HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Tuesday, August 20, 2013 4:27 PM
To: Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue-Wold,
Alexia K; Duncan, Gary R; Foley, Amanda J; 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; Redden, Nick; Stewart, Lisa M; Thomas, John G;
Tingley, Connie S; Worthley, Matthew D
Cc: 'preis @kdlegal.com'; 'Kevin G. Buchheit, AICP'
Subject: Docket No. Assignment: (Variance)American Specialty Health - Signage (#13080011 V)
I have issued the necessary Docket Number for (V) American Specialty Health-Signage. It will be the following:
(V)American Specialty Health—Signage
The applicant seeks the following development standards variance approval:
Docket No. 13080011 V ZO CH:25.07.02-04 b.2.b Sign not facing right-of-way
The site is located at 12800 N Meridian Street and is zoned B-2/Business within the US 31 Overlay.
Filed by Paul Reis of Krieg DeVault on behalf of the applicant, American Specialty Health.
Paul can be contacted at 317-238-6293 or at preis @kdlegal.com.
Filing Fees: Development Standards Variance Hearing Officer fee$627.50
Total Fee: $627.50
Filing Dates& Deadlines. Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than August 30,2013. Published notice is required
within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior to the public
notice deadline,in order for them to publish it on time(765-365-2316 or legals @thetimes24-7.com). 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 application). Make sure the public notice meeting time to the newspaper and neighbors reads
5:30 PM and the location reads City Hall Caucus Rooms.
3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later
than NOON. Friday,August 30, 2013. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition.
4. The Proof of Notice will need to be received by this Department no later than noon, Friday,September 6, 2013.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the Monday,September 9,2013 agenda of the Board of Zoning Appeals Hearing
Officer Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for the petition the night of the
meeting for the Board's use(Sheet 10 of the application). On Ballot sheets, only fill out docket number,
petitioner, and date (Sheet 9).
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.
8. A Sign permit approval will also be required.
Please refer to your instruction sheet for more detail
Planning Department's Preliminary Review Comments; petitioner please respond to the following:
1. Please provide the list of adjacent property owners certified by the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.
3. Public notice requirements- please provide the following:
a) Filled out and notarized placement of public notice sign affidavit.
b) Proof of Publication affidavit from the Noblesville Times.
c) Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
1
d) Green signed return receipts.
4. *Please provide the length of the wall projection upon which the sign will be placed. (We need this dimension
instead of the length of the whole façade.)
5. *Please note that per the Hamilton Crossing Sign Package,the sign will need to be reverse illuminated, individual
channel letters.
If you have any questions, please feel free to contact me.
Sincerely,
Alexia Donahue-Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awold @carmel.in.gov
Please consider the environment before printing this e-mail
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CITY OF CARMEL- CLAY TOWNSHIP ,��
HAMILTON COUNTY, INDIANA ° tc:;\ '
%I APPLICATION FOR BOARD OF ZONING APPEALS ACTION yy' !
DEVELOPMENT STANDARDS VARIANCE REQUEST .0? '
FEE: Single Family (Primary Residence) $302.00 for the first variance, plus $93.00 for each addit onaksectioI okthe
ordinance being varied. - R_��6'
All Other$1,197.00 for the first variance, plus$565.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. 130 no \\ V DATE RECEIVED August 16, 2013
1) Applicant: American Specialty Health Incorporated
Address: 10221 Wateridge Circle, San Diego, CA 92121
2) Project Name: Wall Sign Variance for 12800 North Meridian Street
Project Manager: Phone:
Engineer/Architect: Phone:
Attorney and Contact Person: Paul G. Reis, Krieg DeVault LLP Phone: 317-238-6293
Email: preis @kdlegal.com
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Building Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Duke Realty Limited Partnership, Attn.: Adam Seger
Owner's address: PO Box 40509, Indianapolis, IN 46240
Owner's Phone:317-808-6825
5) Record of Ownership: Quitclaim Deed, 2003
Deed Book No./Instrument No.: 2003-7707
Page: Purchase date: 01/22/2003
6) Common address of the property involved: 12800 North Meridian Street, Carmel, Indiana 46032
Legal description: 9.62 acres, Section 26, T 18 N, R 3 E; See attached Exhibit"A"
Tax Map Parcel No.: 16-09-26-00-00-016.301
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).
Variance to Section 25.07.02-04 b.2.b. to transfer a permitted wall sign to a facade without street frontage
Page 1 of 5
•.... •
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Development Standards Variance").
The approval of this variance will be in keeping with the current placement of wall signs on this building, will
provide visibility to a large volume of daily traffic without visually intruding into residential areas, will not be
injurious to the community and will provide critical identification and enhance the opportunity for successful
business operations at this location in the middle of a business park setting by the Applicant.
