HomeMy WebLinkAboutPacket August 28, 2017 17040002-6 UV, VLucas Special Events Venue
1303 W. 116th Street
Docket Nos. 17040002UV & 17040003 - 5V
(Docket Number 17040006V Withdrawn)
Variances of Use and Development Standards
to permit a Special Events Venue
CARMEL BOARD OF ZONING APPEALS
August 28, 2017
17040002UV - 17040005V
Lucas Special Events Venue
Table of Contents
Petitioner:
Tab 1: Executive Summary and
The Lucas Living Trust
Detailed Description of
a/k/a The Lucas Family Living Trust
Variance Requests
1143 W. 116th Street
Carmel, IN 46032
Tab 2: Lucas Estate Fact Sheet
Legal Counsel:
Tab 3: Aerial Location Map
Ice Miller LLP
Timoth E. Ochs, Attorney
Tab 4: Site Plan of Property
One American Square
Suite 2900
Tab 5: Sound Survey
Indianapolis, IN 46282-0200
317-236-5952
Tab 7: Carmel DOCS Questions with
Petitioner’s Responses
Tab 8: Proposed Commitments
Tab 9: Letter of Support
Tab 10: Petitioner’s Findings of Fact
Tab 11: Ballot Sheets: BZA’s Findings of Fact
17040002UV - 17040005V
Lucas Special Events Venue
Executive Summary and Request
The Petitioner, The Lucas Living Trust, a/k/a The Lucas Family Living Trust, is seeking approval of a
Use Variance and four Variances of Development Standards for the continued operation of an existing
Special Events Venue. The property subject to the requested variances, adjacent to the Lucas
residential estate, was initially developed by the Irsay family and houses the facility formerly known
as the Robert Irsay Pavilion. The requested Variances would not apply to the property which contains
The Petitioner acquired the subject property from the Estate of Nancy Irsay in May, 2016. While the
existing Pavilion, with its related supporting facilities and parking areas, has operated for a number of
years prior to the acquisition by the Petitioner, the Petitioner has not found evidence that the facility
received any zoning approvals and seeks to remedy this for the continued operation of the Venue. No
new facilities or the expansion of the existing improvements are proposed in relation to these
requested Variances.
The subject property is zoned S-1 and is within the West 116th Street Overlay Zone. The following
Variances are requested for the continued operation of the Special Events Venue:
1. Docket No. 17040002 UV: Chapter 5.01.01 of the Carmel Zoning Ordinance does not
include the existing Special Events Venue as a permitted use. The request is to permit the Special
Events Venue.
2. Docket No. 17040003 V: Chapter 27.03 of the Carmel Zoning Ordinance requires
parking areas to have curbing. The request is to permit the existing parking area which were not
developed with curbing to continue as is.
3. Docket No. 17040004 V: Chapter 33.05.E of the Carmel Zoning Ordinance requires
parking lots to have interior plantings. The request is to permit the existing parking area which were
not developed with interior plantings to continue as is.
4. Docket No. 17040005 V: Chapter 26.04 & 33.05.A of the Carmel Zoning Ordinance
as is.
5. Docket No. 17040006 V: Docket No. 17040006 V: Chapter 2.09 of the Carmel Zoning Ordinance requires Chapter 2.09 of the Carmel Zoning Ordinance requires
compliance with the Transportation Plan. The Transportation plan calls for a 60’ half right-of-way compliance with the Transportation Plan. The Transportation plan calls for a 60’
half right-of-way
width for 116th Street . The request is to permit the half right-of-way to be reduced and align with the width for 116th Street . The request is to permit the half right-of-way to
be reduced and align with the
existing entry columns and wall nearest 116th Street.existing entry columns and wall nearest 116th Street.
Thank you for your consideration of these Variances.
17040002UV - 17040005V
Lucas Special Events Venue
Lucas Estate Fact Sheet
The Lucas Estate is Forrest and Charlotte Lucas’ private estate purchased from CNO Financial in October
2010. Recently, they purchased the Late Nancy Irsay’s Estate located directly adjacent to and west of the
original Lucas Estate. Forrest and Charlotte made a promise to the community that they would preserve the
history of both estates and share them with the community.
