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February 9, 2001
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BROWNING
INVESTMENTS,
INC.
Members of the Cannel
Board of Zoning Appeals
One Civic Square
Cannel, IN 46032
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fEB 12 2001
DOCS
Suite 200
Capital Center
251 North Illinois Street
Indianapolis, Indiana 46204
(317) 237-2800
Re: Docket No. V-18-01
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Investments
Real Estate Development
Leasing
Property Management
Dear Board Members:
Mayflower Park Associates, LLC ("MP A") is the owner of an office/warehouse
business park located on Michigan Road. MP A is seeking a variance from Section 2.4 of
the Zoning Ordinance for the City of Cannel and Clay Township, to allow a lot with
frontage on a publicly dedicated road of 15 feet. With the addition of an adjacent private
15 foot ingress/egress easement, the access to the parcel will be 30 feet.
Approval of this variance request will allow the owner to subdivide this parcel to
accommodate the proposed development on Lot 5 and the adjacent Lot 4.
This proposal will be a matter of public hearing to be considered as part of the
February 26, 2001, Board of Zoning Appeals agenda. I would appreciate it if you would
take an opportunity t review this material in preparation for this meeting.
If you have any questions, please contact me.
Sincerely,
+;J')
James W. Browning
Vice President
Real Estate Development
Enclosures
F:\USERSlTlm\A-JWB\letters\members0209.doc
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
Application For Board Of Zoning Appeals Action
Developmental Standards Variance Request
Fee: $630.00 for the first plus $70.00 for each additional section of the ordinance being varied.
Docket No.:
V-18-01
Date Received:
1. Applicant: Mavflower Park Associates, LLC
Address: 251 N Illinois Street. Indianapolis. IN 46204
2.
Project Name: Mavflower Park
Phone: (317) 237-2828
Phone: (317) 634-6434
Phone: (317) 569-9600
Engineer/Architect: Mid-States EnQineerinQ
Attorney: Joe Scimia
3. Applicant's Status: (Check the appropriate response)
x (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:
Owner's address:
5. Record of Ownership:
Deed Book No.llnstrument No. A) 970972 5449 B) 970972 54450 C) 970972 5457 D) 970972 5460
Page: N/A
Purchase date: 06/26/97
6. Common address of the property involved: Mayflower park
Legal Description: See attached Exhibit A
Tax Map Parcel No.: 13-07-00-00-061.000
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 which applies and/or creates
the need for this request).
See attached Exhibit B
8. State reasons supporting the Developmental Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact - Developmental Standards Variance").
See Exhibit C
9.
Present zoning of the property (give exact classification): 1-1
Industrial District
10. Size of 10Uparcel in question: 5.832 acres
11. Present use of the property: Vacant
12. Describe the proposed use of the property: Officelwarehouse
13. Is the property: Owner occupied N/A
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, decision rendered and pertinent explanation.
None
15. Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder:
16. If proposed appeal is granted, when will the work commence?
Undetermined
17. If the proposed variance is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
Owner
Note:
LEGAL NOTICE shall be published in the Noblesvil/e Daily Ledger 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 right 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).
EXHIBIT A
Legal Description
Lot 5, Block 1
Part of Block 1 in Mayflower Park, the Secondary Conditional Plat of which is recorded
as instrument Number 9809822612 in the Office of the Hamilton County Recorder's
Office being more particularly described as follows:
Part of the fractional Southwest Quarter of Section 7, Township 1 7 North, Range 03 East
of the Second Principal Meridian, Clay Township, Hamilton County, Indiana being more
particularly described as follows:
Commencing at the Southwest comer of the fractional Southwest Quarter of Section 7,
Township 17 North, Range 03 East: thence on the West line thereof, North 00038'28"
W est (all bearings recited in this description are referenced from the South line of the
Southwest Quarter of Section 7 , Township 17 North, Range 3 East, the bearing of which
being assumed as North 90000'00" West) a distance of 29.41 feet to the Southeast comer
of the Southeast Quarter of Section 12, Township 17 North, Range 02 East: thence
continuing on the West line or the fractional Southwest Quarter of said Section 7, North
01006'10" East 718.58 feet to the Point of Beginning of the herein described real estate:
thence continuing North 01006' 10" East 442.36 feet: thence South 89049' 12" East 450.88
feet to a point in the West line of said Lot 1, Block 2, In Mayflower Park, the Final
Secondary Plat of which is recorded in Instrument Number 200000045587, and amended
by a Surveyor's Certificate of Correction, recorded in Instrument Number
200000050646, both in the Office of the Recorder of Hamilton County, Indiana: thence
on and along the West and South lines of said Lot 1, Block 2, the following two (2)
courses: 1) South 00012'00" West 18.72 feet: 2) South 89049'12" East 608.84 feet to a
point in the East line of Mayflower Park Drive (60 feet in width) as shown on said
Secondary Conditional Plat for Mayflower Park: thence on and along said East line,
South 00012'00" West 15.00 feet to the Northeast comer of Lot 2, Block 1 in Mayflower
Park, the Final Secondary Plat of which is recorded in Instrument Number 200000045586
in said Recorder's Office: thence on the North and West lines of said Lot 2, Block 1 the
following two (2) courses: 1) North 89049'12" West 501.52 feet: 2) South 01006'55"
East 402.40 feet: thence South 89033'10" West 574.45 feet to the Point of Beginning:
containing 5.832 acres, more or less: subject to rights-of-way, easements and restrictions.
