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HomeMy WebLinkAboutPacket 04-22-13APR f52013.... DOCK 1 .CITY OF CARMEL - BOARD OF ZONING APPEALS ,APPLICATION FOR DEVELOPMENT ST RDS VARIANCE FEES: Single Family (Primary Residence) $302 for the first varian ' ,;114 x'3:00 for eac ordinance being varied. All Other S1,197 for the first variance, pl 5 for eactj;a ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. 130 (9-X. 1) Applicant: HC Carmel , LLC Address: 9797 N. Michigan Road, Carmel, IN 46032 2) Project Name: Holiday Inn Express & Suites INDNT phone: 317 - 632 -5555 DATE RECEIVED: al the n of: =.the Engineer /Architect: Studio A Phone: 502-589 -8007 Attorney: Phone: Contact Person: Lee Heppenheimer Phone: 317-632-5555 Email: lh®hotelcapital . cam 3) Applicant's Status: (Check the appropriate response) X (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: Owner of We property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No. /instrument No. Page: Purchase date: 6) Common address of the property involved: 9797 N. Michigan Road, Carmel, IN 46032 Legal description: See attached page. Tax Map Parcel No.: 17- 3.3- 07- 04 -02- 027.000 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). Want to add a wall sign, which would be a second sign facing the 'street' (N. Michigan) in addition to the already approved monument 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance"). The monument sign near the street show people where to turn and the -brand ct,ag -tee — . r Ho? iday Inn Expree,s es a wall sign.... 9) Present zoning classification of the property: B `6 10) Size of lot/parcel in question: 1 • 9 5 11) Present use of the property: Hotel 12) Describe the proposed use of the property: Hole 1 acres 13) Is the property: Owner occupied i Renter occupied 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. N/A 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: 13 0100 2 8 Builder: VJA Construction 16) If proposed appeal is granted, when will the work commence? March 2013 17) if the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? HC Carmel, LLC NOTE: LEGAL NOTICE shall be published in the Noblesville Times 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 Dep me of Co Ay unity Services. Applicant Signature: !C -1 �/ • I'nr4.0---,_ The applicant certifies by sign! Community Services are advi . only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney. is application that he/she has been advised that ail representations of the Depanrnent of AFFIDAVIT 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 testimony. RECE(•VED ._..222W3 Does STATE OF INDIANA County of Signed: SS: (9. 5 erty O a r, Attorney, or Power of Attorney) Date (Please Prin 1-A VIII (County in which notarization takes place) loaK Before me the undersigned, a Notary Public for ���`'� County, State of Indiana, personally appeared (Notary Public's county of residence) ke( 111-V (Property Owner, Attorney, or Power of Attorney) Z2 (SEAL) day of and acknowledge the execution of the foregoing instrument this R_ tor u6Lil 20 2,6Gt,M et-yuc._ Notary Public -- Signature c ( 1171 ko7O01 7 �° Notary Public — Please Print My commission expires: Page 6 - fdenzrrae;.(1 ECpi nt:!andegae, vin 20t3.1 rev. 1/2/1©13 NOTICE OF PUBLIC HEARING BEFORE THE CARMELICLAY ADVISORY BOARD OF.ZONING APPEALS Docket No. 13 0 2 0 0 2 4 V & 13020025V 22nd Notice is hereby given that the CarmellClay Board of Zoning Appeals meeting on the day of April , 2013 at 6 pm in the Caucus Rooms (choose one), 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to: (Explain your request—see question numbered seven (7)) The Holiday Inn Express & Suites franchisor, IHG, requires as a brand standard that each Hotel has both a monument sign for traffic control and a wall sign to identify the brand of hotel. Both signs need to face the hotels location addressed street duplicating worldwide approved design of the franchisor. property being known as (address) 9797 N. Michigan Road, Carmel, IN 46032 The application is identified as Docket No. 1302002 4 V & 13020025V The real estate affected by said application is described as follows:/ 7 -13 - 0 7 - 0 4 - 0 2 - 0 2 7 . 