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CITY OF CARMEL/CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
Al~PLICA TION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO.
DATE RECEIVED:
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USE VARIANCE
FEE: $1,389.00, plus $111.00 per acre
I) Applicant: Keystone Group, LLC
Address: c/o Ersal Ozdemir, 47 S. Pennsylvania St., Suite 1000, [ndpls, IN 46204
2) Project Name: Keystone Group LLC - Old Meridian Plaza Phone:
Engineer/Architect: See Exhibit "A" Contact List Phone:
Attorney: Charles D. Frankenberger Phone: 844-0 I 06
Nelson & Frankenberger Chm"lie@nf-Iaw.com
J) Applicill1t's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (b) The appl icant is the contract purchaser of the propelty
(c) Other:
4) If Item 3)( c) is checked, please complete the following:
Owner of the propelty involved: Hoosier Realty Investments, LLC
Owner's address: c/o Chris Reid, 805 City Center Drive
Suite 160, Carmel, IN 46032 Phone: N/A
5) Record of Ownership:
Deed Book N o./Instrument No. 2001-00022021 recorded 4/24/0 1 - See Exhibit "B"
Page: Purchase date:
6) Common address ofthe property involved: See Exhibit "B"
Legal description: See Exhibit "B"
Tax Map Parcel No.: ]6-09-26-04-02-011.000 and 16-09-26-04-02-012.000
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s)
of the Cannel/Clay Zoning Ordinance which appl ies and/or creates the need for this appeal).
See Exhibit "c" ~ Explanation of Use Variance
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8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
See Exhibit "D" - Findings of Fact
9) Present zoning of the property (give exact classification): OM/MU (Old Meridian/Mixed Use)
10) Present use of the property: Residential Homes
11) Size of lot/parcel in question: Approximately 2.5 acres
12) Describe the proposed use of the property: retail bui Iding
13)
Is the property:
Owner occupied
Renter occupied
Other
x
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 ofthis application? If yes, give
date and docket number, decision rendered and pertinent explanation.
Applicant will also be seeking re-plat approval and ADLS!DP approval
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number: NA
Builder:
NA
16) If proposed appeal is granted, when will the work commence?
Immediately upon obtaining all required approvals
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The Applicant, its successors, assigns and tenants
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 MANDA TORY, two methods of notice are
recommended:
Page 2 of g - Use Variance Application
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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 RESPONSlBILlTY 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 assigned until all supporting information has been
submitted to the Department of Community Services.
AFFlDA VIT
I hereby swear that] 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:
(0 .O~
Date:
ST A TE OF INOlANA
ss:
County of M !\R-'I Ok)
(County in which notarization takes place)
Before me the undersigned, a Notary Public for M A. R..\ Oi.J County, State of
(County in which notarization rakes place)
Indiana, personally appeared Ersal Ozdemir, Member of Keystone Group, LLC, and acknowledged the execution
of the foregoing instrument this ID".i day of )~Ci/(vJ-/A..,./""",-v{ ,20rzo
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Notary Public-Signature
AI'JOlL&-A f2-v~ LL-
Notary Public-Please Print
My commission expires:
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ANDREA M. ROELL
NOTARY PUBLIC STATE OF INDIANA
MARION COUNTY
MY COMMISSION EXP NOV. 8, 2008
1.
Applicant
2.
Attorney
3.
Engineer
4.
Architects
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EXHffiIT "A"
CONT ACT LIST
Keystone Group, LLC
c/o Ersal Ozdemir
47 S. Pennsylvania Street, Suite 1000
Indianapolis, IN 46204
Phone: 317-636-2000
Email: (;1~~<.ll!{/)~~.;;:..-~Qrp.com
Charles D. Frankenberger
Nelson & Frankenberger
3] 05 E. 98th Street, Suite 170
Indianapolis, IN 46280
Phone: 317-844-0 I 06
Email: Charlieia)nf..la\vcQ!.ll
American Structurepoint, Inc.
Alan Fetahagic and Bill Butz
7260 Shadel and Station
Indianapolis, IN' 46256
Phone: 317-547-5580
Email: Afctalwgic(il)stru(.;[urepoillt.com
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Rottmann Architects, Inc.
