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HomeMy WebLinkAboutApplication: Variances2129479v1 X CITY OF CARMEL BOARD OF ZONING APPEALS AMENDED APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each additional section of the ordinance being varied. All Other $1,177 for the first variance, plus $556 for each additional section of the ordinance being varied. Or, see Hearing Officer Option Fees. DOCKET NO. 12040021 V 12040022 V DATE RECEIVED: April 26, 2012 1) Applicant: HCRI Carmel Building A Medical Facility, LLC; HCRI Carmel Building B Medical Facility, LLC Address: 11595 North Meridian Street, Suite 250, Carmel, IN 46032 2) Project Name: North Meridian Medical Pavilion Engineer /Architect: N/A Phone: N/A Attorney: Joseph D. Calderon Contact Person: Steven B. Granner Phone: 317 684 -5304 Email: sgranner @boselaw.com 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: 5) Record of Ownership: Deed Book No. /Instrument No. Page: 2011 -41734 2011 -41733 Purchase date: 8/30/2011 Ph one: 317- 575 -3078 Ph one: 317- 684 -5331 6) Common address of the property involved: 12188A and 12188B N. Meridian Street Legal description: (See Attached) Tax Map Parcel No.: 17- 09- 35- 00 -06- 003.000 17- 09- 35- 00 -06- 001.000 7) 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). Ch. 25.07.02 -11 b) Number of Signs Facing West ROW (2 proposed, 1 allowed) Ch. 25.07.02 -11d) Maximum Height of Ground Sign (8 feet proposed, 6 feet allowed) 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question 2129479v1 sheet entitled "Findings of Fact Development Standards Variance The proposed monument ground sign will provide necessary identification to patients and visitors to the 12188A North Meridian Medical Pavilion building, where their healthcare providers are located, with minimal effect to the adjacent residential development. 9) Present zoning classification of the property: B6 /U.S. Highway 31 Corridor Overlay Zone 10) Size of lot/parcel in question: 6.40 5.96 acres 11) Present use of the property: Medical Office Buildings 12) Describe the proposed use of the property: Medical Office Buildings 13) Is the property: Owner occupied Renter occupied X Other 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, instrument no., decision rendered and pertinent explanation. Z-459-04 (04100031Z); 08020019V; 08020027V; 08030037CA; 08070019 ADLS Amend.; Sign Permit 08100046 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 has been filed? Owner and Tenants 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.) 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. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the De•artme A.f Comma� unit Servi,-s. Date: 4/18/12 Applicant Signature: The applicant certifies by sigif thisfplication that he /she has been advised that all representations of the Department of Community Services are ad only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her att. ney. 2129479v1 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. 1, the undersigned, a uthorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. County of Marion Joseph D. Calderon 18th STATE OF INDIANA (SEAL) day of April SS: NeWWW, Attorney, or P 'VrXdPANr'4 1 STEVEN B. GRANNER Marion County My Commission Expires October 23, 2016 1 Signed: (County in which notarization takes place) AFFIDAVIT Joseph D. Calderon (Please Print) for Marion County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this 20 12 Notary Public Signature Notary Public Please Print 4/18/12 r, Attorney, elr WXX Date Before me the undersigned, a Notary Public My commission expires: Page 6 filename: development standards variance 2012.doc rev. 12/28/2011 CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES CONSENT FORM The undersigned, on behalf of HCRI Carmel Building A Medical Facility, LLC, being the owner "Owner") of the property commonly known as 12188A N. Meridian Street "Property hereby authorizes Lauth Management, LLC, Sign Solutions and Bose McKinney Evans LLP to file Variance, ADLS Amend. and Commitment Modification petitions necessary to obtain a variance to allow installation of a monument sign at the entrance to the medical office building located on the Property, in a form and location acceptable to Owner in Owner's sole discretion and to represent Owner before the Carmel Board of Zoning