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HomeMy WebLinkAboutAll DocumentsI City of Carmel Carmel Board of Zoning Appeals Regular Meeting Minutes Monday, July 24, 2017 Time & Location: 6:00 PM, City Hall Council Chambers, 2 nd Floor, 1 Civic Square, Carmel, IN 46032 Agenda: A. Call to Order B. Pledge of Allegiance C. Roll Call Members Present: Leo Dierckman Dennis Lockwood Kent Broach Staff Present: Angie Conn, Planning Administrator Maggie Crediford, Recording Secretary Legal Counsel: John Molitor I D. Declaration of Quorum E. Approval of Minutes of Previous Meeting-On a Motion I F . Communications, Bills, and Expenditures 1. Motion needed to have an alternate BZA President this meeting. G. Reports, Announcements, Legal Counsel Report, and Department Concerns H. Public Hearings TABLED TO AUG. 28-(UV, V) Lucas Estate Special Events Venue/Meeting or Party Hall. The applicant seeks the following Use Variance & Development Standards Variance approvals filr a Meetinf9'Party Hall with multiple buildings, on 70 acres of land: 1. Daeket Na. 17040002 UV ZO Chptr 5.01.01 Permitted Uses iB S 1 Zoning Distriet. 2. Dael{et Na. 17040003 V ZO Chptr 27.03 Na parking lat eurbing 3. Dael{et Ne. 17040004 V ZO Chptr 33.05.E Na parki-Bg let i-Bteriar plantings 4 . Deeket Na. 17040005 V ZO Ch.ptr 2li.04 & 33.05.A Redueed perimeter bufferyards ·widths 5. Deeket Ne. 1704000(i V ZO Chptr. 2.09 Redueed right af way dedieatian along 1 1 1li th--St. The site is located along Ditch Rd., at 1303 '>I. 116th Street (west of 1143 W. 116th St.). The site is zoned S I /Residence and partially lies within the West 116th Street OYerlay Zone and the Floodplain Zone. Filed by Timothy Ochs oflce Miller LLP, on behalf of The Lucas Living Trust. WWW.CARMEL.IN.GOV Page 1 of7 (317) 571-2417 Carmel Board of Zoning Appeals July 24 , 2017 Meeting Minutes (SU Amend) 110 Third Ave NW, Monon & Main Villas (aka Monon Reserve). The applicant seeks the following Special Use Amendment approval for exterior building material modifications to a prior-approved 4-unit multifamily building (different than February request): 6. Docket No. 17050012 SU Amend ZO Chptr 10.01 Special Use: Multi-family in R- 4/Residential District. The site is located at 110 Third Ave NW. The property is zoned R- 4/Residential. Filed by Michael Mercho of Integra Builders . Petitioner: Terry Sork?: Attorney: • They asked for an amendment to the commitment that was previously made to the BZA for an all brick fa9ade on the building. • The fronts of the buildings and both ends have an all brick fa9ade. • He presented exhibits showing the facades as they were originally approved and ones showing the proposed changes. o They would like to use fiber cement siding on the west elevation on the third floor only. o They have made accommodations to the adjacent property owners. o The Monon and Main building is immediately adjacent to the west elevation. These buildings are also siding and brick. Public Hearing Open: 6: 10 p.m. Public Comments: NONE Public Hearing Closed: 6:11 p.m. Department Report: Angie Conn, Planning Administrator: • She directed the Board to review the letter of support received from the neighbor. As well as a letter from the town homes that area located to the south of this site. They have a concern about how the site will be accessed and utilization of their private drive. She stated that this concern is related to the site, but not the variance request before the board this evening. • The Department is in support of this variance request to allow for the third floor of the west fa9ade to be cement fiber board siding. She recommended favorable consideration for the request. There was no discussion from the Board regarding this request. On a Motion made by Kent Broach to approve Docket No. 17050012 SU Amend and seconded by Dennis Lockwood John Molitor reminded the Board to fill out the Findings of Fact. Approved 3-0 WWW.CARMEL.IN.GOV Page 2 of7 (317) 571-2417 I I I I I I Carmel Board of Zoning Appeals July 24 , 2017 Meeting Minutes (V) Clay Terrace Off Premise Sign. The applicant seeks the following development standards variance approval related to a ground sign: 7. Docket No. 17060007 V ZO Chptrs. 25.07.01-06.c & 25.07.02-04 Off premise signs prohibited, Off premise sign requested. The site is located at 295 W. 146 th St. It is zoned R-1/Residence. Filed by J. Murray Clark of Faegre Baker Daniels LLP on behalf of CT Partners LLC. Petitioner: J. Murray Clark, Faegre Baker Daniels LLP: • CT Partners LLC (Clay Terrace) owns the parcel located at 295 W 146 th Street. • They asked for approval of a ground sign at this location. It is . 78 acres. The proposed sign would be for Clay Terrace (mixed use commercial center just east of the property) • They have been working on updating the access to the site as well as traffic flow both for cars and pedestrians. Clay Terrace Blvd. has become a heavily travelled through street connecting 146 th and Rangeline Road with the road improvements associated with US 31. • They are focused on the entrance points at the western most entrance to the site. • Currently at this location there is a right out exit from the site. They have proposed and have be~n approved to add a right in entrance as well. Hopefully to disperse some of the traffic entering at the li~t. They have already received approval from Hamilton County and the City to add this entrayce pomt. I • Struc~e Point assisted the owners of Clay Terrace the creation of this right in access point was 1heir suggestion. • He presented proposed pictures of the entrance as well of how the sign will sit on the property. • The ground sign will be off premise which creates the need for the variance. The sign will be 6' in height and have 40 sq.ft. of signage associated with it. They have discussed and agreed to the 1 appropriate landscaping for the sign with the City Staff. Public Bearing Opened: 6:15 p.m. Public Comments Favorable: NONE Public Comments Unfavorable: Perry Benson: Lives directly across from the proposed entry. • Currently there is a right out tum lane there . People tum left out of that spot all the time creating a hazard . He has nearly been hit head on several times at this location. • He has spoken with Jennifer Jones at Clay Terrace about this concern. Originally they had cone ~ so that people could not tum left. Clay Terrace never addressed the issue. He has safety concerns about this location. • He does not feel there is a need for an additional sign in this location when there is an entrance s~gn just a few feet up the road that is visible. • He has concerns about how the sign will be lit. His bedroom faces the proposed sign location. I • The house at this site has been sold and sitting vacant. It is not being taken care of. He would like to know what will be done with that house. I WWW.CARMEL.IN .GOV Page 3 of7 (317) 571-241 1 Carmel Board of Zoning Appeals July 24 , 2017 Meeting Minutes Brent Beecher: Lives in the neighborhood to the south: • The original developer, Lauth Properties met several times with the neighbors to help mitigate concerns that they had when the development went in. This included egress and ingress into the site. • The reason that was developed with a right out only at that location is because there is an entrance/exit to Johns street is 300-400 ft. from that location. The proposed right in lane is at the entrance of Johns Street. That will create a congestion point with people trying to get in and out of the neighborhood and turning into Clay Terrace. • Lauth agreed to the right exit out and a 50' easement with trees, they added a fence and lighting that is directed away from the neighbors. • Currently the exit is being used for right and left turns which are dangerous. People are also going through the light at Clay Terrace, making U-tums at that location so they can tum right into the complex instead of waiting at the