HomeMy WebLinkAboutApplication • •
Boone, Rachel M.
From: Boone, Rachel M.
Sent: Friday, December 02, 2011 10:21 AM
To: Blanchard, Jim E; Conn, Angelina V; Donahue-Wold, Alexia K; Hancock, Ramona B;
Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham,
Daren; Stewart, Lisa M; Tingley, Connie S
Cc: 'Darnella Decot'
Subject: Docket No. Assignment: (Variance)J. Razzo's-Signage (#11120001-2 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for(V) J. Razzo's-
Signage.
They will be the following:
Docket No. 11120001 V $607.00 Development Standards Variance Hearing Officer fee
Docket No. 11120002 V $303.00 Development Standards Variance Hearing Officer
additional fee
Total Fee: $910.00
(V)J. Razzo's—Signage
The applicant seeks the following development standards variance approvals:
Docket No. 11120001 V Ch.25.07.02-09 B—Number of signs (2 proposed, 1 allowed)
Docket No. 11120002 V Ch.25.07.02-09 B—Two signs facing public right-of-way: west (2 proposed, 1
allowed)
The site is located at 12501 N. Meridian St. and is zoned B-2 within the US 31 Overlay Zone.
Filed by Darnella Decot of Kite Realty on behalf of J. Razzo's.
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 Friday, January 13, 2012. Published notice is
required within the Indianapolis Star. 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, January 20. 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, January 13. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the February 27, 2012 agenda of the BZA.
5. This Item will appear on the Tuesday, January 24, 2012 agenda of the Board of Zoning Appeals Hearing
Officer under Public Hearings.
6. 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.
7. 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 February 27, 2012 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Ms. Decot can be contacted at 317-713-5659.
Department's Review Comments; petitioner, please complete the following:
1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or
email:publicnotices(c indystar.com).
2. Please make checks payable to the City of Carmel.
3. Please provide filled out and notarized placement of public notice sign affidavit.
4. Please provide proof of notice from the Indy Star.
5. Please provide green signed return receipts.
1
• •
Thank you.
Rachel/Boone/
Sign Permit Specialist
City of Carmel
Department of Community Services
3rd Floor
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
htto://www.ci.carmel.in.us/services/communityservice.html
Please consider the environment before printing this e-mail
2
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.: 7'!
CITY OF CARMEL- BOARD OF ZONING APPEALS @�� ?
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
tv „rib: 8- g cjv
FEES: Single Family(Primary Residence) $291.90 for the first variance, plus $89.90 for -w' addi 1�� ct f.�kt:
the ordinance being varied. All Other$1,156.50 for the first variance, plus $546.40} each a••it�ot'ia1Ul i
section of the ordinance being varied. Or, see Hearing Officer Fees. tQCS
co
DOCKET NO. 'I I I !. 0 0 1 1 D /
? DATE RECEIVED:
/11111.11 6 L
1) Applicant: KRG Hamilton Crossinq, LLC 01 y
Address: 30 South Meridian Street, Suite 1100, Indpls. In 46204
2) Project Name: J. Razzo' s Italian Restaurant Phone:
Engineer/Architect: N/A Phone:
Attorney: N/A Phone:
Contact Person: Darne l l a Decot phone: 317-713-5659
Email: ddecot@kiterealty.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. 200400059877
Page: Purchase date: August, 25, 2004
6) Common address of the property involved: 12 501 North Meridian Street, Carmel IN
Legal description: see attached
Tax Map Parcel No.: 16-09-26-00-00-016 . 002
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).
Additional wall for restaurant tenant at Hamilton Crossing. Variance
required from the Amended & Restated Sign Program for Hamilton Crossing
retail & commercial area dated May 4, 2011.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
.• • !
sheet entitled"Findings of Fact-Development Standards Variance").
Hardship created due to unique position of tenant within the
shopping center.
9) Present zoning classification of the property: B-2
10) Size of lot/parcel in question: 16-6 4 0 acres
11) Present use of the property: Retail Shopping Center
12) Describe the proposed use of the property: Retail Shopping Center
13) Is the property: Owner occupied Renter occupied X 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. Yes
Docket 11040010-11
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?