0 0 0 (Insert Legal Description or Tax ID parcel number(s)) All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above - mentioned time and place. HC Carmel, LLC PETITIONERS (Note: When mailing out public notices to adjacent property owners, it is recommended that you include a location map, as well.) Page 7 - flename: development standards vanance 2013.doat rev. 1/2/2013 HAMILTON COUNTYAUDITOR 1, DAWN COVERDALE, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS MARKED AS NEIGHBORS ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660' FEET FROM THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. DAWN COVERDALE, HAMILTON COUNTY AUDITOR DATED: (7/11:ded 6A440 a2A6/2e/ SUBJECT PROPERTY: 17-13-07-04-02-027.000 Subject HC Carmel LLC 120 Market St E Ste 710 Indianapolis IN 46204 Pursuant to the provisions of Indiana Code 5.14- 3J {e), no person other than those authorized by the County may reproduce, grant access. deriver, or sell any information obtained from any department or office of the County to any other person. partnership, or corporation. to addition any person who receives information from the County shall not be permitted to use any mailing list, addresses, or databases for the purpose of selling. advertising, or soliciting the machase of merchandise. goods, services, or to sell, loan. give away. or otherwise deliver the information obtained by the request to any other person. 2/26/2013 Page 1 of 1 HAMILTON COUNTY NOTIFICATION LIST PLEASE NOTIFY THE FOLLOWING PERSONS 17- 13 -07 -00 -00 -043.000 Heartland Oil Michigan Road LLC 5201 86th St W Indianapolis IN Neighbor 46268 17- 13 -07 -00 -00 -044.000 Heartland Oil Michigan Road LLC 5201 86th St W Indianapolis IN Neighbor 46268 17- 13 -07 -00 -00 -046.000 Neighbor Bartlett Realty Company Inc 460 Summer St Stamford CT 06901 17- 13 -07 -00 -00 -047.000 Hoagland, Thomas G & Mary L 8675 E 200 S Zionsville IN Neighbor 46077 17- 13 -07 -00 -00 -056.002 Neighbor Bill Estes Realty LLC 4105 96th St W Indianapolis IN 46268 17- 13 -07 -00 -02 -001.000 Neighbor FSC LLC 9700 Michigan Rd N Carmel IN 46032 17- 13 -07 -00 -02 -002.000 Neighbor FSC LLC 9700 Michigan Rd N Carmel IN 46032 17 -13 -07-04-01 -004.000 Neighbor Armstrong, G William Trustee of Armstrong Family Charitable Trust PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING 2/2612013 Page 1 of 3 10654 Sunset Point Ln Fishers IN 46037 7802 17 -13 -07 -04-01 -005.000 Neighbor Armtrust III LLC 10654 Sunset Point Ln Fishers IN 46037 17 -13 -07 -04-01 -006.000 Goodwin, Richard T & Sherry 943 Marwood Trails Indianapolis IN Neighbor 46280 17 -13 -07-04-02 -001.000 Neighbor Chief Financial Services 11589 Westbury PI Carmel IN 46032 17 -13 -07.04 -02 -002.000 Neighbor Lande, Gerald & Beth 9699 Michigan Rd N Carmel IN 46032 17- 13 -07-04 -02 -003.000 Neighbor Millman, Charles & Marsha PO Box 1019 Mattituck NY 11952 17 -13 -07 -04-02 -023.000 Neighbor Lande, Gerald & Beth 10043 Summerlakes Dr Carmel IN 46032 9545 17- 13 -07 44 -02 -024.000 Neighbor Lande, Gerald & Beth 10043 Summerlakes Dr Carmel IN 46032 9545 17- 13 -07 -04-02 -025.000 Neighbor KLC Realty LLC 3825 South East St PREPARED BY TIIE HAMILTON COUNTY AUDITORS OFFICE. DIVISION OF TAX MAPPING 2/26/2013 Page 2 of 3 Indianapolis IN 46227 17- 13-07 -04-02- 026.000 Neighbor KLC Realty LLC 3825 South East St Indianapolis IN 46227 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE. DIVISION OF TAX MAPPING 2/26/2013 Page 3 of 3 Docket No.: Petitioner. CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 2 13020024V & 130X0025V HC Carmel, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: It is a wall sign identifying the hotel franchise that is self lite and doesn't shine outwardly. 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: It helps enhance the value of the area with an upgraded value commercial property in an area surrounded by commercial properties. 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: Due to the nature of the flow of traffic, there is a needed to identify the egress onto the property with a monument sign and the need for a second wall sign to identify the identity of the hotel itself. 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: deweternent stewards ranant+a 2G43.COCa cev. 1 sV O1 Statement of Variance HC Carmel, LLC d /b /a Holiday Inn Express & Suites is asking to have a second sign, Ch. 25.07.02- 03 b) 1. only allows one, facing the west ROW, Ch. 25.07.02 -03 b) 1., also only allows one to face the west ROW, on the face of the building (wall) facing to North Michigan Road in addition to the monument previously approved by the Commission that identified the egress and ingress to the site. Statement of Support Petitioner would like to point out that a number of other commercial properties along North Michigan Road, both previously established and more recently built have more than one signs facing the road. Further, functionally, the second sign is to identify the brand of hotel, critical to the operation being successful due to its association with the Holiday Inn Express & Suites franchise with InterContinental Hotel Group. While the already approved monument sign helps customers locate the egress and ingress to the hotel, the wall sign identifies the hotel. CITY OF CARMEL ZONING ORDINANCE 25.07.02 -03 Single Tenant Building. SIGN CLASSIFICATION: Awning, Ground, Porch, Projecting, Roof, Suspended, or Wall Sign. 