light to tum left. It is a dangerous traffic situation. • He feels that this addition will encourage people to make U-tums in front of his street to utilize that entrance, creating an even more dangerous situation in that area. • He feels that anyone on the west side of Clay Terrace will begin to use that as their egress to Rangeline road . The drives behind the buildings are narrow and were not intended for through traffic. Kids will be using this drive to get to the high school. Even with speed bumps people will travel at high rates of speed through there . He believes it will create pedestrian safety issues. • There is an electric charge station which limits visibility when driving behind Whole Foods. I • Clay Terrace has been there for 14 years , he believes people in the surrounding communities know I where it is. If people are looking for Clay Terrace there is a very large entrance sign just 200' down the road. It is well lit and well-marked. If someone misses the right tum only lane the main entrance is • 150' down the road where they can make a right tum at the light. People will not miss the entrance if there is not a sign at the proposed location. There is a rise in 146th Street coming east bound about 100' to the west of Johns Street. At night when cars are coming through there you cannot see their headlights until they come up over the rise. He is concerned that cars will try to make U-tums to tum into that lane. • They will have cars in front of their street slowing down to 15 miles per hour which will take 100-145' to do that from 45 mph. That will make it difficult for them to exit either west bound or east bound onto 146th Street. Leo Dierckman reminded everyone that the variance before the Board this evening is in regards to the sign only. The addition of the entrance has already been approved by the City and County and that the Board has no authority to make changes to that. Michael Blasma: The proposal will block their neighborhood and make it impossible to enter or exits safely. WWW.CARMEL.IN.GOV Page 4 of7 (317) 571-2417 I Carmel Board of Zoning Appeals July 24 , 2017 Meeting Minutes Petitioner Rebuttal: I Murray Clark: • There has been much thought given to the engineering aspects ofthis project and how best to dissipate the traffic through Clay Terrace from north to south. I I • He clarified that the client he represents is Washington Prime which is a spin off company from Simon so it is not a new owner than who the neighbors have dealt with in the past. Many of the commi~ments that were made with the development of Clay Terrace are still in place with the original PUD. I • The petitioner is willing to commit to only having the sign internally lit to help alleviate the concerns of neighbors. There will be no ground mounted lights. I • They feel that the sign is needed for traffic contemplating using the new right in entrance will hay e a reasonable expectation of where to go . They are trying to encourage more traffic to use the rightL in entrance to help with congestion at the light and dissipate and better distribute vehicular traffic dh ving through the site. • The ordinance allows for directional traffic signs. Department Report: Angie Conn: Planning Administrator: • Stated that the Department can forward the concerns of the neighbors regarding the right in acce s point to the agencies that approved it, just to let them know that there are concerns. I • Before the Board tonight is just the variance request for the sign . Staff has looked at the sign and it has low level lighting from the interior. It is halo lit, so the dark panels would stay opaque and only the letters would be illuminated at night. That will keep it at a low level and non-intrusive to the neighbors. • The base of the sign will be landscaped with year round perennials as required by the sign ordindnce. • The Department recommends positive consideration for this request. Board Comments: Dennis Lockwood: Stated that he understands that this request is for a sign, but the tum in causes him some concern. He asked how many signs the petitioners are allowed per the PUD . He asked if this sign is all bwed in ~PUD. j Angie Conn: Stated that they do not need a variance because of the number of signs, or the size and height of the sign. They are here only because this sign would be located off the Clay Terrace site on land that d des not fall under the PUD zoning. Dennis Lockwood: The sign is aligned with the east end of the existing house. He asked who owns the house. He is concerned about the location in relation to the house. Murray Clark: The location of the sign was determined by Structurepoint based on their normal standards for the location of signs compared to the distance needed to for vehicles to slow down and make the tum. Dennis Lockwood: Mentioned that the property owner for that house is not here to remonstrate agains~ the location of the sign. I Murray Clark: Stated that there is no plan in place to do anything with that home or the property at this time other than place the sign there. The owner of the parcel is CT Partners LLC which is an affiliate of the o1ners of Clay Terrace. It was acquired by them in the last couple of months. WWW.CARMEL.IN .GOV Page 5 of7 (3 17) 571 -241 ! Carmel Board of Zoning Appeals July 24 , 2017 Meeting Minutes Dennis Lockwood: Asked if the parties have agreed to the easement. Murray Clark: Stated they are affiliated parties and have agreed to the language. There will be a new sidewalk created and there is a sliver that will need to be dedicated. Leo Dierckman: Stated that he has concerns about the ultimate impact this will have on this property and the economic impact that will have on the neighborhood to the south. There will now be a home there that has a sign literally in its back yard. He asked if the owners would agree to demolish the home and add a public amenity for the residence to the south. Otherwise the value of that home will be detrimental to the neighbors. That home is not being maintained properly, there will always be a risk that it won't be maintained properly. No one will make the connection that it is owned by Clay Terrace so there would be no negative ramifications for them if it is left to go downhill. He informed the petitioners that there are only three members present at this meeting and that at this point he would be voting against the sign without some mitigation associated with the home being demolished and then landscaping being provided. He understands the concept of the tum but feels that it will be impactful to the neighborhood . He said the proposed off site sign has tenant names proposed and he feels that those are unnecessary. This is a directional sign, and it does not need tenant names. He feels that the sign and the home on the property will have a significant negative impact on properties that are 1 O' away. Murray Clark: Asked for a continuance of the item to the next meeting so that he could discuss the concerns with the owners and see if something could be worked and out or revising the copy on the sign face. Leo Dierckman: Suggested that based on the number of remonstrators and their concerns about the sign as well as the home that the petitioners should consider having a meeting with neighbors to discuss their concerns and see if some accommodations can be agreed upon. He stated that the BZA has no impact on the street improvement. The curb cut is going to happen and has already been approved. They only way the BZA can mitigate impact to the neighborhood is in relation to the sign. He believes the new design of the right-in right out area may help with some of the traffic concerns due to the raised concrete being proposed. Murray Clark: Stated that he is willing to meet with neighbors and asked that the item be continued to the August meeting. Leo Dierckman: Stated that the public hearing portion of this item has been closed and there will be no further public comments at the next meeting. I On a Motion made by Kent Broach to table the item to the August meeting and seconded by Dennis I Lockwood. Approved 3-0 WWW.CARMEL.IN .GOV Page 6 of7 (317) 571-2417 Carmel Board of Zoning Appeals July 24, 2017 Meeting Minutes The item was continued to the August 28, 2017 6:00 p.m. BZA meeting. I TABLED TO AUG. 28-(V) Weston Shoppes -Outlot, Drive Thru. , I I The applicant seeks the follov1ing development standards •;ariance approval related to the drive tlirru: 8. Doeket No. 17060008 V :i:o Ch. 23C.11.F dtwe !IIAt loees eoefJBed lo F<JOF of !File! •ted, Innes elang naFthlwest side af building Fequested. 