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HomeMy WebLinkAboutApplications l' u Boone, Rachel M. u Page 1 of 4 ..-.....-.w"'"".."..,..",..,._....~~"._.,_,.~~"',.,__~.~_,_~_'"_~._,~~.."._.,.,_.'"~,'"'.~."~~o-........,.."...,".._.,.,,,...";~~""""'=,-""""'",.__....,..,,.~_".~'~~""'_~~,.w~..~..~~----,-,.,.._.,,......,.......,.._.__~;._ From: Boone, Rachel M. Sent: Monday, September 29, 2008 10: 11 AM To: 'Reis, Paul'; Holmes, Christine B Subject: RE: Docket No. Assignment: (V) St. Vincent Sports Performance Center (#08070002-5 V) Paul, I have adjusted the fees for your variances per your email below. The new total for all 12 variances is $6,755.00. Thank you{ Rachel From: Boone, Rachel M. Sent: Tuesday, September 23{ 20084:36 PM To: Blanchard{ Jim E?Brewer{ Scott I; Conn; Angelina V; Coy{ Sue E; DeVore, Laura B; Donahue-Wold, Alexia K; Hancock{ Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Stewart, Lis"a;.Tingley, Connie S Cc: 'preis@boselaw.com' Subject: Docket'No, Assignment: (V) st Vincent Sports Performance Center - Signage (#08090013-15,20-22, 24-26 V) ,'. . . . '-,. . -. r" ~ . ,-','. ." . . ., . _!:" ~ . ',/ ',. I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) St. Vincent Sports Performance Center - Signage. It will be the following: DocketNQ.08Q90013N' . Docket NO.08090014V DocketNo.08090015V Docket No. 08090020V Docket No 08090021 V Oocket No. G8090G22V Docket No. 08090024V DocketNo.08090Q25Y. . Docket No. 08090026V Total Fee: $515.00 $10~O.OO . -Dev~loPrnent'Standards Varianc;;e fee. $515.00 Each additional variance fee $515.00 Each additional variance fee $515.00 Each additional variance fee $515.00 Each additional variance fee $:515.00 [El(:h additionBI v8ritll"ICC fe.e Withdrawn $515.00 Each additional variance fee $515,00 Each additional variance fee $515.00 Each additional variance fee $5218.88 $4.120.00 (V) St. Vincent Sports Performance Center - Signage The applicant seeks the following development standards variance approval: Docket No. 08090013 V Docket No. 08090014 V Docket No. 08090015 V Docket No. 08090020 V Docket No. 08090021 V D6{;I{l~t No. 88090022 V Docket No. 08090024 V Docket No. 08090025 V Docket No. 08090026 V Ch. 25.07.02~10 c) Ch, ~5,07.02-10 c) Ch, 25.07.02-10 b) Ch. 25.07.02-10 b) Ch, 25.07.02-10 b) Cr.. 25.07.02 H.l b) Ch, 25.07.02-10 b) Ch, 25.07.02-10 b) Ch, 26.04.02 Increase in wall sign:area- east Increase in wall sign area - west Total number of signs Two signs facirig one right of w~y Ground sign h~ight,.!,. .. Grotioo gign teeatid /n the right of Nay Wall sign not facing. a right otway - east Wall sign not facing a right of way - west Reduction in perimeter yard buffering The site is located at 13400 N. Meridian St. It is zoned 8-6, Light commercial and office uses adjacent to limited access highways. Filed by Paul Reis of Bose McKinney and Evans. - Petitioner, please note the following: 1. . This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, October 2. Published notice 9/29/2008 ;' u u Page 2 of 4 is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 24. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, October 17. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the November 24, 2008 agenda of the BZA. 5. This Item will appear on the October 27,2008 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the November 24, 2008 meeting. 8. PETITioNER: refer to your instruction sheet for more details. Mr. Reis can be contacted at 317-684-5369. DeRartment's Review Comments: petitioner. Rlease comglete the following: t.)Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444- 7163 or email:publicnotices@indystar.com). 2.) Please m'ake checks.payable to the City of Carmel. 3.) Please provide filled out and notarized placement of public notice sign affidavit. 4.) Please provide proof of notice from the Indy Star. 5.) The following variances were added but were not mentioned in any of the submitted applications: two signs facing one right of way, ground sign height and ground sign located in a right of way. If the Petitioner would please resubmit statements/findings for these variances, we would greatly appreciate it. 6.) The maximum height for a ground sign in this area is 6' tall. 9'6" was requested. 7.) There is a 60' proposed half right of way according to the Thoroughfare Plan. The sign is proposed at 17' from the existing right of way line. This is 35.5' too close to the proposed half right of way of the Thoroughfare Plan. The sign will need to be moved back 70' from the center line of the road to be in compliance. (10' back from the right of way line) 8.) The variance submitted for 100% logo was not issued a docket number because the Department feels that since the entire building is for 51. Vincent and its affiliates/departments, a variance for logo percentage is not necessary. Thank you. R~Bo-o-ne- Sign Permit Specialist 317.571.2417 317.5712426 fax ~~--C~-'C--"'_:'o""_=",,,,,,,,,,,~~"~--,,",,''''C-~~'~-~''''''''''''~~__'''~~''__''---___~~_~_~'_~.M~CC.":_..,."....,._o_-,,_..~~ From: ReiSt Paul [mailto:preis@boselaw.com] Sent: Thursday, September 25,2008 10:29 AM To: Boone, Rachel M.; Holmes, Christine B Subject: FW: Docket No. Assignment: (V) St. Vincent Sports Performance Center (#08070002-5 V) Rachel and Christine 9/29/2008 r . u u Page 3 of 4 Attached is the initial docketing for the first 4 DSY's. With the elimination of 08090022 V and the adjustment of080900I3V from $1090 to $515, I believe that the total fees should be $6,755.00. Please confirm. M.any thanks for your help. Best regards, Paul Paul G. Reis Bose McKinney & Evans LLP E-mail: PReis@.O.QS_(l.liJWJ;OQJ. Direct phone: 317 -684-5369 'AI\V1N.b(J;;~I<lY((;QrTI ~~_,"M~",~_~_,_~~=:,c:-,;-,'~,""'=,,,,--m_"""'~~c'.o_~r~,.._.......",..,,~-"'.~'~~~~"o"c":~'.'.~C""c.-:'''~--''-U~~o-~-~--~-.~~-n~-~~~.",~_,"__"'_~'~'.~~"v".m~~.k"____~"".",,"'r ~~~~_~'_~"".',..~,,~~ From: Holmes, Christine B [mailto:cholmes@carmel.in.gov] Sent: Monday, July 14,2008 11:12 AM To: Blanchard, Jim E; Boone, RacheIM.; kbrennan@carmeJ.in.gov; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Dolan, Veronica A; Donahue-Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Foley, Amanda J; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; dmast@carmel.in.gov; Mindham, Daren; Miser, Craig; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A. Cc: Reis{ Paul Subject: Docket No. Assignment: (V) St. Vincent Sports Performance Center (#08070002-5 V) I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) St. Vincent Sports Performance Center. They will be the following: Docket No. 08070002 V Docket No. 08070003 V Docket No. 08070004 V Docket No. 08070005 V Total Fee: $1090.00 $515,00 $515.00 $515.00 $2635.00 St. Vincent Sports Performance Center The applicant seeks the following development standards variance approvals: Docket No. 08070002 V Section 23.8.09.0 Sloped'roof exceeding 100' without change in plane. Docket No. 08070003 V Section 23.8.8.05.8.1.a Increase in maximum first floor gross floor area over 40% Docket No. 08070004 V Section 27.03.02 Elimination of straight concrete curbs on parking islands Docket No. 08070005 V Section 23.8.12.a Parking between US 31 & 90' build-to line The site is located at 13400 North Meridian St and is zoned S2/Single-Family Residential in the US 31 Overlay. Filed by Paul Reis of Bose McKinney & Evans LLP for Bremner Duke Healthcare Real Estate. Petitioner, please note the following: 1. This item will be on the August 20 agenda of the Technical Advisory Committee (TAG). The petitioner must submit plans and review materials to all TAG members directly as soon as possible. (Failure to submit plans and review materials to TAG members by this time will result in the tabling of this petition to the September TAC meeting. For a list of current TAC members go to :h.np.;/!WWW.gJ.~(;armed.in..!!sJs?r\fi~~.~JPQg_$!I6G2QQ7rrAGQ(o;2QrT1.e_mp_~[.~%~.Qr?Vis.~.q%2QQ9 .~QZ,Q7..pdf 2. Mailed and Published Public Notice needs to occur no later than Thursday, July 31. Published notice is 9/29/2008 .~ .' u u' Page 4 of4 required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf), 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, August 22. Failure to submit Proof of Notice by this time will result in the tabling of the petition, 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, August 15, 2008. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the September agenda of the BZA. 5. This Item will appear on the August 25,2008 agenda of the Board of Zoning Appeals under Public Hearings, 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill outdocket number, petitioner, and date (Sheet 7), Ballot sheets must be collated. PETITioNER: refer to your instruction sheet for more details. Mr, Reis may be contacted at 317.684.5369. Deoartment's Review Comments; petitioner. olease comolete the following~ 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or email: publicnotices@indystar.com). 2.) Please make checks payable to the City of Carmel. 