HomeMy WebLinkAboutApplication DSV (parking garage height)CARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION
FILING FEES: Single Family (Primary Residence) $350.00 for the first variance, plus $105.00 for each additional
section of the ordinance being varied. All Other $1,394.00 for the first variance, plus $657.00 for each
additional section of the ordinance being varied. (Or see Hearing Officer option & Fees.)
Office Use Only
DOCKET NO. DATE RECEIVED:
1) Applicant: Meridian Development Services, LLC c/o Hall, Render, Killian, Heath & Lyman, P.C.
2)
3)
Address: 500 N. Meridian Street, Suite 400, Indianapolis, IN 46204
Project Name: Franciscan Orthopedic Center of Excellence Phone: (317) 633-4884
Engineer/Architect: MSKTD & Associates Phone: (317) 917-1190
Attorney:
Robert A. Hicks (Hall, Render, Killian, Heath & Lyman, P.C.) Phone: (317) 633-4884
Contact Person: Robert A. Hicks (Hall, Render, Killian, Heath & Lyman, P.C.) Phone: (317) 633-4884
Email: rhicks@hallrender.com
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:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: N/A
Owner's address: N/A
5)
a]
7)
a
Phone: N/A
Record of Ownership: Deed Book No./Instrument No. 2018060025
Page: N/A Purchase date: 12/27/2018
Common address of the property involved:
0 US 31 N, Carmel, Indiana (property has not be given formal address)
Legal Description: Please see attached Exhibit A
Tax Parcel ID No.:17-13-02-00-00-023.000
Explanation of requested Development Standards Variance: (State what you want to do and cite the
section number(s) of the Unified Development Ordinance that applies and/or creates the need for this
request.)
Section 2.40 of the UDO limits the height of an accessory building in the Meridian Corridor to 18 feet. Applicant seeks to build a garage,
which is considered an accessory building under the UDO. The height of the garage is planned to be 49 feet, exceeding the 18-foot limit.
Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance").
The garage is necessary to support the proposed hospital and medical office building on the Property. Also, construction of the 4-story garage
is consistent with the UDO's "massing" terms, as the property can only accommodate 1 principal building due to a gas line running through the Property.
Page 1 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
Zoning district classification of property: Meridian Corridor (MC)
Overlay Zone of property (if applicable): N/A
Size of lot/parcel in question: 12.12 acres/sq.ft.
Present use of property: Undeveloped
Describe proposed use of property: Construction of an inpatient orthopedic hospital and
medical office building, as well as a parking garage
13) Is the property: Owner occupied _� Renter occupied 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: N/A (no work begun)
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
Anticipated to commence within 90 days of the grant of the requested variance
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Applicant, as well as the tenants of the hospital and medical office building, and their patients, invitees, and licensees
NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 5
MANDATORY 20 days prior to the public hearing date. The certified 'Proof of Publication" affidavit for the
newspaper must be available for inspection by the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY; two methods of notice
are recommended:
1) FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white
receipt should be stamped by the Post Office at least 20 days prior to the public hearing date), OR
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the 20 day prior notice should be kept for verification that the notice was
completed)
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see page 8.
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 Community Services.
Applicant Signature
Date: U' I .� O'
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 Unified Development Ordinance and/or the legal advice of his/her attorney.
Page 2 of 12 Filename: development standards variance application & instructions 2019 Revised 01 /10/19
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.