9. Daeket Na.17060011 V ZO Ch. 23C.11.F dFi.ve th.Fu eoF steeking; min. 10 spoees Fequired, 8 requested. The site is located at 4000 V'1. 106th St. It is zoned B 2 and falls within the US 421Gdrridor 0 1,'erlay Zone. Filed by Jim Shinaver of Nelson & Frankenberger LLG. Meeting adjourned at 6:37 p.m. Maggie Crediford-Recording Secretary WWW.CARMEL.IN.GOV Page 7 of7 (317) 571-241 1 Lucas Special Events Venue 1303 W. 116th Street Docket Nos. 17040002UV & 17040003 - 6V Variances of Use and Development Standards to permit a Special Events Venue d a o R h c t i D Lucas Living Trust Properties (outlined in yellow) Area of Requested Variances (outlined in red) d a o R h c t i D 1:4,800 00.040.080.16m Parcels 00.050.10.2km ± Basemap information here CARMEL BOARD OF ZONING APPEALS July 24, 2017 17040002UV - 17040006V Lucas Special Events Venue Table of Contents Petitioner: Tab 1: Executive Summary and The Lucas Living Trust Detailed Description of a/k/a The Lucas Family Living Trust Variance Requests 1143 W. 116th Street Carmel, IN 46032 Tab 2: Lucas Estate Fact Sheet Legal Counsel: Tab 3: Aerial Location Map Ice Miller LLP Timoth E. Ochs, Attorney Tab 4: Survey of Property One American Square Suite 2900 Tab 5: Sound Survey Indianapolis, IN 46282-0200 317-236-5952 17040002UV - 17040006V Lucas Special Events Venue Executive Summary and Request The Petitioner, The Lucas Living Trust, a/k/a The Lucas Family Living Trust, is seeking approval of a Use Variance and four Variances of Development Standards for the continued operation of an existing Special Events Venue. The property subject to the requested variances, adjacent to the Lucas residential estate, was initially developed by the Irsay family and houses the facility formerly known as the Robert Irsay Pavilion. The requested Variances would not apply to the property which contains The Petitioner acquired the subject property from the Estate of Nancy Irsay in May, 2016. While the existing Pavilion, with its related supporting facilities and parking areas, has operated for a number of years prior to the acquisition by the Petitioner, the Petitioner has not found evidence that the facility received any zoning approvals and seeks to remedy this for the continued operation of the Venue. No new facilities or the expansion of the existing improvements are proposed in relation to these requested Variances. The subject property is zoned S-1 and is within the West 116th Street Overlay Zone. The following Variances are requested for the continued operation of the Special Events Venue: 1. Docket No. 17040002 UV: Chapter 5.01.01 of the Carmel Zoning Ordinance does not include the existing Special Events Venue as a permitted use. The request is to permit the Special Events Venue. 2. Docket No. 17040003 V: Chapter 27.03 of the Carmel Zoning Ordinance requires parking areas to have curbing. The request is to permit the existing parking area which were not developed with curbing to continue as is. 3. Docket No. 17040004 V: Chapter 33.05.E of the Carmel Zoning Ordinance requires parking lots to have interior plantings. The request is to permit the existing parking area which were not developed with interior plantings to continue as is. 4. Docket No. 17040005 V: Chapter 26.04 & 33.05.A of the Carmel Zoning Ordinance as is. 5. Docket No. 17040006 V: Chapter 2.09 of the Carmel Zoning Ordinance requires compliance with the Transportation Plan. The Transportation plan calls for a 60’ half right-of-way width for 116th Street . The request is to permit the half right-of-way to be reduced and align with the existing entry columns and wall nearest 116th Street. Thank you for your consideration of these Variances. 17040002UV - 17040006V Lucas Special Events Venue Lucas Estate Fact Sheet The Lucas Estate is Forrest and Charlotte Lucas’ private estate purchased from CNO Financial in October 2010. Recently, they purchased the Late Nancy Irsay’s Estate located directly adjacent to and west of the original Lucas Estate. Forrest and Charlotte made a promise to the community that they would preserve the history of both estates and share them with the community. Since 2011, Forrest and Charlotte have opened the Lucas Estate property to the community to host various charity and corporate organizations and a few weddings. We host 30-50 events each year and we DO NOT intend on increasing the event activity once the use variance is obtained. These events could range from 20 guests to over 500. The Lucas Estate is not an avenue to make money as the Lucas’ business Lucas Oil Products, LLC is the main entity that provides resources for us to be able to work on behalf of the community. The Lucas Estate is simply one of the many avenues for the Lucas Family to carry out their philanthropic initiatives. The estate cannot be hired out by anyone simply by paying a certain fee. This is not a traditional, commercial banquet facility. The corporate events are usually local partners and allow resources for us to employ the talent that makes the experience here at the Lucas Estate one of the best in the City and central Indiana. The Lucas’ DO NOT plan on building any additional event spaces on the property and instead intend on using the existing building that already exist. It is often misunderstood that the Lucas’ do not live here at the estate when in fact they reside here about 90% of their time. This is their home and they attend nearly all of the events held on the Estate. A local developer submitted highest offer to purchase the Irsay Estate last year and in an effort to prevent many new homes from being built on those 39 acres, Forrest and Charlotte submitted a generous bid to prevent the disruption for the Lucas Estate and the surrounding neighbors. Forrest and Charlotte’s personal events team sometimes spearhead major events here at the Lucas Estate using the talent and resources of the Lucas’ to build community assets. Thus far, we are responsible for building the 5000+ square ft. Child Life Zone at Riley hospital that houses 12.2 Child Life Specialist to encourage more effective healing for sick and terminally ill kids. One of the other assets the Lucas team initiated is the St. Vincent Cardiovascular Research Institute that was established in 2016 to help Indiana Hoosiers receive the best care in heart health in the tri-state region. The Lucas Estate is a community resource for the surrounding neighbors. We would be happy to help you to execute your own personal events. The largest of the events we have ever had hosts almost 700 guests, but generally our events host between 200-400 guests. Our parking lots contain approximately 420 parking spaces, which accommodates around 700 guests comfortably. We do have a hand picked transportation partner called SOPHI Global that executes For sound, we recently switched to a Line-Array system that promotes a very clear digital sound that reduces sound travel. We have mandated this system for all of are clients and is provided by our exclusive A/V partner, Evans Audio Visual. Please see the sound study sheet. The Lucas Estate team is made if up very experienced and talented individuals to ensure a one-of-a-kind experience that meets the expectation of the property as well as