3.) Please provide the following details about the proposed use: parking breakdown, number of employees, hours of operation , etc. The more detail, the better, 4.) Please provide filled out and notarized placement of public notice sign affidavit. Thank you. Christine Barton-Holmes, LEED AP Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2424 317.571.2426 fax ~ Please c()mi,!el' the envlrollmenl before pril11ing This message is from the law firm Bose McKinney & Evans LLP. This message and any attachments may contain legally priVileged or confidential information, and are intended only for the individual or entity identified above as the addressee. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to read, copy, or distribute this message and any attachments, and we ask that you please delete this message and attachments (including all copies) and notify ttle sender by return e-mail or by phone at 317-684-5000. Delivery of , this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or a privilege. A!I personal messages express views only of the sender, which are not to be attributed to Bose McKinney & Evans LLP, and may not be copied or distributed without this statement 9/29/2008 u Page 1 of2 u Boone,RacheIM. From: ""-'-"'~.~"""'-"'."""'"",'''''''''."r~~-'_''.^_~'''_~~"-'_''>'~'''''~_'~'~'''~,n~~~"'''''''___'__''''''''_''''''''''__~~''~~~'~'~_4-4-.",,_.....,..._.___.....,_~'~_'."'''U,",'''^,'..~~~._~~",_.."."""""._~~,_,"~,~~,~~~.,~,.~ Boone, Rachel M. Tuesday, September 23, 2008 4:36 PM Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; Coy, Sue E; DeVore, Laura B; Donahue- Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Stewart, Lisa; Tingley, Connie S 'preis@boselaw.com' Docket No. Assignment: (V) S1. Vincent Sports Performance Center - Signage (#08090013- 15, 20-22, 24-26 V) . ,~ Attachments: BZA Public Notice Sign Procedure.pdf /V;\'Y) , I have updated the file. I have contacted the petitioner andksued the necessary Docket Numbers for (V) St. Vincent Sports Performance Center - Slg-nage. It will be the following: / Docket No. 08090013V <:$+W&e9- Development Standards Variance fee Docket No. 08090014V $515.00 Each additional variance fee Docket No. 08090015V $515.00 Each additional variance fee Docket No. 08090020V $515.00 Each additional variance fee Docket No. 08090021 V $515.00 Each additional variance fee ~~egeti22V $~ 1 ::;.00 Each additional varianoe fee- Docket No. 08090024V $515.00 Each additional :variance fee Docket No. 08090025V' $515.00 Each ClQditionalvarianc~ fee Docket No.. 08090026V . $515.00 Each ad~itiona(variancEnee Total Fee: $5210.00 Sent: To: Cc: Subject: (V) St.Yi~cent Spor~s P~rformanc~ 9mter ~Signage .. . ."." The applicant seeks the following development standards variance approval':' Docket No. 08090013 V Ch. 25.07.02-10 c) Increase in wall sign area - east Docket'No,'08090014'VCh.25.07:02-10 c) Increase in wall sign area - west Docket No. 08090015 V Ch. 25.07.02-10 b) Total number of signs Docket No. 08090020 V Ch. 25.07.02-10 b) Two signs facing one,right of way Docket No. 08090021.V . Ch. 25.!)7.02-10 b) Ground sign height;. Docket-Ne. (Jg090922~) GroUr:lQ-sign located in toe rigbt of way- Docket No. 08090024 V. Ch. 25.07.02-10 b) Wall sign notJacing ~ right of way - east Docket ~o...q&090025 V Ch. 25.07.02-10 b) Wall sign not facing a right otway. west Docket No. 08090026 V Ch.26.04.02 Reduction in perimeter yard buffering .,-,' ; .~~ . . \\ <<::; V/tJ vJ'~~\ The site is located at 13400 N. Meridian St. It is zoned B-6, Light commercial and office uses adjacent to limited access highways. Filed by Paul Reis of Bose McKinney and Evans. - Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, October 2. Published notice is.required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf). . 3.,' 'Th.e Proof of Notice will need to be received by this Department HO later, than.noon., 'Friday, October 24. Failure to submit Proof of Notice by this time.will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than'NOON;'Friday, October 17. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the November 24, 2008 agenda of the BZA. 5. This Item will appear on the October 27, 2008 agenda of the Board 'of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date 9/23/2008 u' u Page 20f2 (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the November 24,2008 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Mr. Reis can be contacted at 317-684-5369. Department's Review Comments;_petitioner. please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444- 7163 or email: publicnotices@indystar.com). 2.) Please make checks payable to the City of Carmel. 3.) Please provide filled out and notarized placement of public notice sign affidavit. 4.) Please provide proof of notice from the Indy Star. 5.) The following variances were added but were not mentioned in any of the submitted applications: two signs facing one right of way, ground sign height and ground sign located in a right of way. If the Petitioner would please resubmit statements/findings for these variances, we would greatly appreciate it 6.) The maximum height for a ground sign in this area is 6' tall. 9'6" was requested. 7.) There is a 60' proposed half right of way according to th e Thoroughfare .Plan., The sign is proposed at 17' from the existing right of way line. This is 35.5' too close to the proposed half right. of way of the Thoroughfare Plan. ;" The sign will need to be moved back 70' from the center line of the road to b,e in compliance. (10' back from the right of way line) , 8.) The variance submitted for 100% logo was not issued a docket number because the Department feels that since the entire building is for SI. Vincent and its affiliates/departments, a variance for logo percentage is not necessary. Thank you. R c-tihe{; 13 ()-()-yte/ Sign Permit Specialist Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 317.571.2417 317.571.2426 fax http://www_ci.carmel.in.us/services/communityservice.htm I 9/23/2008 j.'- ~. U CITY OF CARMEL - CLAY TOWNSHi~' 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 addit19nalsection of the ordinance being varied. , All Other $1 ,090.00 for the first variance, plus $515.00 for each additional section of the ordinan~ce being varied. OR see Hearing Officer Fees eiJ./J t-..... vv1'll t Rt:"~l'~ '.. / . Sl; 1 '''<lJ Oct oq 00 I '? I tJ- 'D'S\! DATE RECEIVED /}n:..'~?}!l!! BremnerDuke Healthcare Real Estate .....~. DOCKET NO. 1) Applicant: Address: 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2} Project Name: S1. Vincent Sports Performance Center Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Engineer/Architect Woolpert, Inc.: Jon Sheidler / CSO: T. Brent Davis Attorney: Paul G. Reis, Bose McKinney & Evans LLP 3} Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contrad purchaser of the property X (c) Other: Applicant is developing property under contract with Owner Phone: 808-6900 Phone: 299-7500/848-7800 Phone: 684-5369 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: S1. Vincent Carmel Hospital, Inc. 10330 Meridian Street, Suite 430 Owner's address: Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.llnstrument No.: 2004-1729 Page: N/A Purchase date: 6} Common address of the property involved: 13400 N. Meridian Street Legal description: See attached Exhibit "AU Tax Map Parcel Nos.: 17-09-26-00-00-008.000 and 7-09-26-00-00-003.001 December 22, 2003 - 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).. Increase in Sign Area for Wall Signs - Multi-Tenant Multi-Level Building 925.07.02-10 c} "'-..f.. tltc;t + (/V'-vJ .J- 1207675_1.DOC Page 1 of 5 ;, (.) //a1iWt"sh/~ ') 8) State reasons supporting th~eveIOIZ,.r;;~nt Standards Variance: (AdditiO;:;;y, complete the attached question sheet entitled "Finding7Fact-Development Standards Variance"). The proposed building has its primary Frontage to the north abutting U.S. 31. However, the east and west facades directly face thes~ut ound and northbound traffic of U.S. 31 rather than the north facade. In order to direct the wall signage tow d the traffic for better identification from U.S. 31, Petitioner is proposing to place one wall sign on the west f cade to identify the bU~'IOi . -I<11~OUnO traffic on US. 31 anO requesting that another wall sign be permllltlu15 be placed on th eastfacade . entify the building to the southbound traffic on U.S. 31. The Ordinance allows a maximum 0 . ~ e\et of sign area for the wall signage on the east and west facades; however the distance from the sign on the w~\st facade to the U.S. 31 ROW is approximately 1,860 feet and the distance from the east facade to the U.S. 31 ROW is approximately 1,770 feet. pue-to these substantial distances, Petitioner is requesting to increase the sig area for these two wall signs t6 100 uare feet each. . 9) 10) 11 ) 12) Present zoning of the property (give exact classification): B-6 Size of loUparcel in question: 17.228 Acres Present use of the property: Surface parking area and undeveloped ground Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices ~ i rt<frt' ((} 117CO 13) Is the property: Owner occupied Renter occupied Other Ground Lease for Sports Performance and Medical Office Building 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: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? BremnerOuke Healthcare Real Estate man affiliated entity 1207675_1.DOC Page 2 of 5 " <" f; u u AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Attar ~ Signed ke Healthcare Real Estate STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON). n fI_ , rBUL q. Before me the undersigned, a Notary Public in and frWtd cou~pnd State, personally appeared /?ff;J.:i and acknowledged the execution of the foregoing instrument this . day of 2008. ~p~O Printed ..'l'S;:;'pt,'", (~~~P ~AI"'III V A Hamilton County My Commission Expires October 19, 2009 My Commission Expires: My County of Residence: 1166049 1207675_ 1 .DOC Page 3 of 5 ."