HomeMy WebLinkAboutApplicationCITY OF CARMEL - BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FILING FEES: Single Family (Primary Residence) $333.00 for the first variance, plus $101.00 for each additional
section of the ordinance being varied. All Other $1,324.00 for the first variance, plus $625.00 for each
additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees.
DOCKET NO. DATE RECEIVED:
DOCKET NO. DATE RECEIVED:
1) Applicant: Imagine and Discover Inc., dba Rainbow Station
Address: c/o Steve Ramos, 10408 Olio Road, Fishers, IN 46040 Phone: 317-401-3800
2) Project Name: Rainbow Station - Carmel
3)
4)
Engineer: American Structurepoint, Inc., Attn: Gene Beiermann, P.E. Phone: 317-547-5580
Architect: Rottmann Colier Architects, Inc. Attn: Todd Rottmann Phone: 317-721-2724
Attorney: Nelson & Frankenberger, LLC, Attn: Jim Shinaver Phone: 317-844-0106
Contact Person: Jim Shinaver Phone: 317-844-0106
Email: jims@nf-law.com
Fax: 317-846-8782
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
(c) Other:
If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
5) Record of Ownership: Dean A. and Rhenda G. Graham
Deed book No./Instrument No.
Page: Purchase Date:
one:
6) Common address of the property involved: 14590 Cherry Tree Road, Carmel, IN 46033
Legal description: See attached
Tax Map Parcel ID No.: 17-10-22-00-00-007.009
7) State explanation of requested Development Standards Variance: See attached Exhibit "D"
Page 1 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact -Special Use"). See attached Exhibit "E"
9) Present zoning district classification of the propertv: S-1
10) Present use of the property: residence
11) Size of lot/parcel in question: 3.93 +/- acres
12) Describe the proposed use of the property:.
Kindergarten/Preschool and Private School
13) Is the property: Owner occupied X
14) Are there any restrictions laws covenants variances special uses or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes give date and
docket number, decision rendered and pertinent explanation.
15) Has work for which this application is being filed already started? NO If answer is yes, give
details: Building Permit Number:
Builder:
16) If proposed special use is granted, when will the work Commence? Upon receipt of all applicable approvals
17) If the proposed special use is granted who will operate and/or use the proposed improvement for which
this application has been filed? Imagine and Discover, Inc., dba Rainbow Station, and its successors and
assigns.
NOTE:
LEGAL NOTICE shall be published in the newspaper according to the Chart on gage 5 a MANDATORY
20 days prior to the public hearing date- The certified 'Proof of Publication" affidavit for the newspaper must be
available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice
are recommended:
1) FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white
receipt should be stamped by the Post Office at least 20 days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the 20 day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
Applicant Signature: See Ex. "B" and "C" Applicant and Owners Consents Date: 12/22/17
The applicant certifies by signing this application that he/she has been advised that all representations of the Department of
Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
Page 2 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
I, hereby swear that I am the owner/contract purchaser of property involved in this application 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 my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf
with regard to this application and subsequent hearings and testimony.
STATE OF INDIANA
SS:
Signature: See Applicant Consent attached as Exhibit "B" and Owner
Consent attached as Exhibit "C"
(Property Owner, Property Owner's Attorney or Power of Attorney)
Printed Name: See Applicant Consent attached as Exhibit "B" and Owner
Consent attached as Exhibit "C"
(Please Print)
The undersigned, having been duly sworn upon oath says that the above information is true and correct and he
is informed and believes.
County
for
(Petitioner Name)
Before me the undersigned, a Notary
Public (County in which notarization takes place)
appeared (Notary Public's county of residence)
County, State of Indiana, personally
and acknowledge the execution of the foregoing
instrument (Property Owner, Attorney, or Power of Attorney)
this day of
(day)
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ny commission expires: I
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(day)
(month)
20
(year)
Notary Public --Signature
Notary Public—Printed Name
(month) (year)
Notary Public --Signature
Notary Public—Printed name
My commission expires:
Filename: Development Standards Variance 2017 Revised 12/20/2016
EXHIBIT "A"