Forrest and Charlotte. The Lucas Estate Team works with a hand picked team of professional partners to ensure the quality and prestige of service. (outlined in yellow) Lucas Living Trust Properties Area of Variances Requested (outlined in red) daoR h ctiD da oR hct iD LUCAS ESTATES CLIENT -3:00PM LUCAS VARIANCE SOUND TEST BASELINE SOUND PRESSURE LEVEL: 100DB JULY 7 2017 12:00PM PROJECT 67DB PERIMETER SPL DITCH ROAD WEST ENTRANCE AMBIENT SPL: 67DB SOURCE SPL : 7/7/17 100DB ROAD DATE 83DB PERIMETER SPL : 58 SOURCE DECIBILE: EAST GATE AMBIENT SPL 7/7/17 100DB ROAD DATE 66DB PERIMETER SPL SOUTH FENCE AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 60DB PERIMETER SPL SOUTH EAST AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 60DB PERIMETER SPL SOUTH WEST AMBIENT SPL: 60 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 64DB PERIMETER SPL NORTH WEST AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 58DB PERIMETER SPL NORTH GATE AMBIENT SPL: 58DB SOURCE SPL: 7/7/17 100DB ROAD DATE Lucas Special Events Venue 1303 W. 116th Street Docket Nos. 17040002UV & 17040003 - 5V (Docket Number 17040006V Withdrawn) Variances of Use and Development Standards to permit a Special Events Venue CARMEL BOARD OF ZONING APPEALS August 28, 2017 17040002UV - 17040005V Lucas Special Events Venue Table of Contents Petitioner: Tab 1: Executive Summary and The Lucas Living Trust Detailed Description of a/k/a The Lucas Family Living Trust Variance Requests 1143 W. 116th Street Carmel, IN 46032 Tab 2: Lucas Estate Fact Sheet Legal Counsel: Tab 3: Aerial Location Map Ice Miller LLP Timoth E. Ochs, Attorney Tab 4: Site Plan of Property One American Square Suite 2900 Tab 5: Sound Survey Indianapolis, IN 46282-0200 317-236-5952 Tab 7: Carmel DOCS Questions with Petitioner’s Responses Tab 8: Proposed Commitments Tab 9: Letter of Support Tab 10: Petitioner’s Findings of Fact Tab 11: Ballot Sheets: BZA’s Findings of Fact 17040002UV - 17040005V Lucas Special Events Venue Executive Summary and Request The Petitioner, The Lucas Living Trust, a/k/a The Lucas Family Living Trust, is seeking approval of a Use Variance and four Variances of Development Standards for the continued operation of an existing Special Events Venue. The property subject to the requested variances, adjacent to the Lucas residential estate, was initially developed by the Irsay family and houses the facility formerly known as the Robert Irsay Pavilion. The requested Variances would not apply to the property which contains The Petitioner acquired the subject property from the Estate of Nancy Irsay in May, 2016. While the existing Pavilion, with its related supporting facilities and parking areas, has operated for a number of years prior to the acquisition by the Petitioner, the Petitioner has not found evidence that the facility received any zoning approvals and seeks to remedy this for the continued operation of the Venue. No new facilities or the expansion of the existing improvements are proposed in relation to these requested Variances. The subject property is zoned S-1 and is within the West 116th Street Overlay Zone. The following Variances are requested for the continued operation of the Special Events Venue: 1. Docket No. 17040002 UV: Chapter 5.01.01 of the Carmel Zoning Ordinance does not include the existing Special Events Venue as a permitted use. The request is to permit the Special Events Venue. 2. Docket No. 17040003 V: Chapter 27.03 of the Carmel Zoning Ordinance requires parking areas to have curbing. The request is to permit the existing parking area which were not developed with curbing to continue as is. 3. Docket No. 17040004 V: Chapter 33.05.E of the Carmel Zoning Ordinance requires parking lots to have interior plantings. The request is to permit the existing parking area which were not developed with interior plantings to continue as is. 4. Docket No. 17040005 V: Chapter 26.04 & 33.05.A of the Carmel Zoning Ordinance as is. 5. Docket No. 17040006 V: Docket No. 17040006 V: Chapter 2.09 of the Carmel Zoning Ordinance requires Chapter 2.09 of the Carmel Zoning Ordinance requires compliance with the Transportation Plan. The Transportation plan calls for a 60’ half right-of-way compliance with the Transportation Plan. The Transportation plan calls for a 60’ half right-of-way width for 116th Street . The request is to permit the half right-of-way to be reduced and align with the width for 116th Street . The request is to permit the half right-of-way to be reduced and align with the existing entry columns and wall nearest 116th Street.existing entry columns and wall nearest 116th Street. Thank you for your consideration of these Variances. 17040002UV - 17040005V Lucas Special Events Venue Lucas Estate Fact Sheet The Lucas Estate is Forrest and Charlotte Lucas’ private estate purchased from CNO Financial in October 2010. Recently, they purchased the Late Nancy Irsay’s Estate located directly adjacent to and west of the original Lucas Estate. Forrest and Charlotte made a promise to the community that they would preserve the history of both estates and share them with the community. Since 2011, Forrest and Charlotte have opened the Lucas Estate property to the community to host various charity and corporate organizations and a few weddings. We host 30-50 events each year and we DO NOT intend on increasing the event activity once the use variance is obtained. These events could range from 20 guests to over 500. The Lucas Estate is not an avenue to make money as the Lucas’ business Lucas Oil Products, LLC is the main entity that provides resources for us to be able to work on behalf of the community. The Lucas Estate is simply one of the many avenues for the Lucas Family to carry out their philanthropic initiatives. The estate cannot be hired out by anyone simply by paying a certain fee. This is not a traditional, commercial banquet facility. The corporate events are usually local partners and allow resources for us to employ the talent that makes the experience here at the Lucas Estate one of the best in the City and central Indiana. The Lucas’ DO NOT plan on building any additional event spaces on the property and instead intend on using the existing building that already exist. It is often misunderstood that the Lucas’ do not live here at the estate when in fact they reside here about 90% of their time. This is their home and they attend nearly all of the events held on the Estate. A local developer submitted highest offer to purchase the Irsay Estate last year and in an effort to prevent many new homes from being built on those 39 acres, Forrest and Charlotte submitted a generous bid to prevent the disruption for the Lucas Estate and the surrounding neighbors. Forrest and Charlotte’s personal events team sometimes spearhead major events here at the Lucas Estate using the talent and resources of the Lucas’ to build community assets. Thus far, we are responsible for building the 5000+ square ft. Child Life Zone at Riley hospital that houses 12.2 Child Life Specialist to encourage more effective healing for sick and terminally ill kids. One of the other assets the Lucas team initiated is the St. Vincent Cardiovascular Research Institute that was established in 2016 to help Indiana Hoosiers receive the best care in heart health in the tri-state region. The Lucas Estate is a community resource for the surrounding neighbors. We would be happy to help you to execute your own personal events. The largest of the events we have ever had hosts almost 700 guests, but generally our events host between 200-400 guests. Our parking lots contain approximately 420 parking spaces, which accommodates around 700 guests comfortably. We do have a hand picked transportation partner called SOPHI Global that executes For sound, we recently switched to a Line-Array system that promotes a very clear digital sound that reduces sound travel. We have mandated