Loading...
HomeMy WebLinkAboutApplicationConn, An~lelina V From: Sent: To: Cc: Subject: Conn, Angelina V Tuesday, August 16, 2005 11:20 AM Tingley, Connie S; 'jims@nf-law.com' Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Benyola, Linda Docket No. Assignment: (V) Burford Office Park (#05080030 V) Connie, I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Burford Office Park. It will be the following: Docket No. 05080030 V Total Fee: $463.50 $463.50 Burford Office Park The applicant seeks the following development standards variance: Docket No. 05080030 V ZO Chapter 23E.07.A.l.a Parking Area Landscaping The site is located at 10400 Block of N Delaware/Pennsylvania Streets and is zoned R-1 & R-3 Residence, partly within the West Home Place Commercial Corridor Overlay. Filed by Jim Shinaver of Nelson & Frankenberger for Burford Properties, LLC. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, September 1, 2005. Published notice is required within the Indianapolis Star. Note: the Regular BZA meeting will begin at 6 pm. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, September 23, 2005. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON~ Friday, September 16, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, October 24, 2005 agenda of the BZA. 5. This Item will appear on the September 26, 2005 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Mr. Shinaver can be contacted at 844-0106 or fax: 846-8782 or email: jims~nf-law.com. Petitioner: please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send the notice to the IndyStar by Noon, two days prior to the printing deadline. 2.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's Office. 3.) Provide a filled out and notarized Public Notice Affidavit (pg 6 of the application). 4.) Provide an area location map. 5.) On the landscape plan, show or state what you are proposing vs. what is required by the ordinance. Thank you, Angie CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $257.50 for the first variance, plus $77.25 for each additional section of the ordinance being varied. All Other $978.50 for the first variance, plus $463.50 for each additional section of the Ordinance being varied. OR see Hearing Officer Fees 1) Applicant: Burford Properties, LLC, c/o Dr. Lynn Burford Address: 10293 N. Meridian St., Suite 250, Indianapolis, IN 46290 2) Project Name: Burford Office Park Phone: 846-7600 Engineer/Architect: Shawn Curran, 853 Conner Street, Phone: 773-9804 Noblesville, IN 46060 Attorney: James E. Shinaver, Nelson & Frankenberger Phone: 844-0106 3105 E. 98th St., Suite 170, Indianapolis, IN 46280 3) Applicant's Status: (Check the appropriate response) ~ (a) The applicant's name is on the deed to the property XXXXX(b) The applicant is the contract purchaser of the property ~ (c) Other: 4) If Item (3) (c) is checked, please complete the following: Owner of the property involved: See Prior Owner Consents from DP/ADLS Approval and Rezone Application Owner's address: 5) Record of Ownership: See Attached Deed Book No./Instrument No. 6) Page: Purchase Date: Common address of the property involved: Pennsylvania Street - between 103rd Street and 106th Street Legal description: See Exhibit A Tax Map ParcelNo.' ~"][ '~ i }t3 2. ©1 ~ i O~ (.-~(-~~ 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). The Applicant is seeking a variance from Section 23 E.07 (A)(1)(a): Parking Area Landscaping Page 1 of 8 - z\shared\forms\BZA applications\Development Standards Variance Application rev. 08/05/2005 t ~ 8) 9) 10) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance") See Exhibit "B" Present zoning of the property (give exact classification): R-1 (Residential) and R-3 (Residential) Size of lot/parcel in question: _approx. 59,898 square feet acres - See Exhibit "A" attached hereto 12) 13) 14) Present use of the property: A portion is residential and a portion is unimproved Described the proposed use of the property: Rezone to B-5 (Business)- General/Professional Office Development Is the property: Owner occupied XX Renter occupied 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 application? If yes, give date and docket number, decision rendered and pertinent explanation. The applicant recently obtained DP/ADLS approval for developing the site as a General/Professional Office Building and is currently seeking a rezone approval for the same use. Has work for which this Application is being filed already started? details' NO Building Permit Number: Builder: If answer is yes, give 16) If proposed appeal is granted, when will the work commence? Immediately following approval If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns, and subsequent owners of the real estate 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 inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY; two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date). AFFIDAVIT