HomeMy WebLinkAboutApplications
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23B.08.06A - Maximum ~JJ~J:,'I,~,.,e,.,1 Co~~r~g~,:,\. " t ~~__
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CITY OF CARMEL - CLAY TOWNSHIP . r,~~" , /(J.........
I HAMILTONCOUNTY~INDIANA ,.yo; A
APPLICATI~N FOR BOARD OF ZONING APPEALS ACTIO~~
DEVELOPMENTAL STANDARDSVARlANCE REQUEST
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I DATE RECEIVED:
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Applicant: JRR Meridian" LLC" an Indiana limited liability company
Address: 9000 iKeystone Crossing" Suite 1050" Indianapolis" IN 46240
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Project Name: I Fidelity on Meridian Phone: 317/566-5611
Engineer/Architect: Advocati" LLC" c/o Christopher McComas Phone: 317/430:3504
Attorney: Char~es D. Frankenberger. Nelson & Frankenberger Phone: 317/844-0106
Applicant's Stals: (Check the appropriate response)
X (a) 'ilie lpPlicant's name is on the deed to the property
(b) The! applicant is the contract purchaser of the property
(c) Othfr:
If Item (3) (c) iJ checked, please complete the following:
Owner of the p~operty involved:
Owner's addres~:
Record of OwnLShiP: Owners are JRR Meridian, LLC. GDR Meridian. LLC, 1MB
Meridian" LLCJ JSH Meridian" LLC" SFS Meridian" LLC. The closing occurred on
3/17/05" and thJ deed has not yet been recorded.
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Deed Book ~O.lIInstrument No.
Page: i Purchase Date:
Common addrJss of the property involved: 11450 N. Meridian Street. Cannel. IN
46032 :
Legal describtion: See Exhibit A attached hereto
Tax Map Pai-eel No.: 16-13-02-00-00-003.004
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DOCKET NO.
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State explaq.ation of requested Developmental Standards Variance: (State what you
want to do ahd bite the section number(s) of the Cannel/Clay Zoning Ordinance which
applies and/or cteates the need for this request).
We are requestnig a variance from 23B.08.06A to pennit 85% parcel coverage in order
to permit the redevelopment of the site and building proposed.
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Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in
connection willi 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 explaJation.
There are covdnants" easements" and other restrictions of record affecting the Real
Estate. Additidnally" the existing improvements and site were reviewed and approved
as part of the re~iew and approval of The Fidelity Plaza.
Has work for JhiCh this Application is being filed already started? If answer is yes,
give details: NO
Building Permit Number: Builder:
If proposed app~al is granted, when will the work commence?
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If the proposeb appeal is. granted, who will operate and/or use the proposed
improveme~t f1r which this application has been filed?
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NOTE: . i
LEGAL NOT~CE 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 of the newspaper must be
available for inspection the bight of the hearing.
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State reas~ns supporting the Developmental Standards Variance: (Additionally,
complete the lattached question sheet entitled "Findings of Fact-Developmental
Standards Variance")
The variance vJill pennit the redevelopment of the site.
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Present zoning 10fthe property (give exact classification): B-6: U.S. 31 Overlay
Size of 10t/parcFI in question: 2.36 acres
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Present use lof the property: Restaurant
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Descnbed the ~roposed use of the property: Office/Retail
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Is the property:
Owner occupied
Renter occupied X
Other
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LEGAL NOTICE ~o all adjoining and abutting property owners is also MANDATORY; two methods
of notice are recommenred: I ..
1) cERTIFllf:D MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
property dwners. (The white receipt should be stamped by the Post Office at least twenty-five
(25) days ~rior to the public hearing date).
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HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the
adjoining jand abutting property owner acknowledging the twenty-five (25) day notice should
be kept for verification that the notice was completed).
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REALIZE THE BURbE~ OF PROOF FOR ALL NOTICES IS THE RESPONSffiILITY OF THE
APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS
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PRIOR TO PUBLIC HEARfING DATE.
The applicant undJrstands that docket numbers will not be assigned until all supporting information has
been submitted to the Department of Community Services.
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The applicant certifies by signing this application that he/she has been advised that all representations of
the Department of commuhity Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordihance and/or the legal advise of his /her attorney.
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I, I , Auditor of Hamilton County, Indiana, certify that the attached
(Please Prl11t)
Affidavit is a true and com~lete listing of the adjoining and adjacent property owners of the property described
herewith. I
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OWNER
ADDRESS
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Auditor of Hamilton cciuntY~ Indiana-Signature
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Date
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STATE OF INDItNA
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Mlrion
(County in which notarization takes place)
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Marion
(Notary Public's 10unty of residence
Charles D. Frankenherger and acknowledge the execution of the foregoing instrument
(Property Owner, Attotney~ or Power of Attorney)
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this 28th day of I April
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County of
Before me the undersigned, a Notary Public
For
County, State of Indiana, personally appeared
, 2005.
~A
Notary Public-Signature
Janet L. Wilke
Notary Public-Please Print
My commission expires:
Mav 11. 2008
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CARMEL/CLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
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Docket No.: prCc\ \~+ ~
Petitioner: JRR Merid~an" LLC
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FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
The approval O~this Variance will not be injurious to the public health, safety, morals
and general wcllfare of the community because the proposed variance will allow the
site to be red~veloped (i) to pennit an improved building and (ii) in a manner
consistent with the overall and existing development of The Fidelity Plaza.
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2. The use an~ va~ue of the area adjacent to the property included in the variance will not
be affected in al substantially adverse manner because the proposed variance will allow
the site to be redeveloped (i) to permit an improved building and (ii) in a manner
consistent with the overall and existing development of The Fidelity Plaza.
3. The strict applipation of the terms of the Zoning Ordinance to the property will result
in practical difficulties in the use of the property because strict application of the
Zoning OrdinaJce will prohibit the redevelopment of the site (i) to pennit an improved
building and (i~) in a manner consistent with the overall and existing development of
The Fidelity PIka.
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I DECISION
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IT IS THEREFORE, I the decision of the Cannel/Clay Board of Zoning Appeals that
Development Standards Variance Docket No. is granted, subject to any
conditions stated in, thel minutes of this Board, which are incorporated herein by reference and
made a part hereof.
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ADOPTED thiJ1 day of , 2005.
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i CHAIRPERSON, Cannel/Clay Board of Zoning Appeals
SECRETARY, Cannel/Clay Board of Zoning Appeals
Conditions ofth~ Board are listed on the back. (Petitioner or his representative to sign).
H:\Janet\Meridian Asset\Dev. StaJ)dardsl Variance App. #6.doc
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EXHIBIT A
A part of the Northwesi Quarter of Section 2, Township 17 North, Range 3 Eas~ in Hamilton County,
Indiana, more particulaHy described as follows:
Commencing at the NOrthJest comer of said Quarter Section thence North 89 degrees 11 minutes 58
seconds East along the :Ndrth line of said Quarter Section 117.53 feet to the Southeast comer of the
Southeast Quarter of s~dn 34, Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along: said North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet, the'1ce ~Orth 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence S9uth 00 degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 sedonds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this descriptior; thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of curvature of a 150. V7837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 sedonds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point of r~verse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being Northi42 degrees 42 minutes 02 seconds East 62.00 feet from said point; thence
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Northerly along said cyrve 34.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degr~ 52! minutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds West 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited acce~ rimht of way line for U.S. #31 as now located and established per Indiana State
Highway Plans ProjectiSTIt 222 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along: the said right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with the said North line 364.024 feet to the Point of Beginning.
Together with the folloring I Easements: 0
Water Line Easementldated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
through 23, and as amend~ by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and rePorded June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, India;na I
Storm Water Drainage, Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
pages 24 through 29, in th~ Office of the Recorder of Hamilton County, Indiana.
Sanitary Sewer EaselT)ent ~ated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36, and as am~nded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, ahd rbrded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton d;outty, Indiana
Sanitary Sewer Easem~nt dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as am~nded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, ahd rbrded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton toutty, Indiana. .
Grant of Sanitary Sewer E~sement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pag,es 944 through 647, and as amended by a Supplemental Agreement Regarding
Easements and Coverian~ dated May 27,1993, and recorded June 1,1993, as Instrument No. 93-
25716, in the Office of the recorder of Hamilton County, Indiana
Declaration of ingress, egress and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No. 10814, ,all i~ the Office of the Recorder of Hamilton County, Indiana
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For information purpose, s OlnlY:
Common Address: 11450 N Meridian Street, Carmel, Indiana 46032
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Tax Parcel Number: 16-13-02-00-00-003.004
TSLLC File #:! ! 05020024
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H:\Janet\Meridian Asset\Legal MPtion per Title Report.doc
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~[ITY OF CARMEL'- CLAY TOWNSHIP
DOCS _ ~I HAMILTON COUNTY. INDIANA
APPLmM'ION FOR BOARD OF ZONING APPEALS ACTION
~ORMENTALSTANDARDSV~CEREQUEST
DOCKET- NO. I DATE RECEIVED:
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Applicant: JRR Meridian" LLC" an Indiana limited liability company
Address: 90001 Keystone Crossing" Suite 1 050" Indianapolis" IN 46240
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RECEIVED
MAR 18 2005
25.07.02-10(b) - signage on frontage facing public street
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Project Naqie:t Fidelity on Meridian Phone: 317/566-5611
Engineer/ Afc~tect: Advocati" LLC" c/o Christopher McComas Phone: 317/430-3504
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Attorney: Charles D. Frankenberger" Nelson & Frankenberger Phone: 317/844-0106
Applicant's: sJtus: (Check the appropriate response)
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X (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) biller:
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If Item (3) (c) i~ checked, please complete the following:
Owner of the pLperty involved:
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Owner' s addre~s:
Record of djershiP: Owners are JRR Meridian, LLC, GDR Meridian. LLC. JMB
Meridian. ULd JSH Meridian., LLC. SFS Meridian, LLC. The closing occurred on
3/17/0501 anti thb deed has not yet been recorded.
