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MERIDIAN MAIN
A Browning Development
Meridian Main
Development Standards Variance
Docket No. 12020007 V
Informational Packets
February 27, 2012
Section I Docket No. 12020007 V
Section II Site Plan
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Table of Contents
Section III Site Plan 1
Section IV Site Plan 2
Section V Legal Description
Docket No. 1112013 V seeking to construct 127 parking spaces versus the 150
spaces required. The site is burdened by a right -of -way taking by the Indiana
Department of Transportation.
Site Plan 1 is attached to reflect these proposed Variances.
Meridian Main
Variance Request
Docket No. 12020007 V
The Petitioner has filed for two Variance requests which are currently on file with the
Department of Community Services related to the property as follows:
Docket No. 11120012 V seeking to construct two 15,000 square foot buildings
with one occupiable floor. Section 23B08.03.4 requires a minimum of two
occupiable floors.
Upon further discussions with Carmel DOCS Staff personnel, a compromise was
suggested related to the above Variance requests to relocate one building along Main
Street as depicted on Site Plan 2. While proposed compromise is acceptable, this Site
Plan 2 was less efficient in terms of parking. Therefore the Petitioner is now requesting
a Variance to reduce the minimum floor area from 15,000 square feet to 13,000 square
feet on one building. This will allow for the required parking spaces (127) as requested
above.
CITY OF CARMEL BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each additional section of the
ordinance being varied. All Other $1,177 for the first variance, plus $556 for each additional section of the
ordinance being varied. Or, see Hearing Officer Option Fees.
DOCKET NO. 12020007 V
1) Applicant: Meridian 131, LLC
Address: 6100 W. 96th Street, Suite 250, Indianapolis, IN 46278
purchaser of the property. (c) Other:
5) Record of Ownership:
Deed Book No /Instrument No. 2007060171
Page: Purchase date: October 2, 2007
DATE RECEIVED:
2) Project Name: Meridian Main Phone: 317 344 -7328
Engineer /Architect: Gripe, Inc. Phone: 317 844 -6777
Attorney: Joseph Scimia, Faegre Baker Daniels Phone: 317 569 -4680
Contact Person: James W. Browning Phone: 317 344 -7328
Email: ibrowninge..browninoinv.com
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
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone:
6) Common address of the property involved: 1440 West Main Street, Carmel, IN
Lot 1 of Meridian Main as depicted on Exhibit "A" attached hereto, which is part of the
Legal description: real estate described nn Fxhihit "R" attached heretn
17-09-26-02-01-001.001; 17-09-26-00-00-004.001;
Tax Map Parcel No.: 17- 09- 26- 00 -00- 005.002; 17- 09- 26- 00 -00- 005.001
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).
Applicant requests a Variance of Development Standards of the US 31 Overlay District to provide for the
development of a building with 13,000 square feet of gross floor area. Sec. 238.08.05 requires a minimum
gross floor area of 15,000 square feet.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance"). To provide for the appropriate balance
of parking and building size, the number of parking spaces has been increased which required the footprint
of the building to be reduced.
9) Present zoning classification of the property: B-6 US 31 Overlay
10) Size of lot/parcel in question: A pproximately 3.36 acres
11) Present use of the property: Vacant
12) Describe the proposed use of the property: Retail
Th
To Be
13) Is the property: Owner occupied Renter occupied Leased 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, instrument no., decision rendered and pertinent explanation.
Rezoning petition docket number 0702012Z and commitments recorded as Instrument No. 2007044967.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Meridian 131, LLC
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 !east 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 noticewas
completed.)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature: 1 I Date: 1// 0. 2
The applicant certifies igning this application that/ e/she has been advised that all representations of the Department of
Community Services are .dvisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or
the legal advice of his /her attomey
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Docket No.:
Petitioner:
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
Reduction of Minimum Gross Floor Area
Meridian 131, LLC
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 variance will permit a building with a smaller footprint which will allow additional space
to be utilized for parking needs
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 location of the requested variance is internal to the master planned development of Meridian Main,
therefore, the use and value of adjacent properties will not be adversely affected.
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 building complying with the minimum required gross floor area would result in a larger footprint reducing
the area for the proposed parking.
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 12020007 V 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 27th day of February 20 12
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
DECISION
Conditions of the Board are listed on back Petitioner or representative to sign.
Page 10 filename development standards variance 2012 doc rev 12/2812011
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LEGAL DESCRIPTION
Parcel I: 17.020 Acre Parcel Description
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North
00 degrees 14 minutes 28 seconds West (based on a survey by Pints Roberts Petrie, Inc.,
Project No. 03023) along the West line of said Northeast Quarter 96.29 feet to the proposed
North right ofway of 13 1M Street and the POINT OF BEGINNING; thence continuing North 00
degrees 14 minutes 28 seconds West along said West line 616.06 feet to the Southern Limited
Access Right of Way of U.S. 31 and a non- tangent curve to the right having a radius of 2146.83
feet, the radius point of which bears South 47 degrees 17 minutes 35 seconds East; thence
Northeasterly along said curve 1041.44 feet to a point which bears North 19 degrees 29 minutes
55 seconds West from said radius point; thence North 70 degrees 27 minutes 05 seconds East
159.48 feet; thence North 88 degrees 46 minutes 11 seconds East 30.73 feet; thence South 00
degrees 11 minutes 57 seconds East 780.64 feet; thence South 89 degrees 48 minutes 03 seconds
West 609.68 feet; thence South 44 degrees 07 minutes 42 seconds West 100.33 feet; thence
South 01 degrees 16 minutes 57 seconds East 401.00 feet to the proposed North right of way of
13 f' Street (the following two courses are along said North right of way); 1) thence South 88
degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter
326.71 feet to a non tangent curve to the left having a radius of 100.00 feet, the radius point of
which bears South 44 degrees 17 minutes 23 seconds West; 2) thence Northwesterly along said
curve 52.15 feet to the POINT OF BEGINNING, which point bears North 14 degrees 24 minutes
45 seconds East from said radius point, containing 17.020 acres, more or less.
y arcel II: 4.066 Acre Parcel Description
Part of the Northwest Quarter of Section Twenty -six (26) In Township Eighteen (18) North,
Range Three (3) East in Hamilton County, Indiana, described as follows:
Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00
degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of
712.35 feet to a point on the easterly limited access right ofway line for U.S. Highway 31 (North
Meridian Street), said point being on a curve having a radius of2146.83 feet, the radius point of
which bears South 47 degrees 16 minutes 28 seconds East; thence southwesterly along the curve
of said right of way line in arc distance of 765.78 feet to a point which bears North 67 degrees 42
minutes 40 seconds West from said radius point; thence continuing along said right ofway line
South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees
30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07
seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the
Beginning Point; containing 4.066 acres, more or less.
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