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CARMEL/CLAY BOARD OF ZONING APPEALS
'IIEARING'.OFFI'CER'
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,05060030 V
05060031 V
0'5060032' V
" 05060033.V
. SIGN VARIANCES "
FOR
MERIDIAN, MARK PLAZA'
ME'RIDIAN MARK I & 'II
1161.1.&11711 N.,Meridian
Zeller Realty Group
JulyS, 200S
Steven B.Granner, AICP
Zoning 'Consultant
Bose McKinney&~E,v~ns .LLP
600 East 96th Street, Suite 500
Indianapolis, IN 4,6240
(317).684-5300'
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Explanation of Request
Petition
Zoning Base Map & Site Plan
Wall Sign Criteria
Exhibit B
(Proposed Wall Sign Locations)
Proposed Ground Sign
Meridian Street
Existing Ground Sign
Pennsylvania Street
Findings of Fact
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DESCRIPTION OF REQUEST
Petitioner requests variances of development standards for the following items:
(i) The existing ground identification sign adjacent to Pennsylvania Street is intended to be
totally re-done with new lettering and new address numerals. The area of the letters on
this sign comply with ordinance standards. Address numbers are "exempted signs" in the
ordinance. However, Sign Chart C, the Address Number chart, lists the maximum height
of numbers to be 3.5 inches within 100 feet of the right-of-way and 7.0 inches within 200
feet of the right-of-way. This variance will allow both sets of numbers on this existing
sign to be re-done at 12.0 inches high. (Chapter 25.07).
(ii) Meridian Mark I ( the south building) is permitted three (3) signs because the site has
three (3) frontages. This variance will allow for the transfer of the right for a wall sign
on the Pennsylvania Street fa~ade to the southwest fa~ade of Meridian Mark I which
faces the intersection of 1 16th and Meridian, as shown on Exhibit B-1 in Tab #5 and as
regulated by the Sign Criteria in Tab #4. (Chapter 25.07.02-10.b)
Meridian Mark II (the north building) is permitted two (2) signs because the site has two
(2) frontages. This variance will allow for the transfer of the right for a wall sign on the
Pennsylvania Street fa~ade to either the south, west or north facades of Meridian Mark II,
as shown on Exhibits B-3 and B-4 - in Tab #5 and as regulated by the Sign Criteria in
Tab #4. (Chapter 25.07.02-10.b)
(iii) Although Meridian Mark II is an eight (8) story office building like Meridian Mark I,
Meridian Mark II.is only allowed two wall signs by ordinance. This variance will. allow
the eight (8) story Meridian Mark II to have three (3) wall signs, similar to the three (3)
wall signs permitted for the eight (8) story Meridian Mark I. (Chapter 25.07.02-10.b)
(iv) Meridian Mark Plaza is permitted three (3) ground identification signs because it has
frontage on three streets. One ground identific~tion sign exists on the Pennsylvania
Street frontage [see (i) above]. A second ground identification sign exists on the U.S. 31
frontage adjacent to Meridian Mark I. The ground identification sign permitted for the
116th Street frontage does not exist. This variance will allow for the rights for the 116th
Street sign to be transferred to the U.S. 31 frontage adjacent to Meridian Mark II, as
shown in Tab #6. (Chapter 25.07.02-11.b)
68579_I.DOC
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CITY OF CARMEL - CLAY TOWNSHIP
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2 1 2005
FE~: Single, Fa mil! (Primary Residence) $250.00 for the first variance, plus $75.00 for each additid\~~section <}) ~s
ordInance beIng varIed.>;,,~, \. VI.;
All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinanc~o'~~*@ varied.
05060030 V; 05060031 V; 'Y:!!."->"/r]
DOCKET NO. 05060032 V: 05060033 V DATE RECEIVED: '--~_-:-
DEVELOPMENT STANDARDS VARIANCE REQUEST
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HAMILTON COUNTY, INDIANA
APPLICA TION FOR BOARD OF ZONING APPEALS ACTION
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1)
Applicant: Zeller Realtv Group
Address: 11611 North Meridian Street Suite 120
2)
Project Name: Meridian Mark Plaza
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Engineer/Architect: N/ A
Photne: 580-2425
Phone: N/A
Phone: 684-5304
Agent: Steven B. Granner
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3)
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
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(b) The applicant is the contract .purchaser of the property
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x (c) Other:
Applicant is an affiliate of the owner
4)
If Item 3) (c) is checked, please complete the following:
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Owner of the property involved: Zeller-Carmel L.L.C.