I, James E. Shinaver, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects true and correct to the best of my knowledge and belief. Jame S~~a~Ver Att Applicant and Owner STATE OF 1NDIANA COUNTY OF HAMILTON ) ) ss. ) Before me, a Notary Public, in and for said County and State, personally appeared James E. Shinaver, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this /.?,"r/~ day of August, 2005. My Commission Expires: _. Residing in PIt'RI 0 L/ County J>/~hiy Public Page 4 of 8 - zXsharedXfo~sXBZA applicationsXDevelopment Standards Variance Application rev. 08/05/2005 DBSCR TIOi OF THB PORTION OF THE DR, BUBFOBI) PROPERTY TO BE ItE-ZO D A part of the Northeast Quarter of Section 11, Township 17 North, Range S East, Hamilton County, Indiana, it being also ~ part of Perm-View Heights 1 '~ Section (the plat of which is recorded in Deed Record 139, pages 855-356, in the Office of the Recorder of said county), described as follows: Commencing at the northwest corner of said quarter section; thence North $9 degrees 06 minutes 26 seconds East (assumed bearing) along the north line of said quarter section 2[;.01 feet to the east line (prolonged) of Pennsylvania Street; thence South 0 degrees 10 minutes 59 seconds West along said east line 645.01 feet to the point of be2~nning of this description, which point is the northwest corner of Lot 7 in said subdivision: FROM SAID BEGINNING POINT North 89 degrees 06 minutes 26 seconds East along the north line of said lot 120.00 feet to the northeast corner of said lot; thence South 0 degrees 10 minutes 59 seconds West along the east line of said lot and along the east line of Lot 8 a distance of 200.00 feet to the southeast corner of said Lot 8; thence North 89 degrees 06 minutes 26 seconds East along the north line of Lot 15 a distance of 18.00 feet; thence South 0 degrees 10 minutes 59 seconds West 150.00 feet to the south line of the north half of Lot 17; thence South 89 degrees 06 minutes 26 seconds West along said south line 18.00 feet to the east line of Lot 10; thence South 0 degrees 10 minutes 59 seconds West along said east line 50.00 feet to the northeast corner of Lot 11; thence South 4 degrees 03 minutes 19 seconds East along the east line of said Lot 11 a distance of 75.10 feet; thence South 89 degrees 06 minutes 26 seconds West 125.5~ feet to the east line of said Pennsylvania Street; thence North 0 degrees 10 minutes 59 seconds East along said east line 475.00 feet to the point of beginning; containing 59,$9~ square feet, more or ]ess. , Subject to zoning, restrictions, encumbrances, fights of way, easements, and regulated drains, if any. Given .ander my- hand-and.seal thl-'s I~:h day Of July 2005: Surveyor No, 8481, State of Indiana Docket No.' Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, IND/ANA Burford Properties~ LLC . o FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because the proposed variance will not have any affect on public health, safety, morals, and general welfare of the community. The variance pertains to a parking area landscaping requirement. The Applicant will install parking area landscaping; however, due to site constraint issues associated with the property, there is not enough available area to install all landscape plantings as required by Section 23E.07(A)(1)(a). The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the site will contain significant landscaping and the site will be sufficiently buffered. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because providing the required plantings pursuant to Section 23E.07(A)(1)(a) would limit the area of the real estate that could be developed contrary to the intent of the Homeplace District Overlay Zone and, specifically, the West Homeplace Commercial Corridor. The site will contain parking area landscaping and buffering and shall be landscaped in a meaningful way. The proposed landscape plan has already been reviewed and approved by the Plan Commission through the ADLS/DP process. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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 26th day of September, 2005. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). H:XJanet~Burfordl'tF of F Variance.doc PETITIONER'S CONSENT AND JOINDER IN PETITIONS The undersigned, Burford Properties, LLC, an Indiana limited liability company ("Burford"), being the Petitioner in regard to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes and directs the law firm of Nelson & Frankenberger, P.C. ("NF"), Curran Architecture, and Parsons, Cunningham & Shartle, along with their employees, attorneys, and appointed agents, as follows: Ii To file, for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Burford with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a B5 (Business) zoning classification, necessary to permit the development of the Real Estate for a general/professional office building pursuant to the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms and conditions of which shall be determined by Burford's sole discretion, and (ii) all secondary approvals including, without limitation, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals, plat vacation and plat amendment approvals, improvement location permits, and all other approvals and permits required by the Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Burford to further develop the Real Estate per the terms of the Rezone Application (collectively the "Approvals"); and , To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission, and its committees, and the Common Council for the City of Carmel, and its committees, and any other agency, and any other municipal or State agencies, and to file, for and on behalf of the undersigned, all applications and petitions deemed necessary by Burford to obtain the Approvals. 3~ The undersigned, being duly swom, deposes and says that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of the undersigned's knowledge and belief. Further to this Petitioner's Consent and Joinder in Petitions, the undersigned acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Burford, now or in the furore, in furtherance of the Approvals. Date: BURFORD PROPERTIES, LLC, an Indiana limited liabi!.jty company .- / ,/ / ..".~ //,q, Dr. LY~/" Burford, Manag(ng Partner Parcel Nos. 17-13-11-02-01-012.000 17-13-11-02-01-010.000 17-13-11-02-01-009.000 17-13-11-02-01-025.000 (Jones Parcel) (Fillenwarth Parcel) (Zwilling Parcel) (Holsten Parcel) STATE OF INDIANA ) ' ) ss. COUNTY OF MARION ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Dr. Lynn Burford, Managing Partner of Burford Properties, LLC, an Indiana limited liability company, who acknowledged execution of this Petitioner's Consent and Joinder in. Petitions. Witness my hand and Notarial Seal this My C~ommission Expires: [~~dayof .~//~;/ ,2O05. C ou/n/ty of Resilience: H :Uanet~urford~etitioner's Consent.doc EXHIB IT "A" Description of Real Estate me Holsten Parcel - Tax I.D. #17-13-11-02-01-025.000 Lots Numbered 7 and 20 in Penn-View Heights, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139 pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. Be Zwilling Parcel- Tax I.D. #17-13-11-02-01-009.00 Lot Numbered 8 in Penn-View Heights, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139 pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. Ce Fillenwarth Parcel- Tax I.D. #17-13-11-02-01-010.000 Lot 18 and Lot 9 in Penn-View Heights, First Section, a subdivision of a part of the Northeast quarter of Section 11, Township 17 North, Range 3 East of the second principal meridian, in Clay Township, Hamilton County, Indiana, the plat of which is recorded in Deed Record No. 139 on pages 355 and 356, in the Office of the Recorder of Hamilton County, Indiana. D, Jones Parcel - Tax I.D. #17-13-11-02-01-0012.000 Lot 10 in Penn-View Heights, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139 pages 355- 356 in the Office of the Recorder of Hamilton County, Indiana. H:UanctkBurford~Petit loner's Consent.doc OWNER'S CONSENT AND JOINDER 1N PETITIONS The undersigned, being the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and directs Burford Properties, LLC, an Indiana limited liability company ("Burford"), along with its employees, engineers, land planners, attorneys, and appointed agents, as follows- ,, , To file, for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Burford with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a B5 (Business) zoning classification, necessary to permit the development of the Real Estate for a general/professional office building per the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms and conditions of which shall be determined by Burford's discretion, and (ii) all secondary approvals including, without limitfition, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals, plat vacation and plat amendment approvals, improvement location permits, and all other' approvals and permits required by the Rezone Application, the City Of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Burford to further develop the Real Estate per the terms of the Rezone Application (collectively the Approvals ); and · To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission, and its committees, and the Common Council for the City of Cannel, and its committees, and any other agency, and any other municipal or State agencies, and to file, for and on behalf of the undersigned, all applications and petitions deemed necessary by Burford to obtain the Approvals. ge The undersigned, being duly sworn, depose and say that they are the owners of the Real Estate and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of the undersigned's knowledge and belief. Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Burford, now or in th furtherance of the Approvals. Date: Date: Donn,~2' ~ois-ten ! /- - ' ' Parcel No. 17-13-11-02-01-025.000 STATE OF ~--~~/ta/,J,a~ _) ) SS: COUNTY OF ~ _~ ./,r3~ ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Jeff D. Holsten and Donna Holsten, who acknowledged execution of this Owner's Consent and Joinder in Petitions. Witness my hand and Notarial Seal this_ ] '~'~day of ... ~_Commission E_xpires: County of Residence: ,~fl)F~--~ t... ,200~'- Nfft~ Public Printed Name H :UanetkBurfordhttols ten Consent.doc EXHIBIT "A" Description of Real Estate Holsten Parcel - Tax I.D. #17-13-11-02-01-025.000 Lots Numbered 7 and 20 in Penn-View Heights, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139 pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. H:Uanet~Burford~l olsten Consent.doc OWNER'S CONSENT AND JOINDER IN PETITIONS The undersigned, being the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and directs Burford Properties, LLC, an Indiana limited liability company ("Burford"), along with its employees, engineers, land planners, attorneys, and appointed agents, as follows: le To file, for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Burford with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a B5 (Business) zoning classification, necessary to permit the development of the Real Estate for a general/professional office building per the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms and conditions of which shall be determined by Burford's discretion, and (ii) all secondary approvals including, without limitation, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals, plat vacation and plat amendment approvals, improvement location permits, and all other approvals and permits required by the Rezone Application, the City of Cannel and/or the Zoning Ordinance for the City of Cannel and deemed necessary by Burford to further develop the Real Estate per the terms of the Rezone Application (collectively the ,, Approvals ); and e To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission, and its committees, and the Common Council for the City of Cannel, and its committees, and any other agency, and any other municipal or State agencies, and to file, for and on behalf of the undersigned, all applications and petitions deemed necessary by Burford to obtain the Approvals. 3, The undersigned, being duly swom, depose and say that he is the owner of the Real Estate and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects tree and correct to the best of the undersigned's knowledge and belief. Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Burford, now or in the future, in furtherance of the Approvals. Date: ............. . J;6hn A. Fillenwarth Parcel No. 17-13-11-02-01-010.000 STATE OF COUNTY OF ) ) SS: ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared John A. Fillenwarth, who acknowledged execution of this Owner's Consent and Joinder in Petitions. Witness my hand and Notarial Seal this My Commission Expires: ~l,, o~. 07 County of Residence: day of ~?~'[ 2F---)O ~ , 200~. < H :~Janet~Burford~Fillenwarth Consent.doc EXHIB IT "A" Description of Real Estate Fillenwarth Parcel - Tax I.D. #17-13-11-02-01-010.000 Lot 18 and Lot 9 in Penn-View Heights, First Section, a subdivision of a part of the Northeast quarter of Section 11, Township 17 North, Range 3 East of the second principal meridian, in Clay Township, Hamilton County, Indiana, the plat of which is recorded in Deed Record No. 139 on pages 355 and 356, in the Office ofthe Recorder of Hamilton County, Indiana. H:~Jan¢fiBurford~Filicnw arth Consent.doc OWNER'S CONSENT AND JOINDER IN PETITIONS The undersigned, being the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and directs Burford Properties, LLC, an Indiana limited liability company ("Burford"), along with its employees, engineers, land planners, attorneys, and appointed agents, as follows: 1, To file, for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Burford with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a B5 (Business) zoning classification, necessary to permit the development of the Real Estate for a general/professional office building per the terms of the Zoning Ordinance for the City of Cannel (hereafter "Rezone Application"), the terms and conditions of which shall be determined by Burford's discretion, and (ii) all secondary approvals including, without limitation, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals, plat vacation and plat amendment approvals, improvement location permits, and all other approvals and permits required by the Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Burford to further develop the Real Estate per the terms of the Rezone Application (collectively the "Approvals"); and 2, To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission, and its committees, and the Common Council for the City of Carmel, and its committees, and any other agency, and any other municipal or State agencies, and to file, for and on behalf of the undersigned, all applications and petitions deemed necessary by Burford to obtain the Approvals. 