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HomeMy WebLinkAboutPacket I D U U o o o D '0 '0 o o o o o o 10 o o o Carmel Board of Zoning Appeals LUCKY FARMS, LLC For Special Use Approval SU-62-01 JUNE 14,2001 D D D o o o o o o o o o o o o D o D o Table of Contents 1 Project Narrative 2 Vicinity Map 3 Proposed Site Plan 4 Colored Renderings 5 Special Use Application u u u KEELER -WEBB ASSOCIATES Consulting Engineers' Planners. Surveyors TELEPHONE (317) 574-0140 . FAX (317) 574-1269 486 GRADLE DRIVE CARMEL. INDIANA 46032 u u u u u o u u June 14, 2001 Board of Zoning Appeals Member Carmel Department of Community Services One Civic Square Carmel, IN 46032 Re.: LUCKY FARMS, LLC 9911 Towne Road . Carmel, Indiana KWA Proj. No. 0102-014 PROJECT NARRATIVE Keeler-Webb Associates is acting as agent and engineer for Lucky Farms LLC, who is the owner/developer of the above property. The project site lies within an existing 5.93 Ac. +/- parcel and is currently being used as a farm. The owner's plan is to operate the proposed riding stable as private property for personal use only. ~ \ U This special use request has been necessary to file with the BZA for review and approval due to the following history and circumstances: . This parcel was used as a residence with an accessory uses of farm and riding stable for approximately 50 years (legally established pre-existing non-conforming use). . This parcel is adjoining a parcel Idylwild owned by Lucky Farms LLC, which has been used as a residence with an accessory uses of farm and riding stable for approximately 50 years (legally established pre-existing non-conforming use). . When the Carmel Zoning Ordinance went into effect, this real estate was zoned S-1 and the pre-existing riding stable use was classified as a legally established pre-existing non~ conforming use. . Due to the condition of the dilapidated wood pole barn on the subject real estate, the barn was demolished with a permit on or about March 15, 2001. This 8,956 sq. ft. stable had a capacity of 25 stalls in poor condition and many were not of sufficient size to accommodate mother and colt together in a stall. . A Special Use application to reestablish the use of the subject real estate as a riding stable was filed on April 27, 2001. . Jeff Kendall issued a building permit on or about May 1, 2001 for an agricultural barn. This was done so that the barn construction may begin and the structure can be completed by the end of August. The owner has a commitment with several charitable groups to provide stalls for underprivileged and disabled riders using the Idylwild stables by September 1, 2001. Therefore, Lucky Farms LLC needs to relocate their horses to a new facility. The owners agreed and understand that the permitted barn cannot board any horses until this Special Use is approved. We propose to construct a new single story structure containing 12,096 sq. ft., which will face the south. The new barn provides comfort and safety to horses and riders alike. Included in the new structure are 24 stalls, tack rooms, dry feed storage, ease and confined waste disposal, proper ventilation, farm equipment storage and private club room. The building includes cupolas, steeper rooflines, cross-bucked, Dutch doors and large overhangs with porches. u u u u u u u Indianapolis, IN. Chicago, IL . St. Louis, MO . Cincinnati, OH. lienderson, KY. Jacksonville, FL u o u o o u u u o o o u o u u u o u u All utilities are either available on site or in the adjacent right-of-way. An existing asphalt driveway provides access for use by the owners and employees who will operate out of this building on a daily basis. The stormwater drainage will not be altered in any manner from the existing conditions. The overall impervious area will be reduced with the installation of the new barn. This project was reviewed by the City of Carmel TAC. Meeting held on May 16, 2001. Floor plans, elevations, and a digital colored rendering are included in this packet. If you have any questions or concerns, please do not hesitate to contact us at any time. Respectfully, KEELER-WEBB ASSOCIATES ~j);#- Adam DeHart, LS Project Manager 0102-014.doc IU o I'd '~"', , ,:...