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. WCITY OF CARMEL - CLAY TOWNSHIW,
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $270,00 for the first variance, plus $83.00 for each additional section of the
ordinance being varied,
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. 01(801)?4." -- F-6l.-- [)qtfJtJ()"/6V ~ lt~~1? DATE RECEIVED
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1) Applicant: JBC 1, LLC
210 East 91&1 Street, Ste. "A," Indianapolis, IN 46240
Address:
2) Project Name: Woodhall Subdivision
Engineer/Architect: Lance Ferrell, Banning Engineering
Attorney: Joseph D. Calderon, Bose McKinney & Evans LLP
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (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:
Phone: 317 -844-4467
Phone: 317-707-3700
Phone: 317-684-5331
Phone:
5) Record of Ownership:
Deed Book NoJlnstrument No: 9909909362,9134171
Page: Purchase date:
6) Common address of the property involved:
Approx.
West 1 06th Street
Legal description: See Attached Legal Description
Tax Map Parcel No.:
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 that applies and/or creates the need for this request).
The Applicant seeks to develop 11.58 acres of currently undeveloped real estate, for a hiqh-end, 9-lot subdivision.
featurinq low or no maintenance of the various lots by the ultimate lot owners. Substantial real estate is beinq
devoted to common area, includinq more than 2 acres of preserved woodlands The Applicant proposes a
development standard variance to provide for a 3D-foot front setback line (40 feet required pursuant to Section
5.04.03A), and a 20-foot aqqreqate side yard setback (30 aqqreQate feet required pursuant to
Section5.0403(C)(1 )).
1004763_1 DOC
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Page 1 of 8 ~ z:\snarad\farms\RZA 8pplica!IQns,\ Development Standards Variance Application rt,2l/, 12./29J2006
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Present zoning of the property (give exact classification):
Size of lot/parcel in question: 11.58
Present use of the property: None
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9)
10)
11 )
S-1
acres
12) Describe the proposed use of the property:
13) Is the property: Owner occupied
Renter occupied
Other X
9 lot subdivision (Primary Pial Application to be filed on or before
October 19, 2007.)
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:
Builder:
16) If proposed appeal is granted, when will the work commence?
Spring 2008
17) If the proposed variance is granted, who will operate and/or use the proposed im provement for which this
application has been filed?
The property will be developed bv the Applicant and lots conveyed to individual purchasers. A Homeowners'
Association will ultimatelv be responsuible for the maintenance and upkeep of the subdivision.
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. 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 supportinq information has been submitted to
the Department of Community Services.
1004763_1DOC
Page 2 of 8 ~ >:\shared\forms\BZA applications' Developmenl Standards Variance "'pplication re,. 1212912006
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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.
By/Signed
Joseph D. Calderon, its attorney
(Please Print)
STATE OF INDIANA
County of
ss:
H-ort'", H~(\
Before me the undersigned, a Notary Public
(County in which notarization takes place)
for fv{6tVi OVl County, State of Indiana, personally appeared
(Notary Public's county of residence)
J.CSttl ~ D. C~a.yl and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
(~
day of ~h.e--r
,20 07
~~~narure
&fstfc L IftltlSG
otary Publlc--Please Print
(SEAL)
My Commission Expires:
q 11.3 / t)'1f
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1004763_1.DOC
Page 4 of 8 - z:\sh~red\forms\8ZA applications\ Development Standards Vl'Iriance ADPIJc~tion rev. 12/29/2006
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WNING CONSENT
The undersigned, owner(s) of the Real Estate described in Exhibit "A," attached hereto
and made a part hereof, hereby authorize lBCl, LLC, an Indiana limited liability company, and
its attorneys, Joseph D. Calderon, Paul Reis and Steven B. Granner, of Bose McKinney & Evans
LLP, to file Variance and Primary Plat applications and all other documentation necessary for
the approval of a subdivision of the Real Estate. The owners also consent to the proposed
subdivision of the Real Estate, including any necessary variances and subdivision waivers.
This consent shall remain in effect until revoked by a written statement filed with the
City of Carmel, Indiana.
