign would require a sign permit. Because this establishment is located in a B-8 Zoning District, prior to applying for a sign permit, an ADLS Amendment would need to approved by the Plan Commission. There are currently seventeen (17) documented illuminated signs (including the 'open' sign) displayed, each sign being a separate offense. In addition, Section 25.07.02-12 also regulates non-illuminated window signs. The non-illuminated signs as they are currently displayed would be defined as temporary and would not require a sign permit. However the total size of these ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 signs may not be greater than 30% of the total window size on which they are displayed. Although close, there does not appear to a violation for the non- illuminated window signs. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. Thank you for your cooperation. Respectfully, Jesse M. Pohlman Code Enforcement Officer Department of Community Services Cc: File: CE04010012 Ramco Merchants Square LLC Enclosure ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Tin~le¥, Connie S From: Sent: To: Cc: Subject: Butler, Angelina V Wednesday, March 17, 2004 4:28 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; Stahl, Gayle H; Pohlman, Jesse M Docket No. Assignment: (V) Merchants' Square - The Party Tree (#04030024 V-04030025 V) Connie, Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Numbers for (V) Merchants' Square - The Party Tree. They will be the following: Docket No. 04030024 V Docket No. 04030025 V Total Fee: $950.00 $450.O0 $1,400.00 Merchants' Square - The Party Tree The applicant seeks approval of the following development standards variances: Docket No. 04030024 V Ch.25.07.01-04.f banners-prohibited signs Docket No. 04030025 V Ch.25.07.02-12.B. 1 number- illuminated window signs The site is located at 2160 E 116th Street. The site is zoned B-8/Business. Filed by Terry Holland of The Party Tree. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, April 1, 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, April 23. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, April 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, May 24, 2004, agenda of the BZA. 5. This Item will appear on the April 26, 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: 1.) Please provide a signed and notarized affidavit (page 4 of the application). 2.) Please provide the official list of adjoining properties from the Hamilton County Auditor's Office. 3.) Please provide a filled out Findings of Fact Sheet (page 8 of the application). 4.) Please provide a photograph or building elevation with the signs/banners. 5.) Please provide the sign sizes. 6.) Please provide a location map. Please contact Terry Holland at 848-1700 or 428-8146 (cell) (Fax: 848-0500) with this information. Once the file is updated please return it to my office. ~~,~, ,~-[ ~ '0 ~ Thank you, ~ I '~,~ ~qS~ Angie 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: March 18, 2004 TO: Terry Holland FAX: 848-0500 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: The Party Tree 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. From: Sent: To: Subject: Just rec'd The Party Tree 2160 E 116thSt I have placed it on the'-BZA shelf. Ot ~ tq-O5 Tingley, Connie S Wednesday, March 10, 2004 3:04 PM Brewer, Scott I; Butler, Angie; Dobosiewicz, Jon C; Hollibaugh, Mike P; Keeling, Adrienne M; Pattyn, Dawn E new submittal The Party Tree 848-1700