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HomeMy WebLinkAboutApplication CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL REOUEST DOCKET NO. J v4- S 1 - Ci l DATE RECEIVED: 1) Applicant: Herman D. and Judith R. Sierzputowski Address : 921 N. Rangeline Road, Carmel, IN 46032 2 ) Project Name: H & J Lawn and Garden Equipment, Sales and Service Engineer: Paul I . Cripe (Darrell A. Edwards) PHONE: 842-6777 Attorney: James J. Nelson PHONE: 844-0106 PARCEL I 3 ) Applicant's Status : (Check the appropriate response) X (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: Herman D. and Judith R. Sierzputowski Owner's Address: 921 N. Rangeline Road, Carmel PHONE: 844-6812 5) Record of Ownership: Deed Book No. /Instrument No. Instrument No. 9000455 Page: N/A Purchase Date: December 21, 1989 6 ) Common address of the property involved:0 Legal description: See Exhibit "A" Tax Map Parcel No. : 09-24-00-00-023 . 001 kh-,51 Sac 7ao /✓ f.cc PARCEL II 7 ) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property. (b) The applicant is the contract purchaser of the property. X (c) Other: The applicant has obtained the written permission of the owner to perform the excavation work. 8) If Item ( 3) (c) is checked, please complete the following: Owner of the property involved: Mary B. Smith Owner's Address: 850 N. Rangeline Road, Carmel PHONE: 846-2091 9) Record of Ownership: Deed Book No. /Instrument No. Deed Book No. 129 Page: 352 Purchase Date: November 8, 1943 10) Common address of the property involved: Legal description: See Exhibit "A-1" Tax Map Parcel No. : 09-24-00-00-026 . 000 11) State explanation of requested Special Use: See Exhibit "B" 12 ) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact" ) : See Exhibit "C" 13) Present zoning of the classification (give exact classification) : B-2 Business District - Parcel 1 and Parcel 2 14) Present use of the property: Undeveloped real estate. 15) Describe the proposed use of the property: Lawn and garden ectuipment, service and sales - Parcel 1 Undeveloped real estate - Parcel 2 16 ) Is the property: Owner occupied X (Parcel 1 and Parcel 2 ) Renter occupied Other 2 17) 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. No. 18) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: No Building Permit required to excavate or fill . Parcel 1 - IDNR G-13, 169 Parcel 2 - G-13, 170 19 ) If proposed appeal is granted, when will the work commence? Immediately following grant of Special Use by Carmel Board of Zoning Appeals . 20) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? (A) The applicant and the corporation owned by applicant and known as H & J Lawn and Garden Equipment, Sales and Service, Inc . (B) The owner of Parcel 2 . NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY thirty ( 30) days prior to the public hearing date and should be published in the next available publication date of the Carmel News Tribune. The certified "Proof of Publication" affidavit for both newspapers 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 thirty ( 30) 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 thirty ( 30) 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. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST THIRTY ( 30) DAYS PRIOR TO PUBLIC HEARING DATE. 3 The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Development. The applicant certifies by signing this application the he/she has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. I, Polly Pearce, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No. OWNER ADDRESS See Exhibit "D" See Exhibit "D-1" for Certification Auditor of Hamilton County, Indiana 4 AFFIDAVIT I, hereby swear that I am the attorney for the owner of Parcel 1 and the Applicant 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 . Date: August 5, 1991 Signed: (Pr erty er, or P perty Owner's Attorney) James J. Nelson Attorney for Applicant STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared James J. Nelson, attorney for applicant and acknowledged the execution of the foregoing instrument this 5th day of August, 1991 . Dtha— - Nopary Public M ommi sion Ex fires y P ` beret S 10-i-%rr((1.6r Residing in / p riDV) County Printed Name 5 AFFIDAVIT I, hereby swear that I am the owner of Parcel 2 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, authorized the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Date: U ' l Signed i r Mary B. Smith Printed Name STATE OF INDIANA SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Mary B. Smith, who acknowledged the execution of the foregoing instrument this U+ - day of August, 1991. kitA),AW,L , , Notary Public My Commission Expires: (, Li 4, lei<13 Dctorsc K . 13owmti.►-) Residing in 1.4rtoli I k'r1 County Printed Name 6 EXHIBIT "A" PARCEL I : A part of the East Half of the Southeast Quarter of Section 24 , Township 18 North, Range 3 East, in Clay Township, Hamilton County, Indiana, described as follows : Beginning on the East line of the Southeast Quarter of Section 24 , Township 18 North, Range 3 East 898 . 75 feet North 00 degrees 00 minutes 00 seconds (assumed bearing) from the Southeast corner of said Southeast Quarter; thence South 88 degrees 42 minutes 50 seconds West parallel with the South line of said Southeast Quarter 758 . 70 feet to an iron pipe found; thence North 00 degrees 34 minutes 19 seconds East 143 . 75 feet to an iron pin set; thence North 88 degrees 42 minutes 50 seconds East parallel with said South line 757 . 