HomeMy WebLinkAboutApplication Boone, Rachel M.
From: Boone, Rachel M.
Sent: Wednesday, November 16, 2011 3:21 PM
To: Blanchard, Jim E; Conn, Angelina V; Donahue -Wold, Alexia K; Hancock, Ramona B;
Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham,
Daren; Stewart, Lisa M; Tingley, Connie S
Cc: 'Jon Dobosiewicz'
Subject: Docket No. Assignment: (Variance) Meridian Tower Signage #11110007 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Meridian Tower
Signage.
They will be the following:
Docket No. 11110007 V $607.00 Development Standards Variance Hearing Officer fee
Total Fee: $607.00
(V) Meridian Tower Signage
The applicant seeks the following development standards variance approvals:
Docket No. 11110007 V Ch.25.07.02 -10 B Sign not facing public right -of -way: east
The site is located at 201 W. 103 St. and is zoned B -1. It is located within the US 31 Overlay Zone.
Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of the owner.
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 Friday, November 25. Published notice is
required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also
required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF).
3. The Proof of Notice will need to be received by this Department no later than noon, Monday, December 5.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later
than NOON, Wednesday, November 23. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the January 24, 2012 agenda of the BZA.
5. This Item will appear on the December 6, 2011 agenda of the Board of Zoning Appeals Hearing Officer under
Public Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet 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. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be
heard. If no one appears, it will be tabled to the January 24, 2012 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Dobosiewicz can be contacted at 317 844 -0106.
Department's Review Comments; petitioner, please complete the following:
1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or
email: publicnoticesQindvstar.com).
2. Please make checks payable to the City of Carmel.
3. Please provide filled out and notarized placement of public notice sign affidavit.
4. Please provide proof of notice from the Indy Star.
5. Please provide green signed return receipts.
Thank you.
Rachel/3001/1.e/
1
Sign Permit Specialist
City of Carmel
Department of Community Services
3rd Floor
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
http: /www.ci.carmel.in.us /services /communityservice.html
Please consider the environment before printing this e -mail
2
CITY OF CARMEL BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEE: Single Family (Primary Residence) $291.00 for the first variance, plus $89.90 for each additional section of
the ordinance being varied. All' Other $1,156.50 for the first variance, plus $546.40 for each additional section
of the ordinance being
`J varied. a 1� v l OR, see Hearing Officer Fees.
0
DOCKET NO. 1 1 0 1 DATE RECEIVED:
1) Applicant: Allegient, LLC
Address: See Exhibit "B" Phone: See Exhibit "B"
2) Project Name: Meridian Tower Allegient Wall Sign
Engineer /Architect: N/A
Attorney: Charles D. Frankenberger Phone: (317) 844 -0106
Email: Charlie @nf- law.com
Contact Person: Jon C. Dobosiewicz Phone: (317) 844 -0106
Email: jon @nf- law.com
3) Applicant's Status: (Check the appropriate response) 5 a, 5 6 7 8 9
(a) The applicant's name is on the deed to the property 9' r, 1�
(b) The applicant is the contract purchaser of the property
X (c) Other The applicant is building tenant (see enclosed owners consent form) 4
C 0\
4) If Item 3) (c) is checked, please complete the following: d 0811
Owner of the property involved: Virtu Meridian Associates, LLC ON.„$-
v
Phone: See Exhibit `B" ee
Landowner address: See Exhibit `B" 6 8 L 9 S
5) Record of Ownership:
Deed Book No. /Instrument No.:
6) Common address of the property involved: 210 West 103 Street, Indianapolis, IN 46290
Legal description: See "Exhibit A"
Tax Map Parcel No.: 16- 13- 11- 00 -00- 036.005
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).
The applicant seeks approval to allow the relocation of one of two approved signs from the north face of the
building to the east face, facing Meridian Street 1 -465. Section 25.07.02 -10(e) requires a wall sign to face a
public right-of-way. The subject parcel is separated from the public right -of -way by an undeveloped parcel
(see attached site location exhibit).
