HomeMy WebLinkAboutApplication
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RECEIVED
OCT 23 2002
DEVELOPMENTAL STANDARDS VARIANCE REQUEST DOCS
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$630.00 for the first plus $70.00 for each additional section of the ordinance beiq'g la~ 40
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DATE RECEIVED: October ,2002
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CITY OF CARMEL - CLAY TOWNSHIP ,
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HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DOCKET NO.
1) Applicant: Duke Realty Limited Partnership
Address: 600 E. 96th Street, Suite 100, Indianapolis, IN 46240
2)
Project Name: Hamilton Crossing Building VI
Phone: 317-808-6179
Engineer/Architect: Alan Tucker. CSO Architects
Phone: 317-848-7800
Attorney: John K. Smeltzer, Bose McKinney & Evans LLP
Phone: 317-684-5317
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:
Phone:
5) Record of Ownership:
Deed Book No.llnstrument No. 9501297
Page:
Purchase date:
January 10, 1995
6) Common address of the property involved: 13085 Hamilton Crossing Boulevard
Legal description: See attached description.
Tax Map Parcet No.: 16.09.26.00. :)0.017.000
7) State explanation of requested Developmental 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 Description of Request.
Page' of 8 - Developmental Standards Variance Application
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State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Developmental Standards Variance").
The combination of the property needed to be reserved for the proposed 131st Street
interchange and the need for a parking garage. structure to serve this proposed
5-story office building makes it very difficult, if not impossible, to comply
with all development standards.
B-5 & B-2 / U.S. Highway 31
9) Present zoning of the property (give exact classification): Corridor Overlay Zone
Size of lot/parcel in question:
10.002
acres
10)
11)
Present use of the property:
Vacant
12) Describe the proposed use of the property: 5-story 180.000 square foot office building with
an adjacent 373 space parking garage.
13) Is the property: Owner occupied
Renter occupied
X (,,,ill be)
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.
SV-94-89. approved sign variances for overall sign program.
V-95-89, approved illumination from accessory lighting to exceed 0.1 foot-candle
beyond a lot line.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N I A
Builder: N I A
16) If proposed appeal is granted, when will the work commence?
As soon as possible
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Duke Realty Limited Partnership
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledqer 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.)
Page 2 of 8 - Deveiopmental Standards Variance Application
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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 TVVENTY-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.
The applicant certifies by signing this application that he/she has been advised that all representations of the
Department of Community Services are advisory only and that the appHcant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
I,
, Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
(See list - to be filed.)
Auditor of Hamilton County, Indial1a--Signature
Date
Page => of 8 - Developmental Standards Variance Application
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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
sig,natures, 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 th is application and subsequent hearings and testimony.
t(p t ~ I (&.;,,~ {
Date
/D /2 2/b2.
~.JG-'-A-s 6. ~{(, V.A ~befu~l (;..ws;~
(Please Print)
STATE OF INDIANA
55:
County of
HAMILTON
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
Harion
. (Notary Public's county of residence)
County, State of Indiana, personally appeared
\)OUG;-t.A'"S (. Gvt.f6e..1 \1. {). ! ~ fLl) ~'I "wS.e(and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
:2 2. to
day of
October
,2002
k 1k---
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Notary Public--Signature
(SEAL)
,
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Steven B. Granner
Notary Public--Please Print
My commission expires:
10-23-2008
Page 4 of 8 -- Developmental St"ndards Vanance A~plica\io"
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EXHIBIT A
PAGE 1 OF2
A LAND BOUNDARY DESCRIPTION OF
BUlLDlNG 6 AT HAMU.-TONCROSSING
11AM~TONComnY>llim~A
AUGUST 27, 2002
A part of the Southwest Quarter of Section :26, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows: Conunencing at the northwest corner of said
quarter section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north
line of said quarter section to the northerly extension of the eastern right-of-way lioe of Meridian
Corners Boulevard; thence South 00 degrees 25 minutes 34 seconds Bast 40.00 feet along said
northerly extension to the southern right-of-way line of East l3lrt Street and the POINT OF
BEGINNING of this description: thence North 88 degrees 42 minutes 47 seconds East 895.02
feet along said southern right.of-way line; thence South 84 degrees 01 minute 56 seconds East
284.81 feet along said southern right-of~way line to the western 145-foot half right-of-way line of
U.S. 31; thence along said western right-of-way line Southerly 243.08 feet along an arc to the left
and having a radius of 2,436.83 feet and subtended by a long chord- having a bearing of South 12
degrees 46 minutes 17 seconds West and a lengrh of 242.98 feet; thence North 90 degrees 00
minutes 00 seconds West 332.62 feet~ thence South 43 degrees 27 minutes 50 seconds West
351.72 feet; thence Northwesterly, and Westerly 160.70 feet along an arc to the left and having a
radius of 207.00 feet and subtended by a long chord having a bearing of North 68 degrees 11
minutes 13 seconds West and a length of 156.69 feet; thence South 89 degrees 34 minutes 26
seconds West 401.00 feet; thence North 00 degrees 25 minutes 34 seconds West 446.53 feet to
the POINT OF BEGINNING and containing 10.002 a.cres, more or less. The bearings in this
description are based upon the north line of the Southwest Quarter of Section 26, TO\VII.ship 18
North, Range 3 East having a bearing of North 88 degrees 42 minutes 47 seconds East. Subject to
all easements, restriction, and ti.ghts-of-way of J:ecoro.
