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HomeMy WebLinkAboutApplicationBoone, Rachel M. From: Boone; Rachel M. Sent: Wednesday, June 19, 2013 4:12 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: 'Granner, ' Steven', 'Calderon, Joseph'; 'Paul Jordan' Subject: Docket No. Assignment: (Variance) Popeye's Louisiana -Kitchen - Signage ( #13060006 -7 V) I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Popeye's Louisiana Kitchen - Signage. It will be the following: (0 Docket No. 13060000,V $627.50 Development Standards Variance Hearing Officer fee Docket No. 13060009 V $313.00 Development Standards Variance Hearing Officer fee Total ee: $940.50 (V) Popeye's Louisiana Kitchen - Signage The applicant seeks the following development standards variance approval: Docket No. 13060006 V Ch.25.07.02-03 b),1. Number of Signs (2 requested, 1 allowed) Docket No. 13060007 V Ch.25.07.02 -03 b):2. — Two signs facing one ROW (2 requested, 1 allowed) The site is located at 625 East Carmel Drive and is zoned B -8 /Business. It is not located within any overlay zone. Filed by. Steven B. Granner of Bose McKinney & Evans on behalf of the applicant, AFC Enterprises, Inc. d /b /a Popeye's Louisiana Kitchen. Petitioner, please note the following: 1. This Item will not be on an agenda ofthe Technical Advisory Committee. 2. Mailed and Published Public Notice, needs to occur no later than Friday; July 12. 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, July 19. Failure to submit Proof of Notice by this time:viill 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, July 12. Failure to submit Informational Packets by this time will result in the automatic tabling ofthe petition to the August 26, 2013.agenda of the BZA. 5. This Item will appear on the July 22, 2013 agenda of the Board of Zoning Appeals Hearing Officer under Public Hearings. 6. Thepetitioner will need to provide a fully filled -out Findings- of- Factssheet 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 August 26, 2013 meeting. 8. Sign permit. and Administrative ADLS Amendment approval will also be required. 9. PETITIONER: referto you'r'instruction sheet for more details. Mr. Granner can be contacted at 317- 684 -5304. Department's Review Comments; 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,Noblesville Times newspaper by 11 AM, two days prior to the public notice deadline (765-365 - 2316 or email: legalsAthetimes24- 7.com). 2. Please make checks payable to the City of Carmel. 1 3 Public, notice requirements please provide the following: a) .Filled out and notarized placement of public notice sign affidavit. b) Proof of notice from the Noblesville Times. c) Green signed return receipts. 4. Please provide updated photos of the building, if the renovations are under way. Thank you. Rachel/Bo-one/ 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 • 'CITY OF CARMEL - BOARD OF ZONING APPEALS ca APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE? , e\9 co pEce JUN - 7 2013 FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 foreach additional se'cf ordinance. being varied. All Other $1,197 for the first variance, plus`$565 for each additio altsection of t ordinance being varied. '.Or, see Hearing Officer Option & Fees. 11-0 (.0 (`/ ry V % DATE RECEIVED: DOCKET NO. 1) Applicant: AFC Enterprises, Inc.: d /b /a Popeye's Louisiana Kitchen - , ( -- 1 -W -1 Address: 5555 Glenridge Connector, NE, Suite 300, Atlanta, GA :30342 Project Name: Popeye's Louisiana Kitchen Engineer /Architect: N/A Phone: N/A Phone: N/A Attorney: Joseph D. Calderon 1 Phone:- 317- 684 =5331 Contact Person: Steven B'Granner Phone:_ 3'17 684 -5304 Email: sgranner @boselaw.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property X (b) The applicant is the contract purchaser of the property. (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: NRW Corp. Owner's address: 3406 Eden Hollow, Carmel, IN 46032 5) Record of Ownership: Deed Book No. /Instrument No. N/A Page: N/A Purchase date: N/A Common address of the property,involved: 625 E. Carmel Drive 2365925v1 Phone: 317 - 846 -1806 Legal description:. (See Attached) Tax Map Parcel No :' 16- 1'0- 31- 00 -00- 017.001 State explanation of requested Development Standards Variance: (State what you want to do and cite the section;number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). Ch. 25.07.02 -03 b) 1. - Number of Signs Ch. 25.07.02 -63 b) 2. - Two (2) Signs Facing One (1) ROW State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance "). The combined area of the two signs is 19.16'''sq. ft.' less than the 120. sq. .ft. that is allowed for the permitted wall sign. 9) Present zoning classification of the property: B'$ 10;) Size -of lot/parcel in question: 0.87 acres 11) Present use of the property:. Vacant.commercial building ' s Louisiana e 12) Describe the proposed Use of the, property: Po p Y lEitchen, with drive -thru 13) Is the property: Owner occupied Renter occupied Other X 14) Are there any restrictions, Taws, covenants, variances, special uses, orappeals 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, 13030008 ADLS, Amend. 15) Has work for which thisapplication is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is gran ted, when will the work commence? ASAP 17) If the, proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Applicant NOTE: LEGAL NOTICE shallbe published in -the Noblesville Tines 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 alradjoining 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 Depart ent of Communitv,Services. r Applicant Signature: .4t j J / r GI v A P {/7 !'r 4,, �/1, 1 r Date: June 6, 2013 (---- .i T The applicant certifies b .nIf this application that he /she has beenaadvised that all representations of the Department of Community Services arr ..vi. • only and that the applicant should rely' on appropriate subdivision and zoning ordinance and /or the legal advice of'his /her attorney. 2365925v1 ;#. SCHEDULE C Commitment No.: NCS-587082-CHI2 Legal Description: PART OF THESOUTH HALEOF SECTION 31, TOWNSHIP 18 'NORTH, RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF'SAID SECTION 31; THENCE NORTH 1°04'45" WEST ALONG THEMEST UNE OF SAID SECTION 1752.85 FEET TO THE INTERSECTION OF THE CENTERUNE OF WESTFIELD BLVD. WITH'THE CENTERLINE OF CARMEL DRIVE; 11-IENCE NORTH 89°55' EAST ALONG THE CENTERLINE OF SAID CARMEL DRIVE 600.00 FEET TO THE P.C. OF ,A CURVE; THENCE ALONG SAID CENTERLINE NORTHEASTERLY 400 FEET ALONG AN TO THE LEFT HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A BEARING OF NORTH 79°55' EAST AND A LENGTH OF 397.97 FEET TO THE RT. OF SAID CURVE; THENCE NORTH 69°55 EAST ALONG SAID CENTERLINE, 238.51 FEET TO THE P.0 OF A CURVE; THENCE ALONG SAID CENTERUNE, NORTHEASTERLY 400 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A BEARING OF NORTH 79°55' EAST AND A LENGTH OF 397.97 FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 89°55' EAST ALONG SAID CENTERLINE, 1375.85 FEET TO THE POINT OF BEGINNING OF'TFIIS DESCRIPTION WHICH POINT IS SOUTH 89°55' WEST 375.00 FEET FROM THE INTERSECTION OF 1HE CENTERLINE OF KEYSTONE WAY WITH THE CENTERUNE OF SAID CARMEL DFtIVE; THENCE NORTH 89°55' EAST ALONG SAID CENTERLINE OF CARMEL DRIVE, 130.00 FEET; THENCE SOUTH 00°05' EAST 290.00 FEET; THENCE SOUTH 89°55' WEST PARALLEL WITH SAID CENTERLINE OF CARMEL DRIVE, 130.00 FEET; THENCE NORTH 00°05' WEST 290.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.866 ACRES, MORE OR LESS.