\ J> u u CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Increase in Siqn Area of Wall Siqns 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 increase in the sign area of the wall signs will provide better readability without any detrimental or adverse effect on the public health, safety, morals or general welfare of the community. 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 increased sign area of the wall signs are consistent with wall signage on the other multi-level, multi- tenant buildings in the area will not in anyway affect the use or value of the adjacent area. 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 wall signs are oriented toward U. S. 31 but are significant distances from right of way; therefore, the increased sign area is needed to make the signs readable to the traffic travelling north and south on US. 31. DECISION IT IS TH EREFORE 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 dp:y of ,2008. 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). 1207675_1.DOC Page 5 of 5 . ,~ u U CITY ~F CARMEL . CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLlCA TION 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 .ad9i!jgnaJ?:ecti~n of the ordinance being varied. > - -"";: '''' All Other $1 ,090.00 for the first variance, plus $515.00 for each additional section ofthe ordinance bein.9.';faried. OR see Hearing Officer Fees 0) (i) /J;)@sJoa1\\ (J LJ G l B9 ." \ DOCKET NO. 0 q; 0 VI 00 15 j 2-0 I z..t ,:~z...oATE RECEIVED \ (ijl\W3H ,~~.. .~_";/ 1) Applicant BremnerDuke Healthcare Real Estate , ~._,;~-f}.::/ Address: 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 ~tf;.:.";/ 2) Project Name: St. Vincent Sports Performance Center Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Engineer/Architect: Woolpert, Inc.: Jon Sheidler / CSO: T. Brent Davis Attorney: Paul G. Reis, Bose McKinney & Evans LLP 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: St. Vincent Carmel Hospital, Inc. ~ o_~_'_:~~~::~~ Phone: 808-6900 Phone: 299-7500/848-7800 Phone: 684-5369 Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.llnstrument No.: 2004-1729 Page: N/A Purchase date: December 22, 2003 6) Common address of the property involved: 13400 N. Meridian Street Legal description: See attached Exhibit "A" Tax Map Parcel Nos.: 17-09-26-00-00-008.000 and 17-09.26-00-00-003.001 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). G Additional Identification Si ns for Multi-Tenant Multi-Level Buildin , 25.07.02-10 b G) -rwv <f,11M W(/i~ oru VJ''1lM 1- I/VI7Uj Q) ~f1 d Cp,lq () livi q h +- > ~d 41'jY' wcdJ;td}r/ rlf/w r1- WMj / - Nwm01/t (0 ;y76f' 2) 5,"1/'1.:. -J #J 1206894_1 DOC Page 1 of 5 ( ) - ( ) - \ 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The proposed building has its primary Frontage to the north abutting U.S. 31. However, the east and west facades directly face the southbound and' northbound traffic of U.S. ,31 rather than the north facade. In order to direct the wall signage toward the traffic for better identification from U.S. 31, Petitioner is proposing to place one wall siQn on the west facade to identify the building to the northbound traffic on U.S. 31 and requesting that another wall sign be permitted to be laced on the east facade to identify the building to the southbound traffic on .. . e buil mg will have an entrance off of 131 $ Street; however, the building will have limited visibility from 131 sf Street being located over 1900 feet from the street. Therefore, Petitioner is requesting a variance to allow for a ground identification sign at the entrance to the development on 13151 Street. 9) Present zoning of the property (give exact classification): B-6 10) Size of 10Uparcel in question: 17.228 Acres 11) Present use of the property: Surface parking area and undeveloped ground 12) Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices 13) Is the property: Owner occupied Renter occupied Other Ground Lease for Sports Performance and Medical Office Building 14) Are there any restrictions, laws; covenants, varian'ces, 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: N/A Builder: N/A 16) If proposed appeal is granted, when will thework commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who 'will operate and/or use the proposed improvement for which th is application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity 1206894_1.DOC Page 2 of 5 ,,~ u u AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed , . ~IP- z..oor Date STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) :::n~i- Q. Before me the undersigned, a Notary Public in and for s. aid Counl~ j~d State, personally appeared .RE12 and acknowledged the execution of the foregoing instrument this .lith- day of~08. ~ ~,\ ~ 14rQ ~e1( JArQ Notary PubliC Printed [~7?~;~+6 \~t~~i&;~:'.f MOLLY A. STUCKEY Hamilton County My Commission Expires October 19, 2009 My Commission Expires: My County of Residence: 1166049 1206894_1.DOC Page 3 of 5 w u CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Additional Identification Signs 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 additional wall signs and the ground identification sign will provide the necessary identification for the Sports Petformance Center without any detrimental or adverse effect on the pUblic health, safety, morals or general welfare ofthe community. 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 additional wall signs and the ground monument sign are consistent with wall signage on the other multi- level, multi-tenant buildings in the area will not in anyway affect the use or value of the adjacent area. 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 additional wall signs on the east and west facades and the ground monument sign are not permitted under the Ordinance; however, these signs are critical to the identification of the Sports Performance Center to the traffic on U. S. 31 and to properly direct traffic to the Center from 1315/ Street_ 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 .2008. 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), 1206894_1 DOC Page 5 of 5 ": U CITY OF CARMEL - CLA Y TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION u DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 fok..,t\1'~~.IJ;:;~tction ot the ordinance being varied. ,(Gt iJ All Other $1,090.00 for the first variance, plu~ $515.00 for each additional secti~. of the .~~iE;.:. b 'fjlg. varied. OR see Hearing Officer Fees ("or _ ~ffl:lJ :=1 r). .,J .' ^. ,.. ....; :;JOIi DOCKET NO. 08090020V DATE RECEIVED temQ.~1iIrz.~, 2008 1) Applicant: BremnerDuke Healthcare Real Estate Address: 510 East 96th Street 2) Project Name: S1. Vincent Sports Performance Center Engineer/Architect: Jon Sheidler, Woolpert / T. Brent Davis, CSO Phone: Phone: Phone: 299-7500/848-7800 684-5369 808-6900 Attorney: Paul G. Reis, Bose McKinney & Evans LLP Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Email: preisrcD.boselaw.comandpa1.shea@bremnerduke.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract wIth Owner 4) If Item 3) (c) is checked, please complete the f~lIowing: Owner of the property involved: S1. Vincent Carmel Hospital, Inc. Owner's address: 10330 N. Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.llnstrument No.: 2004-1729 Page: N/A Purchase date: December 22, 2003 6) Common address of the property involve~j: 13400 N. Meridian Street Legal description: See attached Exhibit "A" Tax Map Parcel No.: 17-09-26-00-00-008.000 and 17-09-26-00-00-003.001 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). Additional ground identification sign causing two identification signs face the same right-at-way where not otherwise permitted. 925.07.02-10 b) 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The building will and an entrance off ot 131 5t Street; however, the building will have limited visibility from 13151 Street as it is to be located over 1900 feet north of 131 sl Street. I n order to provide critical Identification of the development, a ground sign is being proposed to identify the development and the entrance. Page 1 of 5 ( \ U \...,I 9) Present zoning of the property (give exact classification): Old Meridian Mixed Medical 10) Size of lot/parcel in question: 17.228 11) Present use of the property: Undeveloped acres 12) Describe the proposed use of the property: 13) Is the property: Owner occupied Renter occupied Ground Lease for Sports Performance Center and Medical Office Building Sports Performance, Training and Physical Therapy and Medical Offices with associated surface parking 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 forthe specific purpose of this application? If yes, give date and docket number, decision rendered and pertinen~ explan'ation. No 15) Has work for which this application is being filedic;llready started? If answer is yes, give details: Building Permit Number: N/A Builder: NJA 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained 17) If the proposed variance is granted, who ,will operate and/or use the proposed improvement for which this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity Page 2 of 5 u u AFFIDAVIT I, hereby swear that I am the attorney for the Applicant involved in this application and that the foregoing signature, 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, and the Applicant are authorized to act on my behalf of the Owner with regard to this application and subsequent hearings and testimony. Signed n rDuke Healthcare Real Estate 9 ZfJ08 ate STATE OF INDIANA SS: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis and acknowledged the execution of the foregoing instrument this~ day of September, 2008. My Commission Expires: My County of Residence: , ;-2$- / UJ I' ffaln (L.. -r~AI Nota~vr~ W~ j) D YD -f-h-y i.? _ W ~ l-re.