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HomeMy WebLinkAboutApplication SU A SPECIAL USE TYPE OF APPLICATION CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCKET NO. DATE RECEIVED ( 1 ) Applicant: Carmel Clay School Corporation Address : 5201 East 131st Street, Carmel, IN 46032 Phone No. : ( 317 ) 844-9961 ( 2) Project Name: Carmel High School Expansion/Main Street Parking Engineer/Architect: Everett I . Brown Company Phone No. : ( 317 ) 237-7000 Attorney: Campbell Kyle Proffitt ( 3 ) Applicant ' s Status : (check the appropriate response) X ( a) The applicant' s name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: (4 ) If item ( 3 ) (c) is checked , please complete the following: Owner of the property involved : Owner' s Address : Owner' s Phone No. : ( 5 ) Record of Ownership: Instrument Nos . 8703366 , 8901568 Deed Book No. : 336 Page 770 Purchase Date 5/17/83 ( 6 ) Common Address of the Property Involved : None - vacant lot Legal Description: See attached . Tax Map Parcel No. : 10-30-00-00-026 Revised 2/11/88 Page 2 ( 7 ) Type of Appeal: (check the appropriate response) ( a) Request for a variance according to Section 30. 4 Use Variance Developmental Standards Variance (b) Request for an Appeal from the Decision of the Director of the Department of Community Development according to Section 30. 1 X (c) Request for a Special Use according to Section 21 . 0 ( 8 ) State explanation of requested Variancc/Appeal/Special Use: (State what you want to do and cite the section number of the Zoning Ordinance which applies and/or creates the need for this Appeal. ) Expansion of off-street student parking for Carmel High School. Section 8 . 2 of the Carmel Zoning Ordinance classi- fies schools as Special Uses and Section 25 of the Ordinance requires Special Use approval for an expansion of more than 10% of the existing use. Parking proposed to increase to 450 spaces . ( 9 ) State reasons supporting the Variancc/Appcal/Special Use: (If filing for a variance, complete the attached form entitled "Findings of Fact-Variance" . ) The need for additional parking will arise from expansion of the High School building across Main Street from the site. The expansion will be constructed over existing parking, thus , creating the need for replacement. ( 10 ) Present Zoning of the property: (Give exact classification) R-2 ( 11 ) Present use of the property: off-street parking/vacant lot ( 12 ) Describe the proposed use of the property: Off-street parking for high school ( 13 ) Is the property: X Owner occupied Renter occupied Other: farmed ( 14 ) Are there any restrictions, laws, convenants , variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the speci- fic purpose of this application? If yes, give date and docket number, decision rendered, and pertinent explanation. No. Page 3 ( 15 ) Has work for which this application is being filed already started? If answer is "yes" , give details . (Building Permit No. No (Builder ( 16 ) If proposed appeal is granted, when will the work commence? Fall, 1990 ( 17 ) If the proposed Appeal is granted, who will operate and/or use the proposed improvements for which this application has been filed? Carmel Clay School Corporation ( 18 ) Type of Notification (check the appropriate response) X (a) LEGAL NOTICE in the Noblesville Daily Ledger and Carmel New Tribune. (attached Publisher ' s Affidavit) X (b) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners . ( attach proof of mailing and return receipts ) (c) HAND DELIVERED to adjoining property owners . (attach Petitioner' s Affidavit of Notice of Public Hearing for hand delivered notification) NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST BE DONE 30 (THIRTY) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that Docket Numbers will not be assigned until all supporting information has been submitted to the Department of Community Development . The Applicant certifies by signing this application that (he or she) has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of (his or her) attorney. CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. : Public Hearing Date: Petitioner: Notice Requirements Met: FINDINGS OF FACT - SPECIAL USE EXCEPTIONS 1 . The Special Use in Flood Plain District, Ordinance 2160 , Section 21 . 6 as amended (docs ) (does not) apply and all prerequisites have been met by Petitioner as verified by: Review of NFIP community flood hazard maps . There is no flood plan associated with the site. 2 . The Special Use Exception will be consistent with the Character and Permitted Land Use of the zoning district and Carmel-Clay Comprehensive Plan because: The contiguous High School will require the parking as an accessory use. The existing parking use will be expanded . 