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Deed BookINo!/Instrument No.
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Page: I Purchase Date:
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Common a~dress of the property involved: 11450 N. Meridian Street" Cannel" IN
46032 i I
Legal description: See Exhibit A attached hereto
Tax Map P~c~l No.: 16-13-02-00-00-003.004
State explahat~on of requested Developmental Standards Variance: (State what you
want to do ~djcite the section number(s) of the Cannel/Clay Zoning Ordinance which
applies and/or ereates the need for this request).
We are request~nga variance from 25.07.02-10(b) to pennit signage on the frontage of
the building fabing the private street to the west" as well as signage on the frontage of
thebuildingfa~ing U.S. 31.
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Are there aJy 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 applica~ion? If yes, give date and docket number, decision rendered and
pertinent explarlation.
There are cbvehants. easements, and other restrictions of record affecting the Real
Estate. Additiohally" the existing improvements and site were reviewed and approved
as part of th~ reView and approval of The Fidelity Plaza.
~as wor~ f9r ~hiChthiS Application is being filed already started? If answer is yes,
gIve detaIls: iNO
Building Penni~ Number:
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If proposed rpPfal is granted, when will the work commence?
If the proJoseh appeal is granted, who will operate and/or use the proposed
improvemed,t fJr which this application has been filed?
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NOTE: i .1
LEGAL NOTIcE,shal1 be published in the Indianapolis Star a MANDATORY twenty-five (25) days
prior to, the public hearing' date. The certified "Proof of Publication" affidavit of the newspaper must be
available for inspection the,rtight of the hearing.
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State reasons kupporting the Developmental Standards Variance: (Additionally,
complete ilie~ttached question sheet entitled "Findings of Fact-Developmental
Standards vkiahce")
The subiect bui~ding has frontage on both U.S. 31 to the east and a private street to the
west. Howe~erJ because the street to the west is a private street" signage is permitted
on the u.s. 31 tiuilding frontage" only. Signage is needed on both the U.S. 31 frontage
and the west! frobtage and" as such" a variance permitting signage on the west side of
the buildingJ frdnting on the private street" is requested.
Present zoning lfthe property (give exact classification): B-6; U.S. 31 Overlay
Size of 10t/PflrC~1 in question: 2.36 acres
Present use of Je property: Restaurant
Described the pLposed use of the property: Office/Retail
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Is the propelity: I Owner occupied
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I Renter occupied X
Other
Builder:
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LEGAL NOTICE t all adjoining and abutting property owners is also MANDATORY; two methods
of notice are recommen~ed: I
1) CER1jIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
propefty 9wners. (The white receipt should be stamped by the Post Office at least twenty-five
(25) days' prior to the public hearing date).
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2) HANJD DELIVERED to adjoining and abutting property owners (A receipt signed by the
adjoiiling bd abutting property owner acknowledging the twenty-five (25) day notice should
be ke~t fo} verification that the notice was completed).
REALIZE THE B~E* OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
APPLICANT. AGAIl1, T;mS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS
PRIOR TO PUBLIC HEARflNG DATE.
The applicant undeLtands that docket numbers will not be assigned until all supporting information has
been submitted to the Department of Community Services.
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The applicant qertifies by signing this application that he/she has been advised that all representations of
the Department of Commuhity Services are advisory' only and that the applicant should rely on appropriate
subdivision and zoning ordfuance and/or the legal advise of his /her attorney.
I, . I , Auditor of Hamilton County, Indiana, certify that the attached
(please; PriIit)
Affidavit is a true and com~lete listing of the adjoining and adjacent property owners of the property described
herewith. I
OWNER
ADDRESS
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Auditor of Hamilton cd1intY, Indiana-Signature
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Date
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. . .1 AFFIDAVIT
The undersigned hereb~ sw~ars that the foregoing statements and answers herein contained and the information
herewith submitted are jn al~ respects true and correct to the best of my knowledge and belief.
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STATE OF IND~NA
ss:
County of
Public
By:
Jo
Before me the undersigned, a Notary
and acknowledge the execution of the foregoing
, 2005.
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Notary Public-Please Print
My commission expires:
S,-II- dl. tJtJ <l
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
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Docket No.:
Petitioner: JRR Merid~an", LLC
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FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
The approv~ O~this Variance will not be injurious to the public health, safety, morals
and gener~ ~elfare of the community because the proposed variance will allow
signage (i) ~ecfssary for an improved building and (ii) consistent with signage within
the existing' Fidelity Plaza.
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The use and value of the area adjacent to the property included in the variance will not
be affected jn J substantially adverse manner because the proposed variance will allow
signage (i) ~ec~ssary for an improved building and (ii) consistent with signage within
the existingiFidelity Plaza.
The strict apPI~cation of the terms of the Zoning Ordinance to the property will result
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in practical: difficulties in the use of the property because strict application of the
Zoning Ordinaice will prohibit signage (i) necessary for an improved building and (ii)
consistent with signage within the existing Fidelity Plaza.
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I DECISION
IT IS THEREFORE, I the decision of the Cannel/Clay Board of Zoning Appeals that
Development Stanpards ,Variance Docket No. is granted, subject to any
conditions stated m: thrl minutes of this Board, which are incorporated herein by reference and
made a part hereof.: I
ADOPTEDlthil
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day of
, 2005.
CHAIRPERSON, Cannel/Clay Board of Zoning Appeals
, SECRETARY, Cannel/Clay Board of Zoning Appeals
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Conditions Jf tHe Board are listed on the back. (Petitioner or his representative to sign).
H:\JanetIMeridian Asset\Dev. standarl Variance App. #3.doc
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I EXHIBIT A
A part of the NorthweSt Q~arter of Section 2, Township 17 North, Range 3 Eas~ in Hamilton County,
Indiana, more particularly ~escribed as follows:
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Commencing at the Nbrth~est comer of said Quarter Section thence North 89 degrees 11 minutes 58
seconds East along the Nbrth line of said Quarter Section 117.53 feet to the Southeast comer of the
Southeast Quarter of ~ectipn 34, ' Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along said North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet; thence INorth 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence South 00 degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 sebonds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this descripti~n; thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of curvature of a ,150l77837 degree curve to the left, the radius point'of said curve being North 87
degrees 44 minutes 40 sebonds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point of teverse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 Idegrees 42 minutes 02 seconds East 62.00 feet from said point; thence
Northerly along said curvel34.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees 52 minutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds W~t 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access right of way line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STF 222 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along thS said right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel witH the said North line 364.024 feet to the Point of Beginning.
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Together with the followind Easements:
Warer Line EasemenJ daJed May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
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through 23, and as am~nded by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and r~rded June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. I
Storm Warer Drainage Ea~ment dated May 28, 1980, and recorded June 25,1980, in Deed Record 321,
pages 24 through 29, in th~ Office of the Recorder of Hamilton County, Indiana.
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Sanitary Sewer Easenient ;dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36, and as ~mended by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, ahd rbrded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton coutty, Indiana.
Sanitary Sewer Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as ~m~nded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Cou~ty, Indiana.
Grant of Sanitary Sewer ~sement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pages 6jW through 647, and as amended by a Supplemental Agreement Regarding
Easements and Coven:an~ dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the recorder of Hamilton County, Indiana. .
Declaration of ingress, ~ress and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No.1 0814, all i~ the Office of the Recorder of Hamilton County, Indiana
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For information purposrs, 011 nly:
Common Address: 11450 N Meridian Street, Carmel, Indiana 46032
Tax Parcel Number: 16-13-02-00-00-003.004
TSLLC File #:! I 05020024
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H:\Janet\Meridian Asset\Legal Description per Title Reportdoc
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RECf~D ~ I ... 25.07.02-10(b) - number of signs
MAR 182005 . !pITY OF CARMEL - CLAY TOWNSIDP
DOC~ Ifll HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
f DE.-vE1t'OPMENTAL STANDARDS VARIANCE REQUEST
DOCKE; :0. I I DATE RECEIVED:
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1) Applicant: JRR Meridian" LLC" an Indiana limited liability company
Address: 9000 Keystone Crossing" Suite 1 050" Indianapolis" IN 46240
2)
Project Name: Fidelity on Meridian Phone: 317/566-5611
Engineer/Architect: Advocati" LLC" c/o Christopher McComas Phone: 317/430-3504
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Attorney: Charl~s D. Frankenberger. Nelson & Frankenberger Phone: 317/844-0106
Applicant's StaLs: (Check the appropriate response)
X (a) 'fP.e lpPlicant's name is on the deed to the property
(b) The japplicant is the contract purchaser of the property
(c) <pth~r:
If Item (3) (~) iJ checked, please complete the following:
Owner of thl P10perty involved:
Owner's address:
Record of o~lrshiP: Owners are JRR Meridian. LLC. GDR Meridian. LLC. JMB
Meridian, Ltc.1 JSH Meridian, LLC, SFS Meridian, LLC. The closing occurred on
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3/17/05" and the deed has not yet been recorded.