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STATE OF INDIANA ) ~,r ~l Nm.:=:"-
) SS:<'l'Ii. ~ MyCommlslllonExplmAug.20.Z015
COUNTY OF J-jO-vn~ I~) '~I,?. ~
1\ <tL Subscribed and sworn to before me a Notary Public in and for said County and State, this
--1t!, _ day Cff:?tObe.r r:, 2 2'O.} 7.
m~1~
Notary Public
My Commission Expires: ~. ~61. 26/5
llJ oJ'le UaV' u,' lit _
Printed Signature
Resident of --Mt1 ot.{,Se-(l
, County, Indiana
lBCI_ Zoning nfWilson Property Zmllng ConseDt by Linda S Martin (3)
PoH1of the East Hart of the ~J~rtheast Qu~rtf!rof theNorttw~esl Quarter of the NortJ;wett QuatteroT Section 9, Township '17 N Olfh. Rarl~:e3
E:a"!:;t Clay Township, HamiltonJ:>ounty. I'ndiana, more parlicula.rly desCfibed as follows;
Commencing at the North\.....e!:t(;orner of the NorHIVu'est Quartero( Sectlon 9. TOIM1ShJp H North. RangeS E~st Clay rovm~hrp. HamHtol1
GOUl1ty~ Jndia,ml; ,Ihence North: 88 degrees 5'2 minutes 28 oSee-onds East ('assumed bi;:aiino) 13313)5 feet on Ibr~ Ntlrlh line ot sajd North~VMt
Quarter to th~~ POINT OF BE(;lNNING of this descrlption,~;,;)ld point being the NQrth~:ast OOH1et bf the- NOI't1w,rl;!st Quartar :of !laid NDrtblNesl
':Ou~lIter. said point being equidi!'.tant 'frorii and collineM wltl1 the Nor1hWest and NQrtheast t::otlleJs of said Nortij\'lesl Quarter,: thtlnce SblJtl1 :00
.dek/j"ees 2D millUtes 4.5 seconds Easl4313,S5fef!l. on the East Jine of tho Norttw,Iest Quarter of said NOttllW"-lst Quarter lCl a. :518 itlCh rebar W/C;fjp;
then<:e North 88 de.grees ::33 minutes 27 ~eeond:s West 278.02 teet to il 51Bim;h l"€bar w{cap: thence North bb degrMs 33 minutes '19 seconds
West 4Z4XJl teellbi!> PK Nail ''\\et on tbe North IJn{~ ,of said t\lorthwestQuarier ~t <) point located South Be. degl'ees ,52 m.nuins ,2'8 'secDnds \1\11::1$1
-fromlhe point of b~glmjingof 'this descript1on; thenc~ NOlth 88 -degrees 52 minuies 28 seconds East 278.,32 feet on the r,IQrih Bile of said
Notth\'~st Quarter to the .POINT OF BEGINNlNG. corthl.lnil1g~ 2.75 veres" more or less,
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ZONING CONSENT
The undersigned, owner(s} of the Real Estate described in Exhibit "A," attached hereto
and made a part hereof, hereby authorize mc 1, LLC, an Indiana limited liability company, and
its attorneys Joseph D. Calderon, Paul Reis and Steven B. Granner, of Bose McKinney & Evans
LLP, to file Variance and Primary Plat applications and all other documentation necessary for
the approval of a subdivision of the Real Estate. The o~ers also consent to the proposed
subdivision of the Real Estate, including any necessary variances and subdivision waivers.
This consent shall remain in effect until revoked by a written statement filed with the
City of Carmel, Indiana.
BURROWOOD FAMILY FARM, INC.
BY:~ QQ, ~, \^J~lP
ignature ~
CAR~/\'f }, IN \ lsOI\f'TI-
Printed, ame
(fro- s', ~
Title
STATE OF INDIANA
COUNTY OF /-10 m i lfcJ n
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. Before me, a Notary Public in and for said County and State, personally appeared
d~l Vii Ie. A. V\I d&,)n .::II: , by me known and by me known to be the
pr fSiiten+. of Burrowood Family Farm, Inc., who acknowledged the
execution of the foregoing "Zoning Consent" on behalf of said corporation.
