HomeMy WebLinkAboutApplication •
Boone, Rachel M.
From: Boone, Rachel M.
Sent: Wednesday, June 19, 2013 3:51 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; 'Perry, Nichole'
Subject: Docket No. Assignment: (Variance)American Health Network- Signage (#13060005 V)
I have updated the file.
I have contacted the petitioner and issued the necessary Docket Numbers for(V)American Health Network -Signage.
It will be the following:
Docket No. 13060005 V .$627.50 Development Standards Variance Hearing Officer fee
Total Fee: $627.50
(V) American Health Network —Signage
The applicant seeks the following development standards variance approval:
Docket No. 13060005 V Ch.25.07.02-04 e.9. c. —Signs not placed symmetrically on building
The site is located at 10689 Pennsylvania Street and is zoned B-6/Business within the West Homeplace Commercial
Corridor.
Filed by Timothy E. Ochs of Ice Miller on behalf of the applicant, American Health Network.
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, 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 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,July 12. Failure to submit Informational Packets by this time will result in the automatic
tabling of the 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. 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 August 26, 2013 meeting.
8. Sign permit and Administrative ADLS Amendment approval will also be required.
9. PETITIONER: refer to your instruction sheet for more details.
Mr. Ochs can be contacted at 317-236-5952.
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:
legals(a.thetimes24-7.com).
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 notice from the Noblesville Times.
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c) Green signed return receipts.
4. Please provide a comparison that would show the sign would look like if placed on the tower opposite Sandor.
5. Please provide a smaller(11x17 or smaller), clearer drawing of the sign on the building, so the dimensions can be
more easily read.
6. Please provide a drawing of the sign, showing what materials it will be made out of, how it will be illuminated, sign
face and return colors, etc.
7. Please provide information on if this tenant will utilize the directory sign at the vehicular entrance to the site.
Thank you.
2ache,L Boone'
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
2
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CITY OF CARMEL- BOARD OF ZONING APPEALS fT _ ��``''�����r
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE �` 'n+
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FEES: Single Family (Primary Residence) $291.90 for the first variance, plus $89.90 for each,additional section of
the ordinance being varied. All Other$1,156.50 for the first variance, plus $546.40 for each additional
section of the ordinance being varied. Or, see Hearing Officer Fees. �� x
DOCKET NO. 110 C 00e V DATE RECEIVED: W✓b'v 3
1) Applicant: American Health Network, Inc., c/o Timothy E. Ochs,Attorney for Applicant
Address: Ice Miller, One American Square, Suite 2900, Indianapolis, Indiana 46282
2) Project Name: Phone:
Engineer/Architect: Phone:
Attorney: Phone:
Contact Person: Timothy E. Ochs Phone: 317-236-5952
Email: timothy.ochs @icemiller.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. (c) Other: Applicant is Lessee
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: SEDD 10689, LLC
Owner's address: 10689 North Pennsylvania Street, Suite 100, Indpls, IN 46280 Phone: 317-925-9011
5) Record of Ownership:
Deed Book No./Instrument No. 2009-74589
Page: Purchase date:
6) Common address of the property involved: 10689 North Pennsylvania Street
Legal description: See Attached
Tax Map Parcel No.: 17-13-02-00-00-017.000
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the
section numbers) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
Applicant seeks Variance of Development Standards of Section 25.07.02-04(e)(9)(c)of the Sign Ordinance to allow for a
wall sign on a multi-story, multi-tenant office building to be located within the middle of Spandrel Panel.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
• • •
sheet entitled "Findings of Fact-Development Standards Variance").The proposed signage does not exceed the
allowed square footage. If the proposed signage is placed on the north tower to mirror the Sandor signage on the south
tower, it would be too small to see. The surrounding buildings are mainly multi-story, multi-tenant office buildings.
