HomeMy WebLinkAboutApplication CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional of
the ordinance being varied. 1.
All Other $1,090.00 for the first variance, plus $515.00 for each additional section of.the ordinanc 'eing
varied OR see Hearing Officer Fees RECE
DOCKET NO. DATE RECEIVED: I
JUL I i 2008 i t
1) Applicant: Old Meridian, LLC Building #2 ®®0
Address: c/o Ersal Ozdemir, 47 S. Pennsylvania St., Suite 1000, Indpls., IN •46204
2) Project Name: Old Meridian Plaza Building #2 Phone: See Exhibit A
Engineer /Architect: See Exhibit "A" Contact List Phone: See Exhibit A
Attorney: Charles D. Frankenberger Phone: 844 -0106
Contact Person: See Exhibit "A" Phone: See Exhibit A
Email: See Exhibit "A"
3) Applicant's Status: (Check the appropriate response)
X (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: NA
Owner's address: NA
Phone N/A
5) Record of Ownership:
Deed Book No. /Instrument No. See Exhibit "B"
Page: Purchase date:
6) Common address of the property involved: See Exhibit "B"
Legal description: See Exhibit "B"
Tax Map Parcel No.: 16- 09- 26- 04 -02- 011.000 and 16- 09- 26- 04 -02- 012.000
7) State explanation of requested Development Standards Variance: (State what you want to do and
cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the
need for this request).
See Exhibit "C" for explanation of the Development Standards Variance requests that the Applicant
is seeking for Building #2.
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact Development Standards Variance
See Exhibit "D" Findings of Fact. Please note that the Applicant will prepare individual Findings of
Fact for all required variances after Staff reviews this application to determine if any other variances
may be required beyond what is requested herein.
9) Present zoning of the property (give exact classification): OM /MU (Old Meridian /Mixed Use)
10) Size of lot/parcel in question: Approximately 2.5 acres
11) Present use of the property: Residential Homes
12) Describe the proposed use of the property: retail building
13) Is the property: Owner occupied
Renter occupied X
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection
with this property that would relate or affect its use for the specific purpose of this application? If
yes, give date and docket number, decision rendered and pertinent explanation.
Applicant will also be seeking re -plat approval and ADLS /DP approval
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number: NA
Builder: NA
16) If proposed appeal is granted, when will the work commence?
Immediately upon obtaining all required approvals
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for
which this application has been filed?
The Applicant, its successors, assigns and tenants
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public
hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be
stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property
owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to
the Department of Community Services.
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AFFIDAVIT
I, hereby swear that I am the owner /contract purchaser of property involved in this application and that the
foregoing signatures, statements and answers herein contained and the information herewith submitted are
in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the
applicant to act on my behalf with regard to this application and subsequent hearings and testimony.
By 0 M: an C�
Signed: /d
Ers Ozdemir, Manager
Date: 1I (iilfA
STATE OF INDIANA
SS:
County of A A RO I
Before me the undersigned, a Notary Public for A 2 1 nN County, State of
(County in which notarization takes place)
Indiana, personally appeared Ersal Ozdemir, manager of Old Meridian, LLC, and acknowledged the
execution of the foregoing instrument this 11 114 day of 2008.
otary Public Signature
ANDREA M. ROELL
NOTARY PUBUC STATE OF INDIANA A ND R t A AN 2 e
MARION COUNTY
MY COMMISSION EXP NOV. 8. 2008 Notary Public Please Print
My commission expires:
I( 4 o�
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EXHIBIT "A"
CONTACT LIST
1. Applicant Old Meridian, LLC
c/o Ersal Ozdemir
47 S. Pennsylvania Street, Suite 1000
Indianapolis, IN 46204
Phone: 317- 636 -2000
Email: ersal @keystone corp.com
2. Attorney Charles D. Frankenberger
Nelson Frankenberger
3105 E. 98` Street, Suite 170
Indianapolis, IN 46280
Phone: 317- 844 -0106
Email: Charlie @nf- law.com
3. Engineer American Structurepoint, Inc.
Alan Fetahagic and Bill Butz
7260 Shadeland Station
Indianapolis, IN 46256
Phone: 317 -547 -5580
Email: Afetahagic @structurepoint.com
Bbutz@structurepoint.com
4. Architects Rottmann Architects, Inc.
Todd Rottmann and John Suter
47 S. Pennsylvania Street, Suite 1010
Indianapolis, IN 46204
Phone: 638 -3184
Email: Todd @rottmannarchitects.com
John@rottmannarchitects.com
American Structurepoint, Inc.