Deed Book No.~strument No.
Page: I Purchase Date:
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comm, on ad, drelss of the property involved: 11450 N. Meridian Street" Cannel" IN
46032 I
Legal descri:ption: See Exhibit A attached hereto
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Tax Map Parcel No.: 16-13-02-00-00-003.004
State eXPlanatiln of requested Developmental Standards Variance: (State what you
want to do and bite the section number(s) of the Cannel/Clay Zoning Ordinance which
applies and/or dreates the need for this request).
We are requestJg a variance from 25.07.02-lOCb) to permit (i) 4 signs on the elevation
of the building !racing U.S. 31 which" collectively" will not exceed 105 square feet and
(ii) 4 signs on the side of the building facing west which" collectively" will not exceed
105 square feetJ
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State reasons Isupporting the Developmental Standards Variance: (Additionally,
complete . ~erttached question sheet entitled "Findings of Fact-Developmental
Standards Variance")
Under our SignlOrdinance. if the proposed building were amulti-tenant ground floor
building" each t6nant would be entitled to a sign. Under the Sign Ordinance" however"
multi-tenant m1iLlti~level buildings are permitted only one sign" regardless of the
number of t~nartts. This proposed building is unique in that each ground floor tenant
will have art individual and separate ground floor entrance" and the second floor of the
building will bd occupied by offices. As such" we are re'questing (i) three signs on the
first floor of thJ east elevation of the building and one sign on the second floor of the
east elevati6notfthe building" all of which signs" together" will not exceed 105 square
feet and (ii) ithr~e signs on the first floor of the west elevation of the building and one
sign on the secJnd floor of the west elevation of the building" all of which signs"
together" will nbt exceed 105 square feet.
Present zoning ~fthe property (give exact classification): B-6; U.S. 31 Overlay
Size of lot/parcll in question: 2.36 acres
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Present use of the property: Restaurant
Described ~e p~oposed use of the property: Office/Retail
Is the propeb:1 Owner occupied
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I Renter occupied X
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! Other
Are there aIJ.Y rlStrictions, laws, covenants, variances, special uses, or appeals filed in
connection {villi this property that would relate or affect its use for the specific purpose
of this appticahon? If yes, give date and docket number, decision rendered and
pertinent ex~laJation.
There are covdnants, easements. and other restrictions of record affecting the Real
Estate. Additidnally" the 'existing improvements and site were reviewed and approved
as part of the re1view and approval of The Fidelity Plaza.
Has work f~r ~hiCh this Application is being filed already started? If answer is yes,
give details:1 NO
Building Permit Number: Builder:
If proposed ~p~eal is granted, when will the work commence?
If the ProJos~d appeal. is granted, who will operate and/or use the proposed
improvemer fr which this application has been filed?
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NOTE:1
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LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days
prior to the public hearirlg date. The certified "Proof of Publication" affidavit of the newspaper must be
available for inspection th6 night of the hearing.
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LEGAL NOTIC~ to all adjoining and abutting property owners is also MANDATORY; two methods
of notice are recommended:
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1) cERlTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
propbrty!owners. (The white receipt should be stamped by the Post Office at least twenty-five
(25) 'day~ prior to the public hearing date).
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2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the
adjoining and abutting property owner acknowledging the twenty-five (25) day notice should
be kept for verification that the notice was completed).
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REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSffiILITY OF THE
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APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS
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PRIOR TO PUBLIC HEARING DATE.
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The applicantiund~rstands that docket numbers will not be assigned until all supporting information has
been submitted to the IDepartment of Community Services.
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The applicantlcert~fies by signing this application that he/she has been advised that all representations of
the Department of co:mmpttity Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordinance and/or the legal advise of his /her attorney.
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I, Ii, Auditor of Hamilton County, Indiana, certify that the attached
(pleas~ Prittt)
Affidavit is a true and 'co~plete listing of the adjoining and adjacent property owners of the property described
herewith. I
OWNER I ADDRESS
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Auditor of Hamilton CountY, Indiana-Signature
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The undersigned hereby sw~ars that the foregoing statements and answers, herein contained and the information
herewith submitted are in an respects true and correct to the best of my knowledge and belief.
I JRR MERIDIAN, LLc,
An Indian lim. e~abi ·
By: {f.
Jo
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STATE OF IND~NA
ss:
County of
Public
e
AFFIDA VIT
Member
Before me the undersigned, a Notary
For
and acknowledge the execution of the foregoing
, 2005.
J ~ a/JL
Notary Public-Signature
JlrNE"r L,. tv IL IcE
Notary Public-Please Print
My commission expires:
5-1/-d-oOC'
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CARMEU/CLAY ADVISORY BOARD OF ZONING APPEALS
I Carmel, Indiana
DocketNo.: ' , i ,
Petitioner: JRR Meridian" LLC
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FINDINGS 0F FACT - DEVELOPMENT STANDARDS VARIANCE
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The approval of this Variance will not be injurious to the public health, safety, morals
and general w~lfare of the community because the proposed variance will allow
signage (i) necdssary for an improved building and (ii) consistent with signage within
the existing Fid~lity Plaza.
Th, e use and:, vallIjl e of th, ,e area adjacent to the property included in the variance will not
be affected in a substantially adverse manner because the proposed variance will allow
signage (i) necessary for an improved building and (ii) consistent with signage within
the existing Fid~lity Plaza.
The strict apPlibation of the terms of the Zoning Ordinance to the property will result
in practical I difficulties in the use of the property because strict application of the
Zoning Ordmarlce will prohibit signage (i) necessary for an improved building and (ii)
consistent ~th rignage within the existing Fidelity Plaza.
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IT IS THEREFO~, I the decision of the Cannel/Clay Board of Zoning Appeals that
Development Standards Variance Docket No. is granted, subject to any
conditions stated in'thel minutes of this Board, which are incorp.orated herein by reference and
made a part hereof.
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ADOPTED this
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2.
3.
DECISION
day of
, 2005.
CHAIRPERSON, Cannel/Clay Board of Zoning Appeals
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I SECRETARY, Cannel/Clay Board of Zoning Appeals
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Conditions Jfth!e Board are listed on the back. (Petitioner or his representative to sign).
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H:\Janet\Meridian Asset\Dev. s~ Variance App. #4.doc
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.. . ...... .. I. . EXH.IBIT A ..
Aparfof the Northwest Quarter of Section 2, Township 17 North, Range 3 East, In Hamilton County,
Indiana, more particularly described as follows:
Commencing at the NCi)rth~st comer of said Quarter Section thence North 89 degrees 11 minutes 58
seconds East along th~ North line of said Quarter Section 117.53 feet to the Southeast comer of the
Southeast Quarter of ~ecti~n 34, Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along sai~ North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet; thence North 88 degrees 30 minutes 17 seconds East, parallel,with said North line
440.107 feet; thence $out~ 00 degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 1 ~ seJonds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this desc~ptiqn; thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of c(jrvature of a ~ 50.~7837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 seconds West 38.00 feet from said point; thence NortherlY,along the said curve
32.867 feet to the point of ~verse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 degrees 42 minutes 02 seconds East 62.00 feet from said point; thence
NOrtherlY.,a, long said cU,rve,'I~.821 feetto the point of tangency thereof, the radius po, int of said curve
being North 74 degrees 52 minutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds West 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the, limited access right of way line for U.S. #31 as now located and established per Indiana State
Highway Plans ProjectiSTf 222 (9)'dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along the said right of way line 274.552 fee~ thence South 88 degrees 30 minutes 17
seconds West parallel ~ith the said North line 364.024 feet to the Point of Beginning.
Together with the follotng Easements:
Water Line Easementldat~ May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
throu9h 23, and as am'fnd~ by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiaha.1
Stonn Water DrainageiEasrment dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
pages 24 through 29, in the Office of the Recorder of Hamilton County, Indiana.
Sanitary Sewer Easement1ated May 28,1980, and recorded June 25,1980, in Deed Record 321, pages
30 through 36, and as ame1nded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and nkorded June 1, 1993, as Instrument No. 93~25716, in the Office of the
Recorder of Hamilton Cou~ty, Indiana.
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Sanitary Sewer Easem~nt dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as amehded by a Supplemental Agreement Regarding' Easements and Covenants
dated May 27, 1993, and reborded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Cou~ty, Indiana.
Grant of Sanitary Sewer Jsement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pages aM through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenan~dated May 27,1993, and recorded June 1,1993, as Instrument No. 93-
25716, in the Office of the Recorder of Hamilton County, Indiana.