Since 2011, Forrest and Charlotte have opened the Lucas Estate property to the community to host various
charity and corporate organizations and a few weddings. We host 30-50 events each year and we DO NOT
intend on increasing the event activity once the use variance is obtained. These events could range from 20
guests to over 500.
The Lucas Estate is not an avenue to make money as the Lucas’ business Lucas Oil Products, LLC is the
main entity that provides resources for us to be able to work on behalf of the community. The Lucas Estate
is simply one of the many avenues for the Lucas Family to carry out their philanthropic initiatives. The estate
cannot be hired out by anyone simply by paying a certain fee. This is not a traditional, commercial banquet
facility. The corporate events are usually local partners and allow resources for us to employ the talent that
makes the experience here at the Lucas Estate one of the best in the City and central Indiana.
The Lucas’ DO NOT plan on building any additional event spaces on the property and instead intend on using
the existing building that already exist.
It is often misunderstood that the Lucas’ do not live here at the estate when in fact they reside here about 90%
of their time. This is their home and they attend nearly all of the events held on the Estate.
A local developer submitted highest offer to purchase the Irsay Estate last year and in an effort to prevent
many new homes from being built on those 39 acres, Forrest and Charlotte submitted a generous bid to
prevent the disruption for the Lucas Estate and the surrounding neighbors.
Forrest and Charlotte’s personal events team sometimes spearhead major events here at the Lucas Estate
using the talent and resources of the Lucas’ to build community assets. Thus far, we are responsible for
building the 5000+ square ft. Child Life Zone at Riley hospital that houses 12.2 Child Life Specialist to
encourage more effective healing for sick and terminally ill kids. One of the other assets the Lucas team
initiated is the St. Vincent Cardiovascular Research Institute that was established in 2016 to help Indiana
Hoosiers receive the best care in heart health in the tri-state region.
The Lucas Estate is a community resource for the surrounding neighbors. We would be happy to help you to
execute your own personal events.
The largest of the events we have ever had hosts almost 700 guests, but generally our events host between
200-400 guests. Our parking lots contain approximately 420 parking spaces, which accommodates around
700 guests comfortably. We do have a hand picked transportation partner called SOPHI Global that executes
For sound, we recently switched to a Line-Array system that promotes a very clear digital sound that reduces
sound travel. We have mandated this system for all of are clients and is provided by our exclusive A/V partner,
Evans Audio Visual. Please see the sound study sheet.
The Lucas Estate team is made if up very experienced and talented individuals to ensure a one-of-a-kind
experience that meets the expectation of the property as well as Forrest and Charlotte. The Lucas Estate
Team works with a hand picked team of professional partners to ensure the quality and prestige of service.
Amended 08-17-2017
(outlined in yellow)
Lucas Living Trust Properties
Area of
Variances
Requested
(outlined in red)
daoR h
ctiD
da
oR
hct
iD
N
116th Street
daoR hctiD
LUCAS ESTATES
CLIENT
-3:00PM
LUCAS VARIANCE SOUND TEST
BASELINE SOUND PRESSURE LEVEL: 100DB
JULY 7 2017 12:00PM
PROJECT
67DB
PERIMETER SPL
DITCH ROAD WEST ENTRANCE AMBIENT SPL: 67DB SOURCE SPL : 7/7/17 100DB
ROAD
DATE
83DB
PERIMETER SPL
: 58 SOURCE DECIBILE:
EAST GATE AMBIENT SPL 7/7/17 100DB
ROAD
DATE
66DB
PERIMETER SPL
SOUTH FENCE AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB
ROAD
DATE
60DB
PERIMETER SPL
SOUTH EAST AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB
ROAD
DATE
60DB
PERIMETER SPL
SOUTH WEST AMBIENT SPL: 60 SOURCE DECIBILE: 7/7/17 100DB
ROAD
DATE
64DB
PERIMETER SPL
NORTH WEST AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB
ROAD
DATE
58DB
PERIMETER SPL
NORTH GATE AMBIENT SPL: 58DB SOURCE SPL: 7/7/17 100DB
ROAD
DATE
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S TATEMENT OF C OMMITMENTS
C OMMITMENTS CONCERNING THE U SE OR D EVELOPMENT OF REAL ESTATE MADE IN
CONNECTION WITH A VARIANCE
In accordance with I.C. 36-7-4-1015, the owner of the real estate located in Hamilton County, Indiana,
which is described below, makes the following commitments concerning the use and development of the
following parcel of real estate:
Legal Description: See attached Exhibit A (the Property).
