HomeMy WebLinkAboutPacket 05-28-13ICEiILL€RLP
LEGAL COUNSEL
Metropolitan Development Commission
May 28, 2013
13020026, 27, 28 V
4148 96th St, LLC
Timothy E. Ochs, Esq.
ICE MILLER LLP
Attorney for Petitioner
One American Square 1 Suite 2900 1 Indianapolis, IN 46282 -0200 1 P 317- 236 -2100 1 F 317 - 236 -2219
INDIANAPOLIS 1 CHICAGO 1 NAPERVILLE 1 WASHINGTON D.0 www icemiller.com
IC€iILL€RLP
LEGAL COUNSEL
Carmel /Clay Board of Zoning Appeals
May 28, 2013
13020026, 27, 28 V
4148 96th St LLC
TABLE OF CONTENTS
1. Application for Development Standards Variance
2. Site Plan
3. Color Rendering
4. North and South Elevations
5. East and West Elevations
6. Signage
7. Landscape Plan
8. Findings of Fact
9. Ballot Sheet
One American Square I Suite 2900 I Indianapolis, IN 46282 -0200 I P 317 - 236 -2100 I F 317 - 236 -2219
INDIANAPOLIS I CHICAGO I NAPERVILLE I WASHINGTON D.G.
3233964 www.icemiller com
CITY OF CARMEL - BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of the
ordinance being varied. All Other $1,197 for the first variance, plus $565 for each additional section of the
ordinance being varied. Or, see Hearing Officer Option & Fees.
DOCKET NO. 13020026, 27, 28 V DATE RECEIVED:
1) Applicant: 4148 96th St, LLC
Address:
Approximately 4200 East 96th Street
2) Project Name: Butler Hyundai Phone:
Engineer /Architect: Phone:
Attorney: Timothy E. Ochs Phone: 317 - 236 -5952
Contact Person: Timothy F Ochs
Email: timothy.ochs@o icemiller.com
Phone: 317 -236 -5952
3) Applicants 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 the property involved:
Owner's address: Phone:
5) Record of Ownership:
Deed Book No /Instrument No. 2012 -78643
December 10, 2012
Page: Purchase date:
6) Common address of the property involved: Approximately 4200 East 96th Street
Legal description: See attached legal description
Tax Map Parcel No 16- 14- 08- 00- 00- 018.001
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).
Applicant requests the following variance of development standards to allow for (i) six (6) signs on the property
(Chapter 25.07.02 -03b); (ii) four (4) signs facing south right -of -way (Chapter 25.07- 02 -03b); and (iii) two (2) signs facing
east right -of -way (Chapter 25.07- 02 -03b). Two signs are permitted.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact - Development Standards Variance "). (i) The proposed signage is consistent with the
surrounding automobile dealership on the northside of 96th Street; (ii) the total square footage of the proposed signs does not
exceed the total square footage allowed and (iii) the additional signage being requested is related to service provided key
by the dealership, not relating to the advertising of the dealership, the signage for service is for directional purposes for customers
entering and exiting the site.
9) Present zoning classification of the property: B -3
10) Size of lot/parcel in question: 9732 acres
11) Present use of the property: Vacant in process of Development Plan approval
12) Describe the proposed use of the property: Hyundai Automobile Dealership
13) Is the property: Owner occupied X 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. No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Within 12 months.
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Butler Hyundai
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 NOT ICES 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: Date:
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.
Butler Hyundai
Signage Package
96`" Street & Randall Drive
For City of Carmel ADLS Review
TABLE OF CONTENTS
1. TITLE PAGE
2. HYUNDAI SIGNAGE ON BLUE ACM (PHOTO)
3. "BLUE BOX" ARCHITECTURAL ELEMENTS
4. HYUNDAI ENTRANCE GATEWAY (PHOTO)
5. GATEWAY ARCHITECTURAL ELEMENTS
6. HYUNDAI LOGO & SERVICE SIGN (PHOTO)
7. SERVICE BLUE CHANNEL LETTERS
8. DEALER NAME BLUE CHANNEL LETTERS
9. GROUND SIGN (CUSTOM HM -22)
10. DIRECTIONAL SIGN SITE PLAN
11. CUSTOM 3 SQ.FT. DIRECTIONAL SIGN
12. CUSTOM 3 SQ.FT. DIRECTIONAL SIGN
13. CUSTOM 3 SQ.FT. DIRECTIONAL SIGN
Butler Hyundai, Carmel, Indiana 1 Updated 01/30/2013
Docket No
Petitioner:
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
13020026. 27, 28 V
4148 96th St, 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 signs are aesthetically pleasing and will not interfere with vehicular or pedestrian traffic.
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:
Signage in this area is prevalent since the surrounding area is mainly commercial, with various types of signage, which
will not have an substantially adverse impact on adjacent 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:
Vehicle and pedestrian traffic need to be alerted to the use of the property with the requested signage. The additional
signage being requested is for information purposes relating automobile dealership with number of cars entering and exiting
the site for various purposes
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.
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