27 feet to the East line of said Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds on said East line 143 . 71 feet to the place of beginning. EXHIBIT "A-1" PARCEL II: A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, State of Indiana described as follows: Begin at a point 330 . 25 feet North of the Southeast corner of said section. Run thence West parallel with the south line of said Section 853 feet to the east right-of-way of Monon R. R. Thence northwesterly on a curve along said right-of-way 620 feet. Thence east parallel with south line of said tract 1099 . 1 feet to the east line of said section. Thence south on said east line 568 .5 feet to the place of beginning. Except: Begin 330 . 25 feet north and 137 .2 feet west of the S.E. corner of said section, run thence Northeasterly on a curve 331 feet to a point on the east line of said section, said point being 556 . 95 feet north of the S.E. corner of said section. Thence north on said east line 76 feet. Thence southwesterly on a curve 332 feet, thence east 75 . 8 feet to place of beginning. Said tract being the Indiana R. R. right-of-way, leaving 12 acres in the first said tract. Except also the following: Begin at a point 330 . 25 feet North of the Southeast corner of Section 24 , Township 18 North, Range 3 East, run thence west parallel with the South line of said Section, 853 . 0 feet to the East right of way of the Monon R. R. , thence northwesterly on a curve along said Right of way, 263 .5 feet to an iron stake, thence east parallel with the south line of this tract 280 . 0 feet to an iron stake; thence South parallel with the East line of said Southeast Quarter 200 . 0 feet to an iron stake, thence east parallel with the South line of this tract, 653 . 0 feet to a point at intersection with the said East line, thence South 50 . 0 feet to the place of beginning, containing 2 . 10 acres more or less, which tract was later deeded to Richard B. Smith and Janet C. Smith, husband and wife, on September 5, 1961 (recorded September 14, 1961 in Deed Record 170, page 183) , leaving 9 . 90 acres in the first said tract. Explanation of Requested Appeal The Applicant, Herman D. Sierzputowski and Judith R. Sierzputowski, the owners of the real estate described herein as Parcel 1 is requesting a special use pursuant to Section 22 . 3 . 1 ( 1) and 22 . 3 . 1 (7 ) of the Zoning Ordinance of the City of Carmel, Indiana, to change the natural grade of Parcel 1 and Parcel 2 through fill and excavation and to improve the channel of the existing creek. Exhibit "B" ., CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: Petitioner: Herman D. and Judith R. Sierzputowski FINDINGS OF FACT- SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does) (41114 )) apply and all prerequisites have been met by Petitioner as verified by: The permits granted by IDNR — G-13 , 169 and G-13 , 170 . 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because: The requested Special Use is to permit excavation and fill and such work does not change the Permitted Land Use of the zoning district or the recommended Land Use under the Comprehensive Plan. 3. The Special Use is physically suitable for the land in question because: The requested Special Use is to permit excavation and fill and such work does not change the Permitted Land Use of the zoning district or the recommended Land Use under the Comprehensive Plan. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: The requested Special Use doe not involve adjacent land and will improve drainage in. the area. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,sewage,or storm drainage facilities,or police or fire protection because: The requested Special Use does not affect pedestrian traffic flow, does not require water, sewer, or police and fire services and protection and will improve storm water drainage . 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use,and does not find that those criteria prevent the granting of the Special Use: True. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use 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 23rd day of September , 19 91 . 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). M:\APP\SPECUSEI.APP REV.6-90 Exhibit "C" • SMITH FUNERAL HOME, INC. 900 N. RANGELINE ROAD CARMEL, IN 46032 RICHARD B SMITH --._ 840 NORTH RANGELINE ROAD CARMEL, IN 46032 NORTH UNION REALTY INC . TO HARRY ELLIOTT 620 A SOUTH RANGELINE ROAD CARMEL, IN 46032 C S X TRANSPORTATION INC % TAX DEPARTMENT " 500 WATER ST ROOM 1208 JACKSONVILLE, FL 32202 HUBER, GLENN H SR. & WF ALICE G TR. '4 13133 COSWAIN COURT HUDSON, FL 33567 RUNYON, STEVEN D. 16555 N. GRAY ROAD NOBLESVILLE, IN 46060 C .D.F . SERVICE CORP. TO: BUTLER WELCH TOYOTA 3232 HARPER ROAD INDIANAPOLIS, IN 46240 CEMETARY, CARMEL ASSOC. TO: RICHARD SMITH OF SMITH FUNERAL HOME 900 NORTH RANGELINE ROAD CARMEL, IN 46032 C .D. F . SERVICE CORP . TO: BUTLER WELCH TOYOTA 3232 HARPER ROAD INDIANAPOLIS, IN 46240 C.D.F. SERVICE CORP. TO: BUTLER WELCH TOYOTA 3232 HARPER ROAD INDIANAPOLIS, IN 46240 GARY A. RUNYON 861 NORTH RANGELINE ROAD CARMEL, IN 46032 CITY OF CARMEL ----I ONE CIVIC SQUARE CARMEL, IN 46032 Exhibit "D" I, Polly Pearce, Auditor of Hamilton County, Indiana, certify that the property owners contained in Exhibit A hereto are all of the adjoining and abutting property owners to the real estate which is the subject matter of Docket No. oily Pe c liP Auditor f Hamilton County • Exhibit "D-1"