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HomeMy WebLinkAboutApplication UVCARMEL BOARD OF ZONING APPEALS USE VARIANCE APPLICATION Filing Fee: $1,829 plus $144 per acre Office Use Only DOCKET NO. DATE RECEIVED: 1) Applicant: Willow Haven Senior Homes, LLC 2) 3) 4) 5) N 7) 8) Address 1300 86th Street, 14-126, Indianapolis, IN 46240 Project Name: Willow Haven Senior Homes Memory Care of West Clay Phone: Engineer/Architect: Nathan Waggner - Cash Waggner & Assoc. Phone: 81 2-634-501 5 Attorney: Matthew A. Griffith - Griffith Xidias Law Group Phone: 317-663-0650 one: 317-663-0650 ... 317-282-0567 Contact Person: Matthew A. Griffith/Chad Rollins Ph Email: matt@indybizlaw.com Fa Applicant's S1atys (check the appropriate response): (a) The applicant' =(c) is on the deed to the property; L�J (b) The applicant is the contract purchaser of the property; Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: Record of Ownership -- Deed Book No./Instrument No. Inst. No. 201 5056614 Page: Purchase date: 10/22/15 Common address of the subject property: 13145 West Road, Carmel, IN 46074 Legal description: See attached Exhibit A Tax ID Parcel No.: 17-09-30-00-00-009.000 Explanation of requested Use 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 appeal). See attached Exhibit B State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Use Variance"). See attached Exhibit C Page 1 of 12 filename: use variance application & instructions 2019 rev. 01/10/19 9) 9a) 10) 11) 12) Present zoning classification of the property: S1 Zoning Overlay (if applicable): n/a Present use of the property: Residential Home Size of lot/parcel in question: 1.28 Acres Describe proposed use of the property: Memory Care Assisted Living acres/sq. ft. 13) Is the property: Owner occupied ; Renter occupied Renter ; 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, 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 Builder: n/a 16) If proposed appeal is granted, when will the work commence? February 2020 17) If the proposed appeal 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 a MANDATORY twenty (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 7. 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 Applicant Sig Date: O� / � —' "" 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 sections and/or the legal advice of his/her attorney. Page 2 of 12 filename: use variance application & instructions 2019 rev. 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. Signed Name: W (Prope y Owner, Attorney, ower of Attorney) STATE OF INDIANA SS: Printed Name: P S I`�S The undersigned, having been duly sworn upon st h s that the above. i ormation is true and correct and he is informed and believes. )a, (Signat re of Petitioner) County ofnflrwto�JBefore me the undersigned, a Notary Public . (County in which notarization takes place) for m ioI S3/ V County; State of Indiana, personally appeared (Notary Public's county of residence) VV l��/�/1/� am -es ' �(` ( u_S and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) n this 19 / day of _ Th�%i!� , 20 (day) (month) / l r, (year) Alicia Noland Notary --Public - Seal state of Indiana Madison County y CommissiomExpires 04/10/ Commission No. NP071971 — Notary Public --Signature /4L IC, I H �k Lti j0 Notary Public --Please Print My commission expires: V� I I � 1 7 Page 3 of 12 filename: use variance application & instructions 2019 rev. 01/10/19 CONSENT FORM CITY OF CARMEL, INDIANA The undersigned -'�i',J� kukr\ , 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 O.' � I4-- /\, ) Subscribed and sworn to before me this � 'day of,�e_n! �I�a"� , 2019 Notary Public Printed'Name of Notary My Commission Expires:��c,���{ My County of Residence: t-0g {j5on STACEY NICOLE BURNS Notary Public, State of Indiana Madison County Commission # W773 My Commission Expires i'a'iV� 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 Use Variance Proposed Willow Haven Senior Homes Memory Care Use S-1 Standards Commercial DO 2.03 — Assisted Living/Memory Agricultural Permitted /A Permitted Uses Care facility. Use • general g .culture (farm) Institutional Permitted Use • public service facility Recreation ermitted Use • park, public Residential Permitted Use - welling, single-family Temporary Permitted Use • construction acility • model home - pecial event, outdoor Accessory Permitted Use • bona fide servants quarters guest house • home occupation • private swimming pool - esidential kennel. Exhibit C Reasons Supporting Use 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 - I. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the Carmel Comprehensive Plan or Unified Development Ordinance will result in unnecessary hardship, because the proposed Memory Care Home will be a residential home similar in appearance and purpose to the homes in the surrounding area and because the Memory Care Home will complement the architectural styles of other homes in the surrounding area. 2. 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. 3. 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 of the Property, (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 (e) the Memory Care Home and surrounding gardens, landscaping and grounds have been designed to minimize any drainage issues resulting from the improvements and variances. 4. The need for the variance arises from a natural condition peculiar to the subject property, because the current zoning does not permit a memory care home. 5. The granting of this variance does not substantially interfere with the Carmel Comprehensive plan, because the Memory Care Home has been designed to appear similar to nearby single-family homes and will also serve as a residential home.