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Boone, Rachel M.
From: Boone, Rachel M.
Sent: Thursday, February 28, 2013 5:53 PM
To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Donahue-Wold, Alexia K; Duncan,
Gary R; Foley, Amanda J; 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; Motz, Lisa; Passineau, Nichole M; Redden, Nick; Stewart, Lisa M;
Thomas, John G; Tingley, Connie S; Worthley, Matthew D
Cc: 'Ochs, Timothy'; 'Buzz Weisiger'; 'Jim Adams'; 'Fetahagic, Alen'; mike @balayarchitects.com;
'Taylor, Andy'
Subject: Docket No. Assignment: (DSV) Butler Hyundai -Signage (#13020026, 27, 28 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for(V) Butler Hyundai
-Signage. They will be the following:
Docket No. 13020026 V $1,197.00 Development Standards Variance fee
Docket No. 13020027 V $565.00 Development Standards Variance additional fee
Docket No. 13020028 V $565.00 Development Standards Variance additional fee
Total Fee: $2,327.00
(V) Butler Hyundai—Signage
The applicant seeks the following development standards variance approvals:
Docket No. 13020026 V Ch. 25.07.02-03 b) 1. Number of signs(6 proposed, 2 allowed)
Docket No. 13020027 V Ch. 25.07.02-03 b)3. Number of signs facing south ROW(4 proposed, 1 allowed)
Docket No. 13020028 V Ch. 25.07.02-03 b) 1. Number of signs facing east ROW(2 proposed, 1 allowed)
The site is located at 4200 E.96th St. It is zoned B-3 and is not located within any Overlay Zone.
Filed by Timothy E. Ochs of Ice Miller on behalf of 4148 96th St., 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, March 28th. 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, Friday,April 19th
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,April 12th. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the Tuesday, May 28th, 2013 agenda of the BZA.
5. Please include the following in your packet (stapled):
A. Pages 1-2 of your Variance application
B. Page 9—Findings of Fact (ballot sheet—left blank except for Docket No. & Petitioner)
C. Page 10—Findings of Fact(question sheet filled out)
D. Statement of Variance (explaining what you are asking for)
E. Statement of Support (explaining why you should have this variance)
F. Site plan showing where the signs will go on the property
G. Illustration showing what the signs will look like on the building or site
H. Color drawing of the signs showing:
1) Height from the ground to bottom of wall sign
2) Overall height of a ground sign
3) Spandrel panel/sign band area dimensions
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4) Sign face color
5) Sign return and trim cap color
6) Sign sizes with dimensions
7) Lighting style and type
8) How the sign will be installed to the building face (flush or on a raceway)
I. Photos of any existing signs on the building for comparison
J. Landscape plan (or photo of existing landscape bed)
6. This Item will appear on the April 22"d,2013 agenda of the Board of Zoning Appeals under Public Hearings.
7. 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.
8. 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, May 28th, 2013 meeting.
9. PETITIONER: refer to your instruction sheet for more details.
Mr. Ochs can be contacted at 317-236-5952.
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:
legals@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.
Ra:chel/Boon&
Planning Administrator
City of Carmel
Department of Community Services- 3rd Floor
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
Carmel Dept. of Community Services
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CITY OF CARMEL- BOARD OF ZONING APPEALS F '' 2�'201
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
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FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional��on 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. I -.. (:)7/0-1)-7- °` l 2i j 2� 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 Phone: 317-236-5952
Email: timothy.ochs @icemiller.com
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 the property involved:
Owner's address: Phone:
5) Record of Ownership:
Deed Book No./Instrument No. 2012-78643
Page: Purchase date: December 10, 2012
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).
r�I).v Applicant requests the following iance of development standards to allow for(i)six(6)signs on th rty
(Chapter 25.07.02-03b); (ii)fo signs facing south right-of-way(Chapter 25.07-02-03b); and(i. )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 by
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.
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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 Departmen • om,uunity Servjc--.
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Applicant Signature: Date:
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The applicant certifies by signing this ap• :tion that he/she has been advised that all representations of the Department of
Community Services are advisory only -r; that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
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CARMELJCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE
Docket No.:
Petitioner: 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.
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:
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.
Page 10 - filename:development standards variance 2013.docx rev.1/2/2013
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