HomeMy WebLinkAboutApplications • •
Boone, Rachel M.
From: Boone, Rachel M.
Sent: Monday, October 15, 2012 2.27 PM
To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V, Donahue-Wold, Alexia K; Duncan,
Gary R, Foley, Amanda J; Hancock, Ramona B, Haney, Douglas C; Hollibaugh, Mike P; 'John
Molitor'; Kass, Joslyn, Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki, Sue;
Martin, Candy; Mindham, Daren, Mishler, Nicholas F; Passineau, Nichole M; Redden, Nick;
Stewart, Lisa M; Thomas, John G, Tingley, Connie S
Cc: 'Paul G. Reis'; 'Kevin G Buchheit, AICP'
Subject: Docket No Assignment: (DSV)Tom O'Brien -Signage(#12100007-11 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for(V)Tom O'Brien -
Signage. They will be the following
Docket No 12100007 V $1,177 00 Development Standards Variance fee
Docket No. 12100008 V $556.00 Development Standards Variance additional fee
Docket No. 12100009 V $556.00 Development Standards Variance additional fee
Docket No. 12100010 V $556.00 Development Standards Variance additional fee
Docket No. 12100011 V $556.00 Development Standards Variance additional fee
Total Fee: $3,401.00
(V)Tom O'Brien—Signage
The applicant seeks the following development standards variance approvals:
Docket No. 12100007 V Ch. 25.07.02-08 b) Number of signs (9 proposed, 6 allowed)
Docket No. 12100008 V Ch. 25.07.02-08 c) Total square footage (459.39 sq.ft. proposed, 306.20 sq. ft.
allowed)
Docket No. 12100009 V Ch. 25.07.02-08 b) Number of signs facing a ROW south (6 proposed, 3 allowed)
Docket No. 12100010 V Ch. 25.07.02-08 b) Number of signs not facing a ROW west (2 proposed, 1
allowed)
Docket No. 12100011 V Ch. 25.07.02-08 d) Ground sign height(8' proposed, 6' allowed)
The site is located at 4630 E. 96th St. It is zoned B-3.
Filed by Kevin Buchheit and Paul Reis of Krieg DeVault on behalf of Tom O'Brien Holdings, LLC.
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, November 1. Published notice
is required within the Noblesville Times*. 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, Wednesday, November
21st 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, Friday, November 16th. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the Tuesday, January 29, 2013 agenda of the BZA.
5. This Item will appear on the Monday, November 26th, 2012 agenda of the Board of Zoning Appeals 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 Tuesday, January 29, 2013 meeting
8 Plan Commission and sign permit approval will also be required.
9. PETITIONER: refer to your instruction sheet for more details.
Mr. Reis can be contacted at 317-238-6293 and Mr Buchheit can be contacted at 317-808-5820.
1
• •
Department's Review Comments; petitioner, please complete the following:
1. Make sure the public notice meeting time to the newspaper and neighbors reads 6.00 PM. It is suggested to send
the notice to the Noblesville Times* newspaper by 11 AM, two days prior to the public notice deadline(765-365-
2316 or email
legalsna thetimes24-7.com).
1 Please make checks payable to the City of Carmel.
2. Please provide filled out and notarized placement of public notice sign affidavit.
3. Please provide proof of notice from the Noblesville Times*.
4 Please provide green signed return receipts
Thank you
*this is a new change; it used to be required in the Indianapolis Star.
Zc cheL3oaone'
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
APlease consider the environment before printing this e-mail
2
•
sY °07
CITY OF CARMEL- BOARD OF ZONING APPEALS - ?��
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE �\�, I
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 sectionfofthe
ordinance being varied Or, see Hearing Officer Option& Fees " }_
DOCKET NO 11 0 0---.() r 1 I V DATE RECEIVED. October 12 , 2012
1) Applicant. O'Brien Holdings, LLC
Address. 4630 E. 96th Street, Indianapolis, IN 46240
2) Project Name O'Brien Auto Dealership Sign Package Phone.
Engineer/Architect: Phone:
Attorney. Paul G. Reis, Esq. phone:317-238-6293
Paul G. Reis or
Contact Person: Kevin (4 Pit rhhei t- Phone 317-808-5820
Email:preis @kdlegal .com OR kbuchheit @kdlegal .com
3) - Applicant's Status. (Check the appropriate response)
XX (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 N/A
Owner of the property involved.