Contact Information
1. Owner and Parcel No.: 17-10-22-00-00-007.009
Dean A. and Rhenda G. Graham
14590 Cherry Tree Road
Carmel, IN 46033
2. Applicant: Imagine and Discover Inc. dba Rainbow Station
Steve Ramos
10408 Olio Road
Fishers, IN 46040
Phone: (317) 401-3800
Email: sramos@rainbowstationindy.org
3. Attorney/
Land Use Professional
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger, LLC
550 Congressional Blvd., Suite 210
Carmel, IN 46032
Phone: (317) 844-0106
Fax: (317) 846-8782
Email: jims@nf-law.com
Email: jon@nf-law.com
4. Engineer: American Structurepoint, Inc.
Gene Beiermann, P.E.
7260 Shadeland Station
Indianapolis, IN 46256
Phone: (317) 547-5580
E-mail: gbeiermann@structurepoint.com
5. Architect: Rottmann Collier Architects, Inc.
c/o Todd W. Rottmann, AIA
155 East Market Street, Suite 200
Indianapolis, IN 46204
Phone: (317) 721-2724
E-mail: todd@rottmanncollier.com
EXHIBIT "B"
APPLICANT CONSENT TO AND JOINDER IN APPLICATIONS
The undersigned, Imagine and Discover, Inc. dba as Rainbow Station ("Rainbow Station'), and its
successors and assigns, is the Applicant as it relates to the parcel of real estate that is identified per the records
of the Hamilton County, Indiana Auditor's Office as tax parcel number 17-10-22-00-00-007.009 ("Real
Estate"), and it hereby consents to and joins in the filing of an application with the City of Cannel for special
use approval pertaining to the Real Estate (the "Application'). In addition, if the undersigned determines that
other approvals may be required or deemed necessary (collectively the "Other Approvals"), the foregoing
Consent and Joinder in Application shall apply to the Application and for any Other Approvals sought by
Rainbow Station pertaining to the development of the Real Estate. Rainbow Station also authorizes its
employees, engineers, land planners, attorneys, attorneys' employees and agents, as follows:
1.
tj
STATE OF
To file with respect to the Real Estate the Application with the Board of Zoning Appeals of the
City of Carmel;
To pursue the approval of the Application and Other Approvals before the Board of Zoning
Appeals and any other bodies or agencies, as such may be required; and,
Imagine and Discover,
Lo
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Title! ,
Date: 12-1
COUNTY OF P ,,►z •
SS:
Station
Before me the undersigned, a Notary Publiic Z and for said County and State, personally appeared
(name), as Yom; (title) on behalf of Imagine
and Discover, Inc. dba Rainbow Station, as the Applicant, and acknowledged the execution of the foregoing
Applicant Consent To and Joinder in Application.
WITNESS my hand and Notarial Seal this �lv
My Commission Expires:
County of Residence:
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day of 6"e-ev , � r 20
Not is
Printed NarM
COREY ALAN JOHNSON
Notary Public- Seal
State of Indiana
My Commission Expires Apr 7, 7.019
EXHIBIT "C"
OWNERS CONSENT TO AND JOINDER IN APPLICATIONS
The undersigned persons are the owners (collectively referred to as the "Owner"), based on their
ownership of the parcel of real estate that is identified per the records of the Hamilton County, Indiana
Auditor's Office as tax parcel number 17-10-22-00-00-007.009 (the "Real Estate"). The Owner hereby
consents to and joins in the filing by Imagine and Discover, Inc. dba as Rainbow Station (the "Applicant"), and
its successors and assigns, of a special use application with the City of Carmel regarding the Real Estate owned
by the Owner (the "Application"). In addition to the Owner consenting to and joining in the Application,
pursuant to this "Owner Consent and Joinder in Applications", if the Applicant determines that other approvals
may be required or deemed necessary by the Applicant to develop the Real Estate for its intended use
(collectively the "Other Approvals"), the foregoing "Owner Consent and Joinder in Applications" shall apply to
the Application and also for any Other Approvals sought by the Applicant. The Owner also authorize the
Applicant, along with its employees, engineers, land planners, attorneys, attorney's employees and agents, as
follows:
1. To file with respect to the Real Estate the Application with the Board of Zoning Appeals of the
City of Carmel (the "BZA") and, if determined necessary by the Applicant, to file applications
seeking Other Approvals;
2. To pursue the approval of the Application and Other Approvals before the BZA and any other
bodies or agencies, as such may be required; and,
3. To act on behalf of the Owner with regard to the Application and Other Approvals in hearings
and testimony incident thereto.