Statement of Commitments:
1.Owner shall not conduct more than sixty (60) Events per calendar year on the Property. For
purposes of these COMMITMENTS, the term Event shall mean a gathering of more than 25
people on the Property for a meeting, wedding, fundraiser or other gathering that do not primarily
involve a member of the family that resides on the Property, such as a family members birthday
party, anniversary or graduation, family gathering or other gathering typically held on a single
family home property.
2.No more than eight (8) weddings shall be conducted on the Property during any calendar year.
3.All music and the use of speakers (except in the case of an emergency) on the Property shall end
no later than 11:00pm. This Commitment 3 shall not be violated if guests remain on the Property
after 11:00 as they wait to depart, such as waiting for their cars to be brought by valet parking
attendants.
4.Owner shall deliver to all persons entitled to receive notice of the public hearing for Docket No.
17040002 UV (the Notice List) the name and contact information for not less than two persons
associated with the Owner that can be immediately reached during an Event on the Property.
5.Owner shall make available to any neighbor on the Notice List a list of the scheduled Events that
will not occur entirely inside a building, which list shall indicate the date and time of all upcoming
Events on the Property; provided, however, that the group or person(s) that are associated with
the Event need not be disclosed.
6.No Events shall start before 9:00am.
7.Owner shall, at its sole cost, for all Events that are anticipated to have more than 100 attendees,
utilize an off-duty Carmel Police Officer or other qualified person to provide security for the
page 1 of 9
Event and direct traffic at the Ditch Road entrance to the Property. Such officer shall be present
to direct traffic not less than 30 minutes prior and 30 minutes after the scheduled start time and
end time of the applicable Event or as determined by the Carmel Police Officer conducting the
traffic.
8.No additional buildings shall be erected, installed, or constructed on the Property on or after the
approval of Docket No. 17040002 UV by the Carmel Board of Zoning Appeals that will be used
as part of any Event. This Commitment shall not be construed as prohibiting a building or other
structure on the Property that is used solely by Owner for any reason other than as part of an
Event.
9.Owner shall utilize a digital line array speaker system, and the sound output for any individual
speaker shall not exceed 90dB(A). Noise during an Event on the Property shall not exceed
60dB(A) at any boundary of the Property.
10.No Event on the Property shall exceed 700 attendees in size.
11.Light during an Event on the Property shall not exceed 0.1 foot-candle at any boundary of the
Property.
12.Owner shall not charge a rental, license or other fee for the use of the Property. Nothing in this
Commitment, however, shall be construed as prohibiting Owner from charging for food,
beverages, and other third party costs.
13.The existing dwellings/buildings located on the Property that are marked as No Event Structure
on the map of the Property attached hereto as Exhibit B (the Site Plan) shall not be used for an
Event on the Property.
14.Within 60 days after the approval of Docket No. 17040002 UV by the Carmel Board of Zoning
Appeals, Owner shall install a flagpole at the existing Ditch Road entrance to the Property.
Invitations, whether written or electronic, to an Event on the Property shall direct attendees to
use the entrance on Ditch Road that has flagpole located adjacent to the entrance.
15.Owner shall install a 6 tall solid board fence adjacent to the parking lots on the Real Estate.
These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate and other
persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a
decision of the Carmel Board of Zoning Appeals made at a public hearing after proper notice has been
given.
page 2 of 9
COMMITMENTS contained in this instrument shall be effective upon the adoption of modification or
termination approved by the Carmel Board of Zoning Appeals in Docket No. 17040002 UV.