this system for all of are clients and is provided by our exclusive A/V partner, Evans Audio Visual. Please see the sound study sheet. The Lucas Estate team is made if up very experienced and talented individuals to ensure a one-of-a-kind experience that meets the expectation of the property as well as Forrest and Charlotte. The Lucas Estate Team works with a hand picked team of professional partners to ensure the quality and prestige of service. Amended 08-17-2017 (outlined in yellow) Lucas Living Trust Properties Area of Variances Requested (outlined in red) daoR h ctiD da oR hct iD N 116th Street daoR hctiD LUCAS ESTATES CLIENT -3:00PM LUCAS VARIANCE SOUND TEST BASELINE SOUND PRESSURE LEVEL: 100DB JULY 7 2017 12:00PM PROJECT 67DB PERIMETER SPL DITCH ROAD WEST ENTRANCE AMBIENT SPL: 67DB SOURCE SPL : 7/7/17 100DB ROAD DATE 83DB PERIMETER SPL : 58 SOURCE DECIBILE: EAST GATE AMBIENT SPL 7/7/17 100DB ROAD DATE 66DB PERIMETER SPL SOUTH FENCE AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 60DB PERIMETER SPL SOUTH EAST AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 60DB PERIMETER SPL SOUTH WEST AMBIENT SPL: 60 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 64DB PERIMETER SPL NORTH WEST AMBIENT SPL: 58 SOURCE DECIBILE: 7/7/17 100DB ROAD DATE 58DB PERIMETER SPL NORTH GATE AMBIENT SPL: 58DB SOURCE SPL: 7/7/17 100DB ROAD DATE I\\12258118.2 I\\12258118.2 I\\12258118.2 I\\12258118.2 http://library.amlegal.com/nxt/gateway.dll/Indiana/carmel/chapter6publichealthandsafety?f=temp lates$fn=default.htm$3.0$vid=amlegal:carmel_in$anc=JD_6-158 I\\12258118.2 I\\12258118.2 S TATEMENT OF C OMMITMENTS C OMMITMENTS CONCERNING THE U SE OR D EVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE In accordance with I.C. 36-7-4-1015, the owner of the real estate located in Hamilton County, Indiana, which is described below, makes the following commitments concerning the use and development of the following parcel of real estate: Legal Description: See attached Exhibit A (the “Property”). Statement of Commitments: 1.Owner shall not conduct more than sixty (60) Events per calendar year on the Property. For purposes of these COMMITMENTS, the term “Event” shall mean a gathering of more than 25 people on the Property for a meeting, wedding, fundraiser or other gathering that do not primarily involve a member of the family that resides on the Property, such as a family member’s birthday party, anniversary or graduation, family gathering or other gathering typically held on a single family home property. 2.No more than eight (8) weddings shall be conducted on the Property during any calendar year. 3.All music and the use of speakers (except in the case of an emergency) on the Property shall end no later than 11:00pm. This Commitment 3 shall not be violated if guests remain on the Property after 11:00 as they wait to depart, such as waiting for their cars to be brought by valet parking attendants. 4.Owner shall deliver to all persons entitled to receive notice of the public hearing for Docket No. 17040002 UV (the “Notice List”) the name and contact information for not less than two persons associated with the Owner that can be immediately reached during an Event on the Property. 5.Owner shall make available to any neighbor on the Notice List a list of the scheduled Events that will not occur entirely inside a building, which list shall indicate the date and time of all upcoming Events on the Property; provided, however, that the group or person(s) that are associated with the Event need not be disclosed. 6.No Events shall start before 9:00am. 7.Owner shall, at its sole cost, for all Events that are anticipated to have more than 100 attendees, utilize an off-duty Carmel Police Officer or other qualified person to provide security for the page 1 of 9 Event and direct traffic at the Ditch Road entrance to the Property. Such officer shall be present to direct traffic not less than 30 minutes prior and 30 minutes after the scheduled start time and end time of the applicable Event or as determined by the Carmel Police Officer conducting the traffic. 8.No additional buildings shall be erected, installed, or constructed on the Property on or after the approval of Docket No. 17040002 UV by the Carmel Board of Zoning Appeals that will be used as part of any Event. This Commitment shall not be construed as prohibiting a building or other structure on the Property that is used solely by Owner for any reason other than as part of an Event. 9.Owner shall utilize a digital line array speaker system, and the sound output for any individual speaker shall not exceed 90dB(A). Noise during an Event on the Property shall not exceed 60dB(A) at any boundary of the Property. 10.No Event on the Property shall exceed 700 attendees in size. 11.Light during an Event on the Property shall not exceed 0.1 foot-candle at any boundary of the Property. 12.Owner shall not charge a rental, license or other fee for the use of the Property. Nothing in this Commitment, however, shall be construed as prohibiting Owner from charging for food, beverages, and other third party costs. 13.The existing dwellings/buildings located on the Property that are marked as “No Event Structure” on the map of the Property attached hereto as Exhibit B (the “Site Plan”) shall not be used for an Event on the Property. 14.Within 60 days after the approval of Docket No. 17040002 UV by the Carmel Board of Zoning Appeals, Owner shall install a flagpole at the existing Ditch Road entrance to the Property. Invitations, whether written or electronic, to an Event on the Property shall direct attendees to use the entrance on Ditch Road that has flagpole located adjacent to the entrance. 15.Owner shall install a 6’ tall solid board fence adjacent to the parking lots on the Real Estate. These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Board of Zoning Appeals made at a public hearing after proper notice has been given. page 2 of 9 COMMITMENTS contained in this instrument shall be effective upon the adoption of modification or termination approved by the Carmel Board of Zoning Appeals in Docket No. 17040002 UV. These COMMITMENTS may be enforced by the Carmel Plan Commission (the “Plan Commission”), the Carmel Board of Zoning Appeals (the “BZA”), the Department of Community Services of the City of Carmel on behalf of the Plan Commission or BZA, and the owner of any property adjoining and abutting the Property, including property across a public right-of-way. The undersigned hereby authorizes the Department of Community Services of the City of Carmel, Indiana, to record these COMMITMENTS in the office of the Recorder of Hamilton County, Indiana, upon final approval of Docket No. 17040002 UV by the Carmel Board of Zoning Appeals. IN WITNESS WHEREOF, owner has executed this instrument this _________ day of , 2017. By: Forrest D. Lucas, Trustee of the Lucas Living Trust under agreement dated November 9, 2000 By: Charlotte M. Lucas, Trustee of the Lucas Living Trust under agreement dated November 9, 2000 page 3 of 9 STATE OF INDIANA ) ) SS: COUNTY OF___________ ) Before me, a Notary Public in and for said County and State, personally appeared Forrest D. Lucas, Trustee and Charlotte M. Lucas, Trustee of the Lucas Living Trust under agreement dated November 9, 2000, owner of the real estate who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Subscribed and sworn to before me this day of , 2017. Notary Public - Signature Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document unless required by law. Timothy E. Ochs. This instrument was prepared by: Timothy E. Ochs, Attorney, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282 page 4 of 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (taken from Special Warranty Deed, Instrument Number 2010052075, and Administrator’s Deed, Instrument Number 2016022474) Parcel A (not included in