Todd Rottmann and John Suter
4 7 S. Pennsylvania Street, Suite 1010
Indianapolis, IN 46204
Phone: 638-3184
Email: Todd(a)roUmClllnal.chikcts.com
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H:\Elocky\Zunillg & Real E!'llilte: Mmler<;\,Keysmne Group\CONT,Il,CT LlST,dI:x:
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EXHIBIT "B"
Le2al Description
Lot Eight (8) in R.A. Franke's Subdivision, a subdivision of a part of the southeast quarter of Section
26, Township 18 North, Range 3 East, as per plat thereof recorded November 4, 194 I in Deed Record 128, page
197.
Except 273.40 feet by way of parallel lines off of the entire East side of Lot Eight (8) in R.A. Franke's
Subdivision described above.
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EXHffiIT ~'C"
EXPLANATION OF USE VARIANCE
Keystone Group, LLC ("Keystone") is the contract purchaser of approximately 2.5 acres of real estate
that is located east of and adjacent to Old Meridian Street and north of Cannel Drive ("Real Estate"). The Real
Estate is zoned OMIMU (Old Meridian/Mixed Use). Keystone is seeking ADLS/DP approval from the Plan
Commission to allow the construction of a four (4) story retail building that will be approximately 60,000 square
feet in size ("Building").
Tom Mullins and Julie Zugelder are veterinarians who operate a veterinary facility, including an
outdoor kennel, located north of the Real Estate and near the northeast intersection of Old Meridian and Main
Street. Tom and Julie desire to relocate their veterinary clinic from its current location to a portion of the
Building to be constructed upon the Real Estate. Once this occurs, Tom and Julie's clinic will no longer have an
outdoor kennel, but instead will have a kennel that is completely indoors.
A veterinary hospital with a commercial kennel is not a permitted use in the OM/MLJ zoning
classification. Thus, in order for Keystone to construct a new facility within the Building for Tom and Julie,
Keystone is seeking this use variance allowing a veterinary hospital with a commercial kennel.
In conjunction with the use variance request, Keystone is also seeking ADLS/DP approval for this
project.
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EXHIBIT "0"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
- Use Variance for veterinarv.hospitalwith commercial kennel
Keystone Group. LLC. and its successors. assians and tenants
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 conditions(s)
such that enforcement of the zoning ordinance will result in unnecessary hardship because:
The subiect site is zoned OM/MU (Old Meridian/Mixed Use) and this zonina classification does not permit a
veterinary hospital with a commercial kennel. However. the current zoning does permit a wide variety and a
mix of many different business and office uses in this oeneral area. A veterinary hospital with a commercial
kennel would be consistent and compatible with these surroundinq uses. Enforcement of the current zenina
classification of OM/MU results in an unnecessary hardshib because the Petitioner would be prevented, absent
a use variance. from developing on the real estate a veterinary hospital with a commercial kennel. The
orantina of the reauested use variance would not be contrary to public interest because the use is compatible
and consistent with the existino uses that surround the real estate.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
In addition to the same rationale as is set forth in Response Numbered One (1) above. the orantina of the
requested use variance Will allow for a use that is not inconsistent or incompatible with the uses that surround
the real estate. Thus. the grant of the requested use variance will not be iniurious to the public health. safety,
morals and Qeneral welfare of the community.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
In addition to the same rationale as is set forth in Response Numbered One (1) and Two (2) above. the current
zoning classification for this aeneral area permits a mix of many different types of business and office uses and
the arantina of the requested use variance. should not substantially affect in an adverse manner the uses or
values of the properties that are adiacent to the real estate.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
In addition to the same rationale as is set forth in ReSPonse Numbered One (1), Two (2) and Three (3) above.
the need for this use variance does arise from a natural condition peculiar to the subiect property because the
current OM/MU zoning does not permit a veterinary hospital with a commercial kennel. but this use would not
be inconsistent or incompatible with the surrounding uses.
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
In addition to the same rationale as is set forth in Response Numbered One (1). Two (2). Three (3) and Four
(4) above, the proposed use variance is consistent with the surrounding uses and is compatible with the
princioles and ouidelines contained in the Comprehensive Plan applicable to this aeneral area of the Old
Meridian corridor because the reauested use variance provides a mix of uses for this qeneral area. Thus, the
QrantinQ of the requested use variance would not substantiallv interfere with the Qeneral principles and
quidelines of the Comprehensive Plan that encourages a mix of uses for this aeneral area.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
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is granted, subject to any conditions in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
Adopted this _ day of
,2008.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Condition of the Board are listed on the back.
