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RECEIVED
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of
the ordinance being varied.
All Other $1,090.00 for the first variance, plus $515.00 for each additional section of the ordinance being
varied OR see Hearing Officer Fees 1f'h t/f,;'/I'It.--t. I./VI
DOCKET NO. ~Lh_01/rO()tC) -V VV DATE RECEIVED: 1- - ~ ...00
1) Applicant: Keystone GrouP. LLC
Address: c/o Ersal Ozdemir. 47 S. Pennsylvania St.. Suite 1000. Indols.. IN 46204
2)
Project Name: Old Meridian Plaza
Phone: See Exhibit A
Engineer/Architect: See Exhibit "A" Contact List
Phone: See Exhibit A
Attorney: Charles D. Frankenberaer
Phone: 844-0106
Contact Person: See Exhibit "AU
Em-ail: See Exhibit "A"
Phone: See Exhibit A
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: Hoosier Realty Investments. LLC
Owner's address: c/o Chris Reid. 805 City Center Drive. Ste 160, Carmel. IN 46032
Phone N/A
5) Record of Ownership:
Deed 800k No.llnstrument No. 2001-00022021 recorded 4/24/01 - See Exhibit "8"
Page:
Purchase date:
6) Common address of the property involved: See Exhibit "8"
Legal description: See Exhibit "8"
Tax Map Parcel No.: 16-09-26-04-02-011.000 and 16-09-26-04-02-012.000
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 that applies and/or creates
the need for this request).
A developmental standards variance is reauested from Section 20G.05.04C(1) of the Zonina
Ordinance to allow a buildina to OCCUpy less than 70% of its frontaae on Old Meridian Street.
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8) State reasons supporting the Development Standards Variance: (Additionally. complete the
attached question sheet entitled "Findings of Fact-Development Standards Variance").
See Attached - FindinQs of Fact
9) Present zoning of the property (give exact classification): OM/MU (Old Meridian/Mixed Use)
10) Size of loUparcel in question: Approximatelv 2.5 acres
11) Present use of the property: Residential Homes
12) Describe the proposed use of the property: retail buildinq
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 of this application? If
yes, give date and docket number, decision rendered and pertinent explanation.
Applicant will also be seekinq 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?
Immediatelv upon obtaininq all required approvals
17) If the proposed variance 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 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 1WENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all supportina information has been submitted to
the Decartment of Community Services.
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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 applica' subsequent hearings and testimony.
....
By:
Ersal Ozdemir, Member
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Signed:
Date:
STATE OF INDIANA
ss:
County of f(\ I\~\ON
Before me the undersigned, a Notary Public for M A R.( oN County, State of
(County In which notarization takes place)
Indiana, personally appeared Erssl Ozdemlr, Member of Keystone Group, LLC, and acknowledged the
execution ofthe foregoing instrument this g"Pl day of f"fB~UJl.\.R.Y ,2008.
-)~~?~
Notary Public--Signature
ANDREA M. ROELL
NOTARY PUBLIC STATE OF INDIANA
MARrON COUNTY
MY f=OMMISSION fXP Nov. 8, 2008
~~O ~f Il\ ,\<-OE:. LL-
Notary Public-Please Print
My commission expires:
(("'a-OB
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
V4~,,,,,- ~
Docket No.: D1;.:8t2 IG II (/' v
/' "
Petitioner: Kevstone Group, LLC, and its successors. assiqns and tenants
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because:
The length ofthe building's frontage on Old Meridian Street will be only nominally less
than 70% of the site's frontage on Old Meridian.
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 length of the building's frontage on Old Meridian Street will be only nominally less
than 70% ofthe site's frontage on Old Meridian.
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:
The length of the building's frontage on Old Meridian Street will be only nominally less
than 70% of the site's frontage on Old Meridian, and the required location of the entrance
prohibits the building from occupying a portion of the frontage of the site.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development
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 . 20
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).
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
0'6020D/0 \/
Petitioner: Keystone GrouP. LLC. and its successors. assiqns and tenants
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS
DAY OF
,20
Board Member
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