3, The undersigned, being duly sworn, depose and say that they are the owners of the Real Estate and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects tree and correct to the best of' the undersigned's knowledge and belief. Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Burford, now or in the future, in furtherance of the Approvals. Leo R. Zwilling, as Trustee, and to the Successor or Trustees of the Zwilling Family Revocable Trust dated October 25, 1993, and any amendments thereof Eva M. Zwilling, as.,_]5/rustee, and to the Trustees of the Zwilling Family Revocable Trust dated October 25, 1993, and any amendments thereof or Parcel No. 17-13-11-02-01-009.000 STATE OF ~/.~/:i f COUNTY OF SS' Before me the undersigned, a Notary Public in and for said County and State, personally appeared Leo R. Zwilling and Eva M. Zwilling, as Trustees, and to the Successor or Trustees of the Zwilling Family Revocable Trust dated October 25, 1993, and any amendments thereof, who acknowledged execution of this Owner's Consent and Joinder in Petitions. Witness my hand and Notarial Seal this /*~' My Commission Expires: County of g6~dence: Notary Public . : Printed Name H:UanetkBurford~willing Consent.doc EXHIBIT "A" Description of Real Estate Zwilling Parcel - Tax I.D. # 17-13-11-02-01-009.00 Lot Numbered 8 in Perm-View Heights, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139 pages 355-356 in the Office of the Recorder of Hamilton County, Indiana H :klanetkBurford~Zwillin g Consent.doc OWNER'S CONSENT AND JOINDER IN PETITIONS The undersigned, being the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and directs Burford Properties, LLC, an Indiana limited liability company ("Burford"), along with its employees, engineers, land planners, attorneys, and appointed agents, as follows: To file, for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Burford with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a B5 (Business) zoning classification, necessary to permit the development of the Real Estate for a general/professional office building per the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms and conditions of which shall be determined by Burford's discretion, and (ii) all secondary approvals including, without limitation, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals, plat vacation and plat amendment approvals, improvement location permits, and all other approvals and permits required by the Rezone Application, the City of Cannel and/or the Zoning Ordinance for the City of Cannel and deemed necessary by Burford to further develop the Real Estate per .the terms of the Rezone Application (collectively the Approvals ); and 2, To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission, and its committees, and the Common Council for the City of Cannel, and its committees, and any other agency, and any other municipal or State agencies, and to file, for and on behalf of the undersigned, all applications and petitions deemed necessary by Burford to obtain the Approvals. ,, The undersigned, being duly sworn, depose and say that they are the owners of the Real Estate and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of the undersigned's knowledge and belief. Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Burford, now or in the future, in furtherance of the Approvals.~ ~'' . Date: /l~/ Gary D. Jone~ Parcel No. 17-13-11-02-01-012.000 STATE OF_ 2--~/~,.~,-d,,~(__ ~ ) ~ ) SS: COUNTY OF_½~_~,,,/do,,, ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Gary D. Jones, who acknowledged execution of this Owner's Consent and Joinder in Petitions. Witness my hand and Notarial Seal this_ ,/'~ day of' ]z~ir)~ ' / ,2004. My Commission Expires: , County .of Residence: Notary Public~// Printed Name STATE OF Zg,,"'~./~. _,-.-z/-~ ) ) SS- COUNTY OF _ .]--/'a~.? ~'/'2fO,9_ ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Guy E. Jones, who acknowledged execution of this Owner's Consent and Joinder in Petitions. Witness my hand and Notarial Seal this day of .4z>/~-/'/ ,200~P" My Commission Expires: County of Residence: / Notary Publi~ Printed Name.o/ H :XJanet\B urford~Jones Consent.doc EXHIBIT "A" Description of Real Estate Jones Parcel - Tax I.D. #17-13-11-02-01-0012.000 Lot 10 in Penn-View Heights, a Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 139 pages 355-356 in the Office of the Recorder of Hamilton County, Indiana. H:~JanetXB urford~Jones Consent.doc