Tad Lupton
7260 Shadeland Station
Indianapolis, IN 46256
Phone: 317 -547 -5580
Email: Afetahagic @structurepoint.coln
Bbutz@structurepoint.com
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1 0
EXHIBIT "B"
Legal Description
Lot Eight (8) in R.A. Franke's Subdivision, a subdivision of a part of the southeast quarter
of Section 26, Township 18 North, Range 3 East, as per plat thereof recorded November 4, 1941 in
Deed Record 128, page 197.
Except: 273.40 feet by way of parallel lines off of the entire East side of Lot Eight (8) in
R.A. Franke's Subdivision described above.
Common Address 12863 Old Meridian Street, Carmel, Indiana 46033
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EXHIBIT "C"
EXPLANATION OF DEVELOPMENT STANDARDS VARIANCE REQUESTS
The Applicant is seeking the following development standards variances for Building #2
1. Section 20G.05.04 (B)(1)(a) Building height minimum of 28 feet and 2 occupiable floors. Pi
2. Section 20G.05.04 (B)(2)(b) Maximum front yard setback 20 feet from all public streets.0 1 1
3. Section 20G.05.04 (B)(4) Minimum side yard setback of 4 feet. Der:0
4. Section 20G.05.04 (B)(5) Minimum rear yard setback of 5 feet. 0 f
5. Section 20G.05.04 (C)(3) Seventy -five percent (75 of all buildings must face a public
street. D °lath'
6. Section 20G.05.04(G)(3) Parking must be located in rear or side of buildings. D 'O'opit V
Please note that if the Staff determines additional variances are required beyond what is set
forth above, the Applicant will supplement this application with any additional variances that are
required. Further, the Applicant will prepare separate Findings of Fact for all requested variances
and will be sure to include the individual Findings of Fact in the BZA informational brochures.
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CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Old Meridian, LLC
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 requested variances will allow for the construction of an attractive and appealing
building that will be not 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 requested variance will allow the construction of an attractive and appealing building
that will not have a substantially adverse impact on the use and 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:
Absent the approval of the variances that are requested, the Applicant will be prevented
from constructing an attractive and appealing building on the site.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards
Variance Docket No. is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and.made a part hereof.
Adopted this day of 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)
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Page 1 of 2
Charlie Frankenberger
From: Charlie Frankenberger
Sent: Friday, July 11, 2008 10:02 AM
To: 'G Nishida'; 'Lenhowardjr @aol.com'; 'Mark Vollbrecht; 'William Farrell'
Cc: 'Mike McGinley'
Subject: FW: Carrington Purchase
Hi guys,
Please see below. This is good news and we can now go forward. Please come down to my house this
weekend and sign a revised signature page. Next week I will then get the revised signature pages to Mike so
Mike can substitute this one page and sign and return to me the agreements. Thanks.
From: Charlie Frankenberger
Sent: Friday, July 11, 2008 9:55 AM
To: 'Mike McGinley'
Subject: RE: Carrington Purchase
Hi Mike,
That's great news! There's just one small problem with an easy solution the contract you have gave the
Dad's Club until June 30 to sign, so I need to get you a revised document. The only revision will be to give the
Dad's Club until sometime later this month to sign. I will do this and get it to you next week.
Mike, thanks for your help in making this happen. I think it's a win -win for everyone.
Have a great weekend.
From: Mike McGinley [mailto:mmcginley @carmeldadsclub.org]
Sent: Friday, July 11, 2008 9:31 AM
To: Charlie Frankenberger
Subject: FW: Carrington Purchase
Charlie,
Ready to put my signature on the documents
Mike McGinley
From: Mike McGinley
Sent: Wednesday, July 02, 2008 4:13 PM
To: 'Charlie Frankenberger'
Subject: RE: Carrington Purchase
Happy July 4 to you
1 shall reread and then contact Baker Daniels and get moving on this closing.
I'II contact you next week
Mike McGinley
7/11/2008