~ .. ~ J'" >:.\~....' ,~. ....:dm,.&~t~\ o o o o o u o o o o o o o o o o o SITE LOCATION MAP SCALE: 1. = 200' ~ ..." e 88.51'[:' 6W ~ 4 ............----- --i.......-1 I I ~ I x8. I ; X 8p9. 1-.-" I I f-- . I I I : i...~ / I --t-----]869.;--;1~9.7 --I \ X I 11 I \ I I I 1 \ 'Ll \ 1,r1 \, I I I i i\ ___~'_-~---~~19.5/ Q___ I--~-- 1 870.Dx869.0 ii" '\ X 866.2 I ~-L \ 'L : I " / I . 1// / X86~3 ru ---Y \ '-.. , '-.. , "-"~ '- " 1 J , / /' r----, i I /. 8I'N'2t" . . 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An equine facility emanates the love affair between man and horse. It shows in the attention to detail that horse- owners incorporate into their equine structures-the cupolas. steeper roof lines. cross-bucked dutch doors. and large overhangs with inviting porches. Horse barns are not ag buildings with stalls. Not in reality. and definitely ',,\", ''m ~..,.~'1JI.,~ ~}JiC~~ ... ~~~ ~ ~ .' So.': ~ l;1i "'Vol ~'lt ~ 'fjtI e =- Ill!;l!~ i .. - HVll'ard Petersoll. Canllel. IN not in attitude. FBi designers and engineers. with a concern for both function and aesthetics. work with you to make sure your new horse barn matches your vision... your dreams. HORSE FACILITIES TO PROMOTE COMFORT AND SAFETY. Regardless of the size of your building or budget. health and safety considerations for horse and rider are a top priority for FBi-as "ve know they are for you. FBi's complete flexibility enables us to meet your personal criteria in the design and function of such issues as: . Proper ventilation and fresh air . Convenient and sanitary water supply and drainage . Dry feed storage . Ease of waste disposal . Convenient and safe accesses . Adequate lighting . Safe. durable stalls ~ !\l 1 ...J L:J r:::=:J L:J c:= r-------- I I I n- artier I UlBEJ IIQI) <,1:) I I I I,~) I ~ (!12! -' . ~~~~) <,C) ~ ~I l~ ~ "-= 'I~~! I I I I I I I I I I I I I I I I I I I I I I I L__________.. ~I- W.\Stl bAY UQ;D BA1~1 ,\,~,\ -1JiITJ ~J A.4MI MM) @l lC..:.~'1 ~ ------ iUli 8) ;;TN) ~ _C._ ______ _ ;_ _1_ _:_ _I___L E=:J :'..~ ~l r.:2i(l ~1<6> €iliJ (:>,€iliJ ,/ (~>~ ~J<'[> 12' ~ 12' STALL 12 ~ 12 .:JrNl 12 . j 2 5T.'\Ll J 2' j( J 2 51 All 12'. 12 STALL ~~llf!:~1 '-,.5PJI[0 ~~Iif:0 ~ if:0 o r.:.'~~~. _,=-:-~,"=:~._,_'n__. (uc) ( :. '~5i G_~~) (c5i (~~) ~-o2) (i~ (3 j ;,.{;I-' ~]EI If~~l f~~J 1\::.r,'J f~f!:1 I@ ~ 1Gi7) IG.r I 12 . 12" ~1f,lL ! 2 ~ t 2 :)T,\ll J 2 " 12' STALL ~ 2'. I 2 51.\ll. 1~1 iOD ~ T 12' J( 12' 5TML ~ If:!:!) ("-:4:::) (51 (i5:5) r G.0J '1\ ;' \ I . i I I I wASr1 BAY ~ \ \ @ ~J \ 1fT.1l \- \ (E":"i7.) .- / li,-.BI 16oiili) t&griJ 1:,2NI ",2',1 l' I I 1 I -,I L4' '!\ 40i II) ~/ I ! ':5. If~1 CLUB ROOM -- [ill2] .---- lG:l: IL-=::l i I , i ~~:I , I 1'- -- 1 \ 1'0' I ..:...~ Il. _. -~..A":-~ V ~.I'_E' :.:::....:::::: t'i~TC! I --- ---. /. e, ~5"~ .', ,t'\',' II: _. , ~,' ; . Ii:: ':~j I Il':'D~T lei nnlQ DI ^'" ! i x= w €;) @l (~~ /~,P= \~~ LA.Uti:Jj<~' mw <:/ iI:~ 1 I I <~, l / 2 \ 1~~\40~ IY I 1 I 1 I I I I I@ If':;-I '"PI / -L:::::J -CJ -- --t=J I[illi) -2\; ~--,...,_.... '~. ' ~" , ./ '-,lA."2-7,1 I.':'-=~:." "A, ,> 12'. 12 ',' 5TN' 1 -, ~~~ ~ ~tl::: I (2; I .,/ i I I I 1:;;2, 16 ~fC.t,/l I I 12 ,( I:..' ~T'\!..L r~ :.-:-:::'~~::m I'~':': ~J !~ 1j.'l14J ! 2'. 12 5T;,u I~ ~ lD-'J @ t31 -, 10.,_, 10,','1 "'Old 12',( 12' 12 . I:: STALL :;oT,f.,U. ~ CF==' -\- '~r - .. I ~-, ~o,-j ~. I[~ -==1::::] --..~ ..: -l~=-- ~"i:']~ I - - .