"Owner"
. E
By:
v
Name: Dean A. Grahaii
Date: ) 2
STATE OFLi
COUNTY OF & 1 M - _p ,1;+
"Owner"
Name: Rhenda G. Graham
Date: /?- / i r, / 7,02 7
SS:
Before me the undersigned, a Notary Public, in and for said County and State, personally appeared Dean
A. Graham and Rhenda G. Graham, as an Owners of the Real Estate, and acknowledged the execution of the
foregoing Owner Consent and Joinder in Applications.
WITNESS my hand and Notarial Seal this » �A day of ,)I ,., _ �,� ,� , 2017.
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Notary Public
My Commission Expires: sEAL
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County of Residence: "� :' s My Comm. Expires Julys; 2oz
EXHIBIT "D"
EXPLANATION OF DEVELOPMENT STANDARDS VARIANCE REQUEST
The subject site is approximately 3.93 acres is size, has a common address of 14590 Cherry Tree
Road, Carmel, IN 46033 and is located south of and adjacent to 146'x' Street and east of and adjacent to Cherry
Tree Road (the "Real Estate"). The Real Estate is zoned S-1.
The applicant, Imagine and Discover, Inc., dba Rainbow Station ("Rainbow Station") is a
kindergarten/preschool and private school and, in conjunction with seeking a Development Standards Variance
Request described below, is also seeking Special Use approval pursuant to Chapter 5.02 (B) of the City of
Carmel's Zoning Ordinance to operate its facility on the Real Estate.
Regarding the Development Standards Variance Request, the current S-1 zoning classification of the
Real Estate, pursuant to Chapter 5.04.03(F) permits a maximum lot coverage of 35%. In order for Rainbow
Station to develop the site for its intended use, is seeking a variance to permit the maximum parcel coverage to
be 39%.
E.. D - Explanation DSV , q—r 12.22.17
EXHIBIT "E"
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE REQUEST
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: : Maximum Parcel Coverage
Petitioner: Imagine and Discover, Inc., dba Rainbow Station
FINDINGS OF FACT
The approval of the requested variances will not be injurious to the public health, safety, morals and general
welfare of the community because:
The approval of the requested variance will not be injurious to the public health safety, morals andeg_neral
welfare of the community because the associated drainage plan for the proposed use is required to be
reviewed and approved by the City of Carmel's Engineering Department and other relevant TAC agencies.
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 use and value of the area adjacent to the real estate that is the subject of the requested variances will not
be affected in a substantially adverse manner because approval of the requested variance for an increase to
the allowable maximum parcel coverage will have no impact on the adjacent uses or values of property
adiacent to the Real Estate. Further, the associated drainage plan for the proposed use is required to be
reviewed and approved by the City of Carmel's Engineering Department and other relevant TAC agencies.
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:
Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site
because absent approval of the requested variance, the applicant will not be able to design a facilites
associated parking areas that appropriately serve the needs of the site. The applicant is only seeking the
minimum amount of additional parcel coverage needed in order to accommodate the proposed site plan
parking areas and facility.
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 meeting, which are
incorporated herein by reference and made a part hereof.
Adopted this 26`h day of February, 2018.
President, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
CARMEL ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
Docket No.:
Petitioner: Imagine and Discover, Inc., dba Rainbow Station — Maximum Parcel Coverage Variance
1.
2.
3.
DATED THIS 261h DAY OF FEBRUARY, 2018.
Board Member
Page 4 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
Docket No.:
Petitioner: Imagine and Discover, Inc., dba Rainbow Station — Maximum Parcel Coverage Variance
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
See Exhibit "E"
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:
See Exhibit "E"
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:
See Exhibit "E"
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 26TH day of November, 2017.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on back;
Pe titioner or representative to
sign.
Page 5 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016