HomeMy WebLinkAboutApplicationCITY OF CARMEL — BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEE: 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 Fees.
DOCKET NO. DATE RECEIVED:
1) Applicant: Gibraltar Properties, Inc.
Address: See Exhibit `B"
2) Project Name: Green on Meridian
Engineer /Architect: N/A
Attorney: Charles D. Frankenberger
Phone: See Exhibit `B"
Phone: (317) 844 -0106
Email: Charlie(nf- 1aw.com
Contact Person: Jon C. Dobosiewicz Phone: (317) 844 -0106
Email: jon(a�nf- law.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 The applicant is the sole general partner of the limited partnership which is the owner of the
real estate.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: GPI Office Properties II, L.P.
Phone: See Exhibit `B"
Landowner address: See Exhibit `B"
5) Record of Ownership:
Deed Book No./Instrument No.:
6) Common address of the property involved: 10293 Meridian Street North, Indianapolis, IN 46290
Legal description: See "Exhibit A"
Tax Map Parcel No.: 16- 13- 11- 00 -00- 014.001
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).
A portion of the subject parcel will be taken by the State of Indiana (the "State ") for use as public
right -of -way (see attached exhibits) in the Indiana Department of Transportation's project to make US
31 a limited access roadway. The taking of a portion of the real estate for right -of -way, as illustrated
in the attached exhibits, will impact existing setback, parking and landscaping requirements. Section
23B.08.01 of the Zoning Ordinance addresses setbacks and build -to- lines, Section 23B.12 and 27.08
of the Zoning Ordinance addresses parking requirements and Section 23B.10 of the Zoning Ordinance
addresses site landscape requirements. The taking by the State will result in inadequate room for the
necessary setbacks, the elimination of some required parking spaces and the elimination of required
landscaping and landscape area. Absent relief from the above noted requirements of the Zoning
Ordinance, the taking by the State will result in non - compliance with the Zoning Ordinance and, as
such, the Applicant is requesting the subject variances.
Gibraltar- DSV 091012 - Copy
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact - Development Standards Variance ").
See the attached Findings of Fact.
9) Present zoning of the property (give exact classification): B -5 (Business)
10) Size of lot /parcel in question: 2.5 +1- acres
11) Present use of the property: General Office
12) Describe the proposed use of the property: General Office
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.
I5) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence? N/A
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 and assigns
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.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Gibraltar Properties, Inc.
Applicant Signature: By: /4 . (J
Jay B mer, President
Date: 9 /1 2_ 41-
The applicant certifies by singing this application that he /she has been advised that all representations of the Department
of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning
ordinance and /or the legal advice of his/her attorney.
Gibraltar- DSV 091012 - Copy
EXHIBIT "A"
(LEGAL DESCRIPTION)
PARCEL A
A part of the Northwes Quarter of Section 11, Township 17 North Range 3 East of the
Second phnc�o|Me��aninHani|mn County, |n�mno.nvo, particularly described bednsfollows:
Commencing at the Northeast comer of said Quarter Section; thence South 00°4622" West
along the East line of said C}oa�erSerUonn distance of%O16.58 —ttompointanVle3outhright-
of-way line of 103rd Street as per Indiana State Highway Commission Plans for Project
No 1-465 4(82) 130; thence north 89°34'15" West along said line a distance of 260.00 feet to the Point of thence South 01°41'20" East 407.01 feet; thence North 60~1'30r West 97.20 feet:
thence South 76°3T52" West 51.90 feet: thence South 44'12'39" West 84.51 feet; thence wo�~ 45^472O~Vest823�eL thence North O3^2S'53- West D7.Q3 feel to the Easterly Limited Access of U.G. 31 as per said |ndinnn Stale Highway Commission Plans; thence on (xe kz0owingm,ee(�onumesa|ong the Eaa�rya�d�outhe*y��ht-of-wa y line as per said Project' 1) 00°30'08" East 34059 (pot 2) North 34~59^52^ East 10* . 76 feet;
213.29 feet to the Point of Beginning, containing 2,507 acres, more or less,
3) South 69^34'15~ East
A part ot the Northwest Quarter of Secton 11, Township 17 North, Range 3 East of the
Second Principal Mw�dianiqHamAionCounty, |ndiona, rnorcparhou{a�ydescribed as follows:
Commencing at the Northeast comer of said Quarter Section; thence South 00°46'22" West
along the East line of said Quarter Section a distance of 2016.58 4,e| m a point on the South right-
of-way line of 103 rd Street as per Indiana State Highway Commission Plans for Project No. l-465'
*($2) 130, said point also being the Point of Beginning; thence continuing South 00^45'22^vvcst
along said East line 407.37 feet; thence North 89°13'38" West 65.35 feet; thence North 50^16'30^
West 10A,0Ofeet; thence South 29'43'30" West 36.37 feet; thence South 7 ^23'48~Wexi6000 feeL
thence North 01°41'20" West 4O7.O1 feet to the above said South right-of-way line of 103rd Street: South 89°34'15" East along said line 260.00 feet to the Point of Beginning, containing
2.259 `
acres, more or less.