Variances): Part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana more particularly described as follows: Beginning at the Northeast corner of said Quarter Section, said corner bears North 89 degrees 12 minutes 25 seconds East 2525.60 feet from the Southwest corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East in said county, Indiana: thence South 89 degrees 12 minutes 25 seconds West upon and along the North line of said Northwest Quarter Section 497.38 feet to the Northwest corner of a tract of land conveyed by a Deed recorded December 13, 1976 as Instrument No. 5862 in Book 293, Pages 152-153 in the Office of the Recorder of said county; thence South 16 degrees 59 minutes 40 seconds West upon and along the East line of said deed 651.18 feet to a point; thence South 01 degree 36 minutes 39 seconds West 214.65 feet to a point; thence South 89 degrees 50 minutes 49 seconds East 691.44 feet to a point on the East line of said Quarter Section; thence North 00 degrees 09 minutes 12 seconds East upon and along said East line 846.04 feet to the POINT OF BEGINNING, containing 11.90 acres, more or less. PARCEL B (included in Variances): Part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Quarter Section, said point bears North 89 degrees 12 minutes 25 seconds East 2525.60 feet from the Southwest corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East in said county, Indiana; thence South 89 degrees 12 minutes 25 seconds West upon and along the North line of said Northwest Quarter Section 497.38 feet to a point being the Northwest corner of a tract of land conveyed by a Deed recorded December 13, 1976 as Instrument No. 5862 in Book 293, pages 152-153 in the Office of the Recorder of said County; thence South 16 degrees 59 minutes 40 seconds West upon and along the East line of said Deed 651.18 feet to the POINT OF BEGINNING; thence South 89 degrees 04 minutes 07 seconds West upon and along the South line of said Deed 251.67 feet to a point; thence South 00 degrees 47 minutes 35 seconds East page 5 of 9 69.00 feet to a point; thence South 89 degrees 12 minutes 25 seconds West 343.47 feet to a point on the East line of a tract of land conveyed by a Deed recorded July 28,1988, as Instrument #88-15407, in said Recorder's Office; thence the next four courses being upon and along the East line of said Deed: (1) South 00 degrees 19 minutes 32 seconds West 41.60 feet to a point; South 00 degrees 41 minutes 27 seconds East 168.52 feet to a point; South 01 degree 08 minutes 01 second West 159.70 feet to a point; South 01 degrees 49 minutes 50 seconds East 116.83 feet to the Southeast corner of said Deed; thence South 00 degrees 57 minutes 05 seconds West 247.60 feet to a point, said point being on the North line of Queen's Manor, Section 1, the plat of which is recorded in Plat Book 8, page 140, in the Office of the Recorder of said county; thence South 86 degrees 31 minutes 49 seconds East along said North 32.74 feet to the Southwest corner of a tract of land conveyed by a Deed recorded April 6, 1973, as Instrument #1743, in Book 265, page 195, in said Recorder's Office; thence continuing South 86 degrees 31 minutes 49 seconds East along the South line of said Deed Record, said South line also being the North line of said Queen's Manor, Section I, 540.36 feet; thence North 01 degrees 36 minutes 39 seconds East 846.97 feet to the POINT OF BEGINNING, containing 10.48 acres, more or less. PARCEL C (included in Variances): Part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal Meridian, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Quarter Section, said point bears North 89 degrees 12 minutes 25 seconds East 2525.60 feet from the Southwest corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East in said County, Indiana; thence South 00 degrees 09 minutes 12 seconds West with the East line of said Quarter Section 846.04 feet to the POINT OF BEGINNING; thence North 89 degrees 50 minutes 49 seconds West 691.44 feet to a point; thence South 01 degree 36 minutes 39 seconds West 632.32 feet to the North line of Queen's Manor, Section 1, the plat of which is recorded in Plat Book 8, page 140, in the Office of the Recorder of said County; thence South 86 degrees 31 minutes 49 seconds East along the North line of said Queen's Manor, Section I and the extension thereof 708.71 feet to a point on said East line of said Quarter Section; thence North 00 degrees 09 minutes 12 seconds East along said East line 673.12 feet to the POINT OF BEGINNING, containing 10.48 acres, more or less. PARCEL D (included in Variances): Part of the Northeast Quarter of Section 3, Township 17 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, described as follows: page 6 of 9 Commencing at the Northwest corner of the Northeast Quarter of Section 3, Township 17 North, Range 3 East, of the Second Principal Meridian, Clay Township, Hamilton County, Indiana; thence South 00 degrees 52 minutes 59 seconds West (assumed bearing) 905.41 feet on the West line of said Northeast Quarter to the intersection with a Westerly line of the real estate described in Instrument #200000063974, in the Office of the Recorder, Hamilton County, Indiana, being the POINT OF BEGINNING of this land description; thence continuing South 00 degrees 52 minutes 59 seconds West 396.58 feet on the West line of said Northeast Quarter to the Northwest corner of Lot Number 6 in Estancia as per plat thereof, recorded in Plat Book 6, pages 88-91, in said Recorder's Office; thence South 69 degrees 46 minutes 04 seconds East 44.27 feet on the North line of said Lot Number 6 in Estancia to the Westerly line of the real estate described in said Instrument #200000063974; thence North 04 degrees 55 minutes 00 seconds West 413.37 feet on the Westerly line of the real estate described in said Instrument #200000063974, to the POINT OF BEGINNING, containing 0.19 acre, more or less. ALSO A part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: COMMENCING at the Northwest corner of the said Quarter Section; thence North 89 degrees 10 minutes 55 seconds East (assumed bearing) along the North line of the said Quarter Section 133.80 feet to the Southwest corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East in Hamilton County, Indiana; thence North 89 degrees 12 minutes 25 seconds East along the North line of the Northwest Quarter of said Section 3, a distance of 781.20 feet to the POINT OF BEGINNING, said point being the Northwest corner of a tract of land conveyed by a Deed recorded as Instrument Number 10404 in Deed Record 288, pages 277 and 278 in the Office of the Recorder of Hamilton County, Indiana; thence continuing North 89 degrees 12 minutes 25 seconds East along the said North line 796.42 feet to the Northwest corner of a tract of land conveyed by a Deed recorded December 13, 1977, as Instrument Number 5862 in Deed Record 293, pages 152 and 153 in the said Recorder's Office; thence South 00 degrees 47 minutes 35 seconds East along the West line of said Deed and its extension thereof 689.66 feet; thence South 89 degrees 12 minutes 25 seconds West 343.47 feet to the page 7 of 9 East line of a tract of land conveyed by a Deed recorded December 9, 1976, as Instrument Number 5775 in Deed Record 293, pages 113 through 115 in the said Recorder's Office (the next four courses are along the East line of said Deed and approximately along an existing fence line) (1) thence South 00 degrees 19 minutes 32 seconds West 41.60 feet; (2) thence South 00 degrees 41 minutes 27 seconds East 168.52 feet; (3) thence South 01 degrees 08 minutes 01 seconds West 159.70 feet; (4) thence South 01 degrees 49 minutes 50 seconds East 116.83 feet to the Northeast corner of a tract of land conveyed by a Deed recorded January 16, 1980, as Instrument Number 5120 in Deed Record 318, pages 531 and 532 in the said Recorder's Office (the next two courses are along said Deed); (1) thence South 00 