9) Present zoning of the property(give exact classification): B-2/US 31 Overlay
10) Size of lot/parcel in question: 9.62 acres
11) Present use of the property: Multi-tenant, multi-level office building
12) Describe the proposed use of the property:
Same
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, decision rendered and pertinent explanation.
No.
15) Has work for which this application is being filed already started? If answer is yes, give details: No.
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Tenant/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:
American Specialty Health Incorporated
By: ALAI_4".A
llPaul ■ . Reis, E-„
Title: Attorney for American Specialty Health Incorporated
Page 2 of 5
• •
EXHIBIT "A"
Legal Description
A part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana. described as follows: Commencing at the northwest corner of said quarter
section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north line of
said quarter section; thence South 00 degrees 25 minutes 34 seconds East 1,166.50 feet; thence
Southerly 116.10 feet along an arc to the left and having a radius of 600.00 feet and subtended by
a long chord having a bearing of South 05 degrees 58 minutes 12 seconds East and a length of
115.92 feet to the northeastern corner of the dedication of public right-of-way for 126th Street,
Instrument number 8826758, as shown the Land Title Survey prepared by Paul I. Cripe, Inc., for
Duke Associates, dated December 17, 1986 and last revised November 8, 1989; thence along the
eastern right-of-way line of said 126th Street the following two (2) courses: (1) Southerly, and
Southeasterly 299.23 feet along an arc to the left and having a radius of 600.00 feet and
subtended by a long chord having a bearing of South 25 degrees 47 minutes 59 seconds East and
a length of 296.14 feet; (2) South 40 degrees 05 minutes 13 seconds East 453.12 feet along said
right-of-way line to the southwestern corner of a proposed Ingress-Egress Easement shown on
the I.L.T.A. Survey prepared by Paul I. Cripe, Inc., for Duke Associates, dated August 31, 1989
and last revised November 13, 1989 and the POINT OF BEGINNING of this description: thence
along the southeastern and eastern lines of said proposed Ingress-Egress Easement the following
three (3) courses: (1) North 49 degrees 54 minutes 47 seconds East 74.95 feet; (2) Northeasterly
and Northerly 298.72 feet along an arc to the left and having a radius of 340.00 feet and
subtended by a long chord having a bearing of North 24 degrees 44 minutes 36 seconds East and
a length of 289.20 feet; (3) North 00 degrees 25 minutes 34 seconds West 199.70 feet to the
south line of the proposed Building 4 parcel; thence South 90 degrees 00 minutes 00 seconds
East 470.72 feet along said south line to the western right-of-way line of U.S. Highway 31;
thence South 00 degrees 03 minutes 57 seconds East 912.72 feet along said western right-of-way
line to the northern right-of-way line of said 126th Street; thence along the northern and
northeastern right-of-way line of said 126th Street the following three (3) courses: (1) South 89
degrees 54 minutes 47 seconds West 30.04 feet; (2) Westerly, and Northwesterly 523.60 feet
along an arc to the right and having a radius of 600.00 feet and subtended by a long chord having
a bearing of North 65 degrees 05 minutes 14 seconds West and a length of 507.15 feet; (3) North
40 degrees 05 minutes 13 seconds West 246.42 feet to the point of beginning and containing
10.071 acres, more or less. The bearings in this description arc based upon the north line of the
southwest Quarter of Section 26 having a bearing of North 88 degrees 42 minutes 47 seconds
East. Subject to all casements, restrictions and rights-of-way of legal record.
• •
AFFIDAVIT
I, hereby swear that I am the attorney for the applicant involved in this application and that the foregoing 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this
application and subsequent hearings and testimony.
Signed
Pau . "eis Date: August 16, 2013
Atto =- for ' meric:n Specialty Health Incorporated
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis
and acknowledged the execution of the foregoing instrument this j(o day of August, 2013.
Notary Publi
•
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Printed
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My Commission Expires: .(9. Jo c -b I _
My County of Residence: N&XVII 14-157
Page 3 of 5
• •
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: American Specialty Health Incorporated
Variance: Wall sign not fronting on a street
FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1,
2.
3.
DATED THIS DAY OF , 2013.
Board Member
Page 4 of 5
•
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Variance:
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
The proposed sign is for a tenant in a multi-tenant office building in a highly trafficked commerce corridor.
The proposed sign location on the building will be visible to southbound traffic on US 31 and not to any
residential uses. It will enhance the general welfare of the community by providing the Petitioner with critical
identification of its location.