Upon Approval
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
J. Razzo' s
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
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 supoortina information has been
submitted to the De•a , =nt of Co muni Servi : .
Applicant Signature: _ L.... Date:
The applicant certifies b • ing this application,I'at he/she has been advised that all representations of the Department of
Community Services are .• sory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/he - •rney.
I •
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.
Signed: ��. 311 III
( perty Owner, Att ey, or Power of Attorney) Date
I-,6.. Moiler
(Please Print)
STATE OF INDIANA
SS:
County of arl OY\ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for (`()U'ri Oli County, State of Indiana, personally appeared
(Notary Public's county of residence)
J. Chn s Ivl id l oGi and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorne , or Power of Attorney)
I ST
day of OLtgL , 20 11
CARMEN N. THOMPSON Notary Public--Signature
NOTARY PUBLIC, STATE OF INDIANA
(SEAL)COUNTY OF MARION
COMMISSION NO..564613 earme-n NI• .hampav-)
EXPIRES APRIL 22,;2015
Notary Public--Please Print
My commission expires: AP ' 1 2-2,20 i 6
Page 6 of 11- filename:development standards variance 2011.doc rev.12282010
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EXHIBIT A
Legal Description of Shopping Center
A part of the Southwest Quarter of Section 26 and a part of the Northwest Quarter of Section 35,
both in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows:
BEGINNING at a point on the west 45 foot right-of-way line of Pennsylvania Street, said point
being South 89 degrees 51 minutes 11 seconds West 45.00 feet from the northeast corner of the
Northwest Quarter of said Section 35 (the northeast corner of said Northwest Quarter bears
North 00 degrees 07 minutes 31 seconds West 2,621.01 feet from the railroad spike found at the
southeast corner of said quarter section); thence South 00 degrees 07 minutes 31 seconds East
695.72 feet along said right-of-way line, parallel with the east line of said Northwest Quarter, to
the northeast corner of the parcel of land known at the Hotel parcel;thence North 90 degrees 00
minutes 00 seconds West 284.09 feet along the north line of said Hotel parcel to the east line of
the parcel of land known as the Restaurant Parcel; thence South 00 degrees 00 minutes 00
seconds West 46.53 feet along said east line; thence North 90 degrees 00 minutes West 27.99
feet; thence South 00 degrees 00 minutes 00 seconds West 245.29 feet to the southeast corner of
said Restaurant Parcel; thence South 88 degrees 46 minutes 31 minutes West 226.41 feet to the
east right-of-way line of U.S. 31;thence North 00 degrees 03 minutes 57 seconds West 1,192.83
feet to the south right-of-way line of 126th Street; thence North 89 degrees 54 minutes 47
seconds East 537.69 feet along said south right-of-way line to the west 45 foot right-of-way line
of Pennsylvania Street; thence South 00 degrees 10 minutes 07 seconds East 201.26 feet along
said right-of-way line to the POINT OF BEGINNING and containing 12.640 acres,more or less.
The bearings in this description are based upon the east line of the Northwest Quarter of Section
35 having a bearing of North 00 degrees 07 minutes 31 seconds West.
• .004.00059877
' Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
08- 5-2004 At 01:03 pm.
n1 R � LIMITED WARRANTY DEED WARR DEED 26.00 0- THIS INDENTURE WITNES SETH, that DUKE REALTY LIMITED
PARTNERSHIP, an Indiana limited partnership f/k/a Duke-Weeks Realty Limited
Partnership ("Grantor"), CONVEYS AND SPECIALLY WARRANTS to KRG
HAMILTON CROSSING, LLC a(n) r1 d '11 \,(k. limited liability company ys 9 %Q 11.12
("Grantee") for the sum of Ten Dollars ($10.00) and other good and valuabl�el �nif
consideration, the receipt of which are hereby acknowledged, certain real estate and ql,, ��.