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact- Development Standards Variance
See the attached Findings of Fact.
9) Present zoning of the property (give exact classification): B -1 (Business)
10) Size of lot/parcel in question: 9.11 acres
Allegient -DSV 111411
1 1) Present use of the property: General Office
12) Describe the proposed use of the property: General Office
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, decision rendered and pertinent explanation.
The applicant will also be seeking ADLS Amend approval for the proposed sign from the Special Studies
Committee.
15) 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
16) If proposed appeal is granted, when will the work commence?
Immediately upon obtaining all required approvals.
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
The Applicant, its successors and assigns
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. 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 understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature: Date: g ////40
re Gana,'
The applicant certifies by singing 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.
Allegient DSV 111411
*The applicant will provide individual ballot sheets for all requested variances at the BZA meeting.
CARMEL ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: Allegient, LLC
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
2.
3.
DATED THIS 6 DAY OF December, 2011.
Board Member
Allegient- DSV 111411
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Allegient LLC
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
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 sign location will effectively address identification of one of the major tenants of the
building from Meridian Street 1 -465.
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:
Wall signs facing Meridian. Street 1-465 are consistent with the majority of multi- tenant multi -level
buildings in the corridor and allow for reasonable identification of major tenants. Adequate
identification of major tenants promotes higher occupancy rates in the corridor.
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:
Adequate identification of major tenants is critical to the success of building leasing. Absent
utilizing the proposed sign location the owner will be placed at a competitive disadvantage with
other similarly situated buildings in the US31 /Meridain Street Overlay which are permitted more
than one sign location facing Meridian Street 1 -465.
DECISION
IT IS THEREFORE the decision of the Carmel 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 6th day of December, 2011.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Allegient DSV 111411
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 corner 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 right of way line for Spring Mill Road per plans for 1.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 right 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.
Allegient DSV 111411
EXHIBIT "B"
(CONTACT LIST)
1. Applicant: Allegient, LLC
Attn: Helen Dennison
201 West 103` Street, Suite 530
Indianapolis, IN 46290
Phone: 317 -564 -5744
Email: hennison@allegient.com
2. Attorney /Land Use Professional:
Charles D. Frankenberger
Jon C. Dobosiewicz
Nelson Frankenberger
3105 E. 98 Street, Suite 270
Indianapolis, IN 46280
Phone: 317- 844 -0106
Fax: 317- 846 -8782
Email: Charlie @nf- law.com
Email: Jon@nf- law.com
3. Owner: Virtu Meridian Associates, LLC
Attn: Will Fleming, Asset Manager
5973 Avenida Encinas Ste 220
Carlsbad, CA 92008
Phone: 415- 398 -4202
4. Sign Company: A Sign by Design, Inc.
Attn: Gail Romine
4725 West 106 Street
Zionsville, IN 46077
Phone: 317- 876 -7900
Fax: 317- 802 -5670
Email: sbd @asignbydesign.com
Allegient -DSV 111411
OWNER'S CONSENT
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate hereby authorize
Allegient, LLC (the "Applicant along with its employees, engineers, land planners, attorneys,
attorneys' employees and agents, as follows:
1. To file with the Plan Commission of the City of Carmel (the "Plan Commission
and the Board of Zoning Appeals of the City of Carmel (the "BZA with respect
to the Real Estate, (i) an application to amend the Architectural Design, Lighting,
Landscaping, and Signage for wall signage, (ii) an application for variance
approval to permit additional wall signs, and (ii) for any other approvals that may
be required or deemed necessary by the Applicant to install a wall sign on the
building (collectively the "Approvals
2,. To pursue the Approvals before the Plan Commission, and any committees of the
Plan Commission and the BZA.
"Owner"
Virtu Meridian Associates, LLC
B
Date ,<,7
Owaern Consent 110911