HomeMy WebLinkAboutApplication UV •
CITY OF CARMEL/CLAY TOWNSHIP
HAMILTON COUNTY.INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION •
USE VARIANCE
FEE: $750.00
DOCKET NO. DATE RECEIVED:
1) Applicant: Carmel Clay Public Library
Address: 515 East Main Street, Carmel, In 46032
2) Project Name: Carmel Clay Public Library Phone: (317) 844-3361
Meyer Scherer & Rockcastle, Ltd. (612) 375-0336
Engineer/ArchitectBrowning Day Mullins & Dierdorf, InVtone: (317) 635-5030
William E. Wendlingg Jr. & Deborah L. Farmer
Attorney: CAMPBELL KYLE PROFFITT Phone: (317) 846-6514
3) 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
All property is presently bein acquired pursuant to the Library's powe
of condemnation and will be titled to the Librar then conveyed to a
X (C) Other building corporation entitled Carmel Clay Public'Library Building
Corporation , and then leased to the Carmel Clay Public Library.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Meid Compton, James Dugan, Marilyn Thomas &
Carmel Clay Schools. These ropperties are bein purchased b
the Library and transfers re sccheduled hoorbee, completed in the next few
Owner's address:weeks. ease see a attache or
owners' addresses and phone numbers.
5) Record of Ownership:
Deed Book No./Instrument No. Pending - will close prior to hearing date, or in the
alternative, start condemnation process.
Page: Purchase date:
6) Common address of the property involved: Pending
Legal description: See attached
Tax Map Parcel No.: Not available - parcel will be exempt from property taxes
since it is a public entity.
7) State explanation of requested Use 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 appeal).
Presently, the Carmel Clay Zoning regulations do not directly address the
development of a public library. Consequently, the Director of the Department
of Community Services has requested that the Carmel Clay Public Library seek a
Use Variance to develop the proposed new library in an R-2 Zoning classification.
It should be noted that the present Carmel Clay Public Library is located
approximately 500 feet east of the proposed development site, and is also
presently located in an R-2 Zoning classification.
Page 1 of 8—Use Variance ApplicaDon
State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
The Board of Zoning Appeals should grant the Carmel Clay Public Library's request
for a Use Variance for the following reasons: (1) Although the proposed site is
located on land that is zoned R-2, the proposed development is located approximately
500 feet west of the existing Library. Thus, the use of the property for a library
is not foreign to the location, (2) In addition, the proposed site is located across
the street from the Carmel High School, and is adjacent to an elementary school, bot
of which rely on the close proximity of the Library for the convenience of the
students and staff of the Carmel School System, and (3) . . . (please see attached)
9) Present zoning of the property(give exact classification): R-2
Vacant. Another party has a small apartment
10) Present use of the property: complex which will be demolished.
11) Size of lot/parcel in question: 7.701 acres
12) Describe the proposed use of the property: The property will be used to
develop the Carmel Clay Public Library.
13) Is the property: Owner occupied
Renter occupied
The property will be owned by the Carmel Clay Public Library
X Other Building Corporation, and then leased to the Carmel Clay
Public Library.
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.
None that the applicant is aware of.
15) Has work for which this application is being filed already started? If answer is yes,give details: NO
Building Permit Number:
Builder:
16) If proposed appeal is granted,when will the work commence?
July 1997
17) If the proposed appeal is granted,who will operate and/or use the proposed improvement for which this
application has been filed?
The Carmel Clay Public Library Building Corporation, and then leased to the Carmel
Clay Public Library to be used as a public library.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty-five (25) days prior
to the public hearing date. The certified "Proof of Publication" affidavit for both newspapers must be available for
inspection the night of the hearing.
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.
Signed: n
roperty Owner,Attorney, or Po of ttomey
William E. Wendling, Jr.