9) Present zoning classification of the property: B-6
10) Size of lot/parcel in question: 5.01 acres
11) Present use of the property: Multi-Story/Multi-Tenant Office Building
12) Describe the proposed use of the property:
13) Is the property: Owner occupied X 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. No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: No
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?
Applicant: American Health Network, Inc.
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 supporting information has been
submitted to the Department of Coll, unity Services.
I
Applicant Signature: / / Date: !'D1 I
The applicant certifies by signing this appli..tion th. 'e/she has been advised that all representations of the Department of
Community Services are advisory only and that the uplicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
• •
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.:
Petitioner: American Health Network, Inc.
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 is 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 multi-story, multi-tenant office buildings,which will
not have a substantially adverse impact on th 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:
If the requested signage is put on the north tower to mirror the existing Sandor signage on the south tower, it would be too
small to see.
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.12/28/2010
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DULY ENTERED FOR TAXATION(r 2009074589 WARR DEED $22.00
a Subject to final acceptance, 12/29/2009 02:08:20P 4 PGS for transfer Jennifer J Hayden
q HAMILTON County Recorder IN
���y"��JCi3`y('/(G{�,y h ��'� 20 Recorded as Presented
R Than I 0-1Ca./d.+w�.P nu_;')'GI Hamilton County
Parcel #/7-13-o.2-ao-oo-oIl.000
LIMITED WARRANTY DEED
ELI �kZ6 lo mss c, R
THIS INDENTURE WITNESSETH, That V CITIZENS BANKING
CORPORATION, a state chartered banking corporation ("Grantor") CONVEYS AND
WARRANTS to SEDD 10689 LLC, an Indiana limited liability company("Grantee"), for the
sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the following described real estate in Hamilton
County,State of Indiana:
PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 17
NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL
MERIDIAN IN HAMILTON COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SOUTHEAST
QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3
EAST; THENCE ON THE NORTH LINE OF SAID SOUTHEAST
QUARTER NORTH 89 DEGREES 00 MINUTES 22 SECONDS EAST
(THE BEARINGS RECITED HEREIN ARE ASSUMED BASED ON
MID-STATES ENGINEERING JOB NUMBER 121-4392 IN WHICH
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION BEARS NORTH 89 DEGREES 00 MINUTES 22 SECONDS
EAST)675.83 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SAID SOUTHEAST
QUARTER; THENCE ON THE EAST LINE OF SAID WEST HALF
SOUTH 00 DEGREES 11 MINUTES 36 SECONDS EAST 690.82
FEET TO THE NORTHEAST CORNER OF THE 5.01 ACRE TRACT
OF REAL ESTATE DESCRIBED IN INSTRUMENT No. 2008033931
AND THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUING ON SAID EAST LINE SOUTH 00
DEGREES 11 MINUTES 36 SECONDS EAST 333.53 FEET TO THE
NORTHEAST CORNER OF THE A 4.52 ACRE TRACT OF REAL
ESTATE DESCRIBED IN INSTRUMENT No.2009038204; THENCE
ON THE NORTH LINE OF SAID 4.52 ACRE TRACT OF REAL
ESTATE THE FOLLOWING 5 COURSES: 1) SOUTH 89 DEGREES