Declaration of ingress, egrl and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No. 10814, all i~ the Office of the Recorder of Hamilton County, Indiana
l
For infonnation purposes qnly:
Common AddreSs: 11450 N Meridian Stree~ Carmel, Indiana 46032
Tax Parcel Number: 16-13-02-00-00-003.004
TSLLC File #: 05020024
H:\Janet\Meridian Asset\Legal Descrirn per Tille Report.doc
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/~~F f ~ 23B.05.02 - Retail Uses
i ~/ RECEIVED \
,j MAR 182005 (JI~ OF CARMEL - CLAY TOWNSHIP
;8\ D . '~JIAMILTON COUNTY. INDIANA
\:~:; AP, ~t~CA':tION FOR BOARD OF ZONING APPEALS ACTION
~ ~DEVE~8YMENTALSTANDARDSVARLANCEREQUEST
~:
DOCKET NO. I DATE RECEIVED:
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Applicant: JRJR Meridian" LLC" an Indiana limited liability company
Address: 900d Keystone Crossing" Suite 1050" Indianapolis" IN 46240
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Project Name:! Fidelity on Meridian Phone: 317/566-5611
Engineer/Arc~tect: Advocati, LLC. c/o Christopher McComas Phone: 317/430-3504
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Attorney: Charles D. Frankenberger" Nelson & Frankenberger Phone: 317/844-0106
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Applicant's sJtus: (Check the appropriate response)
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X (a) the [apPlicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Othfr:
If Item (3) (~) + checked, please complete the following:
Owner of the p~operty involved:
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Owner's address:
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Record of dwnbrship: Owners are JRR Meridian. LLC. GDR Meridian, LLC, JMB
Meridian. LLd JSH Meridian, LLC, SFS Meridian. LLC. The closing occurred on
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3/17/05" and the deed has not yet been recorded.
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Deed Book No.YInstrument No.
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Page: i Purchase Date:
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Common addr~ss of the property involved: 11450 N. Meridian Street" Cannel" IN
46032 I
Legal descriptiqn: See Exhibit A attached hereto
Tax Map Parcet No.: 16-13-02-00-00-003.004
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State explanati~n of requested Developmental Standards Variance: (State what you
want to do and fite the section number(s) of the Cannel/Clay Zoning Ordinance which
applies and/9r creates the need for this request).
We are requt!:stiJg a variance from 23B.05.02 to clarify and confirm that UP to 30% of
the proposed bu~lding is pennitted to be occupied by retail uses.
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3)
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5)
6)
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9)
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State reasons lupporting the Developmental Standards Variance: (Additionally,
complete the ~ttached question sheet entitled "Findings of Fact-Developmental
Standards Variahce")
Section 23Bl05.b2 pennits up to 30% of the gross floor area of anyone building to be
utilized for tetaill uses" provided that (i) the total square footage of retail uses
designated ib th~ development plan do not exceed 15% ,of the gross floor area of all
buildings coinb~ned and (ii) retail uses over 15% of the gross floor area of any one
building are loc~ted on the ground floor or below grade. This particular site is part of
the overall FideiityPlaza and" 30% of the gross floor area of the proposed building is
occupied by 'ret~l uses" the total retail use for all buildings within the Fidelity Plaza
will still be less [than 15% of the gross floor area of all buildings within the Fidelity
Plaza.
Present zoning @fthe property (give exact classification): B-6: u.s. 31 Overlay
Size oflot/parJI in question: 2.36 acres
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Present use of ilie property: Restaurant
Described the pLposed use of the property: Office/RetaiI
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Is the propetjty: I Owner occupied
Renter occupied X
Other
Are there ~y r~strictions, laws, covenants, variances, special uses, or appeals filed in
connection fthl this property that would relate or affect its use for the specific purpose
of this applica~on? If yes, give date and docket number, decision rendered and
· II I ·
pertment exp anatlon.
There are cbvehants" easements", and other restrictions of record affecting the Real
Estate. Additiohally" the existing ,improvements and site Were reviewed and approved
as part of the re{,iew and approval of The Fidelity Plaza.
Has work fdr ~hiCh this Application is being filed already started? If answer is yes,
give details: ;NO
Building Permit Number: Builder:
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If proposed ~ppral is granted, when will the work commence?
If .the propose~ appeal is granted, who will operate and/or use the proposed
improvement fdr which this application has been filed?
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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 of the newspaper must be
available for mspection the night of the hearing.
LEGAL NOTIcElto all adjoining and abutting property owners is also MANDATORY; two methods
of notice are recommended~
I
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
property ~wners. (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
adjoiningland abutting property owner acknowledging the twenty-five (25) day notice should
be kept fl verification that the notice was completed).
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
'I
APPLICANT. AGAIN, 'If HIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS
PRIOR TO PUBLIC HEARING DATE.
The applicant undlrstandS that docket numbers will not be assigned until all supporting information has
been submitted to the Department of Community Services.
The applicant certibes by signing this application that he/she has been advised that all representations of
the Department of Comnl1inity Services are advisory only and that the applicant should rely on appropriate
subdivision and zoningordihance and/or the legal advise of his /her attorney.
I, .1 , Auditor of Hamilton County, Indiana, certify that the attached
(please PrUtt)
Affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described
herewith.
OWNER
ADDRESS
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Auditor of Hamilton CountY, Indiana-Signature
Date
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AFFIDA VIT
The undersigned hereby swears that the foregoing statements and answers herein contained and the information
herewith submitted are in a~l respects true and correct to the best of my knowledge and belief.
JRRMERIDIAN, LLc,
An Indiana 1- ite/J litili}') comp~, Hi . company
By: n. ~
Joh R. Robinson, Member
STATE OF lND~A
SS:
County of IJA-MIL ., b r{
Public I
(County in which notarization takes place)
For (I1ft-ILIOW\ County, State of Indiana, personally appeared
(Notary Public's CGunty of residence
:SOfIA) It.. 12- () B/ ~ So IV
instrument
(Property Owner, Attorney, or Power of Attorney)
Before me the undersigned, a Notary
and acknowledge the execution of the foregoing
this / m-f day of
MI1-IL (AI
, 2005_
~tvd~
Notary Public-Signature
~IJR"7 L, wlLt~
Notary Public-Please Print
My commission expires:
s- /l- ;2(9o~
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CARMEI1/CLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: JRR Merid1an" LLC
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FINDINGS @F FACT' - DEVELOPMENT STANDARDS VARIANCE
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1. The approval of this Variance will not be injurious to the public health, safety, morals
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and general welfare of the community because the proposed variance will not result in
retail use exceJding 15% of the gross floor area of all buildings within the Fidelity
Plaza.
2. The use and vaJue of the area adjacent to the property included in the variance will not
be affected in J substantially adverse manner because the proposed variance will not
result in retail ke exceeding 15% of the gross floor area of all buildings within the
Fidelity Plaza.
3. The strict application of the terms of the Zoning Ordinance to the property will result
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in practical. difficulties in the use of the property because strict application' of the
Zoning OrdinaAce will. prohibit retail use which is less than 15% of the gross floor
area of all buildkgs within the Fidelity Plaza.
DECISION
IT IS THEREFORE, the decision of the Cannel/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.
day of
, 2005.
ADOPTED this
CHAIRPERSON, Cannel/Clay Board of Zoning Appeals
SECRETARY, Cannel/Clay Board of Zoning Appeals
Conditions Ofthr Board are listed on the back. (petitioner or his representative to sign).
H:\Janet\Meridian Asset\Dev. StandardS Variance App. #5.doc
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EXHIBIT A
A part of the Northw~stQurrter ,of Section 2, Township 17 North, Range 3 East, in Hamilton County,
I ndiana, more particularly described as follows:
Commencing at the Northlest comer of said Quarter Section thence North 89 degrees 11 minutes 58
seconds East along the. N9rth line of said Quarter Section 117.53 feet to the Southeast comer of the
Southeast Quarter of S~on 34, Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along said North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660,160 fee~ thence ~Orth 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence SoutH 00 degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 sedonds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this desCriptior; thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of curvature of a 150.77837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 sedonds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the pointof r~verse curvature of a 92.41255 degree curve to the right, the radius point of
said curV~ being North 42 qegrees 4~ minutes 02 seconds East 62.00 feet from said point; thence
Northerly along said curve 34.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees 52jminutes 53 seconds East 62.00 feet from said poin~ thence North 15 degrees
07 minutes 07 seconds West 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access right of way line for U.S. #31 as now located and established per Indiana State
Highway.Plans Project STit 222 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds Eastalong'thesaid right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with the said North line 364.024 feet to the Point of Beginning.
Together with the following, Easements:
Water Line Easement dated May 28",t980, and recorded June 25, 1980, in Deed Record 321, pages 17
through 23, and as amenddp by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. I
Stonn Water Drainage Easrment dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
pages 24 through 29, in the Office of the Recorder of Hamilton County, Indiana.
Sanitary Sewer Easement ~ated May 28, 1980, and recorded June 25,1980, in Deed Record 321, pages
30 through 36, and as amended by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and r~rded June '1,1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Coudty,.lndiana.
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Sanitary$ewer Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as amehded bya Supplemental Agreement Regarding Easements and Covenants
'~:.. I
date(fMa'y 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Cou~ty, Indiana.
Grant of Sanitary Sewer EJsement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pages 6M, through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenantsl dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the Recorder of Hamilton County, Indiana.