- -~ I I ,_ ,- I - -- I . _.c.. 1 . ".': ~ Ii ~ ':), i i .,i.. ----. ,. ;', i i I I ! i _,.:.c__leo._ L: .. I- I I , .,! .::::~- -..-- -. "I I ! i'" ~.~~:~...:.:.:..:::.:~) ~ :~~ ._"._.~ : I I I 1 I I i I I I I I I 1 I I I 1 1 -.I --_:"::',:.'-~ ,,' '" , .'.' ,I ~.' ;.,.~:i':,::,11 ud '-.t'.', --hi -1 J ---1 "".'!;.' --'.I:--~; u- D- O o o o u u o o o o o u u o o o o . "'.~~~-,~~:; o,~ ~~~?:~t~k~E~j~f~~~~~~;;~;~tt~2t~~~~',~:~~~~~~~-.~ ~'j:';:-'~ CITY OF CARMEL ~ CLAY TOWNSHIP . SPECIAL USE APPROVAL REQUEST Fee $630.00 DOCKET NO. ~u' "Z,ol DATE RECEIVED: 1 ) Applicant: lllcky Fams, u.c Address: 9919 Towne Road, Carmel, Indiana 46032 2) Project Name: lllcky Farms, lLC " \~"{,;~,:,,;'i.~:S~ :'~r'J;\,r~<~';r,~">: " .', . 'c".' ..,..... -- "'.' :.-.'..:-' ...: Phone: 281-8606 . '. .' ....::~;/'.~;;,i;~e~~~;\'r:i'i~~~i#~;;?;_;;-::.;-: Engineer/Architect: Keeler-Webb AssoCl.ates...".c",;:,,,,,,,',, <. Phone: 574-0140 Attorney: N/A .' ""';;~~,[i.~Bf;tjl~ft;~~::;:;~~;y Phone: .'~~~'~~i.";',.~il : ~,:.~: ; ~;';_'~~ ",;' 3) Applicant's Status: (Check the appropriate resp~ns~f"~\; , ..', ,;\.-,':? ,'.:' ~;, <," :. . . '!~' .,j.f'_....: '... ':-'" ;':". _~ / ':_ X (a) The applicant's name is on the deed taCtile'property , '-->'~.",:'>':~t:'.?t'r~:~:-~.~'~'<\;" <:.' (b) The applicant is the contract purchaser.Ofthe property , :' .:~.;;::~;"\.:: ,'_, .: ':. ,. l ; /. :~,. " '!t:' .;" .'0. ~ <'-::f: """:;\(.;;~~'~" (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property Involved: Lucky Farms, u.c Owner's address: 9919 Towne Road, Carmel, Indiana 46032 Phone: 281-8606 5) Record of Ownership: Deed book No.llnstrument No. Page: Purchase Date: June, 1999 6) Common address of the property involved: 9911 Towne Road Legal description: SEE ATTACHED 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use"). New arid improved facility for. private use. The proposed facility will have one less horse stall, improved groaning area and tack facilities and house maintenance farm implements Page 1 of a - Spedal Use AppIlcaUan I 'u 0" o o o o u 'W o o o o o o u o o o o 9) Present zoning of the property (give exact classification): 8-1 10) Present use of the property: Legal Non-confOl:ming use 11 ) Size of lot/parcel in question: 5.93 acres 12) Describe the proposed use of the property: Legal non-confonning use for agriculture use including a new riding stable 13) Is the property: Owner occupied yes Renter occupied Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. N/A 15) Has work for which this application Is being filed already started? If answer is yes, give details: Building Permit Number: Builder: FBI BuildinRs 16) If proposed special use is granted, when will the work commence? ASAP 17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this application has been filed? Lucky Farms, ILC NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer a MANDATORY twenty-five (25) days prior to the public hearing date", The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-fIVe (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST1WENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. Page 2 of 8 - Special Use Appllca6cn u u o D D D o U D o o o o u U D D o o AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in aU respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. . I Ii //1 / ' Slg,,~t(L~/M ~/L:', c'! (Property Owner, Property Owner's Attorne'y / (Date) or Property Owner's Power of Attorney) C0,; l t H ~" C. Du ~ \J S (Please Print) STATE OF INDIANA County of S5: /1 A: jV\ l l-- To t~ (County in which notarization takes place) Before me the undersigned, a Notary Public for .---J\"'~ ~L l (> (0 (Notary Public's county of residence) County, State of Indiana, personally appeared \!J ,i" ~ \ C\ .,,'V\ C ~\o t:) -2> (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this /,1 C < ) day of ~Yl/:iL ,20 () \ ~i'l\ ' ~I V V/vVJ..L,-, \) Notary Public--Signature , (-4-~ (SEAL) I I II -'I " ~ \; ~ "^- v .' -,-,- V\ t / V~. 