HomeMy WebLinkAboutApplication
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FEE:
All Other $978.50 for the first variance, plus $463.50 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. OS()<:;" to Lt V DATE RECEIVED: Mav 13.2005
1)
Applicant:
CSO Schenkel Shultz
Address:
c/o Steven B. Granner~ Bose McKinney & Evans LLP
600 E. 96th Street, Ste. 500 Indianapolis~ IN 46240
2)
Project Name: Seven Parkwood
Phone:
848-7800
Engineer/ Architect:
T. Brent Davis~ A. I. A.
Phone:
848-7800
Attorney:
Philip A. Nicely
Phone:
684-5301
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
x
(c) Other:
Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Duke-Hawk LLC
Owner's address: 600 East 96th Street Ste. 100 Indianapolis~ IN 46240 Phone: 808-6000
5) Record of Ownership:
Deed Book No./Instrument No.
9931300
Page:
Purchase date: May 24~ 1999
6) Common address of the property involved: 280 East 96th Street
Legal Description:
(See attached)
Tax Map Parcel No.:
16-13-11-04-17-001-003
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7) State explanation of requested Development Standards Variance: (State what you want ~o 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 development standards variance of the Sign Ordinance Section 25.7.02 - 1 O( c) to allow the
maximum area of the sign to exceed that permitted by the ordinance.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The merger of CSO with Schenkel Shultz requires a sign change. The existing sign was permitted by V -58-99. The
second tenant sign for Morgan Stanley was permitted by V-223-00.
9)
Present zoning of the property (give exact classification):
B-6/US 31 Corridor
10)
Size of lot/parcel in question:
4.363
acres
11)
Present use of the property:
Office
12) Describe the proposed use of the property: Same
13)
Is the property: Owner occupied
Yes
Renter occupied Yes
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.
Morgan Stanley was granted a variance to have a second tenant wall sign of the north fayade by V -223-00.
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 is being filed?
CSO Schenkel Shultz
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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
competed. )
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 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.
I, , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and
complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
(to be filed)
Auditor of Hamilton County, Indiana - Signature
Date
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AFFIDA VIT
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. I, the undersigned, authorize the applican to act on my behalf with regard to
this application and subsequent hearings and testimony.
Signed:
05/13/05
Date
Philip A. Nicely
(Please Print)
STATE OF INDIANA
SS:
County of
Hamilton
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
Marion
(Notary Public's county of residence)
County, State of Indiana, personally appeared
Philip A. Nicely
(Attorney)
and acknowledge the execution of the foregoing instrument
this
13th
day of Mav
, 20 05
(SEAL)
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Steven B. Granner
Notary Public - Please Print
My Commission expires:
October 23~ 2008
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CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
Duke-Hawk~ LLC
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS
DAY OF
June
, 20 05.
Board Member
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CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Duke-Hawk~ 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 sign will be fabricated by a sign companv~ be internally illuminated and be underwriters listed. The sign will
be installed bv professionals using standard engineering practices.
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 surrounding areas of this site are also zoned B-6 with similar office buildings and similar major tenant signs.
The proposed sign is typical of the major tenant wall signs in the development.
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:
the proposed positioning of the logo results in a significant area of non-sign area being figured as part of the sign
area for calculation purposes~ as stated in the ordinance.
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 June
, 20 05.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRET AR Y, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back (Petitioner or his representative to sign).
63796_I.DOC
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EXHIBIT A
A LAND BOUNDARY DESCRIPTION OF THE6
BUILDING 7 SITE ~-I
P ARKWOOD CROSSING \~
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HAMILTON COUNTY, INDIANA \~
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ApRIL 28, 1999
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A part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the southwest comer of
said quarter section; thence North 00 degrees 48 minutes 07 seconds East 606.41 feet
. along the west line of said quarter section; thence South 89 degrees 11 minutes 53
seconds Easr 60.52 feet to the east line of the Ingress-Egress and Utility Easement
recorded in Instrument No. 91-18210, in the Office of the Recorder of Hamilton County
and the POINT OF BEGINNING of this description: thence North 00 degrees 48 minutes
07 seconds East 3.65 feet along said east line; thence along the southeast line of said
easement Northeasterly 579.91 feet along an arc to the right and having a radius of
372.50 feet and subtended by a long chord having a bearing of North 45 degrees 24
minutes 03 seconds East and a length of 523.10 feet; thence South 90 degrees 00 minutes
00 seconds East 208.39 feet along the south line of said easement to the northwest comer
of that land described in the deed to Indiana Insurance Company recorded in Instrument
No. 92-49116, in said Recorder's office; thence South 00 degrees 00 minutes 00 seconds
West 267.48 feet along the west line of said Indiana Insurance land; thence South 90
degrees 00 minutes 00 seconds East 40.08 feet along said west line; thence South 00
degrees 40 minutes 57 seconds West 110.00 feet along said west line to the southwest
comer of said Indiana Insurance land; thence North 90 degrees 00 minutes 00 seconds
West 39.61 feet; thence North 00 degrees 02 minutes 23 seconds West 6.53 feet; thence
North 90 degrees 00 minutes 00 seconds West 580.06 feet to the POINT OF
BEGINNING and containing 4.363 acres, more or less.
EXHIBIT A
P:\99089\ADMIN\MISC\Parkwood 7 Site Description.doc
6/18/99 11: 15 AM
Prepared by Woo/pert LLP
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EXISTING
One Parkwood 5-Stories 108,000 SF
Two Parkwood 4-Stories 93,300 SF
Three Parkwood 5-Stories 120,000 SF
Four Parkwood 5-Stories 135,000 SF
Ave Parkwood 5-Stories 135,000 SF
Six Parkwood 6-Stories 200,000 SF
Seven Parkwood 3-Stories 90,000 SF
TOTAL 881,300 SF
- -t~
31st St
~ Carmel ~ "D
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G - Gonferance Genter
D - Onsite Dining
AS - Auto Spa
W Workout Facility
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Duke-Weeks Owned, Leased, Managed or Developed Buildings