improvements located thereon located in Hamilton County, Indiana, as more specifi ally CO 0' 1r
attached Exhibit A (the "Property"), subject to the items set forth o' he 29 20 's
described in the a ( �.,, �Q� 'c
attached Exhibit B. 1• DUOS `�
0,
TO HAVE AND TO HOLD said Property to the said Grantee and Grantee's,, y
successors and assigns forever. Grantor, for itself and its successors and assigns, o' '1 IL 04 6
covenants with Grantee, and its successors and assigns, that the premises hereby
conveyed are free from all encumbrances made or suffered by it except as aforesaid, and
that it will, and that its successors and assigns shall, warrant and defend the same to the
said Grantee and its successors and assigns against the lawful claims and demands of all
persons claiming by, through or under Grantor, but against none other.
The undersigned person executing this deed on behalf of Grantor represents and
certifies that he/she is fully empowered, to execute and deliver this deed; that Grantor has
full capacity to convey the Property; and that all necessary partnership action for the
making of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be
executed this IR day of August, 2004.
DUKE REALTY LIMITED
DULY ENTERED FOR TAXATION 3 PARTNERSHIP, an Indiana limited
p Subject to final acceptance for transfer partnership
25 day of U uST ' 20D32. By: Duke Realty Corporation, an Indiana
de Auditor of Hamilton county corporation sole general partner
Parcel I cP-OFi-2(.2"�'00`° 2
By: ( Ai`r,�'2 ( +r�. s / u;
�� (� 35-00-0o-067.0w y Nicholas C.Anthony
�v � (�Q�� Name: vice President,
10—Oct- 35-00- 0""'000 Title: Acquisitions/Dispositions
i(t-09—35-0 -0o- 00.00o
K -D 1 -OO-o 0-010.02)X1
IQ-01-.35-00-00-0104U
• •
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
dl/o� S C. )1tii'(O/) by by f`� ,fiesiasti,,
/�-. , b me known and b me known to be the �cn u rsrioNS/h�Oos. of
Duke Realty Corporation, an Indiana corporation, the sole general partner of Duke Realty
Limited Partnership, an Indiana limited partnership, who acknowledged the execution of
the foregoing on behalf of said partnership.
WITNESS my hand and Notarial Seal this 11 day of August, 2004.
tol/ /0
NotaIy
(Printed Signature)
Nancy Kaye Moore,Notary .,.. ,,,
My Commission Expires:
My Commission Expires:June 13,2007
My County of Residence: My County of Residence:Marion
This instrument was prepared by:
John Girod, Corporate Attorney
Duke Realty Corporation
600 E. 96th Street, Suite 100
Indianapolis,IN 46240
After recording return to: First American Title Insurance Company, 251 E. Ohio Street,
Suite 555, Indianapolis, IN 46204
Send tax bills to: Director of Asset Management
30 S. Meridian Street
Suite 1100
Indianapolis, IN 46204
Fax No. (317) 577-7879
• •
Exhibit A
Legal Description
Legal Description: Part of the Southwest Quarter of Section 26 and part of the Northwest
Quarter of Section 35 all in Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows: Commencing at the Northeast corner of
said Northwest Quarter Section; thence along the North line thereof South 88 degrees 59
minutes 30 seconds West (assumed bearing) 35.00 feet to a point on the Westerly right of
way line of Pennsylvania Street, the Dedication of Public Right of Way of which was
recorded December 9, 1986 in Book 4 on pages 697 thru 701 in the Office of the
Recorder of Hamilton County, Indiana, which said point is the Point of Beginning (the
next two courses are along said right of way dedication); (1) thence parallel with the East
line of said Northwest Quarter Section, South 00 degrees 07 minutes 31 seconds East
328.27 feet; (2) thence North 88 degrees 59 minutes 30 seconds East 35.00 feet to a point
on the East line of said Northwest Quarter Section; thence along said East line South 00
degrees 07 minutes 31 seconds East 651.74 feet to a point which bears North 00 degrees
07 minutes 31 seconds West 1641.00 feet from the Southeast corner of said Northwest
Quarter Section; thence parallel with the South line of said Northwest Quarter Section,
South 88 degrees 46 minutes 31 seconds West 584.19 feet to a point on the Easterly right
of way line of U.S. Highway#31 (line "K" for I.S.H.C. Project ST-F-222(9)DTD 1973);
thence along said right of way line North 00 degrees 03 minutes 57 seconds West
1192.83 feet to a point on the Southerly right of line of 126th Street, the dedication of
public right of way of which was recorded December 9, 1986 in Book 4 on pages 697
thru 701 in said Recorder's Office; thence along said Southerly right of way line North 89
degrees 54 minutes 47 seconds East 547.69 feet to a point on the Westerly right-of-way
line of said Pennsylvania Street; thence along said Westerly right of way line South 00
degrees 10 minutes 07 seconds East 201.78 feet to the Point of Beginning, containing
15.474 acres, more or less.