Also known as parcels numbered A and B in The Green on Ne Meridian in Hamilton CounY,
indiama, as per Land Title Survey Recorded in Plat Book 13, Pages 64-85, in the Office of the
Recorder of Harnilton County, Indiana.
EXCEPT:
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, in
Hamitton County, Indiana, described as foilows:
Commencing at the Southeast corner of said Northwest Quarter Section; thence South
8U~55'49~VVest 532.24 feet (South 89°53'26" West 529 53 feet, measured) along the South line of
said Qiarter Section to the prolonged East boundary of U.S. Highway 31; thence North 00~0O25~
West 372.47 feet along sald prolonged boundary and said boundary; thence atong said boundary
Northerly 181.98 feet along the arc of a curve to the right and having a radius of 22,773.31 feet and
subtended by a long chord having a bearing of North 00~13'19^ West and a length of 181.98
181 98bae�
t (Mo�hDO~3�'O8^EnotS5T.41 �e<.along said prolonged boundary and said boundary ' measured) to Point of Beginning of this description, which point is where said East boundary meets the boundary of the intersection of said U.S.R. 31 and 103rd Street: thence North
- 31~14'40~ East 1V9.97 feet (Nn�h34^59'5Z^ East 184-7O feet, measured) along the boundary of The
knte,se�|on of said U.S.R. 31 and 103rd Street to a point on the South line oy East 103~Gbee,:
thence South 1'09'30" East 15�V0 feet (Gmu�h Yeot 15.00 feet, measured) to a point; South 36'00'45" West 97.93 feet (South 39'59'10" West feet, nm):othepoin{
of Beginning. and containing 438.47 square feet (0.010 acres), (421 epu�rafeet, mcanu,ed>-
Subject hoa Grant o{Right-of-VYay. recorded as Instrument Nu 89'14775 in the Office of (he
Recorder of Hamilton County, Indiana, and aUother hghts'n�way. restrictions and easements.
Gibraltar- DSV 091012 - Copy
EXHIBIT "B"
(CONTACT LIST)
