HomeMy WebLinkAboutApplicationCITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY~ INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $257.50 for the first variance, plus $77.25 for each additional section of the
ordinance being varied.
All Other $978.50 for the first variance, plus $463.50 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. 0'~ 0~'Z61 V DATE RECEIVED:
1)
Applicant: BFS Diversified Products, LLC
Address: 310 East 96th Street, Suite 100, Indianapolis, IN 46240
2) Project Name'~Two earkwood - ~'~, ~e ~~~Q. Phone: (317) 808-6000
Engineer/Architect: N/A Phone: N/A
3)
Attorney: Philip A. Nicely
Applicant's Status: (Check the appropriate response)
~ (a) The applicant's name is on the deed to the property
Phone: (317) 684-5301
~ (b) The applicant is the contract purchaser of the property
X (c) Other: Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Duke Realty Limited Partnership
Owner's address: 600 East 96th Street, Ste. 100, Indianapolis, IN 46240 Phone: (317) 808-6000
5) Record of Ownership:
Deed Book No./Instrument No. 9609600517
6)
Page: N/A Purchase date: 1/5/96
Common address of the property involved: 310 East 96th Street
Legal Description:
Tax Map Parcel No.:
(See attached description)
35-1898425 i~0 ] "'x'D il ~3 ~ I--] O~ I. ~ ~-.
69667_! .DOC
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).
Petitioner requests a variance of Section 25.7.02 - 10(b) to allow a permitted sign to be located on the east facade of
Two Parkwood rather than the south faqade which faces 96th Street.
8)
State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The wall signs in Parkwood Crossing have historically been relocated by variance from the south faqade of the
buildings. Two Parkwood has virtually no sign viewability towards 1-465. Thus, the east faqade is a reasonable
alternative.
9) Present zoning of the property (give exact classification): B-6/U.S. 31 Overlay
10) Size of lot/parcel in question:
4.959 acres
11) Present use of the property:
Office Building
12) Describe the proposed use of the property: Office Building
13) Is the property: Owner occupied
Renter occupied Yes
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:
Building Permit Number: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
A.S.A.P.
17)
If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application is being filed?
BFS Diversified Products, LLC
69667_1 .DOC
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
competed.)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN,
THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
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.
I, , Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and
complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER ADDRESS
(to be filed when received)
Auditor of Hamilton County, Indiana- Signature
Date
69667_1.DOC
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. /~..~.,~ff~/j ~/ ,./.~/~)
Signed:~;rn~~~'~.~]~,.....-.~. 08/09/05
Date
Philip A. Nicely
(Please Print)
STATE OF INDIANA
SS:
County of
Hamilton
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Marion
(Notary Public's county of residence)
County, State of Indiana, personally appeared
Philip A. Nicely
(Attorney)
and acknowledge the execution of the foregoing instrument
this 9th
day of August , 20 05
(SEAL)
Notary~Publice-- ~ignature
Steven B. Granner
Notary Public - Please Print
My Commission expires:
October 23, 2008
69667_1 .DOC
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.'
Petitioner: BFS Diversified Products, LLC
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
DATED THIS DAY OF , 20 05.
Board Member
69667_1 .DOC
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.'
Petitioner: BFS Diversified Products, LLC
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
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 be oriented to the interior of Parkwood Crossing, will be fabricated by a licensed sign company, will be
internally illuminated and will be Underwriters Listed. The sign will be installed by professionals using standard
engineering practices.
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:
the proposed sign will have very limited viewabilit¥, if any, outside the confines of Parkwood Crossing. This sign
will be the first wall sign erected on this building. Similar signs are located on the other six buildings in Parkwood
Crossing.
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:
if the sign were to be located on the permitted south facade, it would have limited viewabilit¥ even within Parkwood
Crossing. Allowing the sign on the east facade would allow some viewability by individuals entering Parkwood
Crossing by way of the central entrance drive.
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 05.
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).
