HomeMy WebLinkAboutApplication2161717v1
CITY OF CARMEL BOARD OF ZONING APPEALS
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 additnal:'section of the
ordinance being varied. Or, see Hearing Officer Option Fees.
DOCKET NO. DATE RECEIVED:
1) Applicant: Little Star Center, Inc.
Address: 12726 Hamilton Crossing Boulevard
2) Project Name: Hamilton Crossing Building 1
Engineer /Architect: N/A
Attorney: Joseph D. Calderon
Contact Person: Steven B. Granner
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: Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Duke Realty Limited Partnership
Owner's address: 600 E. 96th Street, Suite 100, Indianapolis, IN 46240
5) Record of Ownership:
Deed Book No. /Instrument No. 200300026880
Page: N/A Purchase date: 3/19/03
6) Common address of the property involved: 12726 Hamilton Crossing Boulevard
Legal description: See attached
Tax Map Parcel No.: 16- 09- 26- 00 -00- 017.003
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).
Petitioner requests a variance of Development Standards, Chapter 25.07.02- 07(b), to allow the one (1)
permitted wall sign for this tenant to face east and front on a private street Hamilton Crossing
Boulevard.
ph one: 317 -808 -6000
Phone: N/A
Atone 317 684 -5331
Phone: 317 684 -5304
Phone: 317 808 -6000
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance Two (2) similar tenant wall signs located
on this building already face east toward the private Hamilton Crossing Boulevard.
9) Present zoning classification of the property: B5 /U.S. 31 Overlay
10) Size of lot/parcel in question: 8.77 acres
11) Present use of the property: Pre School /Office /Flex
12) Describe the proposed use of the property: Same
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. 04020019 SU;
UV -47 -89
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 after approval.
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Little Star Center, 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.)
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 Department of Community Services.
Applicant Signature: Date: 5/29/12
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.
2161717v1
2161717v1
1, 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.
STATE OF INDIANA
Joseph D. Calderon
SS:
(149(ftdC Attorney, CIXXtM t24i)
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AFFIDAVIT
Signed:
Joseph D. Calderon
(Please Print)
County of Marion Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Marion County, State of Indiana, personally appeared
(Notary Public's county of residence)
29th day of May 20 12
and acknowledge the execution of the foregoing instrument this
Notary Public'- Signature
Notary Public Please Print
Page 6 filename: development standards variance 2012.doc rev. 12/28/2011
Attorney, 31f 650§KWAI 09) Date
My commission expires:
This consent shall:
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My Commission Expires:
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71599849
CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
CONSENT FORM
The undersigned, (UCVtc5 pffae1/1 on behalf of Duke Realty Limited
Partnership, being the owners of the property commonly known as 12726 Hamilton
Crossing Blvd., hereby authorizes Little Star Center, Inc. and Bose McKinney Evans
LLP to file Variance and ADLS Amend. petitions necessary for the aforementioned
address and to represent said owners before the Carmel Board of Zoning Appeals, and
its Hearing Officer, and before the Carmel Plan Commission, and its committees.
remain in effect until revoked by a written statement filed with the
Department of Community Services.
remain in effect until August 8, 2012.
Duke Realty Limited Partnership
By:
Printed:
Title:
SS:
Q.,\iNck." pLew,
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Subscribed and sworn to before me this day of March, 2012.
Public
e Due Wul/
Prin d Signature
EXHIBIT A
PAGE 1 OF 1
A LAND BOUNDARY DESCRIPTION OF THE
TOTAL BUILDING ONE SITE (INCLUDING EXPANSION AREA)
HAMILTON CROSSING
HAMILTON COUNTY, INDIANA
APRIL 14, 1999
A part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said
quarter section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north
line of said quarter section; thence South 00 degrees 25 minutes 34 seconds East 546.54 feet to
the POINT OF BEGINNING of this description: thence North 89 degrees 34 minutes 26 seconds
East 401.00 feet thence Easterly, Southeasterly, and Southerly 230.91 feet along an arc to the
right and having a radius of 147.00 feet and subtended by a long chord having a bearing of South
45 degrees 25 minutes 34 seconds East and a length of 207.89 feet to a point on the northerly
prolongation of the western line of an Ingress Egress Easement, recorded as Instrument number
90 -9043 in the Office of the Recorder of Hamilton County, Indiana, as shown on the
ALTA/ACSM Land Title Survey of Hamilton Crossing Building One, Phase One, prepared for
Duke Associates by Paul I. Cripe, Inc., dated July 30, 1993; thence South 00 degrees 25 minutes
34 seconds East 559.46 feet along said prolonged western line and along the western line of said
Ingress Egress Easement to the south line of the Building One parcel as shown on said Cripe
survey, said line also being the north line of the parcel of land known as Building Two, Hamilton
Crossing; thence South 89 degrees 34 minutes 26 seconds West 541.73 feet along the south line
of said Building One to the southwest corner of said Building One; thence Northerly .86.80 feet
along an arc to the right and having a radius of 600.00 feet and subtended by a long chord having
a bearing of North 04 degrees 34 minutes 14 seconds West and a length of 86.73 feet; thence
North 00 degrees 25 minutes 34 seconds West 619.96 feet to the POINT OF BEGINNING and
containing 8.777 acres, more or less. The bearings in this description arc based upon the north
line of the Southwest Quarter of Section 26 having a bearing of North 88 degrees 42 minutes 47
seconds East. Subject to all casements, restrictions and rights -of -way of legal record.
EXHIBIT A
PAGE 1 OF 1
G'.1SVIPROJLCTS1568391Legal Desclbidgl.doc 4/15/99 8:35 AM
Prepared by Woolpert Lt.
2161717v1
Docket No.:
Petitioner:
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
Little Star Center, Inc.
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the sign will be of similar construction as other signs located within the Meridian Corridor. The sign will comply
with all construction codes and regulations and will be installed by professionals.
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 adjoining properties to the north, east and south are zoned B -5 or B -2 and are also located within the U.S.
31 Overlay Zone. Various sign programs provide identification to these commercial 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:
Hamilton Crossing Boulevard, for all intents and purposes, appears to be a publicly dedicated street. It provides
direct access for the adjacent commercial buildings within Hamilton Crossing. Putting the permitted sign on the
rear of the tenant space would locate the sign within an enclosed service court.
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.
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