- Printed DOROTHY E. WOLFE - NOTARY PUBLIC SEAL MYCO STATE OF INDIANA MMlSSION EXPIRES January 28,2016 1 236307 _1 Page 3 of 5 u u CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 08090020V Petitioner: BremnerDuke Healthcare Real Estate Variance: Two identification signs facing the same right-of-way where otherwise not permitted 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 ground identification sign will be a benefit to the general public and to the community by providing identification of the entrance to the development from 131 sl Street. 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 ground monument sign is consistent' in design and location with similar ground identification signs in the area 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 ground monument sign is not permitted under the Ordinance and is critical to the identification of the entrance to the development from 131 sl Street. Without this sign, clients, patients and visitors will most likely travel to Old Meridian Street and access the development from the main St. Vincent Hospital entrance which is much less convenient. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 08090020Vis 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 , 20008. 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). Page 5 of 5 ...., u ( ) CITY OF CARMEL - CLAY TOWNSHIFJ-" HAMILTON COUNTY, INDIANA APPLlCA TION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $..89{;9.~~\Jd~itiQ.nal section of the ordinance being varied. .:::;:JJ~ ~ ~~ All Other $1 ,090.00 for the first variance, plus $515.00 for each additio,nal/sectio~~~ ordinanee being varied. OR see Hearing Officer Fees E1 Rt.~'lI, ! r~L . j: ,f-\~J ~J DOCKET NO. 08090021 V DATE REce~I~ED ~\~~Je'~~~r26,.0 "Q8 UvV'" ~ 1) Applicant: BremnerDuke Healthcare Real Estate Y Address: 510 East 961h Street ~ 2) Project Name: St. Vincent Sports Performance Center Engineer/Architect: Jon Sheidler, Woolpert / T Brent Davis, CSO Phone: 299-7500/848-7800 Attorney: Paul G. Reis, Bose McKinney & Evans LLP Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Email: preis@boselaw:comandpat.sheaCa:!bremnerduke.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on ;the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Phone: 684-5369 808-6900 Phone: Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 N. Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Owner.ship: Deed Book No.llnstrument No.: 2004-1729 Page: N/A 6) Common address of the property involved: Legal description: See attached Exhibit "AU Tax Map Parcel No.: 17-09-26-00-00-008.000 and 17-09-26-00-00-003.001 Purchase date: December 22, 2003 13400 N. Meridian Street 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). Increase in the maximum height of ground sign from 6 ft to 9 ft. 6 in. ~25.07.02-1 0 d)(ii) , 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The building will and an entrance off of 13151 Street; however, the building will have limited visibility from 13151 Street as it is to be located over 1900 feetnorth of 13151 Street. The Thoroughfare Plan and the Ordinance require that the sign be located at least 70 feet from the centerline of 13151 Street In order to provide critical identification of the developm,ent, the height of the ground sign is proposed to be increased to 9 ft. 6 in. to adequately identify the development and the entrance. Page 1 of 5 U Present zoning of the property (give exact classification): ( ') - . .' . 9) 10) 11 ) Old Meridian Mixed Medical Size of loUparcel in question: Present use of the property: 17.228 acres Undeveloped 12) Describe the proposed use of the property: 13) Is the property: Owner occupied Renter occupied Ground Lease for Sports Performance Center Other and Medical Office Building Sports Performance, Training and Physical Therapy and Medical Offices with associated surface parking 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: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity Page 2 of 5 u u AFFIDA VIT I, hereby swear that I am the attorney for the Applicant involved in this application and that the foregoing signature, 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. The Applicant and I are authorized to act on my behalf of the Owner with regard to this application and subsequent hearings and testimony. Signed STATE OF INDIANA SS: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis and acknowledged the execution of the foregoing instrument this Jb1"-day of September, 2008. My Commission Expires: My County of Residence: 1-- 2 f1(P /fttm / /..--i() AJ Nota1J~ 1 ;Vir~ /),Yb +/1,/17_ Vi! 01 P-, Printed DOROTHY E. WOLFE NOTARY PUBLIC SEAL STATE OF INDIANA MY COMMISSION EXPIRES January 28, 2016 1236555_1 Page 3 of 5 '" ~ u u CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 08090021 V Petitioner: BremnerDuke Healthcare Real Estate Variance: Increased height of ground identification sign 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 ground identification sign will be a benefit to the general pUblic and to the community by providing identification of the entrance to the development from 131 s( Street. 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 ground monument sign is consistent in height with similar ground identification signs in the area and with the ground signage on the St. Vincent Hospital campus. 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 ground monument sign must be' loc~ted at least 70 feet from the centerline of 131 st Street and visibility of the sign is critical to the identification of the entrance to the development from 131 st Street. Without the increased height, this sign will be significantly less visible to the clients, patients and visitors. Failure to see the sign will cause such people to most likely travel to Old Meridian Street and access the development from the main St. Vincent Hospital entrance which is much less convenient. DECISION IT IS THEREFORE the decision of the Carmel/Clay. Board of Zoning Appeals that Development Standards Variance Docket No. 08090021Vis 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 , 20008. 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). I Page 5 of 5 . ,"'0 U CITY OF CARMEL - CLAY TOWNSH~ 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 ordinancebeing'varied. OR see Hearing Officer Fees _lvt 0t ./ vv-f/J t-" ~ ' , o q 0 q 00 ~t " -? r:;'" RECEIVED DOCKET NO. ",v/ DATE RECEIVED c;:; 1 'l '!'IM . ".,~, I L.- :;....il}v 1) Applicant: BremnerDuke Healthcare Real Estate Address: 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: St Vincent Sports Performance Center Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Engineer/Architect: Woolpert, Inc.: Jon Sheldler / OSO: T Brent Davis " DOCS ;' ., / '~~.' .....~ .' " '\. ' ~.... ..\. ~ ' ,: 1,., " \ Phone: 808-6900 Phone: 299-7500/848-7800 Attorney: Paul G. Reis, Bose McKinney & Evans LLP Phone: 684-5369 3) Applicant's Status: (Check the appropriat'e response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No)lnstrument No.: 2004-1729 Page: N/A Purchase date: December 22,2003 6) Common address of the property involved: 13400 N. Meridian Street Legal description: See attached Exhibit "A" Tax Map Parcel Nos.: 17-09-26-00-00-008.000 and 17-09-26-00-00-003.001 7) State explanation of requested Deve,loptr)ent 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). Wall signs not facing a public street ~25.07.02-10 b) - ..e: t4' t? t .of.. vv-t1 t- 1207729_'.DOC Page 1 of 5 '- u u 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The proposed building has its primary Frontage to the north abutting U.S. 31. However, the east and west facades directly face the southbound and northbound traffic of U.S. 31 rather than the north facade. In order to direct the wall signage toward the traffic for better identification from U.S. 31, Petitioner is proposing to place one wall sign on the west facade to identify the building to the northbound traffic on U.S. 31 and requesting that another wall sign be permitted to be placed on the east facade to identify the building to the southbound traffic on U.S. 31. , 9) Present zoning of the property (give exact classification): 8-6 10) Size of loUparcel in question: 17228 Acres 11) Present use of the property: Su rface parking area and undeveloped ground 12) Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices 