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CITY OF CARMEL/CLAY TOWNSHIP RECEIVED
HAMILTON COUNTY. INDIANA ,JUL 11 2007
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
DOCKET NO. 07070018 UV
FEE: $1,389.00, plus $111.00 per acre
DATE RECEIVED:
DOCS
1) Applicant: Technology Center Associates II LLC, by Matthew S. Skelton, Esq., BAKER & DANIELS, LLP
Address: 600 East 96th Street, Suite 600, Indianapolis, IN 46240
2)
Project Name: Technology Center - Midwest Academy
Phone:
3)
Engineer/Architect:
Attorney: Matthew S. Skelton, Esq., BAKER & DANIELS, LLP
Applicant's Status: (Check the appropriate response)
Phone:
Phone: 317.569.4835
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x (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
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Common address of the property involved: 801 Congressional Boulevard, Carmel, IN 41
Legal description: see attached.
Tax Map Parcel No.: 16-09-35-00-02-005.000 and 16-09-36-00-02-009.001 I.'if ~ ,. ~.M ~:: 5.~1
IAJ.,.
7) State explanation of requested Use 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 appeal).
4)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Technology Center Associates II LLC (REI Investments!
Owner's address: 11711 Pennsylvania St N Ste 200, Carmel IN 46032 Phone:
5)
Record of Ownership:
Deed Book No.llnstrument No. 200200082653 (Recorded on November 1, 2002)
Page:
Purchase date: September 30, 2002
The Use Variance request is to allow a "secondary education" school, as defined by Article 1, Chapter 3;
Definitions of the Zoning Ordinance, in the M-3 zoning district (see Appendix A: Schedule of Uses of the
Zoninq Ordinance).
BAKER & DANIELS LLP
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Page 1 of 8 - Z:\Sha'edlformsIBZA applicationsl Use Variance
JESSE M. POHLMAN
Land Use Consultant
Direct 317.569.4836
Direct Fax 317.237.8476
jesse.pohlman@bakerd.com
www.bakerdaniels.com
VI
INDIANA
EST. 1863
WASHINGTON, D.C CHINA
CARMEL
600 E. 96th Street, Suite 600
Indianapolis, IN 46240
NOBLESVILLE
970 Logan Street
Noblesviile, IN 46060
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8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
No modifications are proposed to the exterior of the building. The proposed use is compatible with the
character and uses within the area and allows the occupancy of an otherwise vacated building space.
9) Present zoning of the property (give exact classification): M-3
10) Present use of the property: office building
11 )
Size of 10Vparcel in question: 6.07 acres, more or less
acres
12) Describe the proposed use of the property: office building and secondary education school
13)
Is the property:
Owner occupied
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,
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: building exists
Builder: n/a
16) If proposed appeal is granted, when will the work commence?
As soon as possible.
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application
has been filed?
Petitioner will lease building space to Midwest Academy, Inc. (Academy Plus).
NOTE:
LEGAL NOTICE shall be published in the Indianaoolis 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
Page 2 of B - Z:\sharedlformslBZA appllcationsl Use Variance Application rev. 12/29/2006
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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: ~
fSroperty Owner, A orney, or Power of Attorney
Matthew S. Skelton, Esq., BAKER & DANIELS, LLP
(Please Print)
STATE OF INDIANA
SS: .'
County of 'tIam, / IrYJ
(County in which notarization takes place) .
Before me the undersigned, a Notary Public for #tlmt / lor;
(Notary Public's county of residence)
Indiana, personally appeared Lfi12JfIl ~ -' J 5, fi){o, ( ..f-e.c-, and acknowledge the execution of
(Property Owner, Attorney, or Power of Attorney)
County, State of
the foregoing instrument this
I / day of
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Notary Public--Please Print
My commission expires:
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Page 4 of 8 - Z:\shared\forms\BZA applications\ Use Variance Application rell. 12/29/2006
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NOTICE OF PUBUC HEARING BEFORE THE
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Docket No. 07070018 UV
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 23rd day of
July, 2007 at 6:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold
a Public Hearing upon a Use Variance application filed by Technology Center Associates II LLC,
represented by Matthew S. Skelton, to allow a secondary education school for the property commonly
known as 801 Congressional Boulevard, Carmel, Indiana 46032. The application is identified as Docket
No. 07070018 UV.
The real estate affected by said application is described as follows:
Block 11 in the Conditional Secondary Plat Carmel Science and Technology Park, a subdivision in
Hamilton County, Indiana, the plat of which is recorded in Plat Book 13, pages 65 thru 71 and amended
by Certificate of Correction recorded as instrument number 87-01640 in the Office of the Recorder of
Hamilton County, Indiana, except the following described parcels: Beginning at the Southwest corner of
the Northwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana
(5/8" rebar with cap marked "Schneider Engr. Corp."); thence North 88 degrees 59 minutes 30 seconds
East (Assumed Bearing) along the South line of said Northwest Quarter Section and along the South line
of said Block II a distance of 401.50 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp.";
thence North 01 degrees 00 minutes 30 seconds West a distance of 265.00 feet to a 5/8" rebar with cap
marked "Schneider Engr. Corp."; thence North 88 degrees 59 minutes 30 seconds East, parallel with the
said South line, a distance of 20.00 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp."; thence
North 01 degrees 00 minutes 30 seconds West a distance of 190.00 feet to a 5/8" rebar with cap
marked "Schneider Engr. Corp."; thence North 30 degrees 46 minutes 06 seconds West a distance of
118.64 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp."; on the Northerly line of said Block
II, which said point lies on a curve having a radius of 710.00 feet, the radius point of which bears North
34 degrees 31 minutes 39 seconds West (the next five courses are along the Northerly, Westerly, and
Southerly lines of said Block II); (1) thence Westerly along the arc of said curve a distance of 413.25
feet to a 5/8" rebar with cap marked "Schneider Engr. Corp." which bears South 01 degrees 10 minutes
44 seconds East from said radius point; (2) thence South 88 degrees 49 minutes 16 seconds West a
distance of 102.09 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp." and a curve having a
radius of 20.00 feet, the radius point of which bears South 01 degrees 10 minutes 44 second East; (3)
thence Westerly and Southerly along the arc of said curve a distance of 31.42 feet to a 5/8" rebar with
cap marked "Schneider Engr. Corp." which bears South 88 degrees 49 minutes 16 seconds West from
said radius point; (4) thence South 01 degrees 10 minutes 44 seconds East a distance of 420.00 feet to
a 5/8" rebar with cap marked "Schneider Engr. Corp." on the South line of the Northeast Quarter of
Section 35, Township 18 North, Range 3 East; (5) thence North 88 degrees 49 minutes 16 seconds East
along the South line thereof, and the South line of said. Block II a distance of 148.13 feet to the Point of
Beginning, (said exception contains 6.07 acres, more or less). Containing in all 11.26 acres, more or less.