EXHIBIT B
Explanation of Requested Zoning Variance
The applicant is requesting a Development Standards Variance from Section 2.4 of the
Zoning Ordinance for the City of Carmel and Clay Township, Hamilton County, Indiana,
to allow a lot with frontage on a publicly dedicated street of 15 feet.
Not that with the addition of an adjacent private 15 foot ingress/egress easement, the
access road to the parcel will be 30 feet.
EXHIBIT C
Reasons Supporting Zon.ing Variance
State reasons supporting the zoning variance. (Additionally complete the attached
question sheet entitled "Findings of Fact")
1. See Exhibit B
2. Findings of Fact attached.
Carmel/Clay Board of Zoning Appeals
Carmel, Indiana
Docket No.:
v- I~, 6{
fAA-{t:l1NV ftr4fl.. ~SDq"'1'eb I tL&
Petitioner:
.;
Findinas of Fact - Developmental Standards Variance
1. The approval of this variance will not be injurious to the public heath, safety, morals and general
welfare of the community because:
The proposed access to the property will be connected to a publicly dedicated road and provides
adequate access to the parcel and therefore does not pose any threatenina affect on the
community or to the adiacent land owners.
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:
The parcel is accessible from a dedicated road and any reduction in the frontaae will not pose
any neaative affect on the adiacent parcels. Also. the adiacent 15 foot inQress/eQress private
easement will provide a 30 foot drive to the property which is adequate for the intended use of the
parcel. The maintenance of the road will be the responsibility of Mayflower Park as provided for
in the Declarations & Covenants.
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:
Due to the location of this parcel in the park. the property could not maintain compliance with the
Subdivision Control Ordinance and be subdivided in a practical manner for the purpose of the
proposed development. Also. extendinQ a publicly dedicated street to the parcel would result in a
dead end road which is aenerally undesirable to the City and County.
Decision
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning appeals that Developmental
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
.200_,
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).
Exhibit C
Page 8 of 12 - Development Standards Variance Application
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, authorized
the applicant to act on my behalf with regard to this application and subsequent hearings and testimony.
Signed:
Date
Signed:
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(Please Print)
STATE OF INDIANA
ss:
County of 7J1 ~~
(County in which notarization takes place)
before me the undersigned, a Notary Public for
711~
(Notary Public's County of Residence)
County, State of Indiana, personally appeared
s W" "13nrwn (
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing
instrumentthis 1"" day of j k aAl1
,2001.
(SEAL)
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My commission expires:
liUdh1 ~ .;? IX) '1
Page 4 of 1 0 - Development Standards Variance Application
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL BOARD OF ZONING APPEALS
Docket No. V-18-01
NOTICE is hereby given that the Carmel board of Zoning Appeals ("Board"),
meeting on the 26th day of February, at 7:00 o'clock p.m., in the Council Chambers,
Second Floor, City Hall, One Civic Square, Carmel, Indiana 46032, will hold a Public
hearing upon an Application for a Developmental Standards ("Application") for the 5.832
acre parcel of real estate commonly known as Mayflower park and located at
The Application requests a variance from section 2.4 of the Zoning Ordinance of
the City of Carmel, Clay Township, Indiana to allow a lot with frontage on a publicly
dedicated street of 15 feet.
The application is identified as Docket No. V-18-0l
The Real Estate is zoned I-I Industrial district under the Zoning Ordinance of the
City of Carmel, Indiana.
The Real estate s legally described on Exhibit "A" attached hereto.
All interested persons desiring to present their views on the above application,
either in writing or verbally, will be given an opportunity to be heard at the above
mentioned time and place. Written objections to the application that are filed with the
Secretary of the Board before the hearing will be considered. Oral comments concerning
the application will be heard at the hearing.