(Please Print)
STATE OF INDIANA
SS:
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Hamilton County, State of Indiana, personally appeared
(Notary Public's county of residence)
William E. Wendling, Jr. and acknowledge the execution of the foregoing instrument this
(Property Owner,Attorney, or Power of Attorney)
12th day of March , 199 7
(1_,AWIn /
AJJ
Notary Public—Signature dr
(SEAL)
Michelle L. Higgins
11:111r
Notary Public—Please Print
COMM'Mill:N C/
iA141.• iRCI1smOTtiumD: '?'; •mmission expires: f 27/a�
Page 4 of 8—Use Vanance Applicabon
NOTICE OF PUBLIC HEARING BEFORE THE
CARMELJCLAY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 28th day of
April , 199 7 at 7:00 pm in the City Council Chambers,2nd
floor of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Use Variance
application to allow
the development of the Carmel Clay Public Library to
be located in an R-2 zoning classification
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally,will be given
an opportunity to be heard at the above-mentioned time and place.
William E. Wendling, Jr. , Attys for ,,r;`C
PETITIONERS `` ;
CAMPBELL KYLE PROFFITT 1113 .1 , 3Z
ATTORNEYS AT LAW mitt 10
118
650 East Carmel Drive II U• 11:47.40,1113�'11t1it3 r4 ,��`.
•
Suite 400
Carmel, Indiana 46032
•
Page 5 of 8—Use Variance Applicabon
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBUC HEARING
CARMEL/CLAY BOARD OF ZONING APPEALS
I (WE) William E. Wendling, Jr. DO HEREBY CERTIFY THAT NOTICE OF
PUBUC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number
,was registered and mailed at least twenty-five (25)days prior to the date of the public hearing to
the below listed adjacent property owners:
OWNER ADDRESS
see attached
STATE OF INDIANA
SS:
The undersigned, having been duly sworn upon o abo e infor rs u d correct and he
is informed and believes.
Signature of Petitioner
County of Hamilton Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Hamilton County, State of Indiana, personally appeared
(Notary Public's county of residence)
William E. Wendling, Jr. and acknowledge the execution of the foregoing instrument this
(Property Owner,Attorney, or Power of Attorney)
[� day of March 199 7
JAAULd \AA(
Notary Public—Signature
(SEAL)
Michelle L. Higgins
n MCuLLE L.IICCII= Notary Public—Please Print
v• IT comma niiltnnllaftear expires: 9/27/2000
' lArlQ- I T C10lTi IF mac:I&wan
Page 8 of 8—Use Variance Application
Attachment to the Carmel Clay Public Library's
Application for a Use Variance
3. Architects:
Meyer Scherer& Rockcastle, Ltd. Browning Day Mullins Dierdorf, Inc.
119 North Second Street 334 North Senate Avenue
Minneapolis, MN 55401-1420 Indianapolis, IN 46204
4. Property Owners' mailing addresses and phone numbers:
Meid Compton James Dugan
3304 East 146th Street 124 West Cannel Drive
Carmel, IN 46033 Carmel, IN 46032
(317) 846-0861 (317) 846-0112
Marilyn Thomas Cannel Clay Schools
80 Fourth Avenue, SE 5201 East 131 st Street
Carmel, IN 46032 Carmel, IN 46033
(317) 846-2134 (317) 844-9961
Property owners and addresses for each parcel:
Meid Compton- 251 East Main Street, Carmel, Indiana
James Dugan- 241 East Main Street, Carmel, Indiana
Carmel Clay Schools -No common address. 5.1 acres on the Southeast corner
of Main and 1st Avenue, SE
Marilyn Thomas -No common address.
All of this property is being acquired by the Library at the time this Application is being
filed. Purchase agreements have been reached with all of the property owners, with the
exception of Marilyn Thomas' property. Negotiations for Marilyn Thomas' property is
presently in progress.
8. (3) The property that is being acquired by the Cannel Clay Public Library
is sufficient to accommodate the public's need for such a facility through the year
2020.