Excepting however
A part of the Southwest Quarter of Section 26 and a part of the Northwest Quarter of
Section 35, all in Township 18 North, Range 3 East,Hamilton County, Indiana, described
as follows: Commencing at the northeast corner of the Northwest Quarter of said Section
35; thence South 88 degrees 59 minutes 30 seconds West 35.00 feet to the west 35-foot
right of way line of Pennsylvania Street as described in the deed to the City of Cannel
Recorded in Book 4,page 697 in the Office of the Recorder of Hamilton County and the
POINT OF BEGINNING of this description; thence South 00 degrees 07 minutes 31
seconds East 328.27 feet along said west 35-foot right-of-way line to a northern line of
the land described in the deed to Duke Realty Limited partnership, recorded in Instrument
number 95-1297 in said Recorder's office; thence North 88 degrees 59 minutes 30
seconds East 35.00 feet along said northern line to the east line of the Northwest Quarter
of said Section 35; thence South 00 degrees 07 minutes 31 seconds East 651.74 feet along
said east line to the southern line of said Duke Realty Limited Partnership land; thence
South 88 degrees 46 minuets 31 seconds West 45.01 feet along said southern line; thence
North 00 degrees 07 minutes 31 seconds West 980.86 feet along a line 45.00 feet west of
and parallel with the east line of said quarter section; thence North 00 degrees 10 minutes
•
• •
07 seconds West 201.26 feet along a line 10.00 feet west of and parallel with the west 35-
foot right-of-way line of said Pennsylvania Street to the northern line of said Duke Realty
Limited Partnership land; thence North 89 degrees 54 minutes 47 seconds East 10.00 feet
along said northern line to the west 35-foot right-of-way line of said Pennsylvania Street;
thence South 00 degrees 10 minutes 07 seconds East 201.78 feet along said west line to •
the point of beginning and containing 0.795 acres, more or less. The bearings in this
description are based upon the east line of the Northwest Quarter of Section 35 having a
bearing of South 00 degrees 07 minutes 31 seconds East.
ALSO EXCEPTING
A part of the Northwest Quarter of Section 35, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the northeast corner of
said quarter section; thence South 00 degrees 07 minutes 31 seconds East 980.01 feet to
the southeast corner of Parcel 1 as described in the deed to Duke Realty Limited
Partnership, recorded in Instrument No. 95-1297, in the Office of the Recorder of
Hamilton County, said corner being North 00 degrees 07 minutes 31 seconds West
1,641.00 feet from the southeast corner of said quarter section; thence South 88 degrees
46 minutes 31 seconds West 129.71 feet along the south line of said Parcel 1 to the
POINT OF BEGINNING of this description: thence south 88 degrees 46 minutes 31
seconds West 228.07 feet along said south line; thence North 00 degrees 00 minutes 00
seconds East 245.29 feet; thence South 90 degrees 00 minutes 00 seconds East 27.99 feet;
thence North 00 degrees 00 minutes 00 seconds East 46.53 feet; thence South 90 degrees
00 minutes 00 seconds East 284.09 feet to a point on the proposed west right-of-way line
of Pennsylvania Street which is 45.00 feet west of the east line of said quarter section;
thence South 00 degrees 07 minutes 31 seconds East 184.95 feet along said proposed
right-of-way line; thence Southwesterly 141.31 feet along an arc to the left and having a
radius of 114.00 feet and subtended by a long chord having a bearing of South 39 degrees
37 minutes 35 seconds West and a length of 132.44 feet to the POINT OF BEGINNING
and containing 1.898 acres, more or less. The bearings in this description are based upon
the east line of the Northwest Quarter of Section 35 having a bearing of North 00 degrees
07 minutes 31 seconds West.