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:
All adjacent uses are identical in use (multi-tenant, multi-level office buildings) or compatible in use and will
not be adversely affected by the location of this sign on the north façade of the building.
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:
While the north façade is not adjacent to a street, it is visible to southbound traffic on US 31 and will provide
critical identification for Petitioner's location in the Hamilton Crossing III multi-tenant, multi-story office
building. The Zoning Ordinance prohibits wall signage on the north façade notwithstanding its visibility to US
31, thereby resulting in a practical difficulty to the Petitioner to identify its location.
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 , 2013.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 5 of 5
• •
ZONING CONSENT
The undersigned, owner of the Real Estate described in Exhibit "A," attached hereto and
made a part hereof, hereby authorize American Specialty Health Incorporated and its attorney,
Paul G. Reis, of Krieg DeVault LLP, to file a zoning variance application and all other
supplementary and supporting documentation with the City of Carmel Department of
Community Services necessary for the approval of a development standards variance to allow
American Specialty Health Incorporated to erect a wall sign on the north facade of the office
building located at 12800 North Meridian Street. The owner also consents to the proposed
development standards variance application.
This consent shall remain in effect until revoked by a written statement filed with the
Department of Community Services for the City of Carmel, Indiana.
Duke Real y Limited Pariership
B y: ���/`Z
Adam Seger, Leasing Ref esentative
STATE OF INDIANA )
Mill�tt �. ) SS:
COUNTY OF
V- Subscribed and sworn to before me a Notary Public in and for said County and State, this
b day of t u u.st' , 2013.
otary Public
My Commission Expires:
' P': L.DENISE RAIR
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',r ';.--1 Marion County Printed Signature
■ _,,-�.s ,s My Commission Expires
' • March 12,2016
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•
EXHIBIT "A"
Legal Description
A part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana. described as follows: Commencing at the northwest corner of said quarter
section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north line of
said quarter section; thence South 00 degrees 25 minutes 34 seconds East 1,166.50 feet; thence
Southerly 116.10 feet along an arc to the left and having a radius of 600.00 feet and subtended by
a long chord having a bearing of South 05 degrees 58 minutes 12 seconds East and a length of
115.92 feet to the northeastern corner of the dedication of public right-of-way for 126th Street,
Instrument number 8826758, as shown the Land Title Survey prepared by Paul I. Cripe, Inc., for
Duke Associates, dated December 17, 1986 and last revised November 8, 1989; thence along the
eastern right-of-way line of said 126th Street the following two (2) courses: (1) Southerly, and
Southeasterly 299.23 feet along an arc to the left and having a radius of 600.00 feet and
subtended by a long chord having a bearing of South 25 degrees 47 minutes 59 seconds East and
a length of 296.14 feet; (2) South 40 degrees 05 minutes 13 seconds East 453.12 feet along said
right-of-way line to the southwestern corner of a proposed Ingress-Egress Easement shown on
the I.L.T.A. Survey prepared by Paul I. Cripe, Inc., for Duke Associates, dated August 31, 1989
and last revised November 13, 1989 and the POINT OF BEGINNING of this description: thence
along the southeastern and eastern lines of said proposed Ingress-Egress Easement the following
three (3) courses: (1) North 49 degrees 54 minutes 47 seconds East 74.95 feet; (2) Northeasterly
and Northerly 298.72 feet along an arc to the left and having a radius of 340.00 feet and
subtended by a long chord having a bearing of North 24 degrees 44 minutes 36 seconds East and
a length of 289.20 feet; (3) North 00 degrees 25 minutes 34 seconds West 199.70 feet to the
south line of the proposed Building 4 parcel; thence South 90 degrees 00 minutes 00 seconds
East 470.72 feet along said south line to the western right-of-way line of U.S. Highway 31;
thence South 00 degrees 03 minutes 57 seconds East 912.72 feet along said western right-of-way
line to the northern right-of-way line of said 126th Street; thence along the northern and
northeastern right-of-way line of said 126th Street the following three (3) courses: (1) South 89
degrees 54 minutes 47 seconds West 30.04 feet; (2) Westerly, and Northwesterly 523.60 feet
along an arc to the right and having a radius of 600.00 feet and subtended by a long chord having
a bearing of North 65 degrees 05 minutes 14 seconds West and a length of 507.15 feet; (3) North
40 degrees 05 minutes 13 seconds West 246.42 feet to the point of beginning and containing
10.071 acres, more or less. The bearings in this description arc based upon the north line of the
southwest Quarter of Section 26 having a bearing of North 88 degrees 42 minutes 47 seconds
East. Subject to all casements, restrictions and rights-of-way of legal record.
Commonly known as: 12800 North Meridian Street, Carmel, Indiana.
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