HomeMy WebLinkAboutApplication DSVCARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION
FILING FEES: Single Family (Primary Residence) $350.00 for the first variance, plus $105.00 for each additional
section of the ordinance being varied. All Other $1,394.00 for the first variance, plus $657.00 for each
additional section of the ordinance being varied. (Or see Hearing Officer option & Fees.)
Office Use Only
DOCKET NO. DATE RECEIVED:
1) Applicant: Carmel Dads Club Inc; Clay Township of Hamilton County
Address: 5459 E Main Street, Carmel, IN
2) Project Name: Badger Fieldhouse Phone:
Engineer/Architect: Fanning Howey Phone: 317.694.1142
Attorney: Kroger Gardis & Regas Phone: 317.692.9000
Contact Person: Ted W Nolting Phone: 317.692.9000
Email: twn@kgrlaw.com
3) Applicant's Status: (Check the appropriate response)
a(a) The applicant's name is on the deed to the property ❑� (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:
Owner's address: Phone:
5) Record of Ownership: Deed Book No./Instrument No. Book 350/Parcel #1985009891
Page: 93 Purchase date: 7/17/1985
6) Common address of the property involved: 5459 E. Main Street, Carmel, IN
Legal Description: See Exhibit "A"
Tax Parcel ID No.:16-10-28-00-00-044.000
7) Explanation of requested Development Standards Variance: (State what you want to do and cite the
section number(s) of the Unified Development Ordinance that applies and/or creates the need for this
request.)
See Exhibit "B"
8) Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance").
See Exhibit "C"
Page 1 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
9) Zoning district classification of property: S-1
9a) Overlay Zone of property (if applicable):
10) Size of Iottparcel in question: 9.41/36.03 acres/sq.ft.
11)
12)
Present use of property: Recreational fields
Describe proposed use of property: private indoor recreational facility
13) Is the property: Owner occupied I —V(] Renter occupied n Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and
docket number, instrument no., decision rendered and pertinent explanation.
Petitioners are concurrently filing a special use application for a private indoor recreational facility
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
September 2019
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Clay Township will own the 9.41 acre parcel and improvements and lease to Carmel Dads Club Inc
NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 5
MANDATORY 20 days prior to the public hearing date. The certified "Proof of Publication" affidavit for the
newspaper must be available for inspection by 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), OR
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the 20 day prior notice should be kept for verification that the notice was
completed)
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see page 8.
THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The applicant understands that docket numbers will not be assicned until all supporting information has been
submitted to the Department of Community Services. c
Applicant Signature: ��X -/ vy Date:
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 Unified Development Ordinance and/or the legal advice of his/her attorney.
Page 2 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
AFFIDAVIT
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:
Signed Name: 1 "✓` �, — I
(Property Owner, Attorn y, or Power of Attorney)
Printed Name: ( ED /`/ 0 LT/,(J
County of /` A4Z ( C, N Before me the undersigned, a Notary Public
(County in which notarization takes place)
for AAA A(0N
(Notary Public's county of residence)
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney) q
this — II day of U " -e , 20 1
ANDREA KECK
Seal
(SE4ALafy Public • State of Indiana
Marlon County
My Commission Expires Nov 30, 2023
Notary Public--Signatur
Notary Public —Printed Name
My commission expires:
Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
Exhibit A
Legal Description of 39.156 Acre Parcel
A part of the Southeast Quarter of Section 28, Township 18 North, Range 4 East, Hamilton County,
Indiana, more particularly described as follows: Beginning at the northwest corner of said quarter
section; thence North 90 degrees 00 minutes 00 seconds East (assumed basis of bearings)661.63 feet
along the north line of said quarter section; thence South 1 degree 59 minutes 40 seconds West 275.00
feet; thence South 88 degrees 25 minutes 13 seconds East 138.34 feet; thence South O degree 16
minutes 38 seconds East 1,929.76 feet; thence South 90 degrees 00 minutes 00 seconds West 789.00
feet to the west line of said quarter section; thence North O degree 16 minutes 38 seconds West
2,208.41 feet along said west line to the point of beginning, containing 39.156 acres more or less.
Legal Description of 9.41 Acre Parcel
A part of the Southeast Quarter of Section 28, Township 18 North, Range 4 East, Hamilton County,
Indiana, more particularly described as follows: Commencing at the northwest corner of said quarter
section; thence South 00 degrees 20 minutes 10 seconds East (assumed basis of bearings) 1,115.21 feet
along the west line of said quarter section to the Point of Beginning; thence North 89 degrees 52
minutes 26 seconds East 773.43 feet; thence South 00 degrees 06 minutes 19 seconds East 530.07 feet;
thence South 89 degrees 46 minutes 55 seconds West 771.29 feet to the west line of said quarter
section; thence North O degree 20 minutes 10 seconds West 531.30 feet along said west line to the
point of beginning, containing 9.41 acres more or less.