46 MINUTES 18 SECONDS WEST 441.43 FEET TO A TANGENT
CURVE WITH A RADIUS OF 100.00 AND A CENTRAL ANGLE OF
31 DEGREES 16 MINUTES 34 SECONDS; 2) THENCE ON THE
ARC OF SAID CURVE 54.59 FEET SAID ARC BEING SUBTENDED
BY A LONG CHORD WHICH BEARINGS SOUTH 74 DEGREES 08
•
MINUTES 00 SECONDS WEST 53.91 FEET; 3)THENCE SOUTH 58
DEGREES 29 MINUTES 43 SECONDS WEST 50.26 FEET TO A
TANGENT CURVE WITH A RADIUS OF 100.00 AND A CENTRAL
ANGLE OF 31 DEGREES 12 MINUTES 28 SECONDS; 4)THENCE
ON THE ARC OF SAID CURVE 54.47 FEET SAID ARC BEING
SUBTENDED BY A LONG CHORD WHICH BEARINGS SOUTH 74
DEGREES 05 MINUTES 57 SECONDS WEST 53.80 FEET; 5)
THENCE SOUTH 89 DEGREES 42 MINUTES 12 SECONDS WEST
54.23 FEET TO A NON-TANGENT CURVE WITH A RADIUS OF
5774.58 AND A CENTRAL ANGLE OF 00 DEGREES 39 MINUTES
16 SECONDS BEING ON THE EEAST RIGHT OF WAY LINE OF
PENNSYLVANIA STREET PER INSTRUMENT NO. 9427142;
THENCE ON SAID EAST RIGHT OF WAY LINE AND ON THE
ARC OF SAID CURVE 65.95 FEET SAID ARC BEING SUBTENDED
BY A LONG CHORD WHICH BEARINGS NORTH 00 DEGREES 58
MINUTES 38 SECONDS EAST 65.94 FEET;THENCE CONTINUING
ON SAID EAST RIGHT OF WAY LINE NORTH 00 DEGREES 17
MINUTES 48 SECONDS WEST 314.27 FEET TO THE NORTH LINE
OF SAID 5.01 ACRE TRACT; THENCE ON SAID NORTH LINE
NORTH 89 DEGREES 00 MINUTES 22 SECONDS EAST
PARALLEL WITH SAID NORTH LINE OF SAID SOUTHEAST
QUARTER 641.59 FEET TO THE POINT OF BEGINNING,
CONTAINING 5.01 ACRES,MORE OR LESS.
This conveyance is made subject to:
a. The lien of real estate taxes for 2009 due and payable in 2010,and thereafter;and
b. Any easements,restrictions and limitations of record.
The covenants and warranties of Grantor are limited to its acts during the period of its
ownership of the foregoing described real estate, and Grantor makes no covenants or warranties
as to the acts of any other person or entity or as to the period prior to its ownership of the
foregoing described real estate.
2
S •
The undersigned individual executing this Limited Warranty Deed on behalf of Grantor
certifies that he is authorized by Grantor to execute this Limited Warranty Deed for and on
behalf of Grantor.
IN WITNESS WHEREOF,Grantor has caused this deed to be executed this ZZ day
of December,2009.
CITIZENS BANKING CORPORATION,
a state chartered banking corporation
Brian Jo son,Vie President-Team Leader
3
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• •
•
STATE OF '4c n i )
)SS:
COUNTY OF bDj,,,;, )
Before me, a Notary Public in and for said County and State,personally appeared Brian
Johnson, a Vice President-Team Leader of Citizens Banking Corporation, a state chartered
banking corporation,who acknowledged execution of the foregoing Limited Warranty Deed for
and on behalf of said corporation.
nd
Witness my hand and Notarial Seal this as day of December,2009.
1
JUN M COM18AN
Si: .ture
NOtry Mac
OM el earl 1l. 6.1 f
Printed
My County of Residence
My Commission Commission Expires:
to/3v /c//
This instrument prepared by:Donald J.Smith,Esq.,FROST BROWN TODD LLC,201 North
Illinois Street,Suite 1900,P.O.Box 44961,Indianapolis,IN 46244-0961.
I affirm, under the penalties for perjury, that I have taken due care to redact all social security
numbers or tax identification numbers from this document,except as required by law. (Donald J.
Smith)
Return deed and send tax bills to: Sedd 10689 LLC, 2220 N. Meridian Street, Indianapolis, IN
46208.