3 . The Special Use is physically suitable for the land in question because: Off-street parking already exists and the proximity to the High School is ideal. 4 . The Special Use will not injuriously or adversely affect the adjacent land or property values because: The existing use is already parking/vacant lot and the basic use character will remain the same. 5 . The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because: All necessary services/infrastructure will be planned for with the site development. 6 . The Board has reviewed the requirements of Ordinance 2160 , Section 21 . 3 ( 1-25 ) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Exception: DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Special Use Exceptions Docket No. is (not) 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 , 1990 . Attest: SECRETARY, Carmel Board of CHAIRMAN, Board of Zoning Zoning Appeals Appeals Page 4 I , Polly Pearce, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket OWNER ADDRESS Marshall 0. Beilke 14 Albert Court Iris E. Beilke Carmel, IN 46032 Donald E. Benbow 22 Albert Court Gerlinde Benbow Carmel, IN 46032 Dennis Brett 110 Carmelview W. Dr. Carmel, IN 46032 Carmel Christian Church 463 Main Street Carmel, IN 46032 Meid Compton 3304 E. 146th Street Ruth M. Compton Carmel, IN 46032 James P. Dugan 13584 Landser Court Martha J. Dugan Carmel, IN 46032 William R. Fields 18 Albert Court Drinda K. Fields Carmel, IN 46032 Robin E. Gerstung 130 Carmel View Drive Nancy J. Gerstung Carmel, IN 46032 Indiana Gas Company, Inc. 1630 N. Meridian Street Indianapolis, IN 46202 George C. Moffitt 310 E. Main Street Carmel, IN 46032 Edward F. O' Brien, Jr. 19 Albert Court Kathleen M. O' Brien Carmel, IN 46032 Richard C. Pedigo 380 Carmel View Drive Judith J. Pedigo Carmel, IN 46032 Marilyn Thomas 80 4th Street, S .E. Carmel, IN 46032 TS/la:71 AUDITOR OF H ,MILTON COUNTY, INDIANA Page 5 (I a -We) Deborah L. Farmer being duly sworn depose and say that (I -We-j- ( am or the (owner )-) 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 or our) knowledge and belief. Signed : NDD � � Subscribed and sworn to before me this 18th day of June 1990 . • Notary Public Melanie Sue Flinchum Printed Resident of Hamilton County January 10, 1993 Commission expires Developmental Standards Variance $100 . 00 plus $50 . 00/additional Special Use 1 or 2 family residential $100 . 00 All other $250 . 00 Use Variance $250 . 00 Note: Use of rids Joan constitutes practice of law and a limited to practicing lawyers. ✓• • 83 5272 WARRANTY DEED 000K 336 700 PAGE THIS INDENTURE WITNESSETH,That CARMEL CHRISTIAN CHURCH ("Grantor"') V- of Hamilton County,In the State of Indiana " I,CONVEY_ AND WARRANT.. _to CARMEL • CLAY SCHOOLS Ir Hamilton of County, in the State of Indiana ,for the sum of One and 00/00 boilers(S 1.00 )and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County,in the State of Indiana: I Part of the East half of the Southwest Quarter of Section 30, Township 18 North, Range 4 Fast, Hamilton County, Indiana, more particularly described as follows: l Beginning at the Northwest-, corner of said Pelf Quarter Section, running thence East along the North line thereof 350 feet; i ' thence South parallel to the West line thereof, 746.74 feet; 1 thence West parallel to the North line thereof 350 feet to the West line of said Half-Q•..grter Section; thence North along said West line 746.74 feet to the point of beginning. i j Subject to payment of real estate taxes, assessed or due and payable hereinafter. „•s, Subject to all liens, restrictions, easements and rights-of-ways 3 of record. a I' This Instrument Recorded ) 1983 : — t t MARY L CLARK, RECORDER, HAMILT COUNTY, IND. An - ;� A -- i DULY ENTERED '"z''- �' '''"- / FOR TAXATION ` Ln ,,o C day - _..� •'r ri ,. 19Z- 5: Y .1:,0 ) Auditor ' Ha ton County ""` Perm10 /0-30-no-OD- r a6.oao f IN WITNESS WHEREOF,Grantor has executed this deed this day of t July 81 /') ARMI L C}i uS OI l BY: Signatur �`{ Signature �-X(C .. Q<, '..--e _ (SEAL) Printed CHARLOTTE R. SWAIN,Trustee Printed NEAL RANNDALT„ Truu�attee I 7 STATE OF INDIANA SignatureX�+ ;-0,-k-�-C, (SEAL) v A COUNTY OF SS: Printed DAVIT) BTILER,• Trustee h , c Trustee;°r ` RA jAtVc t�ruatd r s&C�ul itsdia �}? rson uajnee;�forLCATTF.RMFJI. SWAisITIAN -�-� nIcii A who acknowledged the execution of the foregoing Warrity Deed,and who,having been duly awottt, d gtat ., ? any representations therein contained are true. �/JT)` `1oS.,, w , E si Witness my hand and Notarial Seal this / - I 11day of '•I iv •,• /': • I I./ Z y commission expires Signature )-1 tt -.T a " 2 c p p h c, �Lf-1r e /!U_ 3 Printedl tC r III /'- thN�tary Pap e 1 { E o^ • Resir'ing in r / • v1r� r uii 1 ` N , This instrument was b THOMAS 0. CAi;TMEL, 9333 1, 14eridi ' a ����et Suite 110, Lndpls. ,ire 4ti i6u fiornly'at law. g (% Return to: 4 (tS Z1 ©Copyright, 1977, by Indianapolis Bar Association