69667_1 .DOC
Conn, Angelina V
From:
Sent:
To:
Cc:
Subject:
Conn, Angelina V
Tuesday, August 16, 2005 10:31 AM
Tingley, Connie S; 'sgranner@boselaw.com'
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I;
Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Benyola, Linda
Docket No. Assignment: (V) Parkwood Crossing, Bldg 2 - Firestone (#05080029 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Parkwood
Crossing, Bldg 2 - Firestone. It will be the following:
Docket No. 05080029 V $515.00
Total Fee: $515.00
Parkwood Crossing, Bldg 2 - Firestone
The applicant seeks the following development standards variance:
Docket No. 05080029 V ZO Chapter 25.07.02-10(b) sign oriented east
The site is located at 310 E 96th St. and is zoned B-6/Business within the US 31 Overlay.
Filed by Steve Granner of Bose McKinney for BFS Diversified Products, 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 Friday, September 16, 2005. Published notice
is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:15 p.m.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, September 23, 2005.
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, September 16, 2005. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the Monday, October 24, 2005 agenda of the BZA.
5. This Item will appear on the September 26, 2005 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 sheets 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.) PETITIONER: refer to your instruction sheet for more details.
Mr. Granner can be contacted at 684-5304 or fax: 684-5316 or email: sgranner~boselaw.com.
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 p.m. It is suggested to send
the notice to the IndyStar by Noon on Wednesday, to allow for the Friday printing.
2.) Provide a filled out and notarized Public Notice Affidavit (pg 6 of the application).
3.) On site plan, label distance of building from 96th St. proposed R/W (70-ft half R/W).
4.) On site plan, label the building width facing 96th Street.
Thank you,
Angie
REAL ESTATE DESCRIPTION
Parkwbod Crossin~ Buildine #2
A pa~t of the Southeast Quarter of Seotion 11, Township 17 North, Range 3 East,
Hamilton County, Indiana, described as t~ollows: Co;mmenein~ at the Southeast corner of
said quarter section; thence North 90 degrees 00 minutes 00 seconds .West 1,640.06 feet
a~ong the South line of said quarter s~tion; thence North 00 dega'ees'~90 minutes 0~)
seconds East 43.00 feet to the right-of-way line of 96th Street and the Point of Beginning
of this description; thence North 90 degrees 00 minutes 00 seconds West 404.57 feet
along the right-of-way of said 96th Street to a point being also to the Southeast comer of
that certain parcel of land designated as Building One Parcel in Parkwood Crossing;
thence North 00 degrees 02 minutes 23 seconds West 555.97 feet along the East line of
said Building One Parcel; thence North 90 degrees 00 minutes 00 seconds East 224.54
feet being also on and along the South line of that parcel designated as Indiana Insurance
in Parkwood Crossing; thence South 00 c~egrees 40 minutes 57 seconds West ;50.00 feet
along said South line; thence North 90 degrees 00 minutes 00 seconds East 181.01 feet
along said South line; thence South 00 degrees 00 minutes 00 seconds West $0~5.97 feet
to the Point of Beginning, containing 4.959 acres, more or less.
Meridian St.
Towne Rd
L
llllll
r-- ''"'''
~-
iiiiiiiiiiiiiiIIIIIIIIIIl[j
iiiii
iiiiiiiiiiIIIIllll
! lllllllllllll[lllllllll
PROPOSED BUILDING
NO. ~2
C :,Z Z ....
--t-
C -'E ~ C 2':
,i
II
11 II
Sign Location
ti
ii
ii
Ii
ii
il
II
Il
il
ii
ii
II
Il
fl
I1
~96th__STREET__ ___
~-- /===============~-
Il
LEGEND
mc. ir ~ c~ ~ ~r~ ~ c-~)
PARKING OA TA_:
STANDARD SPACES = 298
HANDICAP SPACES = 4
TOTAL SPACES = $02
DatelRevlsionS
SITE PLAN
P^RKWOOD