13) Is the property: Owner occupied Renter occupied Other Ground Lease for Sports Performance and Medical Office Building 14) Are there any restrictions, laws, covenants, variances, special uses', or appeals filed in connection with this property that would relate Dr 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: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for wh ich this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity 1207729_1.DOC Page 2 of 5 u u AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed 9 12 zcre Date STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON )0... fI rHUl- tI, Before me the undersigned, a Notary Public in and for )ijlid Coun)}'jn_~ State, personally appeared Rl4s and acknowledged the execution of the foregoing instrument this J2i!. day of~08. ~Mi~ Printed (#J) MOLLY A STUGKEY Hamilton County My Commission Expires October 19, 2009 My Commission Expires: My County of Residence: 1166049 1207729_1.DOC Page 3 of 5 u u CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Wall Sions not facino a public street 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: although the facades on which the wall !?igns .are to be placed do not directly abut U. S. 31 t the east and west facades are oriented to the northbound and southbound traffic. The placement of these signs will not have any effect or impact on the safety of travel on U. S. 31 nor on the public health, safety. morals or general welfare of the community. 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 proposed placement of the wall sighs is consistent with wall sign age on the other multi-level, multi-tenant buildings in the area will not in anyway affect the use or value of the adjacent area. 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: because of the location Of U. S. 31 and the orientation of the building to the highway, wall signs must be oriented toward U. S. 31 from the east and west facades to have the best readability. 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 pprt hereof. Adopted this day of ,2008. 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). 1207729_1.DOC Page 5 of 5 l:' .> W CITY OF CARMEL - CLAY TOWNSHIPU 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 additiol')81 section of the ordinance being varied. \ . All Other $1 ,090.00 for the first variance, plus $515.00 for each additional section of the ordii1ar;!~~e being varied. OR see Hearing Officer Fees i:->-n.n::o ~tC~l'!\.. . \ 1') C)\;'\l'tJ cI\ (.. l.- \"\nCS ... Oq Oq 002,& P0V DATE RECEIVED DOCKET NO. 1) Applicant: BremnerDuke HeaJthcare Real Estate Address: 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: St. Vincent Sports Performance Center Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Phone: 808-6900 Engineer/Architect: Woolpert, Inc.: Jon Sheidler / CSO: T. Brent Davis Phone: 299-7500/848-7800 Attorney: Paul G. Reis, Bose McKinney & Evans LLP Phone: 684-5369 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: 81. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.flnstrument No.: 2004-1729 Page: N/A 6) Common address of the property involved: Legal description: See attached Exhibit "A" Tax Map Parcel Nos.: 17 -09"26-00-00-008.000 and 17-09-26-00-00-003.001 Purchase date: December 22,2003 13400 N. Meridian Street 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). Perimeter buffering to extend entire length of side lot lines. ~26.04.02 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The proposed development extends south to 131s1 Street from the Sports Performance Center to provide surface parking. However, the parking will not extend all the way to 131 sl Street and Petitioner is proposing to leave the remaining 325:t feet undisturbed. This will preserve the existing vegetation and buffering adjacent to the residential subdivision to the west. The existing dirt road will be improved as shown on the plans. 1203267 _1.DOC Page 1 of5 u u 9) Present zoning of the property (give exact classification): B-6 10) Size of lot/parcel in question: 17.228 acres 11) Present use of the property: Suiiace parking area and undeveloped ground 12) Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices 13) Is the property: Owner occupied Renter occupied Other Ground Lease for Sports Performance and Medical Office Building 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: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who iwill operate and/or use the proposed improvement for which this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity 1203267 _1, DOC Page 2 of 5 ;'> u u AFFIDAVIT I, hereby swear that I am the attorney for the, applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed rDuke Healthcare Real Estate 9 , z. t'a::e Date STATE OF INDIANA ). ) SS: COUNTY OF HAMILTON ) n. I' IflUL ~, Before me the undersigned, a Notary Public in and 72 said Coun~ ~_~ State, personally appeared fl.eJ2.. and acknowledged the execution of the foregoing instrument this :IA day of ~08. Printed 1"'''';'';.''1., "p'!:":" '*i:., [:(~..T~m-\:~ ;'J~~~'~#:'-~ " ",. i~ My Commission Expires: i; I~ ~~""~~-'-", My County of Residence: 1166049 1203267 _l.Doe Page 3 of 5 u u CARMELlCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Reduction in Perimeter Bufferinq 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: leaving the area undisturbed will maintain the natural buffering in place and there are no improvements proposed in this area that need to be screened. 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 maintenance of the existing vegetation and the lack of improvements will maintain the current conditions in the area without any effect on the adjacent properties. 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: excepting for the improvement of the road, the area will not be improved; therefore, additional buffering in addition to the existing vegetation is not necessary. 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 ,2008. 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). 1203267 _1.Doe Page 5 of 5 -~, J U CITY OF CARMEL - CLAY TOWNSHI~ 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 ofthe ordinance being varied. OR see Hearing Officer Fees DOCKET NO. 1) Applicant: Address: DO rlJOT Ner;:D DATE RECEIVED ~ ,!l"CtJ/ttO '.f 12,,, b04r ',U!2Q BremnerDuke Healthcare Real Estate 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: St. Vincent Sports Performance Center Project Manager: Pat Shea, BremnerDuke Healthcare Real Estate Engineer/Architect: Wool pert, Inc.: Jon Sheidler / CSO: T Brent Davis Attorney: Paul G. Reis, Bose McKinney & Evans LLP 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is 'developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: ~.... ..,- .....,~.....'"'- .. Phone: 808"-6900 Phone: 299-7500/848-7800 Phone: 684-5369 Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.ll nstrument No.: 2004-1729 Page: N/A 6) Common address of the property involved: Legal description: See attached Exhibit "A" Tax Map Parcel Nos.: 17-09-26~OO-OO-008"000 and 17-09-26-00-00-003.001 Purchase date: December 22, 2003 13400 N" Meridian Street 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 anp/or creates the need for this request). Logo greater than 25% of Sign Area to permit a wall sign consisting of the logo only - Definition of "Identification Sign" 93.07 8) State reasons supporting the Development Standards Variance: (Additionaliy, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). I n lieu of a more traditional Identification wall sign facing the south and 131 st Street, Petitioner is proposing using the "three dove" logo of the St. Vincent Hospital System in lieu of an Identification Sign. Consequently the logo will occupy 100% of the sign area. 1203279_1 DOC Page 1 of 5 . u u ;"> 9) Present zoning of the property (give exact classification): B-6 10) Size of lot/parcel in question: 17.228 acres 11) Present use of the property: Surface parking area and undeveloped ground 12) Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices 13) Is the property: Owner occupied Renter occupied Other Ground Lease for Sports Performance and Medica! Office Building 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: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are. obtained. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity 1203279_1.DOC Page 2 of 5 'f u u AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed ~ /2. 1.008 at Paul G. Reis STATE OF INDIANA SS: COUNTY OF HAMILTON PAUL (j I Before me the undersigned, a Notary Public in and for said County and State, personally appeared RE1~ and acknowledged the execution of the foregoing instrument this /'2Jh day of ~08. M . ~A:tfll1 '/IWltJ :1( . Notary pJ c W Printed /~~::O~~.~:;~\ ~.. = ..._ : ok-:: :~~~~~~~~/ -moo::TK ,~ , Hamilton County My Commission Expires October 19, 2009 My Commission Expires: My County of Residence: 1166049 1203279_1 DOC Page 3 of 5 'i o , u u CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Loqo qreater than 25% of Siq,n Area 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 logo will provide secondary identification with limited visibility from adjacent properties without any effect on the public health, safety, morals or general welfare of the community. 