i
• •
•
Exhibit"B"
Permitted Exceptions
1. Liens for taxes for the 2nd half of 2003 which are not yet due and payable and future
years.
2. Rights of the public,the State of Indiana and the municipality in and to that part of the
land, if any,taken or used for 126th Street and Pennsylvania Street, including utility
rights of way.As shown on a survey prepared by Woolpert LLP, as Project No.
62839,dated June 29, 2004 and last revised August 10,2004 (the "Survey").
3. Easement in favor of: Indiana Bell Telephone Company, Incorporated Type of easement:
Utility Recorded: October 29, 1973 Deed Record: 270,page 181, as shown on the survey
Subject to the terms and conditions thereof.
4. Easement in favor of: Indiana Bell Telephone Company, Incorporated Type of easement:
Utility Recorded: January 30, 1975 Deed Record: 279,page 396, as shown on the survey
Subject to the terms and conditions thereof.
5. Easement in favor of: Indianapolis Water Company, an Indiana Corporation Type of
easement: Utility Recorded: January 7, 1985 Easement Record: 2,page 328, as shown on
the survey Subject to the terms and conditions thereof.
6. Subject to the terms and provisions of a Real Estate Covenant dated August 15, 1981 and
recorded September 9, 1981 in Miscellaneous Record 166,page 545 as Instrument No.
272523 as shown on the survey .
7. Easement in favor of: Town of Carmel, Indiana Type of easement: Utility Recorded: May
14, 1971 Deed Record: 244,page 141, Subject to the terms and conditions thereof.
8. Subject to the terms and provisions of a Nonexclusive Drainage Easement Agreement
dated August 30, 1991 and recorded October 7, 1992 as Instrument No. 92-39206.
9. Subject to the terms and provisions of Covenants Running with the Land, dated July 13,
1984 and recorded July 27, 1984 in Miscellaneous Record 179,page 523.
10. Easement in favor of Indianapolis Water Company, an Indiana Corporation,Type of
Easement: Utility, Recorded May 17, 1999, Instrument No.: 99-29602 as shown on the
survey Subject to the terms and conditions thereof.
11. Subject to the terms and provisions of a Declaration of Maintenance Obligation, dated
June 11, 1999 and recorded June 10, 1999 as Instrument No. 99-34941 as shown on the
survey.
. . •
12. Easement in favor of: City of Carmel Type of easement: Utility Recorded: December 20,
1999 Instrument No.: 99-72494, As shown on "The Survey": Subject to the terms and
conditions thereof.
13. Subject to the terms and provisions of a Limited Access Fence Removal Covenant, dated
February 15, 1999 and recorded June 29, 2000 as Instrument No. 2000-31806.
14. Subject to the terms and provisions of a Declaration of Access,Drainage, Signage and
Parking Easement, dated February 2, 2001 and recorded February 7,2001 as Instrument
No. 2001-5902 as shown on the survey.
15. First Corrective Amendment to Declaration of Access,Drainage, Signage and Parking
Easement, recorded April 29, 2004 as Instrument No. 2004-27997 as shown on the
survey .
16. Subject to the terms and provisions of Declaration of Covenants and Restrictions,by and
between North Meridian Carmel Hotel, L.P., an Indiana limited partnership and Duke
Realty Limited Partnership,an Indiana limited partnership,recorded April 29, 2004 as
Instrument No. 2004-27999.
17. Commitments concerning the use and development of real estate made in connection with
• a rezoning of property or plan approval recorded July 7, 1989 as Instrument No. 89-
14190.