Appeals, and its Hearing Officer, and before the Carmel Plan Commission, and its committees to obtain such variance. This consent shall: o remain in effect until revoked by a written statement filed with the Department of Community Services. remain in effect until September 5, 2012. HCRI Carmel Building A Medical Facility, LLC By: Health Care REIT, Inc. Its: So e Member By: (�,I Printed: /'12 A Title: �hvrs STATE OF iz2 M COUNTY OF hid 6e) SS: Subscribed and sworn to before me this day of March, 2012. My Commission p3 s: M uhf RR si 71 Nota Public Printed Signature kftviu ROSANNE PIRETTI MY coMMISSIDN DD 855942 EXPIRES: March 12, 2013 Bonded Thru Budget Maly Senicea The undersigned, on behalf of HCRI Carmel Building B Medical Facility, LLC, being the owner "Owner") of the property commonly known as 12188B N. Meridian Street "Property"), hereby authorizes Lauth Management, LLC, Sign Solutions and Bose McKinney Evans LLP to file Variance, ADLS Amend. and Commitment Modification petitions necessary to obtain a variance to allow installation of a monument sign at the entrance to the medical office building located on the Property, in a form and location acceptable to Owner in Owner's sole discretion, and to represent Owner before the Carmel Board of Zoning Appeals, and its Hearing Officer, and before the Carmel Plan Commission, and its committees to obtain such variance. This consent shall: remain in effect until revoked by a written statement filed with the Department of Community Services. remain in effect until September 5, 2012. CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES CONSENT FORM HCRI Carmel Building B Medical Facility, LLC By: Health Care REIT, Inc. Its: So Me er By: Title: Printed: /A STATE OF Pr-.G -1i SS: COUNTY OF Subscribed and sworn to before me this (5 day of March, 2012. My Commi sion xpires: /3 My9ounty of esidenc ff o e.m 71 �V 1- Notary ublic Printed Signature .0 41;®% ROSANNE PIRETTI MY COMMISSION DD 855942 EXPIRES: March 12, 2013 �oF ,00 Bonded TM Budget Notary Services /47177t1 e€65777 12188A N. MERIDIAN STREET LEGAL DESCRIPTION Lot numbered Two (2) in Meridian Medical Plaza, an addition to the City of Carmel, Hamilton County, Indiana as per plat thereof, recorded March 17, 2006 in Plat Cabinet 4, Slide 41, as Instrument Number 200600014515, in the Office of the Recorder of Hamilton County, Indiana. 12188B N. MERIDIAN STREET LEGAL DESCRIPTION Lot numbered One (1) in Meridian Medical Plaza, an addition to the City of Carmel, Hamilton County, Indiana as per plat thereof, recorded March 17, 2006 in Plat Cabinet 4, Slide 41, as Instrument Number 200600014515, in the Office of the Recorder of Hamilton County, Indiana. 2127710_1. 1. 2. 3. 2129479v1 DATED THIS CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: HCRI Carmel Building A Medical Facility, LLC Petitioner: HCRI Carmel Building B Medical Facility, LLC DAY OF 20 12 Board Member Page 9 filename: development standards variance 2012.doc rev. 12/28/2011 2129479v1 Docket No.: Petitioner: CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE HCRI Carmel Building A Medical Facility, LLC HCRI Carmel Building B Medical Facility, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed monument ground sign will provide necessary identification to patients and visitors to the 12188A North Meridian Medical Pavilion building. The sign has been designed and located on the site with a north to south orientation to minimize any effect on the adjacent residential development to the west and across Illinois Street. 2. 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 design and the location of the sign has been made to minimize any effect on the adjacent area and is consistent with the ground signage used in the U.S. 31 Corridor to identify tenants in medical office buildings. 3. 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: it is essential that the patients and visitors to the 12188A and 12188B medical office buildings be able to locate the correct building where their health care providers are located. Wall signage facing Illinois Street, and the residential development to the west, has not been encouraged. 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION day of 20 12 Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 filename: development standards variance 2012.doc rev. 12 /28/2011