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 logo will have limited visibility from adjacent properties, will be backlit and will be proportionately very small with respect to the large expanse of the south facade of the building, without any effect on the adjacent propetties. 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 south facade of the building is allowed identification signage; however, it does not permit logo only signage in lieu of a standard wall identification sign consisting of a company name and its logo. The use of the larger logo on the south facade is important to identify the spotts performance center as a part of the Sf. Vincent Hospital system. 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 ,2008. 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). 1203279_1.DOC Page 5 of5 I ~~; ,;-r\~ (~.~- - _ "" ~ ~ --:. '. ' 't \..Tc,TY 'OF C~RMEL . CLAY ~O~iN~~;';W T HAMILTON COUNTY, INDIANA -' ~ - -'-"-. RECBVrn \ , APPLICATION FOR BOARD OF ZONING APPEALS ACTION ': ~- JUL 11 DEVELOPMENT STANDARDS VARIANCE REQUEST . \(~~:OOCS / FEE: Single Family (Primary Residence) $275.00 for the' first variance, plus $85.00 for each addiii~~II~re,~tjOrfC;f'Jhe ordinancebeiqg varied. ' ,I , 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 DOCKET NO. 1) Applicant: f)C{O'itJOO 'Z-- U DATE RECEIVED - BremnerDuke Healthcare Real Estate Address: 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: S1. Vincent Sports Performance Center Project Manager: Engineer/Architect: Pat Shea, 6remnerDuke Healthcare Real Estate Wool pert, Inc.: Ben Houle, Jon Sheidler Phone: 808-6900 Phone: 299-7500 Phone: 684-5369 Attorney: Paul G. Reis, Bose McKinney & Evans LLP 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No./lnstrument No.: 2004-1729 Page: N/A Purchase date: December 22, 2003 6) Common address of the property involved: 13400 N. Meridian Street Legal description: See attached Exhibit "A" q..Be dC.vre.G I-- #f. 51 LIt C - ('1.34 aL ft;/--~ Tax Map Parcel Nos.: 17-09-26-00":00-008.000 and 17-09-26-00-00-003.001 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). Sloped roof exceeding 100 feet without a change in roof plane. Ch. 236.09 D. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The proposed sports performance center consists of an expansive sports performance and training area that has a sloped roof, which to meet building design and function requirements, will exceed 100 feet without a break in roof plane. The design of the proposed building however will meet or exceed the high level of design found within the U. S. 31 Corridor Overlay Zone and required by the Ordinance. Page 1 of 5 .- U Present zoning of the property (give exact classification): B-6 u 9) 10) 11) 12) Size Qf loUparcel in question: 17.228 acres Present use of the property: Surface parking area and undeveloped ground Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices 13) Is the property: Owner occupied Renter occupied Ground Lease for Sports Performance and Medical Office Building 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. Other No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: NfA Builder: NfA 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who will operate andfor use the proposed improvement for which this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity Page 2 of 5 u u AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed erDuke Healthcare Real Estate I l\/~ Date STATE OF INDIANA 5S: COUNTY OF HAMILTON DOROTHY E. WOLFE NOTARY PUBLIC SEAL STATE OF INDIANA MY COMMISSION EXPIRES January 28. 2016 My County of Residence: j--if-itJJ Jh1.m I ~.J My Commission Expires: 1166049 Page 3 of 5 J:_ u U CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Sloped Roof exceedinq 100 feet without a chanqe in roof plane 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 sloped roof is an integral part the sports performance and training area which is one of the primary uses of the proposed sports performance center. This sports performance center will enhance rather than be injurious to the public health, safety, morals and general welfare of the community. 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 design and construction of this sports performance center is consistent with and complimentary to the health care facilities and hospital located on the Sf. Vincent Carmel health care campus and is consistent with the continuing development of the U.S. 31 Corridor Overlay Zone. 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: a sports performance and training area is critical to the mission and purpose of the proposed sports performance and physical therapy center and the sloped roof over this area and the requirement of the Zoning Ordinance for changes in the roof plane not less than every 100 feet presents a practical and significant difficulty in design and construction. 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 ofZoriing Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 5 of 5 u EXHIBIT A PAGE 1 OF 1 u LEGAL DESCRIPTION ST. VINCENT SPORTS PERFORMANCE CENTER u.s. 31 NORm CARMEL. INDIANA PARCEL 1: A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 18 NORTH. RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA BEING DESCRIBED AS FOlLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SEC1l0N 26. SAID POINT BEING SOUTH 00 DEGREES 18 MINUTES 37. SECONDS EAST (4sSUMED BEARING) 1309.78 FEET FROM THE NORTHWEST CORNER OF THE NORTHEAST QUAATER OF SAID SECl10N 26; 1lHENCE ON AND ALONG THE SOUTH UNE OF THE SAID NORTH HALF OF THE SAID NORTHEAST QUARTER. NORTH B8 DEGREES 37 MINUTES 39 SECONDS EAST 1023.79 FEET TO 1lHE POINT OF BEGINNING. SAID POINT ALSO BEING ON 1lHE SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF USR tll31; THENCE NORTH 70 DEGREES 34 MINUTES 18 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 1405.06 FEET; THENCE SOUTH 14 DEGREES 18 MiNUTES 44 SECONDS EAST 446.84 FEET TO THE SOLJ'T}i LINE OF SAID NORTH HAtF SECTION; THENCE SOUTH 88 DEGREES 37 MINUTES 39 SECONOS WEST ALONG THE SOUTH LINE THEREOF 1435.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7.178 ACRES, MORE OR LESS. PARCEL II: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26. TOWNSHIP 18 NORTH. RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, HAMILTON COUNTY. INDlANA, BEING MORE PARllCUlARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF SAID QUARTER SECTION SOUTH 89 DEGREES 48 MINUTES 50 SECONOS WEST 379.75 FEET OF THE SOUTHEAST CORNER THEREOF; THENCE CON1lNUING SOUTH B9 DEGREES 48 MINUTES 50 SECONDS WEST 315.95 FEET ALONG SAlO SOUTH LINE TO A POINT WHICH IS 1968.68 FEET MEASURED (1967.29 FEET DEED) EAST OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION: THENCE NORTH 00 DEGREES 48 MINUTES 06 SECONDS EAST, PARALLEL TO THE Ei\ST LINE OF SAID QUARTER SECTION, 1.31(1.91 FEET (1312.4 FEET DEED) TO THE NORTH LINE OF SAID QUARTER-QUARTER SECTION; THENCE NORTH 89 DEGREES 46 MINUTES 55 SECONDS EAST 315.95 FEET ALONG SAID NORTH LINE; THENCE SOUTH 00 DECREES 4B MINUTES 08 SECONDS WEST. PARALlEL TO THE EAST LINE OF SAID QUARTER SECTION. 1311.09 FEET (1312,4 FEET DEED) TO THE POINT OF BEGINNING. WOOLPERT WOOLPERT, INC. 7140 Waldemar Drive Indl11nllplllis, Indiana 46268-4192 317.299.7500 FAX: 317,291.5805 PROJECT No. 66;\29 DRAWING FILE; G:\SD\Project'\66~29 51. Vinoen 5ports P.rfOlTIH1I1,.\tNG\Ltgol-Surny 6832S-Lt9ca1D-e$c:ript\OIl.dw~ DATE 07/10/06 DR. CKD. ~ M~I REVlSlON5 ~ I',' \~ .. FEE: flti---. UCITY OF CARMEL - CLAYTOWNSHIP U !~/~~i ;?;: HAMILTON COUNTY, INDIANA r -",-,~ ~_. RECEIVED <>.. I; ')'i !ic APPLICATION FOR BOARD OF ZONING APPEALS ACTIOiji ~=~- JUl 11 2008 .,- - DEVELOPMENT STANDARDS VARIANCE REQUEST \~,' -~ DOCS A~;' Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each\idtiitlb}')gIJse~tj0p;Of the ordinance being varied. ~~. 2..U--'~ All Other $1 ,090.OOfor the first variance, plus $515.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO. 1) Applicant: Address: (JcIOq-600~ lJ DATE RECEIVED BremnerDuke Healthcare Real Estate 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: Project Manager: Engineer! Architect: St. Vincent Sports Performance Center Pat Shea, BremnerDuke Healthcare Real Estate Wool pert, Inc.: Ben Houle, Jon Sheidler Phone: 808-6900 Phone: 299-7500 Phone: 684-5369 Attorney: Paul G. Reis, Bose McKinney & Evans LLP 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.llnstrument No.: 2004-1729 Page: N/A Purchase date: 13400 N. Meridian Street Decem ber 22, 2003 6) Common address of the property involved: Legal description: See attached Exhibit "A" Tax Map Parcel Nos.: 17-09-26-00-00-008.000 and 17-09-26-00-00-003.001 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). Increase in Maximum First Floor Gross Floor Area from 40% Ch. 23B.08.05 B.1.a. 8) State reasons supporting the Development Standards Variance: The proposed sports performance center consists of an expansive sports performance and training area. That area is located on the first floor and by purpose and function must be open above. The second through fourth floors of the building are not above this area. Consequently, the fi rst floor gross floor area percentage is skewed by the significant area to be used for sports performance and training. The minimum height of the building and the intent of the Ordinance are satisfied however, notwithstanding the increased firstfJoor gross floor area. Page 1 of 5 /\ i ' Present zoning of the propert~ive exact classification): B-6 u 9) 10) 11) 12) Size.of lot/parcel in question: 17.228 acres Present use of the property: Surface parking area and undeveloped ground Describe the proposed use of the property: Sports Performance, Training and Physical Therapy Center and Medical Offices 13) Is the property: Owner occupied Renter occupied Ground Lease for Sports Performance and Medical Office Building 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. Other No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? BremnerDuke Healthcare Real Estate or an affiliated entity Page 20f 5 1\ u u A.FFIDAVIT I, hereby swear that I am the attorney for the applicant 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 correctto the best of my knowledge and belief. