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HomeMy WebLinkAboutApplicationPage 1 of 2 Conn, Angelina V From: Conn, Angelina V Sent: Friday, September 16, 2005 2:13 PM To: Tingley, Connie S Cc: Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; 'Mjett@amercons.com' Subject: Docket No. Assignment: (V) West Carmel Center, BIk C, lot 1- Maplecrest Commons (#05090014 V) Connie, I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) West Carmel Center, Blk C, lot 1- Maplecrest Commons. It will be the following: Docket No. 05090014 V $978.50 Total Fee: $978.50 West Carmel Center, Blk C, lot 1- Maplecrest Commons The applicant seeks the following development standards variance: Docket No. 05090014 V ZO Chapter 25.07-02-09.b signage oriented west The site is located just west of Commerce Dr & Carwinion Way. The site is zoned B-3/Business, within the US 421 Overlay. Filed by Mike Jett of American Consulting, Inc. for PR Block C, 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, Sept. 29, 2005. Published notice is required within the Indianapolis Star. Note: the Regular BZA meeting will begin at 6 pm. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 21, 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, October 14, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, November 28, 2005 agenda of the BZA. 5. This Item will appear on the October 24, 2005 agenda of the Board of Zoning Appeals 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. Jett can be contacted at 547-5580 or fax: 543-0270 or email: Mjett~amercons.com. Petitioner: please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send the notice to the IndyStar by Noon, two days prior to the printing deadline. 2.) Provide a filled out and notarized Petitioner's Affidavit of Notice of Public Hearing (pg 6 of the application). Thank you, Angie 9/16/2005 V CITY OF CARMEL- CLAY TOWNSHIP ,.-'\ ..... APPLICATION FOR BOARD OF ZONING APPEALS ACTIO DEVELOPMENT STANDARDS VARIANCE REQUEST FEE' Single Family (Prima~ Residence) $257.50 for the first variance plus $77.25 for each~dd~ional section ordinance~ried. All Othe~50]or the first variance, plus $463.50 for each additional section of the ordi~'~'~ing VarF~d. OR see Heari~fficer Fees DOCKET NO. 05 DATE RECEIVED: 1) Applicant: PR Block C, LLC 2) 3) 4) 5) 6) 7) Address: 8463 Castlewood Drive, Project Name: West Carmel Center Indianapolis, IN 46250 Maplecrest Commons Blk C~ Lot i Phone: 317-841-1002 Engineer/Architect:American Consul ti hq, Inc. Phone: 317-547-5580 Attorney: Applicant's Status: (Check the appropriate response) X (a) The applicant's name is on the deed to the property Phone: ~ (b) The applicant is the contract purchaser of the property ~ (c) Other: If Item 3) (c)is checked, please complete the following: Owner of the property involved: PR Block C, LLC Owner's address: 8463 Castlewood Drive, Indpls, IN 46250 Phone: 317-841-1002 Record of Ownership: Deed Book No./Instrument No. 200300104630 Page: Purchase date: Lot I of Block C-Nest Carmel Common address of the property involved: Center Legaldescription: See attached ]eqal Tax Map Parcel No.: 17-13-07-00-19-001.000 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). A variance will be required to have signs not facing the Commerce Drive road frontage, per Chapter 25.07.02-9.b. Page 1 of 8- z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 08/05t2005 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). We want to orient the building signage away from Commerce Drive in order to not face the adjacent residential district to the east. 9) 10) 11) 12) Present zoning of the property (give exact classification): Size of lot/parcel in question: 2.9 Present use of the property: vacant Describe the proposed use of the property: l];us'i ness-P, etai ] Center B-3/Business within the US 421 Overlay acres 13) 14) Is the property: Owner occupied Renter occupied Tenants to be determined Other 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? Spring ~006 ~/- 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Owner-Operated, Renter-Occupied 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 Page 2 of 8- z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 08/05/2005 completed) 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 assiqned until all supportin.q information has been submitted to the Department of Community Services. ADJACENT PROPERTY OWNERS LIST 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 (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS EXAMPLE ONLY: Formal list request sheet & official list may be acquired form the Hamilton County Auditor' s Office (776-8401 ). Auditor of Hamilton County, Indiana--Signature Date Page 3 of 8- z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 08/05/2005 AFFIDAVIT I, hereby swear that I am the ownedcontract 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. (Prop Power of A~~m~ee/i~Date Craig May (Please Print) STATE OF INDIANA SS: County of (County in which notarization takes place) Before me the undersigned, a Notary Public for r'j c~.-~' ~ n (Notary Public's county of residence) C to,.,'5 1'~. (Property Owner, Attorney, or Power of Attorney) day of ~'~ (-f~Lcn~e..r-' County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this ,20 05 (SEAL) Notary Public--Sign}t Notary Public--Please Print My commission expires: Page 4 of 8- z:~shared\forms\BZA applications\ Development Standards Variance Application rev. 08/05/2005 DULY ENTERED FOR TAXA! _ Subjectto final acceptancefq nsfer ""/_day of OCT ,~~ ~ Auditor of Hamilton County Parcel # - WARRANTY DEED i le~ t=or[Recopd in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 10-07-20c)3 At 11:52 am, WARR DEED 20. O0 THIS INDENTURE WITNESSETH, That SHADY BROOK DEVELOPMENT CO., 421 REALTY COMPANY, INC., CRAIG A. MAY, as Successor Trustee of' the Russell P. Wurster Irrevocable Trust I and ADMIRAL HOLDINGS, LLC, a North Carolina limited liability company, formerly known as Sweeney Family, LLC, as their interests may appear ("Grantors") CONVEY AND