degrees 57 minutes 05 seconds West 247.60 feet; (2) thence South 89 degrees 12 minutes 25 seconds West 486.12 feet to the East line of a tract of land conveyed by a Deed recorded March 8, 1978, as Instrument Number 10761 in Deed Record 302 on page 803 in the said Recorder's Office (the next three courses are along said Deed); (1) thence South 00 degrees, 09 minutes 55 seconds West parallel with the West line of the said Northwest Quarter Section 196.12 feet; (2) thence North 89 degrees 50 minutes 05 seconds West 893.62 feet to the West line of the said Northwest Quarter Section; (3) thence North 00 degrees 09 minutes 55 seconds East along the said West line 860.00 feet to the Southwest corner of said Deed Recorded as Instrument Number 10404 (the next two courses are along said Deed); (1) thence North 89 degrees 12 minutes 25 seconds East 915.00 feet; (2) thence North 00 degrees 09 minutes 55 seconds East parallel with the West line of the said Northwest Quarter Section 745.06 feet to the POINT OF BEGINNING, containing 38.678 acres, more or less (36.969 acres net of right of way). EXCEPTING THEREFROM THE FOLLOWING: A 0.319 acre tract taken for a Right-of-Way by the City of Carmel, as described in Quitclaim Deed dated February 12, 2008 and recorded April 9, 2008 as Instrument No. 2008018833; ALSO EXCEPTING THEREFROM THE FOLLOWING: A part of the Northwest Quarter of Section 3, Township 17 North, Range 3 East, Hamilton County, Indiana, being described as follows: Commencing at the Northwest Corner of said Northwest Quarter, marked by a Harrison Monument; thence North 89 degrees 30 minutes 54 seconds East (basis of bearings) 134.06 feet to the Southwest Corner of the Southwest Quarter of Section 34, Township 18 North, Range 3 East; thence along the south line of said Southwest Quarter and the north line of said Northwest Quarter North 89 degrees 32 page 8 of 9 minutes 29 seconds East 780.95 feet the POINT OF BEGINNING of the parcel described herein; thence continuing along said north line North 89 degrees 32 minutes 29 seconds East 114.42 feet to the northwest corner of an 0.319 acre parcel conveyed to the City of Carmel, Indiana by Instrument 2008018833 in the Office of the Hamilton County Recorder; thence along a line of said 0.319 acre parcel South 00 degrees 26 minutes 14 seconds East (South 00 degrees 27 minutes 31 seconds East by record description) 25.00 feet to a corner thereof; thence along the southerly lines of said 0.319 acre parcel the following seven courses: North 89 degrees 32 minutes 29 seconds East 230.00 feet; thence North 80 degrees 32 minutes 58 seconds East 73.09 feet; thence along a curve to the right having a radius of 83.00 feet for an arc length of 58.72 feet subtended by a long chord bearing South 64 degrees 49 minutes 10 seconds East with chord length of 57.50 feet; thence along a curve to the left having a radius of 92.00 feet for an arc length of 106.74 feet subtended by a long chord bearing South 77 degrees 47 minutes 16 seconds East with chord length of 100.85 feet; thence along a curve to the right having a radius of 483.00 feet for an arc length of 88.44 feet subtended by a long chord bearing North 74 degrees 13 minutes 19 seconds East with chord length of 88.32 feet; thence North 75 degrees 03 minutes 20 seconds East 48.96 feet; thence North 89 degrees 32 minutes 29 seconds East 96.99 feet (97.25 feet by record description) to the east line of a 38.678 acre parcel conveyed to Forrest D. Lucas and Charlotte M. Lucas, Trustees of the Lucas living Trust by Instrument 2016022747 in the Office of the Hamilton County Recorder; thence along the east line of said Lucas parcel South 00 degree 27 minutes 07 seconds East (South 00 degree 47 minutes 35 seconds East by record description) 564.92 feet to a corner thereof; thence along a line of said Lucas parcel and the westerly prolongation thereof South 89 degrees 32 minutes 53 seconds West (South 89 degrees 12 minutes 25 seconds West by record description) 807.96 feet to a westerly line of said Lucas parcel; thence along said westerly line North 00 degree 30 minutes 25 seconds East (North 00 degree 09 minutes 55 seconds East by record description) 689.93 feet to the point of beginning, containing 12.196 acres, more or less. page 9 of 9 I\\12156032.2 CARMEL BOARD OF ZONING APPEALS FINDINGS OF FACT for USE VARIANCE 17040002 UV - Special Events Venue Docket No.: ____________________________________________________ The Lucas Living Trust a/k/a The Lucas Family Living Trust Petitioner: ____________________________________________________ 1. 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 zoning ordinance will result in unnecessary hardship because: the variance will allow the continued use of the existing Meeting/Party Hall and the subject property for semi- _______________________________________________________________________________________ public events in a manner which has proven to be for the benefit of the public interest. _______________________________________________________________________________________ 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the operations, through previous events, have proven to be well coordinated and a benefit to the community. _______________________________________________________________________________________ _______________________________________________________________________________________ 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: the variance will allow for the continued operation of the existing facilities in a manner which has proven not to _______________________________________________________________________________________ substantially adversely affect adjacent properties. _______________________________________________________________________________________ 4. The need for the variance arises from a natural condition peculiar to the subject property because: due to the size of the site and the existing improvements, the property is uniquely qualified to serve as a host _______________________________________________________________________________________ site for the proposed semi-public events. _______________________________________________________________________________________ 5. The granting of this variance does not substantially interfere with the Carmel Comprehensive Plan because: the primary use of the property will remain residential which is consistent with the Comprehensive Plan. _______________________________________________________________________________________ _______________________________________________________________________________________ DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use 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 ____________________________________, 20 __________. _____________________________________________ _________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _________________________________________ SECRETARY, Carmel Board of Zoning Appeals _____________________________________________ _________________________________________ (Conditions of the Board, if any, are listed on the back.) Page 11 – filename: use variance application 2017 rev. 12/20/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE 17040003V - No Parking Lot Curbing Docket No.: _______________________________________________ The Lucas Living Trust Petitioner: _______________________________________________ 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: _____________________________________________________________________________________ the area affected by this Variance is interior to the site and is not injurious to the _____________________________________________________________________________________ community. Appropriate drainage measures for the parking areas have been designed _____________________________________________________________________________________ for the parking areas and have proven to be adequate. 