9617772
4
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LEGAL DESCRIPTION
PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 17
NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL
MERIDIAN IN HAMILTON COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SOUTHEAST
QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3
EAST; THENCE ON THE NORTH LINE OF SAID SOUTHEAST
QUARTER NORTH 89 DEGREES 00 MINUTES 22 SECONDS EAST
(THE BEARINGS RECITED HEREIN ARE ASSUMED BASED ON
MID-STATES ENGINEERING JOB NUMBER 121-4392 IN WHICH
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION BEARS NORTH 89 DEGREES 00 MINUTES 22 SECONDS
EAST) 675.83 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SAID SOUTHEAST
QUARTER; THENCE ON THE EAST LINE OF SAID WEST HALF
SOUTH 00 DEGREES 11 MINUTES 36 SECONDS EAST 690.82
FEET TO THE NORTHEAST CORNER OF THE 5.01 ACRE TRACT
OF REAL ESTATE DESCRIBED IN INSTRUMENT No. 2008033931
AND THE POINT OF BEGINNING OF THIS DESCRIPTION,;
THENCE CONTINUING ON SAID EAST LINE SOUTH 00
DEGREES 11 MINUTES 36 SECONDS EAST'333.53 FEET TO THE
NORTHEAST CORNER OF THE A 4.52 ACRE TRACT OF REAL
ESTATE DESCRIBED IN INSTRUMENT .No.2009038204; THENCE
ON THE NORTH LINE OF SAID 4.52 ACRE TRACT OF REAL
ESTATE THE FOLLOWING 5 COURSES: 1) SOUTH 89 DEGREES
46 MINUTES 18 SECONDS WEST 441.43 FEET TO A TANGENT
CURVE WITH A RADIUS OF 100.00 AND A CENTRAL ANGLE OF
31 DEGREES 16 MINUTES 34 SECONDS; 2) THENCE ON THE
ARC OF SAID CURVE 54.59 FEET SAID ARC BEING SUBTENDED
BY A LONG CHORD WHICH BEARINGS SOUTH 74 DEGREES 08
.4t
"4,7_.,
• •
MINUTES 00 SECONDS WEST 53,91 FEET; 3) THENCE SOUTH 58
DEGREES 29 MINUTES 43 SECONDS WEST 50,26 FEET TO A
TANGENT CURVE WITH A RADIUS OF 100.00 AND A CENTRAL
ANGLE OF 31 DEGREES 12 MINUTES 28 SECONDS; 4) THENCE
ON THE ARC OF SAID CURVE 54.47 FEET SAID ARC BEING
SUBTENDED BY A LONG CHORD WHICH BEARINGS SOUTH 74
DEGREES 05 MINUTES 57 SECONDS WEST 53.80 FEET; 5)
THENCE SOUTH 89 DEGREES 42 MINUTES 12 SECONDS WEST
54.23 FEET TO A NON-TANGENT CURVE WITH A RADIUS OF
5774,58 AND A CENTRAL ANGLE OF 00 DEGREES 39 MINUTES
16 SECONDS BEING ON THE BEAST RIGHT OF WAY LINE OF
PENNSYLVANIA STREET PER INSTRUMENT NO. 9427142;
THENCE ON SAID EAST RIGHT OF WAY LINE AND ON THE
ARC OF SAID CURVE 65.95 FEET SAID ARC BEING SUBTENDED
BY A LONG CHORD WHICH BEARINGS NORTH 00 DEGREES 58
MINUTES 38 SECONDS EAST 65.94 FEET; THENCE CONTINUING
ON SAID EAST RIGHT OF WAY LINE NORTH 00 DEGREES 17
MINUTES 48 SECONDS WEST 314.27 FEET TO THE NORTH LINE
OF SAID 5.01 ACRE TRACT; THENCE ON SAID NORTH LINE
NORTH 89 DEGREES 00 MINUTES 22 SECONDS EAST
PARALLEL WITH SAID NORTH LINE OF SAID SOUTHEAST
QUARTER 641,59 FEET TO THE POINT OF BEGINNING,
CONTAINING 5.01 ACRES, MORE OR LESS.