Declaration of ingress, egr~ and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No. 10814, all in the Office of the Recorder of Hamilton County, Indiana
For infonnation purposes dnlY:
Common AddreSs:
Tax Parcel Number:
TSLLC File #:
11450, N Meridian Stree~ Cannel, Indiana 46032
16-13-02-00-00-003.004
05020024
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RECEIVED
MAR 1 8 2005
DOCS ~~ITY OF CARMEL - CLAY TOWNSHIP
~)l1 HAMILTON COUNTY~ INDIANA
SAPPU{(?"ATIONFORB'OARD OF ZONING APPEALS ACTION
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DEVELORMENTALSTANDARDSVARIANCEREQUEST
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Applicant: JRR Meridian" LLC" an Indiana limited liability company
Address: 9000r Keystone Crossing" Suite 1050" Indianapolis" IN 46240
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Project Name: I . Fidelity on Meridian Phone: 317/566-5611
Engineer/ Archiitect: Advocati" LLC" c/o Christopher McComas Phone: 317/430-3504
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Attorney: Charles D. Frankenberger" Nelson & Frankenberger Phone: 317/844-0106
Applicant's Staib: (Check the appropriate response)
X (a) The lpPlicant's name is on the deed to the property
(b) Th9 applicant is the contract purchaser of the property
(c) Other:
If Item (3) (c) il checked, please complete the following:
Owner of the ploperty involved:
I
Owner's addrer:
Record of Ownership: Owners are JRR Meridian" LLC" GDR Meridian" LLC" JMB
Meridian. LLc.I ISH Meridian, LLC. SFS Meridian, LLC. The closing occurred on
3/17/05" and th~ deed has not yet been recorded.
Deed Book No.btrument No.
Page: I Purchase Date:
;~~on addr1SS of the property involved: 11450 N. Meridian Street. Cannel. IN
Legal description: See Exhibit A attached hereto
Tax Map Parce~ No.: 16-13-02-00-00-003.004
State eXPlanatiln of requested Developmental Standards Variance: (State what you
want to do and bite the section number(s) of the Cannel/Clay Zoning Ordinance which
applies and/pr cteates the need for this request).
We are requestfug a variance from 23B.I0.02C(l) requiring a 25 foot planting strip
facing u.s. 31. !We are providing for a 10 foot area which includes a walk.
23B.I0.02C(1) - 25' planting strip
DATE RECEIVED:
DOCKET NO.
1)
2)
3)
4)
5)
6)
7)
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8)
9)
10)
11)
12)
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14)
15)
16)
17)
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State reasonslsuPPorting the Developmental Standards Variance: (Additionally,
complete the attached, question sheet entitled "Findings of Fact-Developmental
Standards Varidnce")
The existing im~rovements and site were reviewed and approved along with the
review and apprtoval of the 'Fidelity Plaza. A 10 foot planting strip" which will include
a walk" is consistent with the existing development within the Fidelity Plaza.
Present zoning lfthe property (give exact classification): B-6; U.S. 31 Overlay
Size of 10t/parJI in question: 2.36 acres
Present use of le property: Restaurant
Described the p~oposed use of the property: o ffice/Retai I
Is the property:
Owner occupied
Renter occupied X
Other
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 applicafion? If yes, give date and docket number, decision rendered and
pertinent explarlation.
There are covehants" easements" and other restrictions of record affecting the Real
Estate. Additiohally" the, existing improvements and site were reviewed and approved
as part of the re{,iew and approval of The Fidelity Plaza.
Has work for ~hiCh this Application is being filed already started? If answer is yes,
give details: :NO
Building Permi~ Number: Builder:
If proposed appial is granted, when will the work commence?
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If the proPQsek appeal is granted, who will operate and/or use the proposed
improvement fo~ which this application has been filed?
I
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days
prior to the public hearin~ date. The certified "Proof of Publication" affidavit of the newspaper must be
available for inspection the~ight of the hearing.
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LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY; two methods
of notice are recommended:
CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
property ~wners. (The white receipt should be stamped by the Post Office at least twenty-five
(25) days!prior to the public hearing date).
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 BURDEl OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
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APPLICANT. AGAIN, ~HIS TASK MUST BE COMPLETED AT LE~ST TWENTY-FIVE (25) DAYS
PRIOR TO PUBLIC HEARING DATE.
The applicant undlrstands that docket numbers will not be assigned until all supporting information has
been submitted to the Depa.!tment of Community Services.
The applicant certi~es by signing this application that he/she has been advised that all representations of
the Department of ConllnJnity Services. are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordfuance and/or the legal advise of his /her attorney.
I, ,/ , Auditor of Hamilton County, Indiana, certify that the attached
(please Prittt)
Affidavit is a true and comPlete listing of the adjoining and adjacent property owners of the property described
herewith.
1)
2)
OWNER
ADDRESS
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Auditor of Hamilton CountY, Indiana-Signature
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AFFIDA VIT
The undersigned hereby swears that the foregoing statements and answers herein contained and the information
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herewith submitted are in all respects true and correct to the best of my knowledge and belief.
STATE OF INDIAlNA
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, 1+ /v1/1 L 10 1\!
(County J which notarization takes place)
11ft RIO tv County, State of Indiana, personally appeared
(Notary Public',s c~unty of residence
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'-TOliN R,. R()B(P~()!/
instrument
(Property Owner, Attorney, .or Power of Attorney)
ss:
County of
Public
For
By:
Jo
Before me the undersigned, a Notary
and acknowledge the execution of the foregoing
this , / g'7f1 day of
,N) A-IL c,,1f
, 2005.
(SEAL)
.!' ....... ..~
X /t/~~
-TlJA/f7r L~ wlL/CE
Notary Public-Please Print
My commission expires:
5' - //- ;lot) g'
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CARMEU/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: JRR Meridi1an" LLC
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FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE
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The approval of this Variance will not be injurious to the public health, safety, morals
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and general welfare of the community because the proposed variance will allow the
site to be reddveloped (i) to permit an improved building and (ii) in a manner
consistent with the overall and existing development of The Fidelity Plaza.
The use an~,v,', alUlle ofth~ area adjacent to th, e property in,C,luded in the v.ariance.will not
be affected m a substantIally adverse manner because the proposed VarIance WIll allow
the site to be rfdeveloped (i) to permit an improved building and (ii) in a manner
consistent with the overall and existing development of The Fidelity Plaza.
The strict apPlittiOn of the terms of the Zoning Ordinance to the property will result
in practical difficulties in the use of the property because strict application of the
Zoning Ordin.a.Jce will prohibit the redevelopment of the site (i) to pennit an improved
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bui14ing and (ii~ in a manner consistent with the overall and existing development of
The Fidelity Pliza.
1.
2.
3.
DECISION
IT IS THEREFORE, I the decision of the Cannel/Clay Board of Zoning Appeals that
Development Stan~ards 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 thiSI
day of
, 2005.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Cannel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
H:\Janet\Meridian Asset\Dev. StandarJ Variance App_ # 1. doc
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EXHIBIT A
A part of the Northwest QUprter of Section 2, Township 17 North, Range 3 East, in Hamilton County,
Indiana, 'more particularly described as follows:
Commencing at the Northlest comer of said Quarter Section thence North 89 degrees 11 minutes 58
seconds East along the, Ndrth line of said Quarter Section 117.53 feet to the, Southeast comer of the
Southeast Quarter of Secti6n 34, Township 18 North, Range 3 Eas~ thence North 88 degrees 30 minutes
17 seconds East along sai~ North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 fee~ thence ~orth88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence SoutH 00 degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 sedonds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this descriptio:n; thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of curvature of a 150.y7837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 seconds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point of (~verse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 megrees 42 minutes 02 seconds East 62.00 feet from said point; thence
Northerly along said curve'B4.821 feet to the. point of tangency thereof, the radius point of said curve
being North 74 degrees 521 minutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds West 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access right of way line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STW 222 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along the said right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with the said North line 364.024 feet to the Point of Beginning.
Together with the following Easements:
Water Line Easement da~ May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
through 23,and as amend~ by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. .1
Storm Water Drainage EaSement dated May 28, 1980, and recorded June 25,1980, in Deed Record 321,
pages 24 through 29, in thJ Office of the Recorder of Hamilton County, Indiana.
Sanitary Sewer Easem~nt1ated May 28,1980, and recorded June 25,1980,in Deed Record 321, pages
30 through 36, and as alT1~nded by a S\,!pplemental Agreement Regarding Easements and Covenants
dated. May 27,1993, and recorded June 1,1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton CouMty, Indiana.
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Sanitary Sewer Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as amehded by a Supplemental Agreement Regarding Easements and Covenants
, I
dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Cou~ty, Indiana.
Grant of Sanitary Sewer EJsement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pages ~ through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenan~ dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the ~ecorder of Hamilton County, Indiana.