These COMMITMENTS may be enforced by the Carmel Plan Commission (the Plan Commission), the
Carmel Board of Zoning Appeals (the BZA), the Department of Community Services of the City of
Carmel on behalf of the Plan Commission or BZA, and the owner of any property adjoining and
abutting the Property, including property across a public right-of-way.
The undersigned hereby authorizes the Department of Community Services of the City of Carmel,
Indiana, to record these COMMITMENTS in the office of the Recorder of Hamilton County, Indiana,
upon final approval of Docket No. 17040002 UV by the Carmel Board of Zoning Appeals.
IN WITNESS WHEREOF, owner has executed this instrument this _________ day of
, 2017.
By:
Forrest D. Lucas, Trustee of the Lucas Living Trust
under agreement dated November 9, 2000
By:
Charlotte M. Lucas, Trustee of the Lucas Living Trust
under agreement dated November 9, 2000
page 3 of 9
STATE OF INDIANA )
) SS:
COUNTY OF___________ )
Before me, a Notary Public in and for said County and State, personally appeared
Forrest D. Lucas, Trustee and Charlotte M. Lucas, Trustee of the Lucas Living Trust under agreement
dated November 9, 2000, owner of the real estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations therein contained are
true.
Subscribed and sworn to before me this day of , 2017.
Notary Public - Signature Printed Name of Notary Public
My Commission expires: My County of residence:
I affirm under the penalties for perjury, that I have taken reasonable care to redact each social security
number in this document unless required by law. Timothy E. Ochs.
This instrument was prepared by: Timothy E. Ochs, Attorney, Ice Miller LLP, One American Square,
Suite 2900, Indianapolis, IN 46282
page 4 of 9
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(taken from Special Warranty Deed, Instrument Number 2010052075, and
Administrators Deed, Instrument Number 2016022474)
Parcel A (not included in Variances):
Part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal
Meridian in Hamilton County, Indiana more particularly described as follows:
Beginning at the Northeast corner of said Quarter Section, said corner bears North 89 degrees 12
minutes 25 seconds East 2525.60 feet from the Southwest corner of the Southwest Quarter of Section
34, Township 18 North, Range 3 East in said county, Indiana: thence South 89 degrees 12 minutes 25
seconds West upon and along the North line of said Northwest Quarter Section 497.38 feet to the
Northwest corner of a tract of land conveyed by a Deed recorded December 13, 1976 as Instrument
No. 5862 in Book 293, Pages 152-153 in the Office of the Recorder of said county; thence South 16
degrees 59 minutes 40 seconds West upon and along the East line of said deed 651.18 feet to a point;
thence South 01 degree 36 minutes 39 seconds West 214.65 feet to a point; thence South 89 degrees 50
minutes 49 seconds East 691.44 feet to a point on the East line of said Quarter Section; thence North
00 degrees 09 minutes 12 seconds East upon and along said East line 846.04 feet to the POINT OF
BEGINNING, containing 11.90 acres, more or less.