Owner's address: 11611 North Meridian Street.. Suite 120
Phone: 580-2425
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5)
Record of Ownership:
Deed Book No./Instrument No.
200100045340
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Page: N/ A
Purchase date: Julv 23.. 2001
6)
Common address of the property involved: 11611 and 11711 N. Meridian Street
Legal Description:
(See attached description)
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Tax Map Parcel No.: MMI: 1609350000037.001: MMII: 1609350000037.002
7)
State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the CarmeUClay Zoning Ordinance that applies and/or creates the need for this request).
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Petitioner requests variances of (n Chapter 25.07: Sign Chart C to allow new address numbers to be 12.0 inches in
height on the existing Pennsylvania Street sign: (in Chapter 25.07.02-10.b: to allow for the transfer of wall sign rights
from one frontage (Pennsylvania) to another frontage. for both buildings: (iin Chapter 25.07.02-10.b: to allow a third
wall sign for Meridian Mark II (the north bui]dinS!): and. (iv) Chapter 25.07.02-11.b: to aJIow the transfer of S!round
identification sign rights from one frontage (116th) to another frontage (U.S. 31 ).
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Page I of 8
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68409_I.DOC
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8)
State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
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The relocation of sign rights from one frontage to another is a common practice in the US 31 and 1-465 Corridors.
The address numbers need to be the size requested to be easily readable. A third sign for Meridian Mark II is
reasonable and appropriate for an 8-storv building in the Meridian Corridor.
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9)
Present zoning of the property (give exact classification):
B6.. B3 and US 31 Corridor
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10)
Size of lot/parcel in question:
19.677
acres
11)
Present use of the property:
Office Com~lex.. with limited first floor retail
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12)
Describe the proposed use of the property: (same)
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13)
Is the property: Owner occupied
Renter occupied X
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Other
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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. .
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An ADLS Amendment petition has been filed as a companion to this petition.
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15)
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
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Builder:
N/A
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16) If proposed appeal is granted, when will the work commence?
A.S.A.P.
17) .. If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application
is being filed?
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Zeller Realty Group
NOTE:
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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.
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LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
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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.)
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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.)
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68409_1. DOC
Page 2 of 8
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AFFIDA VIT
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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 applicant to act on my behalf with regard to this
application and subsequent hearings and testi~Ony,_ - ~~
SIgned: _~ ~ June 20~ 2005
Attorney) Date
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Angela Temoel
(Please Print)
STATE OF INDIANA
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ss:
County of
Hamilton
(County in which notarization takes place)
Before me the undersigned, a Notary Public
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for
Marion
(Notary Public's county of residence)
County, State of Indiana, personally appeared
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Angela Tempel
(Attorney)
and acknowledge the execution of the foregoing instrument this
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20th day of
June
, 20 05
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(SEAL)
/7 A
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I Notary Public - Signature
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Steven B. Granner
Notary Public - Please Print
My Commission expires:
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10/23/08
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68409_1. DOC
Page 4 of 8
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MERIDIAN MILE ASSOCIATES
IN ST. *34848. eOC?K 331. PO. 1
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MAO, NAJ~ FOUND
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PURPOSE:
GENERAL:
DESIGN:
MERIDIAN MARK PLAZA I & II
WALL SIGN CRITERIA
The purpose of these sign requirements is to assure sign continuity and unifonnity
throughout the_center. It is essential that the. signage compliment the architectural
design of the Center and that the esthetics of the center be maintained at all times.
All signs must be approved, in writing, by Landlord or its representative.
All signs must consist of reverse illuminated individual channel letters. All letter
components constructed and installed as described within the following criteria.
Tenant shall be responsible for the fulfillment of all requirements and specifications,
including those of the applicable local governing agency and/or codes, and obtaining
all necessary sign permits.
Tenant shall be responsible for the installation and maintenance of their sign. Should
Tenant's sign require maintenance or repair, Landlord shall give Tenant thirty (30)
days written notice to effect said maintenance or repair. Should Tenant fail to do
same; Landlord shall have the right to undertake repairs and Tenant shall reimburse
Landlord.