1 Applicant: Gibraltar Properties, Inc.
Attn: Jay A. Brammer, President
3925 River Crossing Parkway, Suite 100
Indianapolis, IN 46240
Phone: 317 -816 -9000
Email: ibrammer(a�crownhill.org
2. Owner: GPI Office Properties 11, L.P.
Attn: Jay A. Brammer
3925 River Crossing Parkway, Suite 100
Indianapolis, IN 46240
Phone: 317 -816 -9000
Email: jbrammer(a�crownhill.org
3. Attorney /Land Use Professional:
Charles D. Frankenberger
Jon C. Dobosiewicz
Nelson & Frankenberger
3105 E. 98th Street, Suite 270
Indianapolis, IN 46280
Phone: 317- 844 -0106
Fax: 317- 846 -8782
Email: Charlie(a�nf law.com
Email: Jon(a�nf law.com
Gibraltar- DSV 091012 - Copy
103Street
rd
SITE
NORTH
NORTH
GPI Office Properties II LP
Site Location Map / Aerial Photograph
103Street
rd
SITE
NORTH
NORTH
(not to scale)
(not to scale)
GPI Office Properties II LP
New Right-of-way (shown in red)
103Street
rd
35’+/-
70’+/-
NORTH
NORTH
GPI Office Properties II LP
New Right-of-way (shown in red)
NORTH
NORTH
GPI Office Properties II LP
Landscaping Exhibit
NORTH
NORTH
GPI Office Properties II LP
Encroachment into parking area
Donahue-Wold, Alexia K .-
' From: Donahue-Wold, Alexia K
Sent: Thursday;September 13, 2012 3:30 PM
To Barnes„David R; Blanchard, Jim.E; Boone, Rachel.M:; Conn, Angelina V; Donahue-Wold,
Alexia K;Duncan, Gary R; Foley, Amanda J;r Hancock, Ramona B; Hollibaugh, Mike P; 'John
Molitor, Keeling, Adrienne M;.Littlejohn; David W; Lux,,Pamela K; Maki, Sue; Martin, Candy;
Mindham, Doren; Mishler, Nicholas,F; Redden, Nick; Stewart, Lisa M; Thomas, John G;
T,ingley,'ConnieTS
Cc: Jon.Dobosiewicz(jon@nf-law.corri)
Subject Docket No. Assignment: (V) Gibraltar;,Green on Meridian (12090006-7 & 12090010 V)
I have issued the necessary Docket Number:for(V)Gibraltar, Green on Meridian: It is the following:
(V) Gibraltar,Green,on,Meridian
The applicant seeks the following development standards'variance'approvals:
Docket No. 12090006E ZO CH 23B.08.01 90 foot Build to,Line'(70feet requested)
Docket No 12090007 V ZO CH 238.10 Landscaping Requirements(as.it relates to the portion along US 31)
DbcketNo. 12090010 V ZO CH 27.08 Amount of Parking Spaces Required
The site is located at 10293 Meridian Street North. The site is zoned B-5/Business within the US 31 Corridor Overlay
Zone. Filed by Jon.Dobosiewicz of Nelson & Frankenberger on behalf of Gibraltar Properties, Inc.
Jon can be contacted at(317)844-0106or jon @nf-law.com
Filing Fees:
Variance Hearing Officer fee: $ 617.50
Additional'Variance Hearing Officer fee: $308.00
Additional.Variance Hearing Officer fee: $'308.00
Total Fee: $ 1,233.50
Filing Dates&'Deadlines. Petitioner, please note.the following:
1. This item does not need to be on,a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published PublicNoticeineeds to occur no later than September14. Published notice is required within
the Indianapolis Star. Note::in additiorrto certified mailings toy neighbors and public notice ad,the placement of a
,public'hearing sign on the property is also required bythe BZA Rules,of:Procedure,Article VI,Section 6(see
application): Make,sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM and the
location reads City Hall Caucus Rooms. 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 @indvstar.com).
3. The Filing Fee and Nine (9) Informational'Packets must be delivered to BZA Secretary Connie Tingley no later than
NOON. Friday,.September,14,2012. Failure to submit Informational Packets by this will result in the automatic
tabling of tlie•petition.
4. The Proof of Public Notice (newspaper affidavit, green cards,etc.) will need to be received by this Department no
later than noon,Wednesday,September 19, 2012. Failure to submit Proof of'Notice bythis time will result in the
tabling of the„petition.
5. This Item will'appear on the Monday, September 24, 2012 agenda of the Board of Zoning Appeals Hearing Officer
Meeting under Public Hearings.
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6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet the night of the meeting for the Hearing
Officers use (Page 10). On Ballot sheets, only fill out docket number, petitioner, and date (Page 9)..
7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be
heard. If no:oneappears, it will be tabled.
8. Please refer to your instruction sheet for more details.
I 1
Planning Department's Preliminary Review Comments; petitioner.bleaselrestiond`to: he following:
1. Make sure the public notice meeting time to the:newspaper and'neighbors reads.5:30 PM: It issuggested to send,
the''notice to,theindianapolis 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 Affidavit from the owner(page 6,of:the application.)'
