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HomeMy WebLinkAboutApplication DSV CITY OF CARMEL -CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus$50.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: ilif 1L DOCD 1) Applicant Carmel Clay Public Library Address: 515 East Main Street, Carmel, Indiana 46032 2) ProjectName: Carmel Clay Public Library Phone: (317) 844-3361 Meyer Scherer & Rockcastle, Ltd. (612) 375-0336 Engineer/Architect Browning Day Mullins & Dierdorf, Inc. Phone: (317) 635-5030 William E. Wendling, 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 being acquired pursuant to the Library's power c Other:of condemnation and willbePtit�eed toltheLibrary, then conveyeda ( ) biii,uug corrorati titl d• Clay Y g 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 Library and transfers are sPlgaul o io s be T Pg ePr entt nrx w u c.as ethe Owner'saddress: see the attached for the owners addresses Phone: and phone numbers. 5) Record of Ownership: Deed Book No./lnstrument 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 Developmental Standards 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 request). Please see the attached. Page 1 of 3--Developmental Standards Variance Apolicanon 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). please see attached 9) Present zoning of the property (give exact classification): 10) Size of lot/parcel in question: 7.701 acres Vacant—Another w party has a small apartment complex 11) Present use of the property: wnicn il be emis e . 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 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 variance 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 it will be 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. 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 twenty-five (25) days prior to the public hearing date.) Rape 2 of 8—Develoomental Standards Variance Aoolication 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-five (25) 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 TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. 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. , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS see attached Auditor of Hamilton County, Indiana—Signature Date Page 3 of 8—Developmental Standards Variance Application 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: A) (Property Owner,Attorney, or Powerpf orn: ) Date 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 19g7 Notary Public—Signature , (SEAL) pr' Michelle L. Hibk,ins v�� Notary Public—Please Print SEAL n LCIHLLL E IIICCIU -) 1- de,0 1R common mat IIn/64y commission expires: IAA IT COUNTY IF MOIRE If:L>DL!'Il ?age 4 of 8—Deve opmental Stanaaids Vanance Application • NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY 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 Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Developmental Standards Variance application to: (1) Developmental Standards Variance to exceed height requirements in (explain your request-see question numbered seven (7)) an R-2 Residential District from 25 feet to 50 feet (8.4. 1) and (26. 1. 1) ; (2) Developmental Standards Variance to allow a parking lot on property, not located on the same lot with the building served (27.2. 1) , and (3) Developmental Standards Variance requesting relief from the requirement that parking spaces be located on an area within 300 feet of the building (27.2.2) . 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. , Attorneys for PETITIONERS CAMPBELL KYLE PROFFITT 7710-'1 'r 71111311 ATTORNEYS AT LAW blINW, 3 d':` IW22WI T3 650 East Carmel Drive 1111111U Suite 400 Carmel, Indiana 46032 Page 5 of 8—Developmental Stanaards Variance Application PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY BOARD OF ZONING APPEALS I (WE) William E. Wendling, Jr. DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEL/CLAY 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 s that the a ve infor .on is true and correct and he is informed and believes. gnature of Petitioner County of Hamilton Bef re me the undersigned, a Notary Public (County in which notarization takes place) for Hamilton County, of Indiana, personally ap peared (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 • Notary Public—Signaturek/ � • .0t•EAL) ,2 Michelle L. Higgins SEAL Notary Public—Please Print Imo„ YT COD"TY or UZIBFJCE IS: P commission expires: 9/27/2000 Paged of d--Deveiopmentai Standards Vanance Appucauon CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : Petitioner: Carmel Clay Public Library FINDINGS OF FACT-DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF , 199 Board Member Lanni i-k Page 7 of 8-Developmental Standards Variance Application (DISTANCE) CARMEL/CLAY BOARD OF ZONING APPEALS Carmel,Indiana Docket No.: Petitioner: Carmel Clay Public Library FINDINGS OF FACT-DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health,safety,morals and general welfare of the community because: Permitting the Library to have parking spaces located further than 300 feet from the building permits accessibility to the facility for those patrons who walk to the Library and to those that arrive by motor vehicle. Therefore,approval of this Variance will not be injurious to the public's health,safety,morals or general welfare of the community. 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: Allowing parking spaces further than 300 feet from the building enables the patrons of the Cannel Clay Public Library easy access to the facility. Thus,the use and value of the area adjacent to the property will not be affected in a substantially adverse manner. 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: Without the ability to allow patrons of the Library to have proper access to the Library,the Library's abilities to service the community are limited. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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 , 199 . 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). Page 10 of 10-Developmental Standards Variance Application 4 Attachment to the Carmel Clay Public Library's Application for a Developmental Standards Variance 2. 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 Carmel Drive Carmel, IN 46033 Carmel, IN 46032 (317) 846-0861 (317) 846-0112 Marilyn Thomas Carmel 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. 7. (1) Developmental Standards Variance to exceed height requirements in an R-2 Residential District from 25 feet to 50 feet (8.4.1) and(26.1.1). (2) Developmental Standards Variance to allow a parking lot on property, not located on the same lot with the building served. (27.2.1). (3) Developmental Standards Variance requesting relief from the requirement that parking spaces be located on an area within 300 feet of the building (27.2.2). Attachment to the Carmel Clay Public Library's Application for a Developmental Standards Variance 8. a. Due to the design of the proposed building, it will exceed the maximum height permissible for a building located in an R-2 zoning classification. The maximum height allowed is 35 feet(26.1.1). The proposed building will be no more than 50 feet in height, and that height is only applicable to certain architectural aspects of the building. The actual roof top height is approximately 37 feet. The Cannel High School,which is across the street from this project, is, for the most part, higher than the proposed building. Thus,the Library's height will not be out of character for this area. In addition,the cost of constructing a single story structure of a size capable of handling the needs of the Cannel Clay Public Library through the year 2020 would be cost prohibitive. b. The location of 4th Street, which goes through the Library's property, negates the possibility of allowing all of the building's parking to be located on the same lot as the Library building. c. Due to the need to accommodate the public's use of the Library and its accessibility, it is necessary that certain portions of the parking spaces for the facility be located further than 300 feet from the building. This provides both accessibility to the building for those who will walk to the site, i.e., from the high school and elementary school, and for those that will arrive by motor vehicles. C:\W E W\LIBRARY\DE V ST V AR.ATT.276-4 I If11\ 1 1 J I ,uL. I . .+v _ - ---- 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. 14 Attachment to the Carmel Clay Public Library's Application for a Developmental Standards Variance List of Adjacent Property Owners: 1. Carmel 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 Carmel, IN 46032 9. Susan M. Murphy 110 Carmelview Drive Carmel, IN 46032 I 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 Carmel, IN 46032 13. Marshall O. & Iris E. Beilke 14 Albert Court Carmel, 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 Cannel, IN 46032 17. Ray D. & Stephanie G. McDonald 10 Albert Court Cannel, IN 46032 18. Charles B. & Lynn B. Farrington 130 East Carmelview Drive Carmel, IN 46032