Wording of the signs shall not include the trade name of products sold or the price of
items sold except as a part of the Occupant's trade name or insignia. Use of generic
terms will be reviewed on an individual basis.
Tenant signs shall not be restricted to a certain letter style or font
Each letter or logo construction, lighting, and installation must be consistent
with the letter components of the National Electrical Code. Layouts must be
submitted to the Landlord for written approval prior to sign construction. Drawings
must include copy, size, colors, placement and a cross section detailing the
installation. Upon approval, a pennit application must be filed, by tenant, with the
Cannel Clay Township Department of Community DevelopmeTit- A copy of the
approved pennit must be returned to the Landlord prior to sign installation.
No sign of any sort shall be pennitted on top of the building roof.
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- CONSTRUCTION: Letters and logo components are to be constructed with 5" deep polished gold anoized
aluminum. All letters and logo's must have 3/16" clear acrylic backings behind each
letter to protect all neon and wiring components from outdoor elements.
Each sign will also have weep holes at the bottom to allow proper drainage.
LIGHTING:
Illumination is to be EGU CL 8300 Designer White neon tubing within the channels.
This method will create a "halo effect" on the.reverse wall.
NUMBER:
Meridian Mark Plaza I: There may be a combined total of three (3) wall signs for the
building, with no more than one sign on each permitted fa~ade.
Meridian Mark Plaza II: There may be a combined total of three (3) wall
signs for the building, with no more than one sign on the north fa~ade and no more
than one sign on the south fa~ade. The west fa~ade may have a maximum of two (2)
sIgns.
SIZE: No individual wall sign shall exceed 105 square feet. No letter can be taller than 48" in
height. Logos are not to exceed 25% of the allowable sign area. All signs, except for
logos, are to be on one line. (No stacked formats, except for logos)
PLACEMENT: Signs may be placed at any of the sign locations shown in Exhibit A, subject to the
limitations on number of signs. Signs must be centelied horizontally with adjacent
signage on the building. A photo rendering of placement must accompany the spec
drawing for final approval. The landlord reserves. the right to adjust placement to
ensure architectural compatibility with the fa~ade.
INSTALLATION: All components are to be installed on the sign band projected off the background with
stainless steel spacers and anchored to the background surface. Neon connections to
the secondary wiring are to be made in UL approved. conduit. All secondary wiring is
to be installed on the backside of the wall enclosed in grounded metal1ic flexible
conduit. 120 volt transformers are to be installed in vented metal boxes on the
backside of the wall. Primary wiring to the sign, including a time clock, is the
responsibility of the tenant. The Tenant is to maintain a consistent on/off
schedule as specified by the Landlord. All signs are to be fabricated and installed
based on D.L. specifications.
All conductors, transformers, and other equipment shall be concealed.
Electrical service to the sign shall be on Occupant's meter and shall be part of
Tenant's construction and operation costs.
All bolts, fastenings, clips, etc., shall be painted to match the sign mounting surface.
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REMOV AL:
GUARANTEE:
#68126vI
No sign maker's label or other identification will be permitted on the exposed surface
of sign, except for those required by local ordinance which shall be placed in an
inconspicuous location.
All penetrations of the building structure required for sign installation shall be neatly
sealed in a watertight condition.
Sign contractor shall repair any damage caused by his work. Damage to
structure that is not repaired ,by the sign contractor shall become the Occupant's
responsibility to correct.
Tenant shall be fully responsible for the operation of the Tenant's sign contractor
and shall indemnify, defend and hold the parties harmless from damage or liabilities
on account thereof.
Upon lease termination, the Tenant is responsible for the removal of the sign and
repair to the wall from the installation and use of the sign to the condition of the
wall prior to the Tenant's installation of the sign.
The Sign Company shall carry workman's compensation and public liability insurance
against all damage suffered or done to and all persons and/or property while engaged
in the construction or erection of signs in the amount of up to $2,000,000.00 +
$1,000,000 per occurrence. .
Landlord reserves the right to hire an independent electrical engineer (at Tenant's sole
expense) to inspect the installation of Tenant sign and to require the Tenant
to have any discrepancies and/or code violations corrected at the Tenant's expense.