4. Please pro-vide filled out„and notarized Placement of'Public Notice.Sign affidavit.
5. Pleaseprovide acopy of the adjacent properties owners list.from Hamilton County.
6. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
7. Provide the filled,out Notice of the Public Hearing before the BZA form.
8. Please provide proof of notice from the Indy Star, once you receive it.
9. Please provide green signed,"return receipts from the certified mailings onceyou receive•them.
10. Please provide a parking comparison with the current amount of parking provided, the number of spaces required
per the Ordinance, and the number of spots that wilfbe displaced.
11. Could additional landscaping be'planted in the right-of-way to help mitigate the 30 foot greenbelt that will be
displaced?
•
Thank you,
Alexia Donahue Wold
Planning Administrator
City,of Carmel, DOCS
One Civic,Square
Carmel, IN 46032
317.571.2417
awold@carmel:in.gov
EA Please consider the environment before printing this e-mail
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CITY OF CARMEL—BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEE: Single Family(Primary Residence)$297 for the first:variance,,plus.$91.50 for.each'additionalsection of the
ordinance(being varied. All'Other'$1,177-for the'first variance;,plus$556,for each additional section of the
oi'dinaiidre..being varied. OR,'see/Hearing:Officer Fees:
DOCKETNO.-)%d0rl_ __ _ _ 1 Id(IICCX5)\, DATE.RECEIVED: _
I) Applicant. Gibraltar-Properties, Inc. .0 i lo V
Address: See Exhibit"B" Phone: See(Exhibit"B"
2) Project Name. Green on Meridian
Engineer/Architect: N/A
Attorney: Charles D.Frankenberger Phone: (317) 844-0106
Email: Charliea,nf-law.com
Contact Person: Jon C. Dobosiewicz Phone: (317)844-0106
Email: ion(nf-law.com
3) Applicants 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.The applicant,is the sole general partner of the limited partnership which is the owner of the
real estate.
4) If Item 3)(c)is checked,please complete the following:
Owner of-.the property involved: GPI Office Properties II, L.P.
Phone: See Exhibit`B"
Landowner address: See Exhibit`B"
5) Record.of Ownership:
Deed Book No./Instrument No.:
6) Common address of the property involved: 10293"Meridian-Street North; Indianapolis, IN 46290
Legal description: See"Exhibit A":
Tax Map Parcel No.: 16-13-t1-00-00-014.001
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).
A portion of the subject parcel will be taken by the State of Indiana (the t'Stdte") for use as.public
right-of-way (see attached exhibits)°in'the Indiana Department of Transportation's project to make US
31'a:litnited accessaoadway. The taking of a portion of the'real estate'for right-of-way, as illustrated
in the attached exhibits, will'-iinpact existing setback, parking and landscaping requirements. Section
23Bi08.01 of the Zoning Ordinance addresses_setbacks and bQild-tO-Iihes Section 23B.12 and_27.08
of the Zoning'Ordinanceaddressesparking requirements and:Section,2313110 of the Zoning Ordinance
addresses site'landscape-requirements: The taking'bythe State will.result in inadequate room for the
necessary setbacks the elimination of some required parking spaces and the elimination of required
landscaping and landscape .area.. Absent relief from the above noted requirements of the Zoning
Ordinance, the'taking by the State will result in non compliance With the Zoning'Ordinance and, as
such,the Applicant is requesting the subject variances.
Gibraltar OSV,091012-Cop)
8) State reasons supporting the Development Standards Variance:(Additionally;complete the attached'question
sheet entitled"Findings of Fact-Development Standards Variance").
Seethe attached Findiitps of Fact.
9) Present zoning of the proper&(give exact classification):1315'(Businessl
10) Size of let/parcel in question: 2.5-+/-acres
11) Present use of the property:GeneratOffice.
12) Describe,the proposed use-of the property:. General Office
13) Is'theproperty: Owner,occupied
Renter oceapied X
Other •
14) Are there any restrictions laws,covenants variances,special uses,or appeals filed m'connection with this
property,that would relate,or affect its use;for the specific purpose of this apphcation9 If yes,give date and
docket number,decision rendered and pertinent explanation.