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. At .. Signed uke Healthcare Real Estate COUNTY OF HAMILTON ) ) SS: } STATE OF INDIANA Before me the undersigned, a Notary Public in and for said co~ State, personally appeared _ and acknowledged the execution of the foregoing instrument this /It'\. day 0 I 2008. My County of Residence: /-2f-/? -I-J-4Y(J I ~TD J ~i J1/~ Notary Pu blic DorOfhy ~-. (A/tdk Printed / My Commission Expires: OQR0TH"f E. WElLFE NOTARY PUBLIC SEAL STATE OF INDIANA MY COMMISSION EXPIRES January 28. 2016 1165988 Page 3 of 5 i~~ u U CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Increase in Maximum First Floor GFA 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 increase in the first floor gross area will accommodate and permit the sports performance and training area which is one of the primary uses of the proposed sports performance center and which will enhance rather than be injurious to the public health, safety, morals and general welfare of the community. 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 establishment of this sports perlormance center is consistent with and complimentary to the health care facilities and hospital located on the St. Vincent Carmel health care campus and is consistent with the continuing development of the U.S. 31 Corridor Overlay Zone. 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: a sports performance and training area is critfcal to the mission and purpose of the proposed sports performance and physical therapy center and the building cannot be constructed with this area and comply with the maximum first floor gross floor area standard. 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). Page 5 of 5 ., ~ u EXHIBIT A PAGE 1 OF 1 u LEGAL DESCRIPTION Sf. VINCENT SPORTS PERFORMANCE CENTER u.s. 31 NORTH CARMEL. INDIANA PARCEL I: A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 18 NORTH, RANGE :3 EAST, IN HAMILTON COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26, SAID POINT BEING SOUTH 00 DEGREES 18 MINUTES 37 SECONOS EAST (ASSUMED BEARING) 1309.78 FEET FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAlO SECTION 26; lHENCE ON AND AlONG THE SOUTH LINE OF THE SAID NORTH HAlF OF THE SAID NORTHEAST QUARTER, NORTH 88 DEGREES' 37 MINUTES 39 SECONDS EAST 1023.79 FEET TO lHE POINT OF 8EGINNING, SAlD POINT ALSO BEING ON THE SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF USR. 1/31; THENCE NORTH 70 DEGREES 34 MINUTES 18 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 1405.06 FEET; THENCE SOUTH 14 DEGREES 18 MINUTES 44 SECONDS EAST 446.84 FEET TO THE SOUTH LINE OF SAID NORTH HALF SECTION; THENCE SOIJTH 88 DEGREES 37 MINUTES 39 SECONDS WEST ALONG THE SOUTH LINE THEREOF 1435.93 FEET TO THE POINT OF BEGINNING: CONTAINING 7.178 ACRES, MORE OR LESS. PARCEL II: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN. HAMILTON COUNTY, INDIANA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE Of SAID QUARTER SECTION SOUTH 89 DEGREES 48 MINUTES 50 SECONDS WEST 379.75 FEET OF THE SOUTHEAST CORNER THEREOF: THENCE CONTINUING SOUTH 89 DEGREES 48 MINUTES 50 SECONDS WEST 315.95 FEET AlONG SAID SOUTH LINE TO ^ POINT WHICH IS 1968.68 FEET MEASURED (1967.29 FEET DEED) EAST OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 48 MINUTES 08 SECONDS EAST, PARALLEL TO THE EAST liNE OF SAID QUARTER SECTION, 1310.91 FEET (1312.4 FEET DEED) TO THE NORTH LINE OF SAID QUARTER-QUARTER SECTION: THENCE NORTH 89 DEGREES 46 MINUTES 55 SECONDS EAST 315.95 FEET ALONG SAID NORTH UNE; THENCE SOUTH 00 DEGREES 48 MINUTES 08 SECONDS WEST. PARAllEL TO THE EAST LINE OF SAlD QUARTER SECTION, 1311.09 FEET (1312.4 FEET DEED) TO THE POINT OF BEGINNING. ~ WOOLPERT, INC. 7140 Waldemar Drive Indianapolis, Indiana 46268-4192 317.299.7500 FAX: 317.291.5805 PROJECT No. 66J29 DRAWING FilE: G: \5D\projecl.\&6329 51. Vincenl Sport. P<!f"""cnc.\ENG\Logol-Su","y 68J29-LegclDescriptj(ln.dwg DATE 07/10/0B DR. CKD. NO. DATE REVISIONS WOQIl'BR.T nrr.... ,..... ".... - - - ~ = ::F :) ~ 1 I I ~ ~ I I ~ I , I I I I .$J L_~ ~ I l I .~~~- I ....... ...... ....... First Floor Sports Performance and Training Area (Open Above) ') '. ,.".... ..... ...... ....... ..... 4H' .... I, ';-:; -I -I.. First Floor Treatment. Therapy and Office Area ~ " Ii ~ l ~ " ---I ~ I ~!!W-- I I I I ~ , , I , , ~ Athletic & (Floors Above) . I ~. ~I~' ~~:. I' - .~L_~.---'~ ' ~=---==: \ , , \ , , , '. \~-----~--~---~---------~ lICiU.E:-lill!i".!".-a- 0' 4' 1-' \6' ~:.' ~- First Floor Plan 09 July 2008 Physical Therapy Center 27178 ~ ~. U CITY OF CARMEL - CLAY TOWNSHIPU HAMILTON COUNTY, INDIANA 4 RECEiVED JUL 1 1 2008 OOCS 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' sedioh 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 DOCKET NO. 1) Applicant: Address: tjqo crCOO.f U DATE RECEIVED BremnerDuke Healthcare Real Estate 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: Project Manager: St. Vincent Sports Performance Center Pat Shea, BremnerDuke Healthcare Real Estate Engineer/Architect: Woolpert, Inc.: Ben Houle, Jon Sheidler Phone: 808-6900 Phone: 299-7500 Phone: 684-5369 Attorney: Paul G. Reis, Bose McKinney & Evans LLP 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No.!lnstrument No.: 2004-1729 Page: N/A Purchase date: 13400 N. Meridian Street December 22, 2003 6) Common address of the property involved: Legal description: See attached Exhibit "An Tax Map Parcel Nos.: 17-09-26-00-00-008.000 and 17-09-26-00-00-003.001 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). Elimination of Straight Concrete Curb on perimeter of parking islands. Ch. 27.03.02 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The elimination of the curbing around the sides of the parking islands is being requested in order to provide for better stormwater drainage in the parking area, to reduce the sheeting and accumulation of stormwater runoff and to employ a more environmentally efficient method of handling storm water runoff. 9) Present zoning of the property (give exact classification): B-6 Page 1 of 5 10) 11) 12) u U Size of lot/parcel in question: . 17.228 acres Present use of the property: Surface parking area and undeveloped ground Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices ", 13) Is the property: Owner occupied Renter occupied Ground Lease for Sports Performance and Medical Office Building 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. Other No 15) Has work for which this application is be:ing filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? SremnerDuke Healthcare Real Estate or an affiliated entity Page 2 of 5 u u AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed STATE OF INDIANA 5S: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said COU}:; ,State, personally appeared _ and acknowledged the execution of the foregoing instrument this I flit day of 2008. DOROTHY E. WOLFE /lJ NO'^:J:..UBUC /)1J;d h iff J STATE OF INDIANA . MY COMMISSION EXPIRES January 28,2016 Notary Public ~ DOrD+hl/ k-: /1\/0 lIe-. Printed I My Commission Expires: 1- ./It--i (P ~m;LTo-J My County of Residence: 1166189 Page 3 of 5 " u U CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Elimination of curbinq around parkinq lot islands 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 elimination of the curbing will reduce the storm water sheeting and runoff in the parking area and provide for a more environmentally efficient method of collection and dispersa/of storm water. 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 elimination of the curbing will not cause the stormwater from the parking area to affect in any way the adjacent properties. 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 required curbing prevents the stormwater from flowing freely into the landscaped parking islands and causes the stormwater to be collected iil greater volume for detention presenting a practical difficulty in the detention and dispersal orthe stormwater from the parking area in an environmentally efficient manner.. 