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SIGN COMPANY CERTIFICATION LETTER
I hereby certify that I have read and understand the requirements for sign construction, notificat~on and
installation. All items described in the sign criteria will be strictly conformed to and any variation will be
corrected at our expense, including necessary repairs to the fascia as a result of improper installation.
Sign Company Name:
Address:
Phone number:
Signature of Sign Compary's
Authorized Representati ve:
Printed name:
Title:
Date:
#68126vl
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EXHIBIT B-1
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MERIDIAN MARK I
Southwest and South Facades
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EXHIBIT B-2
MERIDIAN MARK I
West Facade
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EXHIBIT B-3
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MERIDIAN MARK II
West and South Facades
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EXHIBIT B-4
MERIDIAN MARK II
North and West Facades
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I
I
CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
I
Docket No.:
05060030 V
Petitioner:
Zeller Realty Group
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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:
I
the signs will be fabricated by an experienced sign company and illumination will be underwriters listed. The signs
I
will be installed by professionals using standard engineering practices.
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2.
The use and value of the area adjacentto the property included in the variance will not be affected in a substantially
adverse manner because:
I
the surrounding areas of this site are similarly zoned and are developed with similar multi-story buildings with
similar maior tenant signs and address sign numerals.
I
I
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:
I
the ordinance only allows address numerals to be located an this existing sign which are 3.5 inches high. Proper
street identification of the addresses of these two building dictates that the numeral height be larger than permitted by
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the ordinance.
DECISION
I
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket
No. 05060030 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
I
Adopted this
5th
day of
July
, 20 ..QL
I
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
I
Conditions of the Board are listed on the back (Petitioner or his representative to sign).
I
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Page 8 of 8
68409_I.DOC
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I
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CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
I
Docket No.:
05060031 V
Petitioner:
Zeller Realtv Group
I
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: '.
I
the signs will be fabricated by an experienced sign company and illumination will be underwriters listed. The signs
I
will be installed by professionals using standard engineering practices.
I
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:
I
the surrounding areas of this site are similarly zoned and are developed with similar multi-story buildings with
similar major tenant signs.
I
I
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:
I
the site is developed with two eight-story buildings~ yet these two buildings are allowed the same signage as a
two-story building. Transferring of sign rights to the prominent frontage~ US 31 ~ is necessary to allow for
I
reasonable use of the buildings.
DECISION
I
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket
No. 05060031 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
I
Adopted this
5th
day of
July
, 20 05
I
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
I
,SECRET AR Y, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back (Petitioner or his representative to sign).
I
I
Page 8 of 8
68409_1. DOC
I
I
I
CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
I
Docket No.:
05060032 V
Petitioner:
Zeller Realty Group
I
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
communi ty because: '.
I
the signs will be fabricated by an experienced sign company and illumination will be underwriters listed. The signs
I
will be installed by professionals using standard engineering practices.
I
2.
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
ad verse manner because:
I
the surrounding areas of this site are similarly zoned and are developed with similar multi-story buildings with
I
similar maior tenant signs.
I
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:
I
the site is developed with two eight-story buildings~ yet these two buildings are only allowed the same signage as a
two-story building. Building I is allowed three signs and~ to be competitive~ Building Two needs the right to three
I
signs as well in order to allow for its reasonable use.
DECISION
I
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket
No. 05060032 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
I
Adopted this
5th
d,\yof
July
, 20 ..QL
I
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
I
Conditions of the Board are listed on the back (Petitioner or his representative to sign).
I
I
Page 8 of 8
68409_I.DOC
I
I
I
CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
I
Docket No.:
05060033 V
Petitioner:
Zeller Realty Group
I
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:
I
the signs will be fabricated by an experienced sign company and illumination will be underwriters listed. The signs
I
will be installed by professionals using standard engineering practices.
I
2.
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
ad verse manner because:
I
the surrounding areas of this site are similarly zoned and are developed with similar multi-story buildings with
similar malor tenant signs.
I
I
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 site is developed with two eight-story buildings. yet these two buildings are allowed the same signage as a
I
two-story building. Transferring of sign rights to the prominent frontage. US 31. is necessary to allow for
I
reasonable use of the buildings.
DECISION
I
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket
No. 05060033 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
I
Adopted this
5th
day of
Julv
,20~
I
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
I
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back (Petitioner or his representative to sign).
I
Page 8 of 8
I
68409_1. DOC