PARCEL B (included in Variances):
Part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal
Meridian in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section, said point bears North 89 degrees 12
minutes 25 seconds East 2525.60 feet from the Southwest corner of the Southwest Quarter of Section
34, Township 18 North, Range 3 East in said county, Indiana; thence South 89 degrees 12 minutes 25
seconds West upon and along the North line of said Northwest Quarter Section 497.38 feet to a point
being the Northwest corner of a tract of land conveyed by a Deed recorded December 13, 1976 as
Instrument No. 5862 in Book 293, pages 152-153 in the Office of the Recorder of said County; thence
South 16 degrees 59 minutes 40 seconds West upon and along the East line of said Deed 651.18 feet to
the POINT OF BEGINNING; thence South 89 degrees 04 minutes 07 seconds West upon and along
the South line of said Deed 251.67 feet to a point; thence South 00 degrees 47 minutes 35 seconds East
page 5 of 9
69.00 feet to a point; thence South 89 degrees 12 minutes 25 seconds West 343.47 feet to a point on
the East line of a tract of land conveyed by a Deed recorded July 28,1988, as Instrument #88-15407, in
said Recorder's Office; thence the next four courses being upon and along the East line of said Deed: (1)
South 00 degrees 19 minutes 32 seconds West 41.60 feet to a point; South 00 degrees 41 minutes 27
seconds East 168.52 feet to a point; South 01 degree 08 minutes 01 second West 159.70 feet to a point;
South 01 degrees 49 minutes 50 seconds East 116.83 feet to the Southeast corner of said Deed; thence
South 00 degrees 57 minutes 05 seconds West 247.60 feet to a point, said point being on the North line
of Queen's Manor, Section 1, the plat of which is recorded in Plat Book 8, page 140, in the Office of the
Recorder of said county; thence South 86 degrees 31 minutes 49 seconds East along said North 32.74
feet to the Southwest corner of a tract of land conveyed by a
Deed recorded April 6, 1973, as Instrument #1743, in Book 265, page 195, in said Recorder's Office;
thence continuing South 86 degrees 31 minutes 49 seconds East along the South line of said Deed
Record, said South line also being the North line of said Queen's Manor, Section I, 540.36 feet; thence
North 01 degrees 36 minutes 39 seconds East 846.97 feet to the POINT OF BEGINNING, containing
10.48 acres, more or less.
PARCEL C (included in Variances):
Part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal
Meridian, in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section, said point bears North 89 degrees 12
minutes 25 seconds East 2525.60 feet from the Southwest corner of the Southwest Quarter of Section
34, Township 18 North, Range 3 East in said County, Indiana; thence South 00 degrees 09 minutes 12
seconds West with the East line of said Quarter Section 846.04 feet to the POINT OF BEGINNING;
thence North 89 degrees 50 minutes 49 seconds West 691.44 feet to a point; thence South 01 degree 36
minutes 39 seconds West 632.32 feet to the North line of Queen's Manor, Section 1, the plat of which is
recorded in Plat Book 8, page 140, in the Office of the Recorder of said County; thence South 86
degrees 31 minutes 49 seconds East along the North line of said Queen's Manor, Section I and the
extension thereof 708.71 feet to a point on said East line of said Quarter Section; thence North 00
degrees 09 minutes 12 seconds East along said East line 673.12 feet to the POINT OF BEGINNING,
containing 10.48 acres, more or less.
PARCEL D (included in Variances):
Part of the Northeast Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, described as follows:
page 6 of 9
Commencing at the Northwest corner of the Northeast Quarter of Section 3, Township 17 North,
Range 3 East, of the Second Principal Meridian, Clay Township, Hamilton County, Indiana; thence
South 00 degrees 52 minutes 59 seconds West (assumed bearing) 905.41 feet on the West line of said
Northeast Quarter to the intersection with a Westerly line of the real estate described in Instrument
#200000063974, in the Office of the Recorder, Hamilton County, Indiana, being the POINT OF
BEGINNING of this land description; thence continuing South 00 degrees 52 minutes 59 seconds West
396.58 feet on the West line of said Northeast Quarter to the Northwest corner of Lot Number 6 in
Estancia as per plat thereof, recorded in Plat Book 6, pages 88-91, in said Recorder's Office; thence
South 69 degrees 46 minutes 04 seconds East 44.27 feet on the North line of said Lot Number 6 in
Estancia to the Westerly line of the real estate described in said Instrument #200000063974; thence
North 04 degrees 55 minutes 00 seconds West 413.37 feet on the Westerly line of the real estate
described in said Instrument #200000063974, to the POINT OF BEGINNING, containing 0.19 acre,
more or less.
