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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.) DOCKET NO. 1) Applicant: Office Use Only DATE RECEIVED: Willow Haven Senior Homes, LLC Address: 1300 86th Street, 14-126, Indianapolis, IN 46240 2) Project Name: 3) 4) Willow Haven Phone: Engineer/Architect: Nathan Waggner - Cash Waggner & Assoc. Phone: Attorney: Matthew Griffith - Griffith Xidias Law Group Phone: Contact Person: Matthew Griffith/Chad Rollins Email: matt@indybizlaw.com 812-634-5015 317-663-0650 Phone: 317-663-0650 Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property W1 (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: Deed Book No./Instrument No. Inst. No 10/22/15 m Phone: 2015056614 Page: Purchase date: Common address of the property involved: 13145 West Road, Carmel, IN 46074 Legal Description: See attached Exhibit A Tax Parcel ID No.:17-09-30-00-00-009.000 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 attached 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 attached Exhibit C Page 1 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19 9) Zoning district classification of property: S1 9a) Overlay Zone of property (if applicable): n/a 10) Size of lot/parcel in question: 1.28 acres acres/sq.ft. 11) Present use of property: Residential Home 12) Describe proposed use of property: Memory Care Assisted Living 13) Is the property: Owner occupied Renter occupied 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. No 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: n/a - work has not started Builder: n/a 16) If proposed appeal is granted, when will the work commence? February 2020 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Willow Haven Senior Homes, LLC 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 assigned until all supporting information has been submitted to the De artment of-Swrinmunitv Services. o C Applicant Signature:I�IUI Date: / The ap�icant 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 testimo L Signed Name: )14xl .1/ (Prope Owner, A orn-eMt y, o ower of Attorney) Printed Name: �law �S Les STATE OF INDIANA SS: County of /I /)q /� t (-) J Before me the undersigned, a Notary Public (County in which notarization takes place) for �� r!S� 1 v County; State of Indiana, personally appeared (Notary Public's county of residence) LU AdL 1 JAMa J4 L125 and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) , this / C day of 6Cj IC..Lj 8Q& , 20�� Alicia Noland 'C�� k0(,_C` Notary Public - Seal Notary Public --Signature (SEA%tate of Indiana l - Madison County /1-1, IC i ,/I J� 0 i ,, /n My Commission Expires 04/10/2027 a to Iy,te !/VI J -Commission No. NP0719713 Notary Public —Printed Name My commission expires: Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19 CONSENT FORM CITY OF CARMEL, INDIANA The undersigned E-� Ji 4 Wlrs , being the owner of the property commonly known as 13145 West Road, Carmel, IN 46074, hereby authorizes Willow Haven Senior Homes, LLC and Griffith Xidias Law Group LLC to file land development petitions necessary for the aforementioned address. This consent shall remain in effect until these land development petitions are resolved. Signatu of Owner STATE OF INDIANA ) )SS: COUNTY OF �4 -, I�--!\, ) Subscribed and sworn to before me this "day of ,)g_j2!k, , �I� , 2019 Notary Public Printed'Name of Notary My Commission Expires: I'/, My County of Residence: _rlJlcc{�Sc� �aE6,T.ArQas STACEY NICOLE BURNS a.." ,k Notary Public, State of Indiana O Madison County Commission * 648773 My Commission Expires . r"a'ti'e August 19, 2021 EXHIBIT A Legal Description of Real Estate (13145 West Road, Carmel, Indiana 46074) Part of the East Half of the Northwest Quarter of Section 30, Township 18 North, Range 3 East, in Hamilton County, Indiana described as follows: Begin 455.15 feet North of the Southwest Corner of the East Half of the Northwest Quarter of Section 30, Township 18 North, Range 3 East; Thence North 155.15 feet on and along the West line of said East Half, thence East 360.00 feet parallel with the South line of said East Half to an iron stake; thence South 155.15 feet parallel with the West line of said East Half to an iron stake; thence West 360.00 feet parallel with the South line of said East Half to the place of beginning, containing 1.28 acres, more or less, in Hamilton County, Indiana. Exhibit B Requested Development Standards Variances Proposed Willow Haven S-1 Standards Commercial enior Homes Memory Care Use DO 5.19 Bufferyard Northern Boundary Side Bufferyard of 10' /A Minimum Side ufferyard of 30' Southern Boundary Side Bufferyard of 20' /A inimum Side rufferyard of 30' DO 2.04 -Lot idth 0 inimum Lot width of Minimum Lot width of /A pproximately 155' 120' for single-family welling/ Minimum Lot width of 200' for all ther uses DO 5.30 - Parking 6 spaces Vemory Care - 0.3 paces per long term are/memory support unit lus one space per mployee of the largest hift = 8 s aces Exhibit C Reasons Supporting Development Standards Variance Willow Haven Senior Homes Memory Care Home Willow Haven Senior Homes LLC ("Willow Haven") is proposing to construct a 12-unit memory care home (the "Memory Care Home") on approximately 1.28 acres of land at the property located at 13145 West Road, Carmel, Indiana 46074 (the "Property"). The Property is currently zoned S 1/Residence and is surrounded by residential homes to the North, East and South all currently zoned S-1 and West Road to the West. The Memory Care Home is designed to meet the growing needs of Carmel residents, who are living longer and requiring housing coupled with memory care assistance. This Memory Care Home is designed to follow a trend in the memory care and healthcare industries by moving away from traditional large institutional buildings and by creating a smaller, friendlier and more appealing "home" environment for its residents. The location of such memory care homes in or near residential areas enables family and friends to visit residents more frequently and to interact with residents in a more traditional "home" environment. The following are reasons supporting the variance of the Development Standards- 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community, because, given the aging of residents in the community, the community is need of and will benefit from a residential memory care facility designed to integrate into and be part 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: (a) the Memory Care Home has been designed to appear similar to nearby single-family homes, (b) the Memory Care Home will be surrounded by landscaping and buffers, thereby blocking the view of the Memory Care Home on all but the street side, (c) the Memory Care Home serves a similar purpose, namely residential housing, as surrounding properties and will appear from the street side to be a single-family home, (d) there currently exists an older residential structure on the property, which will be replaced by a better and more valuable residential structure, and (f) the Memory Care Home and surrounding gardens, landscaping and grounds have been designed to minimize any drainage issues resulting from the improvements and variances. 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because the community will be unable to construct a much needed memory care home for community residents, on a parcel currently being utilized for similar purposes, namely residential housing, without the variances being requested.