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.
Technology Center Associates II LLC
by Matthew S. Skelton, Esq.
Baker & Daniels, LLP
600 East 96th Street, Suite 600
Indianapolis, IN 46240
(317) 569-9600
matt.skelton@bakerd.com
BDDSOl4817310vl
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LEGAL DESCRIPTION
Block 11 in the Conditional Secondary Plat Carmel Science and Technology Park, a subdivision
in Hamilton County, Indiana, the plat of which is recorded in Plat Book 13, pages 65 thru 71 and
amended by Certificate of Correction recorded as instrument number 87-01640 in the Office of the
Recorder of Hamilton County, Indiana, except the following described parcels:
Beginning at the Southwest comer of the Northwest Quarter of Section 36, Township 18 North,
Range 3 East in Hamilton County, Indiana (5/8" rebar with cap marked "Schneider Engr. Corp.");
thence North 88 degrees 59 minutes 30 seconds East (Assumed Bearing) along the South line of
said Northwest Quarter Section and along the South line of said Block II a distance of 401.50 feet
to a 5/8" rebar with cap marked "Schneider Engr. Corp."; thence North 01 degrees 00 minutes 30
seconds West a distance of 265.00 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp.";
thence North 88 degrees 59 minutes 30 seconds East, parallel with the said South line, a distance of
20.00 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp."; thence North 01 degrees 00
minutes 30 seconds West a distance of 190.00 feet to a 5/8" rebar with cap marked "Schneider
Engr. Corp."; thence North 30 degrees 46 minutes 06 seconds West a distance of 118.64 feet to a
5/8" rebar with cap marked "Schneider Engr. Corp."; on the Northerly line of said Block II, which
said point lies on a curve having a radius of 710.00 feet, the radius point of which bears North 34
degrees 31 minutes 39 seconds West (the next five courses are along the Northerly, Westerly, and
Southerly lines of said Block II); (1) thence Westerly along the arc of said curve a distance of
413.25 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp." which bears South 01
degrees 10 minutes 44 seconds East from said radius point; (2) thence South 88 degrees 49
minutes 16 seconds West a distance of 102.09 feet to a 5/8" rebar with cap marked "Schneider
Engr. Corp." and a curve having a radius of 20.00 feet, the radius point of which bears South 01
degrees 10 minutes 44 second East; (3) thence Westerly and Southerly along the arc of said curve
a distance of 31.42 feet to a 5/8" rebar with cap marked "Schneider Engr. Corp." which bears South
88 degrees 49 minutes 16 seconds West from said radius point; (4) thence South 01 degrees 10
minutes 44 seconds East a distance of 420.00 feet to a 5/8" rebar with cap marked "Schneider
Engr. Corp." on the South line of the Northeast Quarter of Section 35, Township 18 North, Range
3 East; (5) thence North 88 degrees 49 minutes 16 seconds East along the South line thereof, and
the South line of said. Block II a distance of 148.13 feet to the Point of Beginning, (said exception
contains 6.07 acres, more or less). Containing in all 11.26 acres, more or less.
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07070018 UV
Petitioner:
Technology Center Associates II LlC, by Matthew S. Skelton, Esq., BAKER & DANIELS, llP
FINDINGS OF FACT. USE VARIANCE
1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such
that enforcement of the zoning ordinance will result in unnecessary hardship because:
the proposed use is compatible with the surrounding area and an appropriate reuse of the existing building.
No exterior physical alterations will be made to the building.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the proposed use is compatible with the surrounding area and an appropriate reuse of the existing building.
No exterior physical alterations will be made to the building. No injury will result from approval of this
req uest.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
the proposed use is compatible with the surrounding area and an appropriate reuse of the existing building.
No exterior physical alterations will be made to the building. Approval of this request would allow
occupancy of an otherwise vacant tenant space.
4. The need for the variance arises from a natural condition peculiar to the subiect property because:
the technology building exists on the property today.
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
the proposed use is consistent with other school related uses permitted in the zoning district.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
07070018 UV 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.
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SITE fOCATIO~MAP
801 CONGRESSIONAL BOULEVARD
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INVESTMENTS
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LEASE BOARD
801 CONGRESSIONAL BLVD.
CARMEL, INDIANA
62,425 SJ.
25 MAY 06
NOT TO SCALE
25300-01
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. CARSON
DESIGN
. . ASSOCIATES
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. FAX 317.&43.5975