Signed Name: d
(Prop rty Owner, Attorney, or Power of Attorney)
Printed Name: Robert A. Hicks
STATE OF INDIANA
SS:
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
I- CC�,11 (�
for r C N�K� GCS County, State of Indiana, personally appeared
(Notary Public's county of residence)
flIrLIt
ft wT and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or /Power of Attorney)
this"PL day of M uG u J I ^
(SEAL)
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My commission expires: ( 08a0d
Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
Exhibit A
PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3 EAST,
IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH
89 DEGREES 31 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, 968.10 FEET;THENCE NORTH 00 DEGREES 18 MINUTES 45 SECONDS EAST, 736.17
FEET; THENCE NORTH 89 DEGREES 31 MINUTES 17 SECONDS EAST, 153.54 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 00 DEGREES 21 MINUTES 33 SECONDS EAST ALONG
THE EAST LINE OF INSTRUMENT NUMBER 2016014328 AS RECORDED IN THE OFFICE OF THE
RECORDER OF HAMILTON COUNTY, 825.09 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES
13 SECONDS EAST ALONG SAID EAST LINE, 26.19 FEET; THENCE NORTH 04 DEGREES 33
MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 32.37 FEET; THENCE 153.37 FEET
ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 650.91 FEET, AND
CHORD BEARING NORTH 02 DEGREES 11 MINUTES 47 SECONDS WEST,153.01 FEET; THENCE
NORTH 08 DEGREES 56 MINUTES 47 SECONDS WEST ALONG SAID EAST LINE, 27.93 FEET;
THENCE 83.01 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF
1041.48 FEET, AND CHORD BEARING NORTH 04 DEGREES 30 MINUTES 12 SECONDS WEST,
165.49 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 13 SECONDS EAST ALONG SAID
EAST LINE, 587.11 FEET; THENCE SOUTH 73 DEGREES 51 MINUTES 32 SECONDS EAST, 52.04
FEET; THENCE NORTH 89 DEGREES 18 MINUTES 43 SECONDS EAST, 125.00 FEET; THENCE
SOUTH 58 DEGREES 17 MINUTES 46 SECONDS EAST, 93.86 FEET TO THE NORTHWESTERLY
LINE LOT 36 AS RECORDED IN THE SUBDIVISION PLAT OF MERIDIAN SUBURBAN IN PLAT
BOOK 2, PAGE 174; THENCE SOUTH 51 DEGREES 42 MINUTES 41 SECONDS WEST ALONG
SAID NORTHWESTERLY LINE, 70.00 FEET TO THE WEST LINE OF SAID LOT 36; THENCE
SOUTH 00 DEGREES 03 MINUTES 13 SECONDS WEST ALONG THE WEST LINE OF LOTS 36
AND 37, 200.00 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 37; THENCE SOUTH 32
DEGREES 31 MINUTES 40 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE,102.38 FEET
TO THE SOUTHERLY LINE OF LOT 38; THENCE SOUTH 70 DEGREES 36 MINUTES 57 SECONDS
EAST ALONG SAID SOUTHERLY LINE, 204.89 FEET TO THE NORTHWESTERLY CORNER OF
LOT 41; THENCE SOUTH 00 DEGREES 12 MINUTES 04 SECONDS WEST ALONG THE WEST
LINE OF LOT 41 AND LOT42, 160.00 FEET TO THE NORTHWEST CORNER OF LOT 43; THENCE
SOUTH 25 DEGREES 07 MINUTES 04 SECONDS WEST ALONG THE NORTHWESTERLY LINE
OF LOT 43, 67.62 FEET TO THE NORTH CORNER OF LOT 45; THENCE SOUTH 69 DEGREES 10
MINUTES 04 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 45 AND LOT 46, 219.97
FEET TO THE NORTHWEST CORNER OF LOT 46; THENCE SOUTH 03 DEGREES 51 MINUTES
56 SECONDS EAST ALONG THE WEST LINE OF LOT 46 AND LOT 16, 216.28 FEET TO THE
SOUTHWESTERLY LINE OF LOT 16; THENCE SOUTH 56 DEGREES 18 MINUTES 13 SECONDS
EAST ALONG THE SOUTHWESTERLY LINE OF LOT 16 AND LOT 15, 250.00 FEET TO THE
SOUTHWEST CORNER OF LOT 14; THENCE SOUTH 89 DEGREES 48 MINUTES 13 SECONDS
EAST ALONG THE SOUTH LINE OF LOT 14, 185.00 FEET; THENCE NORTH 00 DEGREES 11
MINUTES 47 SECONDS EAST, 32.00 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 47
SECONDS EAST, 166.00 FEET TO THE WEST RIGHT OF WAY LINE OF US 31; THENCE SOUTH
30 DEGREES 57 MINUTES 34 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE,186.27
FEET TO; THENCE SOUTH 00 DEGREES 09 MINUTES 01 SECONDS WEST ALONG SAID WEST
RIGHT OF WAY LINE, 540.00 FEET; THENCE SOUTH 26 DEGREES 42 MINUTES 55 SECONDS
WEST ALONG SAID WEST RIGHT OF WAY LINE, 2.76 FEET TO THE NORTH LINE OF DEED
BOOK 331, PAGE 109; THENCE SOUTH 89 DEGREES 31 MINUTES 16 SECONDS WEST ALONG
SAID NORTH LINE, 699.64 FEET TO THE POINT OF BEGINNING, CONTAINING 18.28 ACRES,
MORE OR LESS.