ALSO
A part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
COMMENCING at the Northwest corner of the said Quarter Section; thence North 89 degrees 10
minutes 55 seconds East (assumed bearing) along the North line of the said Quarter Section 133.80 feet
to the Southwest corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence North 89 degrees 12 minutes 25 seconds East along the North line of
the Northwest Quarter of said Section 3, a distance of 781.20 feet to the POINT OF BEGINNING, said
point being the Northwest corner of a tract of land conveyed by a Deed recorded as Instrument Number
10404 in Deed Record 288, pages 277 and 278 in the Office of the Recorder of Hamilton County,
Indiana; thence continuing North 89 degrees 12 minutes 25 seconds East along the said North line
796.42 feet to the Northwest corner of a tract of land conveyed by a Deed recorded December 13,
1977, as Instrument Number 5862 in Deed Record 293, pages 152 and 153 in the said Recorder's
Office; thence South 00 degrees 47 minutes 35 seconds East along the West line of said Deed and its
extension thereof 689.66 feet; thence South 89 degrees 12 minutes 25 seconds West 343.47 feet to the
page 7 of 9
East line of a tract of land conveyed by a Deed recorded December 9, 1976, as Instrument Number
5775 in Deed Record 293, pages 113 through 115 in the said Recorder's Office (the next four courses
are along the East line of said Deed and approximately along an existing fence line) (1) thence South 00
degrees 19 minutes 32 seconds West 41.60 feet; (2) thence South 00 degrees 41 minutes 27 seconds
East 168.52 feet; (3) thence South 01 degrees 08 minutes 01 seconds West 159.70 feet; (4) thence
South 01 degrees 49 minutes 50 seconds East 116.83 feet to the Northeast corner of a tract of land
conveyed by a Deed recorded January 16, 1980, as Instrument Number 5120 in Deed Record 318,
pages 531 and 532 in the said Recorder's Office (the next two courses are along said Deed); (1) thence
South 00 degrees 57 minutes 05 seconds West 247.60 feet; (2) thence South 89 degrees 12 minutes 25
seconds West 486.12 feet to the East line of a tract of land conveyed by a Deed recorded March 8,
1978, as Instrument Number 10761 in Deed Record 302 on page 803 in the said Recorder's Office (the
next three courses are along said Deed); (1) thence South 00 degrees, 09 minutes 55 seconds West
parallel with the West line of the said Northwest Quarter Section 196.12 feet; (2) thence North 89
degrees 50 minutes 05 seconds West 893.62 feet to the West line of the said Northwest Quarter
Section; (3) thence North 00 degrees 09 minutes 55 seconds East along the said West line 860.00 feet
to the Southwest corner of said Deed Recorded as Instrument Number 10404 (the next two courses are
along said Deed); (1) thence North 89 degrees 12 minutes 25 seconds East 915.00 feet; (2) thence
North 00 degrees 09 minutes 55 seconds East parallel with the West line of the said Northwest Quarter
Section 745.06 feet to the POINT OF BEGINNING, containing 38.678 acres, more or less (36.969
acres net of right of way).
EXCEPTING THEREFROM THE FOLLOWING:
A 0.319 acre tract taken for a Right-of-Way by the City of Carmel, as described in Quitclaim Deed
dated February 12, 2008 and recorded April 9, 2008 as Instrument No. 2008018833;
ALSO EXCEPTING THEREFROM THE FOLLOWING:
A part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East, Hamilton County,
Indiana, being described as follows:
Commencing at the Northwest Corner of said Northwest Quarter, marked by a Harrison Monument;
thence North 89 degrees 30 minutes 54 seconds East (basis of bearings) 134.06 feet to the Southwest
Corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East; thence along the
south line of said Southwest Quarter and the north line of said Northwest Quarter North 89 degrees 32
page 8 of 9
minutes 29 seconds East 780.95 feet the POINT OF BEGINNING of the parcel described herein;
thence continuing along said north line North 89 degrees 32 minutes 29 seconds East 114.42 feet to the
northwest corner of an 0.319 acre parcel conveyed to the City of Carmel, Indiana by Instrument
2008018833 in the Office of the Hamilton County Recorder; thence along a line of said 0.319 acre
parcel South 00 degrees 26 minutes 14 seconds East (South 00 degrees 27 minutes 31 seconds East by
record description) 25.00 feet to a corner thereof; thence along the southerly lines of said 0.319 acre
parcel the following seven courses: North 89 degrees 32 minutes 29 seconds East 230.00 feet; thence
North 80 degrees 32 minutes 58 seconds East 73.09 feet; thence along a curve to the right having a
radius of 83.00 feet for an arc length of 58.72 feet subtended by a long chord bearing South 64 degrees
49 minutes 10 seconds East with chord length of 57.50 feet; thence along a curve to the left having a
radius of 92.00 feet for an arc length of 106.74 feet subtended by a long chord bearing South 77
degrees 47 minutes 16 seconds East with chord length of 100.85 feet; thence along a curve to the right
having a radius of 483.00 feet for an arc length of 88.44 feet subtended by a long chord bearing North
74 degrees 13 minutes 19 seconds East with chord length of 88.32 feet; thence North 75 degrees 03
minutes 20 seconds East 48.96 feet; thence North 89 degrees 32 minutes 29 seconds East 96.99 feet
(97.25 feet by record description) to the east line of a 38.678 acre parcel conveyed to Forrest D. Lucas