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). Page 5 of 5 ,. u EXHIBIT A PAGE 1 OF I u LEGAL DESCRIPTION ST. VINCENT SPOR'IS PERFURMANCE CENTER us 31 NORTH CARMEL, INDIANA PARCEL I: A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 16 NORTH, RANGE .3 EAST, IN HAMILTON COUNIY. INDIANA BEING DESCRIBED J.S fOLLOWS: COMMENCING AT TIiE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER Of SAID SECTION 26, SAID POINT BE1NG SOUTH 00 DEGREES 16 MINUTES 37 SECONDS EAST (ASSUMED ElEARING) 1309.76 FEET FROM THE NORTHWEST CORNER OF TIiE NORTHEAST QUARTER Of SAID SECTION 26: THENCE ON AND ALONG THE SOUTH UNE OF THE SAID NORll-I HALf OF ll-IE SAID NORTHEAST QUARTER. NORTH 68 DEGREES 37 MINUTES 39 SECONDS EAST 1023.79 FEET TO ll-IE POINT OF BEGINNING, SAID POINT ALSO BEING ON ll-IE SOUTHEASTERLY LIMITED ACCESS RIGHT-Of-WAY LINE Of USR 631; THENCE NORTH 70 DEGREES 34 MINUTES 18 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 1405.06 FEET; THENCE SOUTH 14 DEGREES 16 MINUTES 44 SECONDS EAST 446.84 FEET TO THE SOUTH UNE OF SAID NORTH HALF SECTION: THENCE SOUTH 88 DEGREES 37 MINUTES 39 SECONDS WEST ALONG THE SOUTH UNE THEREOF 1435.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7.178 ACRES, t.10RE OR lESS. PARCEL II: A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER Of SECTION 26. TOWNSHIP 18 NORTH. RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, HAMILTON COUNTY. INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH UNE OF SAID QUARTER SECTION SOUlH 89 DEGREES 48 MINUTES 50 SECONDS WEST 379.75 fEET OF THE SOUTHEAST CORNER THEREOf; THENCE CONTINUING SOUlH 69 DEGREES 48 MINUTES 50 SECONDS WEST 315.95 FEET ALONG SAIO SOUTH LINE TO A POINT WHICH IS 1966.68 fEET MEASURED (1967.29 FEET DEED) ooT Of THE SOUTHWEST CORNER Of SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 48 ~INUTES 06 SECONDS EAST, PARAlLEL TO THE EAST UNE Of SAID QUARTER SECTION. 1310.91 FEET (1312.4 FEET DEED) TO THE NORTH UNE OF SAID QUARTER-QUARTER SEcnON; THENCE NORTH 89 DEGREES 46 MINUTES 55 SECONDS EAST 315.95 FEET ALONG SAID NORTH UNE; ll-IENCE SOUTH DO DEGREES 48 MINUTES 08 SECONDS WEST. PARALLEL TO THE EAST LINE OF SAID QUARTm SECTION, 1311.09 FEET (1312.4 FEET DEED) TO THE POINT OF BEGINNING. WOOLPERT WOOlPERT. INC. 7140 Waldemar Drive Indianapolis. Indiana 46268-4192 317.299.7500 FAX: 317.291.5805 PROJECT No. 6~29 DRAI'i1NG riLE: G: \SD\l'roje<l.\66~29 51. Vlncen Sports P~rformlJl"lc~\ENG\Ll:'gcl-Surw'1 68J29-LegLII()el">c:::riFJI iun.d "9 DATE 07/10/06 DR. CKD. NO. DATE REVlSIONS ~ ~~ U CITY OF CARMEL - CLAY TOWNSHIP(J HAMILTON COUNTY, INDIANA '-.~' *' - RECEIVED JUL , , 2008 DOCS 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 additr~~~I:'se~tion~q(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 DOCKET NO. 1) Applicant: Address: ()qe f'oot) 6 J DATE RECEIVED BremnerDuke Healthcare Real Estate 510 East 96th Street, Suite 250, Indianapolis, Indiana 46240 2) Project Name: Project Manager: Engineer/Architect: S1. Vincent Sports Performance Center Pat Shea, BremnerDuke Healthcare Real Estate Wool pert, Inc.: Ben Houle, Jon Sheidler Phone: 808-6900 Phone: 299-7500 Phone: 684-5369 Attorney: Paul G. ReiSt Bose McKinney & Evans LLP 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Applicant is developing property under contract with Owner 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: St. Vincent Carmel Hospital, Inc. Owner's address: 10330 Meridian Street, Suite 430 Indianapolis, Indiana 46290 5) Record of Ownership: Deed Book No./lnstrument No.: 2004-1729 Page: N/A Purchase date: December 22, 2003 6) Common address of the property involved: Legal description: See attached Exhibit "A" Tax Map Parcel Nos.: 17-09-26-00-00-008.000 and 17-09-26-00-00-003.001 13400 N. Meridian Street 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). Parking between U.S. 31 Right of Way and 90 foot build to line. Ch. 23B.12 A. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Efficient and functional parking is necessary for the physicians and professional staff working in the proposed sports performance center. This requires a reserved parking area that can be accessed and used without interference from the general client, patient and visitor vehicular traffic and parking. These parking spaces will be screened from view by the existing trees and topography as well as by new and additional landscaping to be planted within the greenbelt. Page 1 of 5 ~ '4 9) 10) 11) 12) Present zoning of the properWive exact classification): Size of loUparcel in question: 17.228 acres Present use of the property: Surface parking area and undeveloped ground Describe the proposed use of the property: Sports Performance, Training and Physical Therapy and Medical Offices 8-6 u 13) Is the property: Owner occupied Renter occupied Ground Lease for Sports Performance and Medical Office Building 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. Other No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? As soon as all approvals are obtained. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Brem nerDuke Healthcare Real Estate or an affiliated entity Page 2 of 5 .; u u ,.. j AFFIDAVIT I, hereby swear that I,am the attorney for the applicant 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, The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony. Signed Zco(' STATE OF INDIANA COUNTY OF HAMILTON SS: Before me the undersigned, a Notary Public in and for said County and State, personally appeared _ and acknowledged the execution of the foregoing instrument this l/fIt day ~ 2008. NO~~ i!-14J1.v bnv-lJ+Au /Z", vJ()lf~ Printed I My Commission Expires: 1- 2. g-/~ ~ (i-7VA.i DOROTHY E. WOLF::: NOTARY PuLi_,C SEAL STATE OF INDIANA MY COMMISSION EXPIRES January 28. 2016 My County of Residence: 1166049 Page 3 of 5 " u U CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: BremnerDuke Healthcare Real Estate Variance: Parklnq between U.S. 31 ROWand 90 foot Build-to Line 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 minimal parking spaces will be screened from U. S. 31 and will not affect the right-of way of or traffic on U. $. 31. 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 parking spaces will be screened 'from U. S. 31 and adjacent properties to the north, south and west. The adjacent property to the east is surface parking for the adjacent medical office building and as such will have no effect on that property which is a part of the St. Vincent Carmel health care campus. 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 configuration of the site and the Zoning Ordinance require that the sports performance center be located to the north of the site. Efficient and functional parking is necessary for the physicians and professional staff working in the sports performance center. This requires a reserved parking area that can be accessed and used without interference from the general client, patient and visitor vehicular traffic and parking. Based upon the optimaf site layout, this area is best focated directly north of the bw1ding and within the 90 foot bw1d-to- line area. Location of this parking elsewhere will not be as efficient and as such will result in a practical difficulty to locate appropriate parking for the physicians and professional staff. 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). Page 5 of 5 .. u EXHIBIT A PAGE 1 OF 1 u LEGAL DESCRIPTION ST. VINCENT SPORTS PERFORMANCE CF.NTER u.s. 31 NORm CARMEL, INDIANA PARCEL I: A PART OF THE NORTH HALF OF THE NORTHEAST OUARTER OF SECTION 26 IN TOWNSHIP 16 NORTH, RANGE 3 EAST. IN HAMILTON COUNTY, INDIANA BEING DtSCRIBEO AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST OUARTER OF SAJD SECTION 26. SAJD POINT BEING SOUTH 00 DEGREES 1 B MINUTES 37 SECONDS EAST {ASSUMED BEARING) 1309.76 FEET FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26: THENCE ON AND ALONG THE SOUTH LINE OF THE SAID NORTH HALF OF THE SAID NORTHEAST QUARTER, NORTH BB DEGREES 37 MINUTES 39 SECONDS EAST 1023.79 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OFUSR ~31;. THENCE NORTH 70 DEGREES 34 MINUTES 18 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 1405.06 FEET: THENCE SOUTH 14 DEGREES 18 MINUTES 44 SECONDS EAST 446.84 FEET TO THE SOUTtl LINE OF SAID NORTH HALF SECTION; THENCE SOUTH 88 DEGREES 37 MINUTES 39 SECONOS WEST ALONG THE SOUTH LINE THEREOF 1435.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7.176 ACRES, MORE OR LESS. PARCEL II: A PART OF THE SOUTHEAST QIJARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN. HAMILTON COUNTY. INDIANA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF SAID OUARTER SECTION SOUTH 89 DEGREES 48 MINUTES 50 SECONDS WEST 379.75 FEET OF THE SOUTHEAST CORNER THEREOF: THENCE CONTINUING SOUTH 89 DEGREES 46 MINUTES 50 SECONDS WEST 315.95 FEET ALONG SAID SOUTH LINE TO A POINT WHICH IS 1968.68 fEET MEASURED (1967.29 FEET DEED) EAST OF THE SOutHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 46 MINUTES 08 SECONDS EAST. PARALLa TO THE- 'EAST UNE OF SAID QUARTER SECTION. 1310.91 FEET (1312.4 FEET DEED) TO THE NORTH LINE OF SAID QUARTER-QUARTER SECTION; THENCE NORTH 89 DEGREES 46 MINUTES 55 SECONDS EAST 315.95 FEET ALONG SAID NORTH UNE; THENCE SOUTH 00 DEGREES 48 MINUTES 08 SECONDS WEST, PARALLEL TO THE EAST LINE Of SAID QUARTER SECTION. 1311.09 FEET (1312.4 FEET DEED) TO THE POINT OF BEGINNING. WOOUJERT WQOLPERT, INC. 7140 Waldemar Drive Indlanapalls. Indiana 46268-4192 317.299.7500 FAX: 317.291.5805 ='''. ~ DRAWlNt: riLE: t:. '\'""'"""'"~" " ,._. Sports P~rformmu:a\E:NG\legal-Suf'w)' 6B329-Le901D-escrlpl ion.d'l'l'g OA TE 07/1 O/OB DR. CKO. o<rr I REV1S10NS =" ~