C:\WEW\LIBRARY\USE VAR.ATT.2764
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LAND DESCRIPTION FOR THE PROPOSED
CARMEL/CLAY PUBLIC LIBRARY
Part of the East half of the Southwest quarter of Section 30, Township 18 North, Range
4 East, Hamilton County, Indiana, and more particularly described as follows:
Beginning at the Northwest corner of said Half Quarter Section; thence North 89
degrees 57 minutes 49 seconds East (assumed bearing) 350 feet along the North line
of said Half Quarter Section; thence South 00 degrees 12 minutes 17 minutes West
654.70 feet parallel to the West line of said Half Quarter Section; thence North 88
degrees 43 minutes 49 seconds West 654.70 feet; thence South 89 degrees 57
minutes 49 seconds West 104.30 feet to the West line of said Half Quarter Section;
thence North 00 degrees 12 minutes 17 seconds East 649.10 feet along said West line
to the Point of Beginning and containing 5.231 acres more or less.
Also part of the West half of the Southwest quarter of Section 30, township 18 North,
Range 4 East, Hamilton County, Indiana and more particularly described as follows:
Commencing at the Northeast corner of said Half Quarter Section; thence South 00
degrees 20 minutes 17 seconds West (assumed bearing) 30.00 feet along the East line
of said Half Quarter Section; thence North 89 degrees 53 minutes 40 seconds West
50.00 feet parallel to the North line of said Half Quarter Section to a point on the West
right-of-way line of Fourth Avenue Southeast also being the Point of Beginning; thence
South 00 degrees 20 minutes 17 seconds West 219.00 feet along said right-of-way line;
thence North 89 degrees 53 minutes 40 seconds West 24.00 feet; thence South 00
degrees 20 minutes 17 seconds West 15.00 feet; thence South 89 degrees 53 minutes
40 seconds East 24.00 feet to the West right-of-way of Fourth Avenue Southeast and
the Northeast corner of a tract of land described in deed book 233 page 231 as
recorded in the Office of the Hamilton County Recorder; thence South 00 degrees 20
minutes 17 seconds West 121.00 feet; thence North 89 degrees 53 minutes 40
seconds West 183.00 feet; thence South 00 degrees 20 minutes 17 seconds West
143.00 feet to the South line of said tract of land; thence North 89 degrees 53 minutes
40 seconds West 86.33 feet along said South line to the Southwest corner of said tract;
thence North 00 degrees 20 minutes 17 seconds East 498.00 feet along the West line
of said tract and the West line of the Northern Adjoiner to the South right-of-way line of
Main Street; thence South 89 degrees 53 minutes 40 seconds East 269.33 along said
right-of-way line to the Point of Beginning and containing 2.470 acres more or less.
Attachment to the Carmel Clay Public Library's
Application for a Use Variance
List of Adjacent Property Owners:
1. Cannel High School Building Corporation
5201 East 131 st Street
Carmel, IN 46033
2. Parklane Investors, LLC
102 Woodmont Blvd.
Nashville, TN 37205
3. Marilyn Thomas
80 Fourth Street, SE
Carmel, IN 46032
4. Leticia S. Ramirez
3667 Cordwood
Indianapolis, IN 46214
5. Robert K. & Shirley J. Pearson
12107 Castle Overlook
Carmel, IN 46033
6. Indiana Gas Company, Inc.
1630 North Meridian Street
Indianapolis, IN 46202
7. James H. & Theresa M. Parks
140 Carmelview Drive
Carmel, IN 46032
8. Robin E. &Nancy J. Gerstung
120 Carmelview Drive
Cannel, IN 46032
9. Susan M. Murpby
110 Carmelview Drive
Cannel, IN 46032
List of Adjacent Property Owners, continued
10. The Clay Township School Metropolitan School
Fourth Avenue, SE
Carmel, IN 46032
11. Carmel Christian Church
463 East Main Street
Carmel, IN 46032
12. Kenneth& Cathy Sprague Kriech
19 Albert Court
Cannel, IN 46032
13. Marshall O. & Iris E. Beilke
14 Albert Court
Cannel, IN 46032
14. William R. & Drinda K. Fields
18 Albert Court
Carmel, IN 46032
15. Donald E. & Gerlinda Benbow
22 Albert Court
Carmel, IN 46032
16. Richard C. & Judith J. Pedigo
380 Carmelview Drive
Carmel, IN 46032
17. Ray D. & Stephanie G. McDonald
10 Albert Court
Carmel, IN 46032
18. Charles B. & Lynn B. Farrington
130 East Carmelview Drive
Carmel, IN 46032