and Charlotte M. Lucas, Trustees of the Lucas living Trust by Instrument 2016022747 in the Office of
the Hamilton County Recorder; thence along the east line of said Lucas parcel South 00 degree 27
minutes 07 seconds East (South 00 degree 47 minutes 35 seconds East by record description) 564.92
feet to a corner thereof; thence along a line of said Lucas parcel and the westerly prolongation thereof
South 89 degrees 32 minutes 53 seconds West (South 89 degrees 12 minutes 25 seconds West by
record description) 807.96 feet to a westerly line of said Lucas parcel; thence along said westerly line
North 00 degree 30 minutes 25 seconds East (North 00 degree 09 minutes 55 seconds East by record
description) 689.93 feet to the point of beginning, containing 12.196 acres, more or less.
page 9 of 9
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CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
17040002 UV - Special Events Venue
Docket No.: ____________________________________________________
The Lucas Living Trust a/k/a The Lucas Family Living Trust
Petitioner: ____________________________________________________
1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s)
such that enforcement of the zoning ordinance will result in unnecessary hardship because:
the variance will allow the continued use of the existing Meeting/Party Hall and the subject property for semi-
_______________________________________________________________________________________
public events in a manner which has proven to be for the benefit of the public interest.
_______________________________________________________________________________________
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the operations, through previous events, have proven to be well coordinated and a benefit to the community.
_______________________________________________________________________________________
_______________________________________________________________________________________
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
the variance will allow for the continued operation of the existing facilities in a manner which has proven not to
_______________________________________________________________________________________
substantially adversely affect adjacent properties.
_______________________________________________________________________________________
4. The need for the variance arises from a natural condition peculiar to the subject property because:
due to the size of the site and the existing improvements, the property is uniquely qualified to serve as a host
_______________________________________________________________________________________
site for the proposed semi-public events.
_______________________________________________________________________________________
5. The granting of this variance does not substantially interfere with the Carmel Comprehensive Plan because:
the primary use of the property will remain residential which is consistent with the Comprehensive Plan.
_______________________________________________________________________________________
_______________________________________________________________________________________
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use 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 ____________________________________, 20 __________.
_____________________________________________ _________________________________________
CHAIRPERSON, Carmel Board of Zoning Appeals
_____________________________________________ _________________________________________
SECRETARY, Carmel Board of Zoning Appeals
_____________________________________________ _________________________________________
(Conditions of the Board, if any, are listed on the back.)
Page 11 – filename: use variance application 2017 rev. 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
17040003V - No Parking Lot Curbing
Docket No.: _______________________________________________
The Lucas Living Trust
Petitioner: _______________________________________________
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
_____________________________________________________________________________________ the area affected by this Variance is interior to the site and is not injurious to the
_____________________________________________________________________________________
community. Appropriate drainage measures for the parking areas have been designed
_____________________________________________________________________________________
for the parking areas and have proven to be adequate.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
_____________________________________________________________________________________ the grant of this Variance will allow the existing parking areas related to the Special Events
_____________________________________________________________________________________
Venue to continue in a manner which they have do so for a number of years and which
have proven not to substantially adversely affect adjacent areas.
_____________________________________________________________________________________
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties
in the use of the property because:
_____________________________________________________________________________________
the existing parking areas would require reconstruction to add curbing.