Exhibit B
Requested Variances
1. Variance of Height Standards – UDO 2.04
a. The Project includes a principal building that is 45’ -6 1/2“ at the center of the building elevation
and 49’-10 ½” at the peak. CDC/Clay Township is requesting a variance from the maximum building
height under UDO 2.04.
b. The Project includes a championship soccer field north of the principal building that will be
surrounded by six (6) utility (light) poles, each that will be over 18’ in height. CDC/Clay Township is
requesting a variance from the maximum building height under UDO 2.04.
2. Variance of Maximum Lot Coverage—UDO 2.04
The Project includes a fieldhouse with a footprint of approximately 152,240 square feet. The Project also
includes a parking lot with a footprint of approximately 55,000 square feet and 115 parking spaces.
Total impervious area will be approximately 6.02 acres of the 9.41 lot total. CDC/Clay Township is
requesting a variance from the maximum lot coverage of 35% under UDO 2.04
3. Variance of Lot Frontage—UDO 2.04
The Project is located on a lot of approximately 9.41 acres, which will not contain lot frontage on an
existing street. CDC/Clay Township is requesting a variance from the requirement of lot frontage under
UDO 2.04. The 4 acre parcel will have access to Main Street via a driveway easement granted by CDC on
the east side of the northern parcel.
4. Variance for Yard Setbacks—UDO 2.04
The Project will have an east side yard setback of approximately 11’ and a west side yard setback of 20’.
CDC/Clay Township is requesting a variance from the minimum side yard setback and the minimum
aggregate of side yards under UDO 2.04.
5. Variance for Yard Standards—UDO 5.78
The Project contains a retention pond to the west of the principal building, with a side yard setback of
20’ from the west side of the pond. The Project contains a parking lot to the east of the principal
building, with a side yard setback of 11’. CDC/Clay Township is requesting a variance from the yard
standard variances under UDO 5.78.
6. Variance for East-facing Sign- UDO 5.39
The proposed building will have a permanent sign affixed to the building, facing east. The UDO allows for
signs only facing the right-of-way. Accordingly, CDC/Clay Township is requesting a variance from the
requirement under UDO 5.39.H that signs face the right-of-way.
7. Variance for Number of Signs- UDO 5.39
The proposed building will have two permanent signs affixed, one facing east, and one facing north.
CDC/Clay Township is requesting a variance of the limitation of one sign per Lot under UDO 5.39.H.
8. Lighting Variance- UDO 5.02.B
The proposed soccer field north of the site will contain six utility lights. The illumination will cause
Illumination at or beyond the Lot Line in excess of 0.1 Foot-candle of light. Accordingly, CDC/Clay
Township is requesting a variance from UDO 5.02.B.4 regarding lighting.
Exhibit "C"
Reasons Supporting Variance Application
Carmel Dads Club Inc (“CDC”) is the current owner of an approximate 36 acre lot located at 459 E. Main
St., Carmel, IN. Clay Township of Hamilton County, IN (the “Township”) and CDC have entered into a
purchase agreement to transfer approximately 9.41 acres on the southern portion of the parcel to the
Township in order to construct a private indoor recreational facility and championship outdoor soccer
field for the benefit of the youth of Carmel. CDC will subsequently lease the building and improvements
from the Township. The variances requested herein should be granted for the following reasons:
1. The approval of the variances will not be injurious to the public health, safety, morals and
general welfare of the community because the community is directly benefited from increased
recreational opportunities for its youth.
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:
a. A buffer of approximately 434’ exists on the south side of the property, the majority of
which is heavily wooded. The improvements will be unable to be viewed from the property
owners to the south.
b. Landscaping will be installed on the north side of the CDC parcel to limit the view of the
improvements from Main Street.
c. The property to the west is owned by the Carmel Clay School District and the property is
utilized for similar recreational activities and will not be affected by the improvements.
d. The property to the east is owned by Northwood Church and the use and value of the land
will not be affected by the improvements.
e. A buffer of approximately 1,234’ exists on the north side of the facility being constructed to
Main Street.
f. The Project design will minimize any drainage issues resulting from the improvements and
variances.
3. The strict application of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because Clay Township will be unable to construct
a needed indoor facility, as well as a championship soccer field, on a parcel currently being
utilized for similar purposes without the variances granted herein.