WITNESS my hand and Notarial Seal this
~ Of.i2J.O l'+, .2007
W~. (0
Notary Public
~eU1a Va I/o (Ie
(Printed Signature)
My Commission Expires:
AJ~ 3; dOl J-
My <S unty of Residence:
J10 mi l-h.>Y)
(t)
DIANA VALLONE
Hamilton County
My Commission Expires
August 3, 2011
JBel_Zoning ofWlI"", l'rope<ly ZoningCo=". by BurrowoodFomily Farm I"" (4)
Part of the East Half (if the NQrth';vest 'QuartEr of the,NtJrt~west Quarter of Section 9,. Township 17 North. Range :3 East Clay Township,
Hamilton County, indi'i:!tla. Inor~ parricularly described CIS f0110v/$: '
Commencing at th~ North','iesl carner af the Northwest: Quattt.w (If Section 9. Tovvoslllp 17 North, Rilngt:>3 East Clay To'....nshlp. Hal1'l11toh '
Colin I)'. Itldjan~;thence North as de~re:e:s51 minutes 28 seconds East' (as~utm=d bear'ing) 99S.23 feet :oi1lh,~ North line of saId NorthWest
Q\Uil1er to the Northw-est cotner of the Easi Half of the Northeast tlu81ter of the Norihwe~1. Quartet :()f said NotthWeslQuarter, being the
tJorthwest corne,' of .the real e~;late d~scdbed ~.~ Parcell ota Third Cllrrl!o;iVi? WarralltJ Deed record~d,a$ ltl~trument No.ti90990'9361 Ih the
Office oftheRec:order. HamH!cn .county. Indian3. beIng the POINT OF BEGINNING oHhis description; thence continuing North 88 degre.es 52
minutes 2e seconds EMt 5::1..45 feet on the North line of saJd Northwest Quarter to the Northwlllst {:(lrner of the real est<lle t1ilsetJbedh1 'a,
W~rt:anty Deed recorded as 1r.5tnal1Mt No; 9134171 In ~aid Recorders Office; the 101l0'.vln9 tw'o (2) courses are on the perlm~ter .01 tl1e real
estate <leSetibed in said Jnstfwnent No. 9134171; 1.) tt1ence South 00 degrees 38 minutes1.g seconds East 424.07 feet; 2.) ttrenoe South 8$
dMreer. '33 minutes 27 seconds East 278,02 feei to the East line of tl1e Northwes.t Ouarter of said Northwest Cluartet';thence Sauth iOO degrees
26 mlnt/ii1S 4'5 seconds E~$' ~',98.62 feet On the East fine o()f fhe Northwest Ouarter of said Northwest Quaiier to [he .$o01heast oomer of the
Northwest Qual1erof jO'a:id {>jolthwest Quarter; theMe Sou[h 88 degrees 51 Illinllte~ 52 seconds West 423.08 feer Of.l the Sooth line of the
Northwest Quarter of :$<lIO t'tctthwest Quarter to a 5JSlliel:J dialllleter reb~r with yellow :capmatked WEIHE EN~l~ 'CJ01:2; thf;'!nce f-.lorth 00
degree~ 25 minule$ 56 secon(1$ West 667.62feet to.:l SiBilia!) diameter rebarwlth ~{lllow cap hlai'ked WEHE ENGR 0012 Oil the ~Jorth nhe (:If
the $Ollth Hillf of the NortllW€Gt Quarter of s<lid Northwest Quarter: thetn~e Norlh 88 degrees 52m'in.ul~$ 10 seconds East 90.01 feel on th(!!
I'Jorth line 01 the South Ha!fo'r lhe Northw(l'tlt Ol1arter {If said N;torthwest OUi1d~r to the Southwest eOJrlerC'i1 the E'i'lr,~ Half of the Northeasl
QLlarter of the NCJl1lwJesl Quarter of !'l:ild Norlhv/Bsl Quarter; thence North 00 degrees 25 mltiute~ 56 sflcor\d!l West 6Oi,fl'lteet on the West
I[ne of the East Htllf of the NtJrthea~i QuarterCif the Northwest Quarter of said Northwest QlJi'lrter to the POINT OF BEGINNING, containing
8.ila acres, ~cre or Jess,
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