Declaration of ingress, egrJss and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No. 10814, all i~ the Office of the Recorder of Hamilton County, Indiana
For information pu~ dnlY:
Common Address:
Tax Parcel Number:
TSLLC File #:
11450 N Meridian Street, Carmel, Indiana 46032
16-13-02-00-00-003.004
05020024
H:\Janet\Meridian Asset\Legal Description per Title Report.doc
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RECfJVfD
MAR 1 8 2005
DOCS CITY OF CARMEL - CLAY TOWNSHIP
I HAMILTON COUNTY.. INDIANA
&/Ar~~~<ATI~N FOR BOARD OF ZONING APPEALS ACTION
D VELOPMENTALSTANDARDSVARIANCEREQUEST
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Applicant: IRR Meridian"LLC" an Indiana limited liability company
Address: 9000' keystone Crossing", Suite 1 050" Indianapolis" IN 46240
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Project Name: I Fidelity on Meridian Phone: 317/566-5611
Engineer/Architect: Advocati" LLC" c/o Christopher McComas Phone: 317/430-3504
Attorney: Charlls D. Frankenberger. Nelson & Frankenberger Phone: 317/844-0106
Applicant's StaL: (Check the appropriate response)
X (a) The lpPlicant's name is on the deed to the property
(b) The I app Ii cant is the contract purchaser of the property
(c) Othr:
IfItem (3) (c) i, checked, please complete the following:
Owner of the prbperty involved:
Owner's addresl:
Record of ownlrship: Owners are JRR Meridian, LLC. GDR Meridian, LLC. 1MB
Meridian. LLC.IJSH Meridian. LLC, SFS Meridian. LLC. The closing occurred on
3/17/05" and thd deed has not yet been recorded.
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Deed Book No.jstrument No.
Page: I Purchase Date:
Common addre~s of the property involved: 11450 N. Meridian Street, Cannel. IN
46032 I
Legal descriptidn: See Exhibit A attached hereto
Tax Map Parcel No.: 16-13-02-00-00-003.004
23B.12A - parking between building and U.S. 31
DOCKET NO.
DATE RECEIVED:
2)
3)
4)
5)
6)
7) ,
State explanation of requested Developmental Standards Variance: (State, what you
want to do and bite the sectionnumber(s) of the Cannel/Clay Zoning Ordinance which
applies and/or d.eates the need for this request).
We are requestfug a variance from 23B.12A to pennit parking between the building
and u.s. 31.
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9)
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12)
13)
14)
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State, reasons supporting the Developmental Standards Variance: (Additionally,
complete the .~ttached question sheet entitled "Findings of Fact-Developmental
Standards V anance")
The existing improvements and site were reviewed and approved along with the
review and apprbval of the entire Fidelity Plaza. Parking between the building and
u.S. 31 will be tonsistent with the existing development of the Fidelity Plaza.
Present zoning Jfthe property (give exact classification): B-6: U.S. 31 Overlay
Size of 10t/parJI in question: 2.36 acres
Present use of Je property: Restaurant
Described the pLposed use of the property: Office/Retail
Is the property:
Owner occupied
Renter occupied X
Other
Are there any JStrictions, laws, covenants, variances, special uses, or appeals filed in
connection withl 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 expla.nktion.
There are cove~ants, easements, and other restrictions of record affecting the Real
Estate. Additiortally" the existing improvements and site were reviewed and approved
as part of the re~iew and approval of The Fidelity Plaza.
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Has work fo, which this Application is being filed already started? If answer is yes,
give details: Nd .
Building Pennit Number: Builder:
If proposed appeal is granted, when will the work commence?
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If the propose1 appeal is granted, who will operate and/or use the proposed
improvement fot which this application has been filed?
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NOTE:
LEGAL NOTI~E shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days
prior to the public heating I date. The certified "Proof of Publication" affidavit of the newspaper must be
available for inspection the night of the hearing.
LEGAL NOTICE L all adjoining and abutting property owners is also MANDATORY; two methods
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of notice are recommended~
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1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
property bwners. (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 I and abutting property owner acknowledging the twenty-five (25) day notice should
be kept fl verification that the notice was completed).
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
I
APPLICANT. AGAIN, 1[HIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS
PRIOR TO PUBLIC HEARING DATE. '
The applicant undlrstands that docket numbers will not be assigned until all supporting information has
been submitted to the Depafunent of Community Services.
The applicant ~erti~es by signing this application that he/she has been advised that all representations of
the Department of Corbnnlnity 'Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordfuance and/or the legal advise of his /her attorney.
I, .1 , Auditor of Hamilton County, Indiana, certify that the attached
(please Mt)
Affidavit is a true and comPlete listing of the adjoining and adjacent property owners of the property described
herewith.
OWNER
ADDRESS
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Auditor of Hamilton CountY, Indiana-Signature
Date
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AFFIDA VIT
The undersigned hereby swears that the foregoing statements and answers herein contained and the information
herewith submitted are in a~l respects true and correct to the best of my knowledge and belief.
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By:
Jo
Member
STATE OF INDIA.NA
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County of IIll-/IIl J T() ;J
Public I
(County in which notarization takes place)
For /11ft R ,oJ County, State ofIndiana, personally appeared
(Notary Public's county of residence
-eJO fI tI lS.,"R t) B I ~ So ]V
instrument
(Property Owner, Attorn~y, or Power of Attorney)
ss:
Before me the undersigned, a Notary
and acknowledge the execution of the foregoing
this I IT/-I day of
,tJ11f t2- ~ (-(
, 2005.
.::J7} AI CT L ~ tf# /L /cF"
Notary Public-Please 'Print
My commission expires:
5' - I (- ;;ZOtl g-
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CARMEU/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner: JRRMerid~an" LLC
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FINDINGS 0F FACT - DEVELOPMENT STANDARDS VARIANCE
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The approval of this Variance will not be injurious to the public health, safety, morals
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and general we[fare of the community because the proposed variance will allow the
site to be redclveloped (i) to permit an improved building and (ii) in a manner
consistent with re overall and existing development of The Fidelity Plaza.
The use and vallue of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner because the proposed variance will allow
the site to be ~edeveloped (i) to permit an improved building and (ii) in a manner
consistent with the overall and existing development of The Fidelity Plaza.
The strict apPlittion of the terms of the Zoning Ordinance to the property will result
in practical difficulties in the use of the property because strict application of the
Zoning Ord~ce will prohibit the redevelopment of the site (i) to permit an improved
building and (iiO in a manner consistent with the overall and existing development of
, , I
The Fidelity Plaza.
1.
2.
3.
I DECISION
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IT IS THEREFORE, I the decision of the Cannel/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
, 2005.
I CHAIRPERSON, Cannel/Clay Board of Zoning Appeals
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I SECRETARY, Cannel/Clay Board of Zoning Appeals
Conditions Ofthl Board are listed on the back. (Petitioner or his representative to sign).
I
H:\Tanet\MeridianAssetIDev. Standardsl Variance App. #2.doc
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I EXHIBIT A
A part of the Northwest QUfirter of Section 2, Township 17 North, Range 3 East, in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Northkst comer of said Quarter Section thence North 89 degrees 11 minutes 58
seconds East along the Ndrthline of said Quarter Section 117.53 feet to the Southeast comer of the
Southeast Quarter of Secti9n 34, Township 18 North, Range 3 East; thence. North 88 degrees 30 minutes
17. seconds East along said North line 684.011 fee~ thence South 00 degrees 13 mi~utes 58 seconds
East 660.160 fee~ thence ~orth 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence South 00 ~egrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17,sedonds East, parallel with the said'North line 296.136 feet to the Point of
Beginning of this descriptio!n; thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of curvature of a 150.17837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40se<f>nds West 38.00 feet from said poin~ thence Northerly along the said curve
32.867 feet to the point of r~verse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 qegrees 42 minutes 02 seconds East 62.00 feet from said point; thence
Northerly along said curve 34.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees. 52!minutes 53 seconds East 62;00 feet from said point; thence North 15 degrees
07, minutes 07 seconds West,54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access ri'ghtofway line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STry 222 (9) dated 1968, pages .12 and 13; thence South 00 degrees 13 minutes
58 seconds East along the lsaid right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with the said North line 364.024 feet to the Point of Beginning.
Together with the following Easements:
Water Line Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
through 23, and as amend~ by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. I
Storm Water Drainage E~ment dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
pages 24 through 29, in the Office of the Recorder of Hamilton County, Indiana.
Sanitary Sewer Easemrnt ~ated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36, and as ~merded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27,1993, and recorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Cou~ty, Indiana.
I
Sanitary Sewer Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as amehded bya Supplemental Agreement Regarding Easements and Covenants
dated May 27,1993, and rEkorded June 1,1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton courlty, Indiana.
I
Grant of Sanitary Sewer EJsement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pages ~ through 647, and as amended by a Supplemental Agreement Regarding
Easements and covenan~ dated May 27,1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the Recorder of Hamilton County, Indiana.
Declaration of ingress, egrL and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No. 10814, all i~ the Office of the Recorder of Hamilton County, Indiana
For information purposes dn,y:
Common Address:
Tax Parcel Number:
TSLLC File #:
11450 N Meridian Street, Carmel, Indiana 46032
16-13-02-00-00-003.004
05020024
H:\Janet\Meridian Asset\Legal Description per Title Reporldoc
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OWNERS' CONSENT AND JOINDER IN PETITIONS
:
The underSignel, being an owner of part of, or an undivided interest in, the
described in what is att~ched hereto and incorporated herein by reference as Exhibit
"Real Estate") hereby Juthorizesand directs JRR Meridian, LLC,an Indiana limited liability
company ("JRR"), al~ng with its employees, and designated architects, engineers, land
planners, attorneys, and agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions to
obtain all apprpvalsdeemed necessary by JRR with respect to the Real Estate
including, withG>ut limitation, approvals of ADLS, Development Plan, Development
Standards VariJnces, Sign Variances, Zoning Waivers, and all other approvals and
permits required by the Cannel Zoning and/or Subdivision Control Ordinance and
deemed necessJry by JRR to develop the Real Estate (collectively the "Approvals");
and I ,
2. To represent thb undersigned in connection with the 'Approvals, before the Carmel
Plan Commissi~n and its committees, the Carmel Common Council, any agency of
Carmel, andan1 other municipal or State agencies.