'NUMBER & TYPE ;One,(1') Identification sign per Street' Frontage, maximum three-(3)-signs. _ ,A "building; owner with two (2) or more Street ',Frontages, may elect_ to transfer a ;permitted sign, from one Street Frontage to another. However, no more than two (2) signs niay be oriented to one :Street. Frontage as follows: one (1) ;Projecting„ Roof, or Wall Identification Sign and- one (1) - Ground, or Suspended Identification Sign. - - - - _ c) MAXIMUM SIGN AREA: 1. Awning: a. The area of any Awning graphic will be subtracted from the allowable Sign Area of the sign type chosen. b. If used as the primary business sign, the allowable Wall Sign Area applies. 2. Ground: Per Sign Chart A. 3. Porch: Six (6) square feet. 3. Suspended: 12 square feet. 4. Wall: a. 70 percent of tenant's Spandrel Panel height. b. 85 percent of tenant's Spandrel Panel width, with a 10 percent leeway allowance for architectural elements that may hinder sign visibility. c. Spandrel Panel on a glass building will be determined by separation details between the panes of glass and/or by floor levels. Signs on glass buildings may not obscure vision of tenants inside the building. d) MAXIMUM HEIGHT OF GROUND SIGN: Per Sign Chart A. e) LOCATION: 1. Awning: Shall be placed at an appropriate height over windows or doors for protection from the elements. 2. Ground: a. Minimum five (5) feet from the street right -of -way. b. Prohibited on residential structures that have been converted to commercial or office uses. 3. Porch & Suspended: May be utilized only on residential structures that have been converted to office or commercial uses. 4. Projecting: a. May be utilized only when the building on which it is to be established has a Front Yard with a depth of less than 15 feet. b. Shall be located a minimum of two (2) feet behind the curb. c. Shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground level. d. May not extend more than five (5) feet from the face of the building. 5. Roof & Wall: Prohibited on residential structures that have been converted to commercial or office uses. f) DESIGN: 1. Awning: a. Text and/or graphics may not exceed 12" high on the front valance of a fabric awning. b. Valances cannot exceed 14" in height. c. Text and or graphics may be placed on the top of the Awning for Identification or decoration. Section 25.07: Sign Ordinance — as adopted per Z -302; as amended per Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 453 -04; Z- 461 -04; Z- 470 -05; Z- 478 -05; Z- 486 -06; Z- 561 -12 Autumn 2012 vl Page 7 CITY OF CARMEL ZONING ORDINANCE 2. Wall sign: See Ch. 25.07.02 E -F. 3. All others: No restrictions. g) COPY: 1. Per definition of Identification sign. 2. Any permitted Ground Identification sign may include Changeable Copy not to exceed two- thirds (2/3) of the Sign Area. h) ILLUMINATION: Permitted. Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS, CARMEL, INDIANA No. 13020024 -25V HC Carmel, LLC FINDINGS OF FACT - APPEAL 1. The Petitioner has (NaP054 properly followed the Appeals Procedures outlined in Ordinance Z -160, Section 30.2, et seq. except as follows: 2. Nature of action appealed from: 2. Appealing the city statute, Ch. 25.07.02 -03 b) 1. That only allows one sign, facing the west ROW and having two signs instead of Agency: Carmel Board of Zoning Appeals. the allowcd one sign. Date of Agency Decision: Apri 1 22 , 2013 3. Attached copy of Ordinance or materials which is subject of Appeal as Petitioner because: 3. Need of one sign, monument, to help located ingress and egress and one sign, wall, to identify hotel brand. Ordinance attached. 4. The written materials submitted to the Board does support the Petitioner because: 4. The need for a sign, monument that has already been improved by the board, to help people find the entrance, due to the busy nature and the configuration of Michigan near there & sign to ID the hotel. 5. The Agency, Official, Board or Zoning District boundary should be affirmed. 5. To promote the addition of a fully renovated like new hotel to the commercial area to serve the residents of Carmel. 6. The work on the premises upon which appeal has been filed shall not be stayed because: 6. Work is nearly done except for the signage, landscaping and parking lot upgrade, pending the decision on this request. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Appeal 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 shall be listed on back. (Petitioner or his representative to sign). BZA Appeal Application - pg 10 rev. 01/2/2013