18. Commitments concerning the use and development of real estate made in connection with
a rezoning of property or plan approval recorded March 31, 1999 as Instrument No. 99-
19383.
19. Subject to the terms and conditions of a Memorandum of Lease by and between Office
Depot,Inc., a Delaware Corporation and Duke-Weeks Realty Limited Partnership, an
Indiana limited partnership,as successor in interest to Duke Realty Limited Partnership,
an Indiana limited partnership, dated October 14, 1999 and recorded November 17, 1999
as Instrument No. 99-67146.
20. Subject to the terms and conditions of a Memorandum of Lease by and between Duke-
Weeks Realty Limited Partnership, an Indiana limited partnership and Roberts
Distributors Inc., an Indiana Corporation, dated March 31, 2000 and recorded April 18,
2000 as Instrument No. 2000-18544.
21. Subject to the terms and conditions of a Memorandum of Lease by and between Duke-
Weeks Realty Limited Partnership, an Indiana limited partnership and Hollywood
Entertainment Corporation,an Oregon Corporation, dated July 28, 1999 and recorded
February 17, 2000 as Instrument No. 2000-7520.
• •
• 22. A financing statement recorded March 31, 2000 as Instrument No. 2000000100708 of
Official Records.
a. Debtor: Hollywood Entertainment Corporation/Hollywood
Video
b. Secured party: Keycorp Leasing
23. Rights of tenants now in possession of the land under unrecorded leases or otherwise.
24. Minimum standard detail survey prepared by Woolpert LLP, as Project No. 62539, as
Project/Job No.62839, dated June 29, 2004 and revised July 21, 2004, discloses the
following title matters:
a. Exceptions 22, 24,25, 26,27, 28, 30, 33, 35, 38, 39,42 of Schedule B-II as shown on
survey.
b. Fence located on the West side of the land does not coincide with the property lines of
the land.
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EcEIVEj
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
NOV 2 ���
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: w
4
Petitioner: KRG Hamilton Crossing, LLC `[ Ol 6 9 Lg�
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 not impede traffic or life safety and does contain
inappropriate language.
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:
Tenant name does not indicate the use of the premises . Therefore
additional signage is needed to notify potential customers .
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 request is only for additional signage .
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 of 11- filename:development standards variance 2011.doc rev.12282010
• •
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLAY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 2 6th day of
September , 20 11 at 6 p.m. in the City Council Chambers, 2nd
floor of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Use Variance
application to allow
One additional Wall Sign
Additional wall sign for restaurant tenant at Hamilton Crossing.
Variance required from the Amended and Restated sign program for
Hamilton Crossing retail and commercial area dated May 4 , 2011 .
With the property being known as (address) G-t.,S�
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
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.
PETITIONERS
Page 7 of 9 — filename: use variance application 2011.doc rev.12282010
1 72
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING ECE\VEf
29 2011
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS ry
I (WE) DOGS Gs)
J.
DO HEREBY CERTIFY °T NOTICE OF
(petitioners Name) '� �c>
PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING DOCKET`Ipe�6 es L
, was registered and mailed at least twenty-five(25)*days prior to the date of the public
hearing to the below listed adjacent property owners:
OWNER ADDRESS
STATE OF INDIANA
SS:
The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is
informed and believes.
S' nature of Petitions
County of I curl iOn Before me the undersigned, a Notary Public
(County in which notarization takes place)
for curl Or) County, State of Indiana, personally appeared
(Notary�Public's county of residence)
J.Chn;� MU lotii and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney) h
�ST day of { 1LICiLI,�1 , 20 11
J ∎&∎-rY AM at
„A: J-
Notary Public--Signature
(SL4fiMEN N. THOMPSON
NOTARY PUBLIC, STATE OF INDIANA c0.lrn 11 N, 1QIYl0S(JYl
COUNTY OF MARION Notary Public--Please Print\
COMMISSION NO. 564613
EXPIRES APRIL 22, 2015 My commission expires: , 221 OI r'J
10 days prior notice for a BZA Hearing Officer Meeting
Page 8 of 11- filename:development standards variance 2011.doc rev.12/28/2010