Further to tJiis Q)wner's Consent and Joinder in Petitions, the undersigned (i) join in
and ratify all applidatidns and petitions, if any, already filed by JRR with the Carmel Plan
Commission and the ~annel City Council in connection with the Approvals, and (ii)
acknowledge that this Owners' Consent and Joinder in Petitions shall constitute the execution
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by the undersigned of ap such petitions and applications filed by JRR, now or in the future, in
furtherance of the Approvals.
JSH MERIDIAN, LLC
An Indiana limited liability company
Date:
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.s -/7-0Si
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By:
H:Vanet\Meridian Asset\Owner's Consent-JSH Meridian.doc
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EXHIBIT A'
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A part of the Northwest Quaker of Section 2, Township 17 North, Range 3 East, in Hamilton County,
Indiana, more particularlyd~scribed as follows:
Commencing at the Northwlst corner of said Quarter Section thence North 89 degrees 11 minute~ 58
seconds' East along the North line of said Quarter Section 117.53 feet to the, Southeast corner of the
Southeast Quarter of Sectio~34,Town5hip 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along said INorth line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet; thence North 88 degrees 30 minutes 17 seconds East, parallel with said, North line
I '.
440.107 feet; thence South (DO degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 secdnds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this description~ thence North 02 degrees 15 minutes 20 seconds East 171.019 feefto the
point of curvature of a 150.71837 degree curve to the left, the radius point of said curve being' North 87
degrees 44 minutes 40 secdnds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point of reyerse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 degrees 42 minutes 02 seconds East 62.00 feet from said point; thence
Northerly along said curve 3f.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees 52 minutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds West 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access rig~t of way line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STF 222 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along the sbid right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with tte said North line 364.024 feet to the Point of Beginning.
Together with the following easements:
Water Line Easement date~ May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
through 23, and as amendedl by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and recorde1d June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana.
Storm Water Drainage Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
I
pages 24 through 29, in the Office of the Recorder of Hamilton County, Indiana.
Sanitary Sewer Easement dlted May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36" and as amended by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and redorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Countt, Indiana. .
Sanitary Sewer Easement dJted May 28, 198~, and recorded June 25, 1980, in. Deed Record 321 , pages
37 through 42, and as amen~ed by a Supplemental Agreement Regarding Easements and Covenants
dated May 27. 1993, and redorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Count1. Indiana.
Grant of Sanitary Sewer Eas~mentdated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pages 64f through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenants dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the R~corder of Hamilton County, Indiana.
Declaration of ingress, egres~ and parking recorded June 25, 1980 in Deed Record 321, pages 43~8 as
Instrument No. 10814, all in the Office of the Recorder of Hamilton County, Indiana
For information purpose$'Only:
Common Address:
Tax Parcel Number:
TSLLC File #:
tit
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11450 N Meridian Street, Carmel, Indiana 46032
16-13-02-00-00-003.004
05020024
H:\Janet\Meridian Asset\Legal Description per Title Report.doc
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03/I,71200CE, THU 17: 34 FAX 63463' +H Meridian Real Estate,e
OWNERS' CONSENT AND JOINDER IN PETITIONS
The W1dersignerd. being an owner of part of, or an undivided interest in, the real
described in what i~ attached hereto and incorporated herein by reference as Exhibit '~A" (the
"Real Estate") hereby ~uthorizes and directs JRR Meridian, LLC, an Indiana limited liability
company ("JRR''), albng with its employees, and designated architects, engineers, land
I
planners"attomeys, ana agents, as follows:
1. To file, foranJ on behalf of the undersigned, any and all applications and petitions to
obtain allapp~ovals deemed necessary by JRR with respect to the Real Estate
including, )Vi~out limitation, approvals of ADLS, Development Plan, Development
Standards Variances, Sign Variances, Zoning Waivers,. and all other approvals and
permits rCCluirbd by the Carmel Zoning and/or Subdivision Control Ordinance and
deemed neeesJary by JRR to develop the Real Estate (collectively the "Approvals");
and
2. To. represeI1t . the undersigned in connection with the Approvals, before the Carmel
Plan Conunis~ion and its committees, the Cannel Common CoUt1cil, any agency of
Carmel, and 1Y other municipal or State agencies.
Further to this! Owner's Consent and Joinder in Petitions, the undersigned (i) join in
and ratify all appUcations and petitions, if any, already filed by JRR with the Cannel Plan
Commission and.. the! Carmel City Council in connection with the Approvals~ and (ii)
acknowledge that fuisl Owners' Consent and Joinder in Petitions shall constitute the execution
by the undersigne~ o~ all such petitions and applications filed by JRR, now or in the future, in
furtherance of the :Approvals.
JMB MERIDIAN~ LLC .
An Indiana limited liab11ity company
Date: '3 -- I "7 f q j/
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H:Vanc:t\Mcridian Assct\Ovmcr's Consent-1MB Meridian.doc
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I I . EXHIBIT A
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, in Hamilton County,
Indiana, more particularly d~scribed as follows:
Commencing at the Northwtt corner of said Quarter Section thence North 89 degrees 11 minute~ 58
seconds East along the North line of said Quarter Section 117.53 feet to the Southeast corner of the
Southeast Quarter of Sectio~ 34, Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along $aid INorth line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet; thence North 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence Soyth IDO degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 secdnds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this description!; thence North 02 degrees 15 minutes 20 seconds, East 171.019 feet to the
point of curvature of a 150.7VS37 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 secdnds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point Of rererse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 degrees 42 minutes 02 seconds East 62.00 feet from said point; thence
Northerly along said curve *.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees 52 minutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds WeJt 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited acces$ rig~t of way line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STF Q22 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along the ~aidright of way line 274.552 feet; thence South 88 degrees 30 minutes 17
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seconds West parallel with the said North line 364.024 feet to the Point of Beginning.
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Together with the followi'ng Etasements:
Water Line Easement Jate1 May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
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through 23, and as amended by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and recordJd June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. I
StorrnWater Drainage Easement dated May 28, 1980, and recorded June 25,1980, in Deed Record 321,
pages 24 through 29, in .the bffice of the Recorder of Hamilton County, Indiana.
Sanitary Sewer EasemE;int dlted May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36, and as amen1ded bya Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and redorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton County, Indiana.
Sanitary Sewer Easement dlted May 28, 1980, and recorded June 25, 1980, in Deed Record 321 , pages
37 through 42, and as ar;nenided by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and reGorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hami'lton CountY, Indiana.
Grant of Sanitary Sewer. EaJement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, page~ 64/4 through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenants dated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the R~corder of Hamilton County, Indiana.
Declaration of ingress, ebreJs and parking recorded June 25, 1980 in Deed Record 321 , pages 43~8 as
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Instrument No.1 0814, a,ll in the Office of the Reco~der of Hamilton County, Indiana
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For information purposes oh,y:
Common Address: ,\ 11450 N Meridian Str~et, Carmel, Indiana 46032
Tax, Parcel Number: ,I' 16-13-02-00-00-003.004
TSLLC File #:, 05020024
H:\Janet\Meridian Asset\Legal DeScri~tiOn per Titie Reportdoc
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O,3.11712M5 THU 17: 34 FAX 63463_ +17 Meridian Real Estate
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O\V1NERS'CONSENTAND JOINDER IN PETITIONS
The undersigned, being an owner of part of, or an undivided interest in, the real estate
described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the
"Real Estate") hereby (authorizes and directs JRR Meridian, LLC, an Indiana limited liability
company ("JRR')> alpng with its employees, and designated architects, engineers, land
planners, attorneys, ana agents, as follows:
1. To file, for .anJ on behalf of the undersigned, any and all applications and petitions to
obtain all app~ovals deemed necessary by JRR with respect to the Real Estate
inc1l1ding, wit~out limitation, approvals of ADLS, Development Plan, Development
Standards Variances, Sign Variances, Zoning Waivers, and all other approvals and
permits requir~d by the Cannel Zoning and/or Subdivision Control Ordinance and
deemed necessflfY by JRR tod~velop the Real Estate (collectively the "Approvals");
and
2. To represent ~e undersigned in connection with the Approvals, before the Carmel
Plan Commission and its committees, the Carmel Common Council, any agency of
Carmel, and an~ other municipal or State agencies.
Further to thislowner's Consent and Joinder in Petitions, the undersigned (i) join in
and ratify all applications and petitions, if any, already filed by JRR with the Carmel Plan
Commission and the I Carmel City Council in connection with the Approvals, and (ii)
acknowledge that this pwners' Consent and Joinder in Petitions shan constitute the execution
by the undersigned of all such petitions and applications filed by JRR, now or in the future, in
furtherance of the Apptovals.