WARRANT to P-R BLOCK C, LLC, an Indiana limited liability company ("Grantee"), for the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: see Exhibit "A" attached hereto and by reference made a part hereof. This conveyance is made subject to' ao All easements, rights of way and restrictions of record; and b. The lien of the second installment of real estate taxes for 2002 due and payable in November, 2003 and thereafter. IN WITNESS WHEREOF, Grantors have caused this deed to be executed as of the 18th day of August, 2003. SHADY BROOK DEVELOPMENT CO. By: Russell P. Wurster Irrevocable Trust I, General Partner By: ¢ ' ' i. C r~M"~ssor Trustee 421 REALTY COMPANY, INC. BY:craig~A. ~a~, ~sident Craig A. Ma~, Suc~stee P. Wurster Irrevocable Trust I of the Russell ADMIRAL HOLDINGS, LLC, formerly known as Sweeney Family, LLC By: Paul W. Sweeney, Manager " ifll STATE OF INDIANA COUNTY OF MARION ) )SS: ) Before me, a Notary Public in and for said County and State, personally appeared Craig A. May, as Successor Trustee of the Russell P. Wurster Irrevocable Trust I, General Partner of Shady Brook Development Co., and, being first duly sworn, acknowledged the execution of the foregoing Warranty Deed for and on behalf of said company. Witness my hand and Notarial Seal this 18th day of August, 2003. ( C./t- rg0 L. 6'. O$ ~3~ a~ t4'¢ ) Notary Public My Commission Expires: My County of Residence Is' STATE OF INDIANA COUNTY OF MARION ) )ss. ) Before me, a Notary Public in and for said County and State, personally appeared Craig A. May, Vice President of 421 Realty Company, Inc., and, being first duly sworn, acknowledged the execution of the foregoing Warranty Deed for and on behalf of said corporation. Witness my hand and Notarial Seal this 18th day of August, 2003. ( ~ t4x~ L .5. DS'/Se~(< N ~; ) Notary Public My Commission Expires' My County of Residence Is: /"d' -2- STATE OF INDIANA COUNTY OF MARION )ss. ) Before me, a Notary Public in and for said County and State, personally appeared Craig A. May, as Successor Trustee of the Russell P. Wurster Irrevocable Trust, and, being first duly · sworn, acknowledged the execution of the foregoing Warranty Deed for and on behalf of said company. Witness my hand and Notarial Seal this 18th day of August, 20031 ( (.~~L~ ~'. D.~ tq 6/~ ) Notary Public My CommiSsion Expires' My County of Residence Is: STATE OF INDIANA' COUNTY OF MARION ) )ss. ) Before me, a Notary Public in and for said County and State, personally appeared Paul W. Sweeney, Manager of Admiral Holdings, LLC, a North Carolina limited liability company, formerly known as Sweeney Family, LLC, and, being first duly sworn, acknowledged the execution of the foregoing Warranty Deed for and on behalf of said company. Witness my hand and Notarial Seal this 18th day of August, 2003. ( Q_ fargo/.. ~, ©~E~r~d ~ ) Notary Public My Commission Expires: My County of Residence Is: This Instrument was prepared by Bruce E. Smith, Attorney. Send Tax Bills and Remm Deed to' 8463 Castlewood Drive, Indianapolis, Indiana 46250. X:G04L~4698.co -3- Exhibit A A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township . 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed beating) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet ' parallel with the North Line of said Northwest Quarter to the terminus of the seventeenth (17th) course in the description of the 3.709 acre tract of land (Commerce Drive) described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton Count)', Indiaria, the following five (5) courses are along the boundary of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet from the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds East 77.55 feet to'the POINT OF BEGINNING of this description; 5)thence South 36 degrees 06 minutes 43 seconds East 694.66 feet to the southwestern comer of said 3.709 acre tract of land and to the point of curvature of a curve to the left, said point of curvature being South 53 degrees 53 minutes 17 seconds West 368.45 feet from the radius point of said curve; thence southeasterly 11.63 feet along said curve to a point being.South 52 degrees 04 minutes 46 seconds West 368.45 from the radius point of said curve; thence South 55 degrees 35 minutes 10 seconds West 34.60 feet; thence South 56 degrees 00 minutes 54 seconds West 157.47 feet; thence South 55 degrees 41 minutes 53 seconds West 257.43 feet; thence South 43 degrees 20 minutes 38 seconds West 83.70 feet; thence South 45 degrees 18 minutes 00 seconds West 89.14 feet; thence South 53 degrees 11 minutes 22 seconds West 157.11 feet to the currently proposed (August 2000) eastern fight-of-way line of US 421 (Mic~gan Road); thence North 18 de~ees 39 minutes 52 seconds West 684.17 feet along said currently proposed eastern fight-of-way line of US 421 (Michigan Road); thence North 20 degrees 57 minutes I8 seconds West 63.60 feet along said currently proposed eastern fight-of-way line of US 421 (Michigan Road) to a point being South 53 de~ees 05 minutes 14 seconds West of the point of beginning; thence North 53 degrees 05 minutes 14 seconds East 554.87 feet to the POINT OF BEGINNING containing 10.639 acres, more or less. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 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: Building signage has no direct or indirect affect on the public health, safety & welfare. 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 light from the signage will be on the opposite side of the building. 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 light from the signage would adversely affect the adjacent residential property owners to the east across Commerce 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 __ 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 8 of 8 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 08/05/2005 LAND DESCRIPTION' LOT1 IN AMENDED BLOCK C OF WEST CARMEL CENTER AS PER PLAT THEREOF RECORDED AS INSTRUMENT #200400018514 IN PLAT CABINET 3~ SLIDE ,575 BY TPF- RECORDER OF HAMILTON COUNTY~ IND ANA.