HomeMy WebLinkAboutPacket for HO 08-23-21
Faith Apostolic Church
Development Standards Variance Request
Docket Numbers PZ-2021-00129 and PZ-2021-00130
City of Carmel Board of Zoning Appeals
August 23, 2021
BZA Hearing Officer
Applicant: Faith Apostolic Church
Attorneys: Nelson & Frankenberger, LLC
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
317-844-0106
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Map / Aerial Photograph
3. Site Plan
4. Building Perspectives
5. Building Elevations
6. Minimum Front Yard Set Back Variance Request
- Ballot Sheet
- Findings of Fact
7. Maximum Building Height Variance Request
- Ballot Sheet
- Findings of Fact
TAB 1
EXPLANATION OF REQUEST
The Faith Apostolic Church (“Church”) is an important part of the City of Carmel’s healthy
and vibrant religious community and because the Church has a growing congregation, it desires to
expand its current church building to serve the needs of its congregation and ministry.
The Church is located on the north side of 116th Street, east of the Monon Trail and has a
common address of 1212 E. 116th Street (“Real Estate”). Included behind Tab 2 is a site location
map that shows the location of the Real Estate.
The Real Estate is zoned R-1 Residential and to accommodate the Church’s planned
expansion, the Church is seeking the following Development Standards Variances:
1. UDO, Article 2.08 Minimum Front Yard Setback – a 35’ Minimum Front Yard Setback
is required and the Church is seeking a Minimum Front Yard setback of 6’, which is the
current front yard building setback for the existing building.
2. UDO, Article 2.08 Maximum Building Height – a 35’ Maximum Building Height is
permitted and the Church is seeking a Maximum Building Height of 38.5’ for its
proposed building addition.
Regarding the Minimum Front Yard Setback variance request, the proposed building
expansion will be no closer to 116th Street than where the existing building is located today and the
variance is necessitated by the fact that over the years right-of-way acquisition and road expansion
along 116th Street has impacted the front yard setback for the Real Estate.
Regarding the Maximum Building Height variance request, the request is necessary to
accommodate the planned expansion, which includes the proposed children’s ministry addition.
Included behind Tab 3 is a site plan that illustrates the layout for the planned church
expansion and behind Tab 4 and Tab 5 are a building perspectives and building elevations
respectively that illustrate the proposed building additions and modifications.
Included behind Tab 6 is the Ballot Sheet and Findings of Fact for the Minimum Front Yard
Setback variance request and behind Tab 7 is the Ballot Sheet and Findings of Fact for the
Minimum Front Yard Setback variance request
We look forward to presenting this request to the BZA Hearing Officer on August 23,
2021.
Respectfully submitted,
TAB 2
Faith Apostolic Church
Site Location Map / Aerial Photograph
NORTH
SITE
116 th Street
TAB 3
TAB 4
TAB 5
EXISTING
A2.07-2-20214101 Dandy Trail, Suite E Indpls, IN 46254 (317) 328-2681
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FAITH APOSTOLIC CHURCH
CARMEL, INDIANA 46032
1212 E. 116TH STREET
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.EXISTING ELEVATIONSELEVATIONS
PROPOSED
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FAITH APOSTOLIC CHURCH
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.EXISTING ELEVATIONSELEVATIONS
PROPOSEDA3.27-2-2021ELEVATIONS4101 Dandy Trail, Suite E Indpls, IN 46254 (317) 328-2681
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FAITH APOSTOLIC CHURCH
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A4.17-8-2021SECTIONS4101 Dandy Trail, Suite E Indpls, IN 46254 (317) 328-2681
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FAITH APOSTOLIC CHURCH
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_.3-STORY EDUCATION EXPANSION PLANSBUILDING SECTIONS
TAB 6
CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2021-00129
Petitioner: Faith Apostolic Church
Request: Development Standards Variance from UDO, Article 2.08 Minimum Front Yard Setback – a 35’
Minimum Front Yard Setback is required and the Church is seeking a Minimum Front Yard
setback of 6’, which is the current front yard building setback for the existing building.
1. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
3. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DATED THIS 23th DAY OF AUGUST, 2021.
__________________________________________________
Board of Zoning Appeals, Hearing Officer
CARMEL/CLAY BOARD OF ZONING APPEALS
BZA HEARING OFFICER
CARMEL, INDIANA
Docket No.: PZ-2021-00129
Petitioner: Faith Apostolic Church
Request: Development Standards Variance from UDO, Article 2.08 Minimum Front Yard Setback – a 35’
Minimum Front Yard Setback is required and the Church is seeking a Minimum Front Yard
setback of 6’, which is the current front yard building setback for the existing building.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
The approval of the requested variances will not be injurious to the public health, safety, morals and general
welfare of the community because:
1. The approval of the requested variance will not be injurious to the public health, safety, morals and general
welfare of the community because the requested variance is intended to permit the Applicant to appropriately
expand the existing church building and the granting of the variances should not have an injurious impact to
the public health, safety, morals and general welfare of the community, because the building expansion is no
closer to 116th Street than where the existing building is located today.
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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not
be affected in a substantially adverse manner because the Church has been in existence on the site for a
number of years. The proposed church expansion is designed to accommodate the needs of the growing
congregation while being sensitive to the uses that surround the subject real estate, with an addition that is
no closer to 116th Street than what currently exists today.
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:
Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site
because the Applicant will be unable to design an expansion that appropriately addresses the needs of the
Church’s growing congregation; and, the Applicant is only seeking a variance that is necessary to implement
the planned church expansion.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development
Standards Variance Docket No. PZ-2021-00129 is granted, subject to any conditions stated in the minutes of this
meeting, which are incorporated herein by reference and made a part hereof.
Adopted this 23rd day of August, 2021.
_________________________________________
BOARD OF APPEALS HEARING OFFICER
_________________________________________
SECRETARY, Carmel Board of Zoning Appeals
TAB 7
CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2021-00130
Petitioner: Faith Apostolic Church
Request: Development Standards Variances from UDO, Article 2.08 Maximum Building Height – a 35’
Maximum Building Height is permitted and the Church is seeking a Maximum Building Height
of 38.5 for its proposed building addition.
1.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
3.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DATED THIS 23th DAY OF AUGUST, 2021.
__________________________________________________
Board of Zoning Appeals, Hearing Officer
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: PZ-2021-00130
Petitioner: Faith Apostolic Church
Request: Development Standards Variances from UDO, Article 2.08 Maximum Building Height –
a 35’ Maximum Building Height is permitted and the Church is seeking a Maximum
Building Height of 38.5 for its proposed building addition.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of the requested variances will not be injurious to the public health, safety, morals and
general welfare of the community because:
The approval of the requested variances will not be injurious to the public health, safety, morals and
general welfare of the community because the requested variances are intended to permit the Applicant
to appropriately expand the existing church building and the granting of the variances should not have
an injurious impact to the public health, safety, morals and general welfare of the community, because
the building expansion is no closer to 116th Street than where the existing building is located today and
the modest height increase (only applicable to the rear building addition) is characteristic of other
churches in 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:
The use and value of the area adjacent to the real estate that is the subject of the requested variances
will not be affected in a substantially adverse manner because the Church has been in existence on the
site for a number of years. The proposed church expansion is designed to accommodate the needs of
the growing congregation while being sensitive to the uses that surround the subject real estate, with an
addition that is no closer to 116th Street and a height that is modestly over the permitted 35’ in height.
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:
Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s
site because the Applicant will be unable to design an expansion that appropriately addresses the needs
of the Church’s growing congregation; and, the Applicant is only seeking variances that are necessary
to implement the planned church expansion.
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
meeting, which are incorporated herein by reference and made a part hereof.
Adopted this 23rd day of August, 2021.
_________________________________________
BOARD OF APPEALS HEARING OFFICER
_________________________________________
SECRETARY, Carmel Board of Zoning Appeals