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Date: ~. ( 7 · :0 ~-
By:
H:\Janct\Mcridian Assct\OwDcr's Conscnt-GDR Meridian.doc
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A part of the Northwest QuJrter of Section 2, Township 17 North, Range 3 East, in Hamilton County,
Indiana, more particularly described as follows:
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Commencing at the Northwkst corner of said Quarter Section thence North 89 degrees 11 minute~ 58
seconds East along the NO~h line of said Quarter Section 117.53 feet to the Southeast corner of the
Southeast Quarter of Sectio" 34, Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
17 seconds East along saidi North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet; thence North 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence South ;00 degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 sec@nds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this descriptiori; thence North 02 degrees 15 minutes 20 seconds East 171.019 feefto the
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point of curvature of a 150.~7837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 sec0nds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point of r~verse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42 dkgrees 42 minutes 02 seconds East 62~00 feet from said point; thence
Northerly along said curve 34.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees 52 rinutes 53 seconds East 62.00 feet from said point; thence North 15 degrees
07 minutes 07 seconds We~t 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access right of way line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STFI2~2 ~9) dated 19,68, pages 12 and 13; thence South 00 degrees ~3 minutes
58 seconds East along the $ald nght of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with the said North line 364.024 feet to the Point of Beginning.
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Together with the following Easements:
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Water Line Easement datep May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
through 23, and as amended by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and record~d June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. I
Storm Water Drainage EasJment dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
pages 24 through 29, inthepffice of the Recorder of Hamilton County, Indiana.
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Sanitary Sewer Easement d6ted May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36, and as ame~ded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and re~orded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton County, Indiana.
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Sanitary Sewer Easemeflt dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
37 through 42, and as af1en:ded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, an~ re~orded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton Cq>unt}!, Indiana.
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Grant of Sanitary Sewer' EaJement dated September 24, 1982, and recorded September 24, 1982, in
Deed Record 332, pagep 64~ through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenants tJated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the R~corder of Hamilton County, Indiana.
Declaration of ingress, egreJs and parking recorded June 25, 1980 in Deed Record 321, pages 43~8 as
Instrument No. 10814, all in the Office of the Recorder of Hamilton County, Indiana
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EXHIBIT A
For information purpose:s Omly:
Common Addre$s:
Tax Parcel Num~er:
TSLLC File #:
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11450 N, Meridian Street, Carmel, Indiana 46032
16-13-02-00-00-003.004
05020024
H:\Janet\Meridian Asset\Legal Description' per Title Report.doc
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OwNERS' CONSENT AND JOINDER IN PETITIONS
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The underSigneh,being an owner of part of, or an und~ided interest in, the i~<tf,estate ..
described in what is adached hereto and incorporated herein by reference as Exhibit "A'~{tl(errg~'~,
"Real Estate") hereby ~uthorizes and directs JRR Meridian,LLC, an Indiana limited liability---
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company ("JRR"), al9ng with its employees, and designated architects, engineers, land
planners, attorneys, land agents, as follows:
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To file, for and [on behalf of the undersigned, any and all applications and petitions to
obtain all apprpvals deemed necessary by JRR with respect to the Real Estate
including, with~ut limitation, approvals of ADLS, Development Plan, Development
Standards Varic!nces, Sign Variances, Zoning Waivers, and all other approvals and
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permits required by the Cannel Zoning and/or Subdivision Control Ordinance and
deemed necessairY by JRR to develop the Real Estate (collectively the "Approvals");
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To represent th~ undersigned in connection with the Approvals, before the Carmel
Plan Commission and its committees, the Carmel Common Council, any ag~ncy of
Carmel, andan~ other municipal or State agencies.
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Further to this ([)wner's Consent and Joinder in Petitions, the undersigned (i) join in
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and ratify all applicatidns and petitions, if any, already filed by JRR with the Carmel Plan
Commission and the ~armel City Council in connection with the Approvals, and (ii)
acknowledge that this Qwners' Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such petitions and applications filed by JRR, now or in the future, in
furtherance ofthe Apprbvals. .
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Date: ~ /\-1/oS I
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H:\Janet\Meridian Asset\Owner's C0nsent-SFS Meridian.doc
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SFS MERIDIAN, LLC
An Indiana limited liability company
By: ~~~~, ~~v1tlsr
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EXHIBIT A
A part of the Northwest auafer of Section 2, Township 17 North, Range 3 East, in Hamilton County,
Indiana, more particularly dTcribed as follows:
Commencing at the North, west corner of sa, id Quarter Section thence North 89 degrees 11 minutes 58
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'seconds East along the North line of said Quarter Section 117.53 feet to the Southeast corner of the
Southeast Quarter of Sectiorl34, Township 18 North, Range 3 East; thence North 88 degrees 30 minutes
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17 seconds East along $aid North line 684.011 feet; thence South 00 degrees 13 minutes 58 seconds
East 660.160 feet; thende N~rth 88 degrees 30 minutes 17 seconds East, parallel with said North line
440.107 feet; thence South (DO degrees 13 minutes 58 seconds East 689.566 feet; thence North 88
degrees 30 minutes 17 secdnds East, parallel with the said North line 296.136 feet to the Point of
Beginning of this descriptiont thence North 02 degrees 15 minutes 20 seconds East 171.019 feet to the
point of curvature of a 150.71837 degree curve to the left, the radius point of said curve being North 87
degrees 44 minutes 40 secdnds West 38.00 feet from said point; thence Northerly along the said curve
32.867 feet to the point of reyerse curvature of a 92.41255 degree curve to the right, the radius point of
said curve being North 42'degrees 42 minutes 02 seconds East 62~OO feet from said point; thence
Northerly along said curve *.821 feet to the point of tangency thereof, the radius point of said curve
being North 74 degrees 52 minutes 53 seconds East 62.00 feet from said 'point; thence North 15 degrees
07 minutes 07 seconds West 54.615 feet; thence North 89 degrees 46 minutes 02 seconds East 400.305
feet to the limited access rig~t of way line for U.S. #31 as now located and established per Indiana State
Highway Plans Project STF Q22 (9) dated 1968, pages 12 and 13; thence South 00 degrees 13 minutes
58 seconds East along the ~aid right of way line 274.552 feet; thence South 88 degrees 30 minutes 17
seconds West parallel with the said North line 364.024 feet to the Point of Beginning. .
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Together with the following IEasements:
Water Line Easement oate1 May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages 17
I
through 23, and as amended by a Supplemental Agreement Regarding Easements and Covenants dated
May 27, 1993, and record~d June 1, 1993, as Instrument No. 93-25716, in the Office of the Recorder of
Hamilton County, Indiana. I .
Storm Water Drainage Easement dated May 28, 1980, and recorded June 25, 1980, in Deed Record 321,
pages 24 through 29, in the bffice of the Recorder of Hamilton County, Indiana.
Sanitary Sewer Easement d~ted May 28, 1980, and recorded June 25, 1980, in Deed Record 321, pages
30 through 36, and as amended by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, and retarded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton County, Indiana.
Sanitary Sewer Easement d~ted May 28,1980, and recorded June 25, 1980, in Deed R~cord 321, pages
37 through 42, and as ame~ded by a Supplemental Agreement Regarding Easements and Covenants
dated May 27, 1993, anq retorded June 1, 1993, as Instrument No. 93-25716, in the Office of the
Recorder of Hamilton County, Indiana.
Grant of Sanitary SeweJ Ealement dated September 24, 1982, and recorded September 24, 1982, in
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Deed Record 332, pages 644 through 647, and as amended by a Supplemental Agreement Regarding
Easements and Covenants ~ated May 27, 1993, and recorded June 1, 1993, as Instrument No. 93-
25716, in the Office of the Recorder of Hamilton County, Indiana.
Declaration of ingress, egrels and parking recorded June 25, 1980 in Deed Record 321, pages 43-48 as
Instrument No. 10814, all in the Office of the Recorder of Hamilton County, Indiana
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For information purpos:es' CDnly:
Common Addr~ss: I 11450 N Meridian Street,Carmel, Indiana 46032
Tax Parcel Number! 16-13-02-00-00-003.004
TSLLC File #: I 05020024
H:\Janet\Meridian Asset\Legal Description per Title Report.doc
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW .
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B,FLATT. '
FREDRIC LAwRENCE
Of Counsel
'JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106 '
FAX: 317-846-8782
June '1, 2005
.. N(Cth~...
JIJA; VJ:l)
/). '2 2005
VCS
Pam Babbitt
CarrilelDept. of Community S'ervices
. One Civic Square .
'C:annel, IN 46032
Re: Fidelity o~ Meridian -. Additional Developmental. Standards Variance Application
. Filed in Gonnection with'"the DP/ADLS (Docket No. ~5040003)
Dear Pam: .1
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Enclosed for: the file are the Owners 'Consents~' Should you have any questions or
comments, please do:no~ hesitate to call me. Thank you. .
CDF/jlw
Enclosures
Very truly: yours,
NELSON & FRANKENBERGER
Cc
Charles D.Frankenbe~ger
H:\Tanet\Meridian Asset\Babbitt Itr 060105.doc