EXHIBIT A
PAGE 1 OF2
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. EXHIBIT A
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BUILDING 6 AT HAMIL'ION CROSSING
HAMILlON COUNTY, JNDIANA
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R = 2436.83'
L ;:; 243.08'
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BUILDING 6
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EXHIBIT A
PAGE 2 OF 2
REVISIONS
WOOLPERT UP
7140 Waldemar Drive:
Indianapolis, Indiana
46268-41'92
317,299.7500
FAX: 317.291.5805
CONTRACT No.
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Sp~tion 23B.8.1.C
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Duke Realty Limited Partnership
FINDINGS OF FACT - DEVELOPMENTAL 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:
this building will be the sixth building in the Hamilton Crossing office
development and its location allows for safe on-site circulation of vehicles.
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:
this site is a part of the Hamilton Crossing Development and the building is
located a significant distance from other adjacent uses.
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 site for this building is severely impacted by the reservation of land for the
proposed 131st Street interchange. Thus. to allow for practical on-site circulation.
close proximity of the parking garage to the west entrance of the building. and
for a reasonable amount of parking near the front entrance of the building which
is located on the east side of the building, the hldlding mw:;t he located
generally where it is shown on the plans filed.
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
,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).
S:\carmelclaylanduseregs\checklist\devstandapp
Revised 10/17/2000
Page 8 of 8 - Developmental Standards Variance Applicalion
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Section 23B.12,A
V
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Duke Realty Limited Partnership
FINDINGS OF FACT - DEVELOPMENTAL 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:
this building will be the sixth building in the Hamilton Crossing office development
and its location allows for safe on-site circulation of vehicles and allows for
safe pedestrian access from the parking areas.
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:
this site is a part of the Hamilton Crossing Development and the parking is
located in appropriate proximity to the building.
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:
of the existence of the parking area on the north side of Building V, the reser-
vation of land for the proposed 131st Street interchange, and the other limiting
parameters for the location of the building, the requested parking is reasonable
and is located more than two hundred twenty-five (225) feet from the ninety (90)
foot build-to line along u.S. 31.
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
,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).
S:\carmelclaylanduseregs\checklisl\devstandapp
Revised 10/17/2000
Page 8 of 8 - Developmental Standards Variance Application
v
Section 25.1.2,B,3.a
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Duke Realty Limited Partnership
FINDINGS OF FACT - DEVELOPMENTAL 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:
this variance will allow for a necessary trash enclosure and for a necessary
parking structure which will allow for sufficient parking on-site.
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:
this site is a part of the Halnilton Crossing Development and the proposed parking
garage and trash enclosure are proposed to be located where they will have the
least impact on adjacent property.
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 site for this building has four street frontages - Meridian Crossing Boulevard
on the west, 131st Street on the north. u.s. 31 on the east, and Hamilton Crossing
Boulevard on the south. Thus, it is impossible for any accessory building to
comply with the minimum front setback requirements of the ordinance.
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
,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).
S :\carmelclaylanduseregs\checklist\devslandapp
Revised 10/17/2000
Page 6 of 6 - Oevelopmenwl Slandards Variance ApplicaUon
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DESCRIPTION OF REQUEST
FOR
DEVELOPMENTAL STANDARDS VARIANCES
FOR
HAMILTON CROSSING BUILDING VI
Petitioner requests a variance of Chapter 23B: U.S. Highway 31 Corridor Overlay Zone,
Section 23B.8.1 ,C - Build-To Lines, to allow for the building to setback approximately
five hundred forty-five (545) feet from the ninety (90) foot build-to line along U.S. 31.
The site for this building is severely impacted by the reservation of land for the proposed
131 sl Street interchange. Thus, to allow for practical on-site circulation, close proximity
of the parking garage to the west entrance of the building, and for a reasonable amount
of parking near the front entrance of the building which is located on the east side of the
building, the building must be located generally where it is shown on the plans filed.
Petitioner also requests a variance of Chapter 23B: U.S. Highway 31 Corridor Overlay
Zone, Section 23B.12,A - Parking Requirements, to allow parking between the U.S. 31
right-of-way and the front build-to line of the building. Because of the existence of the
parking area on the north side of Building V, the reservation of land for the proposed
13151 Street interchange, and the other limiting parameters for the location of the
building, the requested parking is reasonable and is located more than two hundred
twenty-five (225) feet from the ninety (90) foot build-to line along U.S. 31.
Petitioner also requests a variance of Chapter 25: Additional Use Regulations,
Section 25.1.2,B,3,a - Minimum Front Yard Setback, to allow the parking garage
structure to be located between the building and Meridian Crossing Boulevard and to
allow the dumpster enclosure to be located between the building and 13151 Street. The
site for this building has four (4) street frontages: Meridian Crossing Boulevard on the
west, 131s1 Street on the north, U.S. 31 on the east, and Hamilton Crossing Boulevard
on the south. Thus, it is impossible for any accessory building to comply with the
minimum front setback requirements of the ordinance.
49S60_1.DOC