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: _____________________________________________________________________________________ the grant of this Variance will allow the existing parking areas related to the Special Events _____________________________________________________________________________________ Venue to continue in a manner which they have do so for a number of years and which have proven not to substantially adversely affect adjacent areas. _____________________________________________________________________________________ 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: _____________________________________________________________________________________ the existing parking areas would require reconstruction to add curbing. _____________________________________________________________________________________ _____________________________________________________________________________________ DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development 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 __________________________________, 20 _______. _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on back; Petitioner or representative to sign. Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE 17040004V - No Parking Lot Interior Plantings Docket No.: _______________________________________________ Petitioner: _______________________________________________ The Lucas Living Trust 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the area affected by this Variance is interior to the site and is not injurious to the _____________________________________________________________________________________ community. There is significant landscaping on site surrounding the parking areas and a _____________________________________________________________________________________ _____________________________________________________________________________________ 6' tall wooden privacy fence is proposed on the southern property line for additional screening. 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: the grant of this Variance will allow the existing parking areas related to the Special Events _____________________________________________________________________________________ Venue to continue in a manner which they have do so for a number of years and which _____________________________________________________________________________________ have proven not to substantially adversely affect adjacent areas. _____________________________________________________________________________________ 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: the existing parking areas, which were not installed by the current owner, would require _____________________________________________________________________________________ reconstruction to add interior landscaping to the parking areas. _____________________________________________________________________________________ _____________________________________________________________________________________ DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development 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 __________________________________, 20 _______. _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on back; Petitioner or representative to sign. Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE 17040005V - Reduced Perimeter Bufferyard Widths Docket No.: _______________________________________________ Petitioner: _______________________________________________ The Lucas Living Trust 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the area affected by this Variance affects side and rear yards of the subject property and _____________________________________________________________________________________ _____________________________________________________________________________________ adjacent properties, all of which are either heavily landscaped or proposed to receive a _____________________________________________________________________________________ 6' tall wooden fence for additional buffering. 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: _____________________________________________________________________________________ the areas requiring the bufferyards are either heavily landscaped or proposed to receive a _____________________________________________________________________________________ 6' tall wooden fence providing additional buffering. _____________________________________________________________________________________ 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: existing parking areas, which were not installed by the current owner, would be required _____________________________________________________________________________________ _____________________________________________________________________________________ to be relocated and constructed to allow for the required bufferyard widths. _____________________________________________________________________________________ DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development 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 __________________________________, 20 _______. _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on back; Petitioner or representative to sign. Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 CARMEL BOARD OF ZONING APPEALS BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE Docket No.: __________________________________________________________ 17040002 UV - Special Events Venue The Lucas Living Trust Petitioner: __________________________________________________________ 1.____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 2.____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 3.____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 4.____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 5.____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ DATED THIS __________ DAY OF ______________________, 20 ____. ________________________________________________ Board Member Page 10 – filename: use variance application 2017 rev. 12/20/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana 17040003 V - No Parking Lot Curbing Docket No.: ______________________________________________ Petitioner: ______________________________________________ The Lucas Living Trust 1. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 2. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. _________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DATED THIS ________________ DAY OF ______________________________________, 20 ___________. ______________________________________________ Board Member Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana 17040004 V - No Parking Lot Interior Plantings Docket No.: ______________________________________________ Petitioner: ______________________________________________ The Lucas Living Trust 1. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 2. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. _________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DATED THIS ________________ DAY OF ______________________________________, 20 ___________. ______________________________________________ Board Member Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana 17040005 V - Reduced Perimeter Bufferyard Widths Docket No.: ______________________________________________ Petitioner: ______________________________________________ The Lucas Living Trust 1. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 2. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. _________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DATED THIS ________________ DAY OF ______________________________________, 20 ___________. ______________________________________________ Board Member Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016