15) Has work.for which this application is being filed already started?If answer is yes,give details: No
Building Permit Number: N/A
Builder- N/A
r
16) If proposed appeal is granted,,when,will'the work commence? N/A
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 and
NOTE: LEGAL NOTICE shall bepublished in the indirmapolis'Stara MANDATORY twenty-free(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 adjoiningtand abutting property owners (A receipt signed'by:the'radjoining and abutting property owner
acknowledging the twenty-five(25)day notice should be kept for venficabon that ttie notice was completed)
&AI,JZF THE BURDEN OF PROOF FOR ALL,.NOTICES'IS THE RESPONSIBILITY OE THE APPLICANf.AGAIN,THIS TASK MUST BE
COMPLEI ED AT LEAST TWENTY-FIVE(25)DAYS PRIOR TO PUBLIC HEARING DATE.
The,applicant'understands that docket ntunbers wil] not Ito assigned ritiLall surmortina'information has been submitted to the Department of
Community Services.
The applicant understands'Yhat,docketinumbers will not be assigned until all supportinainformation.has been
submittedao'.the bepartmentof Comrimuulty Services.
Gibraltar perties",�Inc. '/�)
• App]icanfiSignature: By I V, / u Date: R//.2/!
Jay :B- -mer,President 1�gAID 1112A
rt,.nt
The applicant certifies by singing this application that helshe;has been advsed'that all representatio r 9„MOO.
rti
of-,Commtuuty Services are advisory only and.that the applicant should rely on appropriate s�vist�ol r(,� g ?y
ordinance and/orthe legal advice of his/her attorney;
?41/
dLa 1 Oj
r"arim.-nsy osictz cwy
dt4 14 046
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*The ap'licant will provide individual ballot sheets for all requested variances at the.BZA meeting.
CARMEL ADVISORY BOARD OF'ZONING APPEALS
Carmel, Indiana
Docket No.: 12090006 V. /2090007 V and-12090010-V
Petitioner:Gibraltar Properties, Inc.
FINDINGS OF FACT—DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
l
3.
DATED THIS 24ih DAY OF SEPTEMBER,2012.
Hearing Officer
Gibraltar-DM'091012-Copy'
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CARMEL A DVISORY BOARD OF--ZONING APPEALS
CARMEL, INDIANA
Docket No.: 12090006 V,.12090007:V and I20900I0-V
Petitioner: Gibraltar Properties, Inc.
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.granting of the variance will allow the continued use of the property in compliance with the
Zoning-Ordinance: The continuation of the use of the property in the same manner in which it has
operated since its approval will not be injurious to the public-heath; safety; morals and general welfare
of-the community. The,taking_of part'°of the-property by the State will result ina reduction in building
setback, parking spaces and'landscaping, which will not=impact the public heath, 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.granting of the variance will allow the continued use of the existing property in compliance with
the'Zoning Ordinance. The:continuation,of the use of the propety. including-but not limited to the use
of existing access areas to adjoining properties; in the same manner'which the property has operated
`since-its approval;will not affect the use or value of adjacent properties, many of which will also be
diminished by reason of the-takings'incident to the State's Transportation's project to make US 31 a
limited access roadway.
3. The strict application Of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use the property because:
A portion of the property is being taken by the State-for.use as public right-of-way in the Indiana
Department of Transportation's project'to make US 31 a limited access roadway. The taking will
result,in inadequate fooin foffthe necessary'setbacks,,the elimination of some required parking spaces
and the elimination of required landscaping and landscape area The applicant is requesting relief
from the ordinance standards noted in its application for variance in order-(0 to maintain compliance
with the Zoning Ordinance in so far-as the taking of Property by theState would otherwise result in
non-coiinplianceand(ii).to:allow!the continuation of the use and property'in the same manner which it
has operated since its'establishment.
DECISION
IT IS THEREFORE the decision,. of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket Nos. 12090006 V and 12090007 V are granted,, subject to any conditions stated in the
minutes ofthis'Board, which are incorporated herein by reference and made part hereof.
'Adopted-this 24`�'day of September, 2012.
HearingiOfficer, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Gibraltar-D517,091012-Capy