Owner's address. Phone.
5) Record of Ownership.
Deed Book No./Instrument No. (plat) 2001-285 ; 2001-288 from DYC Realty
Page Purchase date
6) Common address of the property involved. 4630 E. 96th Street, Indianapolis, IN 46240
Legal description: Lot #2 , E. 96th St . Auto Park Subdivision
TaxMapParcelNo 16-14-08-00-05-002 . 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)
The development of a new sign package to accommodate added vehicle brands
requires variance to the following zoning ordinance sections (all Section
25.07.02-08) : b%)&) allow 9 identification signs (6 permitted) ; c) . allow 459.39 SF
of signage (306.2 SF permitted) ; b)C o allow 6 signs facing a R/W (3 permitted) ;
b)`Oto allow 4 signs NOT facing a R/W (1 permitted) ; and d) to install a ground sign
height of 8 feet\,(6 feet height permitted) . (All permitted references here are by
either zoning ordinance or by previous variance(s) granted. )
8) State reasons supporting the Development Standards Variance (Additionally, complete the attached question
• •
sheet entitled "Findings of Fact-Development Standards Variance") Following the reorganization of
the Chrysler Corporation, the branding and signage for the Chrysler dealerships
has been updated. The requested variances are necessary for the O'Brien dealership
to meet the updated requirements for authorized dealers of the Chrysler, Dodge, Jeep
9) Present zoning classification of the property B-3/Business District and Ram vehicle brands
10) Size of lot/parcel in question: 7 . 21 acres
11) Present use of the property automobile dealership/new & used sales & service
12) Describe the proposed use of the property' Unchanged from present use
13) Is the property. Owner occupied Renter occupied _Other Leased to related entity
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.
Previous variance docket numbers from 2000: V-69 through 76-00.
15) Has work for which this application is being filed already started? If answer is yes, give details. No.
Building Permit Number
Builder
16) If proposed appeal is granted, when will the work commence?
Immediately.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Owner/Related entity - Lessee
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 �s `i I�rvrol►' 74Y 4,�,r/ 4 /hl(I ijA, 144 Date /O/��/Z0/Z•
i
The applicant certifies b ing t is a lication that he/sile has been advised that all representations of the Department of
Community Services are advisory o y and that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney
• •
AFFIDAVIT
I, hereby swear that I am the attorney for the applicant 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 The applicant and its attorney have been authorized to act on behalf of the owner with regard to this
application and subsequent hearings and testimony
O'BRIEN HOLDINGS, LLC
By. /
Paul G' Rei , Attor y r Applicant
STATE OF INDIANA
SS
COUNTY OF HAMILTON)
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis and
acknowledged the execution of the foregoing application this 12\4 day of October IX, 2012.
172_
Notary Public
Printed 'gRowe BARBARA A CACCIOTTI
My Commission Expires. =?NOTARY ;= Morgan County
- Ste. My Commission Expires
Resident of , County, Indiana °`" June 14,2015
"
• •
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No
Petitioner O' Brien Holdings, 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 automobile dealership site is located in the busy retail commercial area along East 96th Street.The additional signage
is necessary in order to adequately identify the dealership for new and existing customers and vendors and to allow them
to make safe and efficient vehicle turning decisions from 96th Street into the site and,once on the site,to easily locate the
various services offered by the dealership.The additional signage promotes the public health,safety and general welfare
of the customers,prospective customers,vendors and the general public by providing identification and direction when
entering, leaving and moving about the site.
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 site is situated in the midst of sites with similar uses and development both north and south of East 96th Street.The
surrounding uses shield the site from the nearest residential uses in all directions,so there is no impact to residential
property.The additional signage is necessary for the continued success of the dealership,which enhances the value of the
site and will have no effect or impact on the use and value of the other properties adjacent to the property.
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
With the reorganization of the Chrysler Corporation,the branding and signage for Chrysler dealerships has been updated.
The proposed new sign package and the requested variances to implement the proposed new sign package are necessary to
allow the O'Brien dealership to meet the requirements for authorized dealers of the Chrysler,Jeep,Dodge and Ram vehicle
brands.The strict application of the terms of the Zoning Ordinance will preclude the dealership from meeting these
requirements and result in significant difficulties in the use and operation of the property as an authorized Chrysler
dealership.
DECISION
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 day of , 20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign
Page 10- filename development standards venance 2012.doc rev.12/28/2011