EXCEPT:
PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3 EAST,
IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH
89 DEGREES 31 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, 968.10 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 45 SECONDS EAST, 736.17
FEET; THENCE NORTH 89 DEGREES 31 MINUTES 17 SECONDS WEST, 153.54 FEET; THENCE
NORTH 00 DEGREES 21 MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF
INSTRUMENT NUMBER 2016014328 AS RECORDED IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY, 825.09 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES 13 SECONDS
EAST ALONG SAID EAST LINE, 26.19 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 04 DEGREES 33 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 32.37
FEET; THENCE 153.37 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS
OF 650.91 FEET, AND CHORD BEARING NORTH 02 DEGREES 11 MINUTES 47 SECONDS WEST,
153.01 FEET; THENCE NORTH 08 DEGREES 56 MINUTES 47 SECONDS WEST ALONG SAID
EAST LINE, 27.93 FEET; THENCE 83.01 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 1041.48 FEET, AND CHORD BEARING NORTH 04 DEGREES 30 MINUTES
12 SECONDS WEST, 165.49 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 13 SECONDS
EAST ALONG SAID EAST LINE, 587.11 FEET; THENCE SOUTH 73 DEGREES 51 MINUTES 32
SECONDS EAST, 52.04 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 43 SECONDS EAST,
125.00 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 46 SECONDS EAST, 93.86 FEET TO
THE NORTHWESTERLY LINE LOT 36 AS RECORDED IN THE SUBDIVISION PLAT OF
MERIDIAN SUBURBAN IN PLAT BOOK 2, PAGE 174; THENCE SOUTH 51 DEGREES 42
MINUTES 41 SECONDS WEST ALONG SAID NORTHWESTERLY LINE, 70.00 FEET TO THE
WEST LINE OF SAID LOT 36; THENCE SOUTH 00 DEGREES 03 MINUTES 13 SECONDS WEST
ALONG THE WEST LINE OF LOTS 36 AND 37, 200.00 FEET TO THE SOUTHWESTERLY LINE OF
SAID LOT 37; THENCE SOUTH 32 DEGREES 31 MINUTES 40 SECONDS EAST ALONG SAID
SOUTHWESTERLY LINE, 102.38 FEET TO THE SOUTHERLY LINE OF LOT 38; THENCE SOUTH
70 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY LINE, 204.89 FEET TO
THE NORTHWESTERLY CORNER OF LOT 41; THENCE SOUTH 00 DEGREES 12 MINUTES 04
SECONDS WEST ALONG THE WEST LINE OF LOT 41 AND LOT 42, 160.00 FEET TO THE
NORTHWEST CORNER OF LOT 43; THENCE SOUTH 25 DEGREES 07 MINUTES 04 SECONDS
WEST ALONG THE NORTHWESTERLY LINE OF LOT 43, 67.62 FEET TO THE NORTH CORNER
OF LOT 45; THENCE SOUTH 69 DEGREES 10 MINUTES 04 SECONDS WEST ALONG THE
NORTHERLY LINE OF LOT 45 AND LOT 46, 219.97 FEET TO THE NORTHWEST CORNER OF
LOT 46; THENCE SOUTH 03 DEGREES 51 MINUTES 56 SECONDS EAST ALONG THE WEST
LINE OF LOT 46 AND LOT 16, 216.28 FEET TO THE SOUTHWESTERLY LINE OF LOT 16;
THENCE NORTH 87 DEGREES 08 MINUTES 13 SECONDS WEST, 207.93 FEET TO THE POINT OF
BEGINNING, CONTAINING 6.16 ACRES, MORE OR LESS.