_____________________________________________________________________________________
_____________________________________________________________________________________
DECISION
It is therefore the decision of the Carmel 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 __________________________________, 20 _______.
_____________________________________________ _____________________________________________
CHAIRPERSON, Carmel Board of Zoning Appeals
_____________________________________________ _____________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on back;
Petitioner or representative to sign.
Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
17040004V - No Parking Lot Interior Plantings
Docket No.: _______________________________________________
Petitioner: _______________________________________________ The Lucas Living Trust
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
the area affected by this Variance is interior to the site and is not injurious to the
_____________________________________________________________________________________
community. There is significant landscaping on site surrounding the parking areas and a
_____________________________________________________________________________________
_____________________________________________________________________________________
6' tall wooden privacy fence is proposed on the southern property line for additional screening.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
the grant of this Variance will allow the existing parking areas related to the Special Events
_____________________________________________________________________________________
Venue to continue in a manner which they have do so for a number of years and which
_____________________________________________________________________________________
have proven not to substantially adversely affect adjacent areas.
_____________________________________________________________________________________
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties
in the use of the property because:
the existing parking areas, which were not installed by the current owner, would require
_____________________________________________________________________________________
reconstruction to add interior landscaping to the parking areas.
_____________________________________________________________________________________
_____________________________________________________________________________________
DECISION
It is therefore the decision of the Carmel 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 __________________________________, 20 _______.
_____________________________________________ _____________________________________________
CHAIRPERSON, Carmel Board of Zoning Appeals
_____________________________________________ _____________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on back;
Petitioner or representative to sign.
Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
17040005V - Reduced Perimeter Bufferyard Widths
Docket No.: _______________________________________________
Petitioner: _______________________________________________ The Lucas Living Trust
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
the area affected by this Variance affects side and rear yards of the subject property and
_____________________________________________________________________________________
_____________________________________________________________________________________ adjacent properties, all of which are either heavily landscaped or proposed to receive a
_____________________________________________________________________________________ 6' tall wooden fence for additional buffering.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
_____________________________________________________________________________________ the areas requiring the bufferyards are either heavily landscaped or proposed to receive a
_____________________________________________________________________________________
6' tall wooden fence providing additional buffering.
_____________________________________________________________________________________
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties
in the use of the property because:
existing parking areas, which were not installed by the current owner, would be required
_____________________________________________________________________________________
_____________________________________________________________________________________
to be relocated and constructed to allow for the required bufferyard widths.
_____________________________________________________________________________________
DECISION
It is therefore the decision of the Carmel 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 __________________________________, 20 _______.
_____________________________________________ _____________________________________________
CHAIRPERSON, Carmel Board of Zoning Appeals
_____________________________________________ _____________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on back;
Petitioner or representative to sign.
Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
CARMEL BOARD OF ZONING APPEALS
BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE
Docket No.: __________________________________________________________
17040002 UV - Special Events Venue
The Lucas Living Trust
Petitioner: __________________________________________________________
1.____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
2.____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
3.____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
4.____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
5.____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
DATED THIS __________ DAY OF ______________________, 20 ____.
________________________________________________
Board Member
Page 10 – filename: use variance application 2017 rev. 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
17040003 V - No Parking Lot Curbing
Docket No.: ______________________________________________
Petitioner: ______________________________________________ The Lucas Living Trust
1.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
2.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
3. _________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
DATED THIS ________________ DAY OF ______________________________________, 20 ___________.
______________________________________________
Board Member
Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
17040004 V - No Parking Lot Interior Plantings
Docket No.: ______________________________________________
Petitioner: ______________________________________________ The Lucas Living Trust
1.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
2.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
3. _________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
DATED THIS ________________ DAY OF ______________________________________, 20 ___________.
______________________________________________
Board Member
Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
17040005 V - Reduced Perimeter Bufferyard Widths
Docket No.: ______________________________________________
Petitioner: ______________________________________________ The Lucas Living Trust
1.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
2.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
3. _________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
DATED THIS ________________ DAY OF ______________________________________, 20 ___________.
______________________________________________
Board Member
Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016