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lLL RIGHTS RESERVED THIS DESIGN IS THE EXCLUSIVE CONFIDENTIAL PROPERTY OF IMAGEMARK, INC.
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NELSON & FRANKENBERGER
JAMES J NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VEl{
LAWRENCE J. KEMPER
JOHN B. FLATT
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317-844-0106
FACSIMILE: 317-846-8782
www.nf-Iaw.com
FREDRIC LAWRENCE
DA VTD J_ LICHTENBERGER
JESSICA S. OWENS
Of Counsel
JANE B. MERRILL
January 11,2008
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Via Hand Delivery:
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Christine Barton Holmes
City of Carmel
One Civic Square
Carmel, IN 46032
RE: Old Meridian Plaza
Dear Christine:
Enclosed is our application, and accompanying drawings for a Use Variance to be
considered by the Board of Zoning Appeals on February 25, 2008.
On January 18, 2008, we will file the attended applications for ADLS, DP, and
replat, and we will go to TAC, on all applications, on February 20, 2008. When we :file
these additional applications, we will file all required drawings, thereby also
supplementing the enclosed application for a Use Variance.
Should you have any questions or comments, do not hesitate to call me. Thank
you.
Very truly yours,
NELSON & FRANKENBERGER
C'~
Charles D. Frankenberger
CDF /bjt
Enclosures
H:1Bc:ck~.\Z<Ulif1g & RC<l1 Estate MaUcrs'l.l(cys!PRC G[oQupI.Lb '0 C B Holmes UJ J HJ3.dQl;;
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NELSON & FRANKENBERGER
January 18,2008
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SEINA VBR
LAWRENCE 1. KEMPER
JOHN B. FLA IT
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280 (3.)
PHONE: 317-844-0106
FACSIMILE: 317-846-8782
www.nf~law.com
Christine Barton Holmes
Rachel Boone
Carmel Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Old Meridian Plaza
Use Variance
Docket No. 08010004UV
Dear Clu'istine and Rachel:
Enclosed is the filing fee in the sum of $1,716.65. To supplement the file, we have
also enclosed the foHowing:
1. Construction Plans;
2. Lighting Plans and Cut Sheets;
3. Landscape Plans;
4. Site Plan;
5. Signage Plan;
6. Elevations; and
7. TheRe-Plat.
In the near future, we would like to meet with you and with Angie Conn, as well, to
review the plans and to identify (i) any additional variances that will be required and (ii) any
additional information you may need. To this end, I will soon be emailing you.
Should you have any questions or comments, please do not hesitate to call me. Thank
you.
Very truly yours,
NELSON & FRANKENBERGER
C~~
Charles D. Frankenberger
CDF/bjt
Enclosures
H:\B~lq'\ZQning & Rel'll Esmc 1\.i1tlli:l'$\KcYSlon~ G~()Up'\LU 10 C IJ Holmes and R Boone OJ lSOB.doc
NELSON & FRANKENBERGER
JAMES 1. NELSON
CHARLES D. FRANKENBERGER
.JAMES R SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLATT
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317-844-0106
FACSIMILE: 317-846-8782
\VWW.nf-law,com
Februmy 14,2008
Christine Barton Holmes
Rachel Boone
Department of Community Services
Cam1el City Hall
One Civic Square
Cannel, IN 46032
RE: Keystone Group - Old Meridian Plaza
Use Variances and Development Standards Variances
Dear Christine and Rachel:
FREDRIC LAWRENCE
DAVID 1. LICHTENBERGER
JESSICA S. OWENS
Of Counsel
JANE Bi"MERR~L
~~:~~
I i FEB 1 5 IJ1"Q .;J
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Enclosed are fourteen (14) informational brochures for the upcoming meeting for the
Board of Zoning Appeals occurring on February 25, 2008. Should you have any questions or
comments regarding these, please do not hesitate to call me, and we look forward to meeting
with you at 9:30 a.m. on Monday, February 18, 2008.
Thm1k you.
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
CDF/lgd
Enclosures