A copy of the application and Plans are on file for examination at the Office of the
department of community services, One civic square, Carmel, Indiana 46032.
The hearing may be continued from time to time as may be found necessary.
CARMEL BOARD OF ZONING APPEALS
Ramona Hancock
APPLICANT
Mayflower Office Building, LLC
C/o Browning Investments, Inc.
James W. Browning
251 N. Illinois street, suite 200
Indianapolis, Indiana 46204
(317) 237-2828
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LOT 5. BLOCK'
Part of Block 1 In Way-flower Pork. theSecondCll"'Y Conditional 'Plat
o-f which Is recorded QI Instrument Number 9809822612 In the OffIce of
the Haml I ton County Recorder's OfT I ceo be I ng lIlCI""e part i cu I or I y
descr I bed CJ8 fo.1 I owe:
. Part of the fract I 0;,0 I Southwest Quarter of SecT i en 7. Town&h Ip
17 Norih, Range 03 East' of the Second PrincIpal Meridian. Clay
Township. HamIlton County. Indiana. being mere parTIcularly described
aa follows:
. Cannenc I ng at the Southwest corner of the. fracT I ono ,- SouThwest
Quarter of SeCTion 7. TownshIp 11 North. Range 03' EasT; thence on. the
WeST II.ne Thereof. North 00'38'28" West (011 bearings recIted in this
descrIpTion are rei'erenced fran the SOUTh line of the SouThwest
aucirTer ai' SecTion 7. TownshIp 17 North. Range 3 EOST. the bearing of
which being 08SU1'l18d os NorTh 90'00'00" West! 0 dIstance of 29.41 feet
to the Southeast corner of. the SCXJtheoST Quarter oT Sect ion. 12.
Township 17 North. Range 02 EaST; thence continuIng on the West - line
aT the fractional Southwest QuarTer of sold SectIon 7. North 01'06'10"
East 718.58 - feet to the PoInt of BeginnIng of the hereIn described
real 88tot9; thence. contInuIng North 01'06'10. East 442.36 feet;
thance South 89'49'12" East 450.88 f8et to 0 poInt in the West I ioe of
sold Lot 1. Block 2, In Mayflower Park. the Final Secondary Plot of
which Is recorded In Instrument Number 2000000~55a7. and amended by 0
Surveyor's CertlTlcate of' Ccr-rectlon. recorded In JnstrumentNuntler
200000050646, both In the Of11ce of the Recorder of Hami I ton County,
J nd t onc:JI thence on and a I cog the West and South II nes of so I d LOT 1 .
Block 2. the following two (21 courses: 1 I South 00'12'00. West 18.12
feetl 21 South 89-49'12- East 608.84 feet to 0 point In the Eost line
of Mayf I ower Park Or I ve (60 feet In wi dth) as shown on so I d Secondary
Conditional Plot for Mayflower Park; thence on and olonO sold East
line. SOUTh 00-12"00" West 15.00 feet to the Northeast corner of Lot
2.. Block 1 In May-flower Pork. the F'lnol Secondary Plot aT which Is
recorded In Instrument Number 200000045586 In sold Recorder.'s Offlcel.
thence on the North and West lines of so Id Lot 2. Block 1 the
following TWO .(2) courses: 11 North 89'49'12" West-501.52 feet; 2)
SOuth 01'06'55" East 402.40 feetl thence South 89'33'10. West 57~.45
feet to the Point of Beginning; containing 5.832 acres. more or .Iessl
subject to rights-of-way. easements and restrictions. -
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LOT SA
2.00/V;.
SOLD
UNDISTlJRBED AREA
~For:
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Mid-States Engineering
111 O903\sales.dgn
LOT 3
1.00 /V;.
LOT 4
3.00 /V;.
SOLD
LOT 5
4.83 Ac.
LOT 5B
7.61 Ac.
SOLD
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4.75 Ac. (Net)
BLOCK 12
5.30Ac.
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SOLD
3.30 Ac.
SOLD
5.832 Ac.
SOLD 1.00 Ac.
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BLOCK 10
10.26 Ac.
SOLD
21.59 Ac.
SOLD
BLOCK 15
7.13/v;'
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BROS.
BLOCK 2
3.73Ac.
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Mayflower Park
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o 300' 600'
DATE: 01-08-01
SECONDARY FINAL PLAT FOR LOTS 4, 5 & 6 OF BLOCK
MAYFLOWER PARK DRIVE IN MAYFLOWER PARK
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