1_ 6 ;'. (SEAL) Notary Public--Please Print '5 - 3- C,' I My commission expires: Page 4 of a .- Special Use Application U HAMILTON COUNTY AUDITOR I, ROBIN MILLS, AUDITOR OF HAMILTON COUNTY, INDIANA, U CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABUTTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS D SUBJECT PROPERTY. o THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL o ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. o ROBIN MILLS, HAMIL TON COUNTY AUDITOR U DATED ~lc/f1^r)J / U D o D D o o U D D D 01-0J-['1 D Wednesday, May OZ, ZOO1 Page 1 of1 ID o u u o o o D o D o o o o U D o o o HAMILTON COUNTY NOIlRCAIION UST PREPARED BY 111 HAMlTON coum AIDTDRS DfflCE.IIVISION OF TAX MAPPING USTED B8.0W ARE SUB.ICT PRDPERIB ( SlUCT MARKED IN YRLOM SUBJECT 17 13-09-00-00-028-000 WILLIAM H & CLAUDIA S PRICE 9911 TOWNE RD CARMEL IN 46032 17 13-09-00-00-028-001 LUCKY LLC 2749 TOBEY DR INDIANAPOLIS IN 46219 D IN 46032 D D ----17-13-08~OO~()O-()07~OO--3--- TOWNE PARTNERS LLC D 9920 TOWNE RD CARMEL D -- .-1i-1-3~08--00~OO-008~0()O STEPHEN C & SUSAN RENEE WILSON D 9850 TOWNE RD CARMEL D o D o D o o o D 46032 IN 46032 IN 46032 17 13-08-00-00-009-000 STEPHEN C & SUSAN RENEE WILSON 9850 TOWNE RD CARMEL IN 46032 17 13-09-00-00-026-000 LISA MCKINNEY & PHIL J GOLDNER 9779 TOWNE RD CARMEL IN 46032 17 13-09-00-00-027-000 ROBERT H MCKINNEY 9779 TOWNE RD CARMEL IN 46032 17 13-09-00-00-029-000 LUCKY LLC 2643 TOWNE DR CARMEL IN 46032 .._-~._-_."-~ "-.-----.-..-.-.----^-.- _._---~- --- --- ---~-~._--~-~....~--~_.~-"----_."_._-_. ~-- u U D o D D o o o o D D o o o o o o o 17 13-09-00-11-012-000 LUCKY LLC 2643 TOWNE DR CARMEL IN 46032 U D U D IU D o o D D D o D D D U D ID U I ~ ~ ~ ~ a g 81 g 5 a ~ ~ ~ II ~; '" ~ p ~; c ~ :'j z ! !:i ~ @ g ~ a 1lO_ a j i G) - . !!! ~ ~. -' ~ ~ € I @ Cl Z ~ ~ I- ~ ~ CD; 8 ; i ~ ~ a~ ~ a.. ('t) N co LO N ~ ~ o - N o - LO o C C> -c Co I ~ ..... (/) Q) ~ nJ <3 --- (j) u .... nJ .9- u. u. U D U D o D o D D D D D D D D U D NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. ~V-fo2--t>1 Notice is hereby given that the CarmeVClay Board of Zoning Appeals meeting on the 25th ,..":~it~:;" ';;of June , 20 01 at 7:00 pm in the City Council Chamb:rS: 2nd~~or ""'}~t,f~,\:~~. ,.~,~~?ti1f.~: of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Special Use, ~a plication' to allow a 12,096 sq. ft. (legal non~confolllli.ng use) riding stable to be <~t reconstructed over the foundation at a delapidated riding stable of equal or less capacity , '~;~~-;:, ", ,:;~" ..;t.> <,(!.;. . "" e Lucky Farms, lLC @ 9911 Towne Road property being known as The application is identified as Docket No. S'V-"2-~J The real estate affected by said application is described as follows: SEE ATTACHED (Insert Legal Description) - ';f~:" < . All interested persons desiring to present their views on the above application, either in writing or verbally, will be given .' an opportunity to be heard at the above-mentioned time and place. Adam DeHart for Lucky Fanns PETITIONERS Page 5 of B - SpecIal Use APPlication u U D D D U D U D 10 D D o U U D j J J LAND DESCRIPTION FOR PARCEL I A part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 17 North. Range 3 East. Hamilton County, Indiana. being more particularly described as follows: Commencing and beginning at a point on the West line of the Northwest Quarter of the Southwest Quarter of Section 9, Township 17 North, Range 3 East, Hamilton County, Indiana. said point being South 00 degrees 25 minutes 23 seconds East (assumed bearing) 485.5 feet from the Northwest corner of said Southwest Quarter, said point also being the Northwest corner of the Real Estate described in Deed Book 354. Page 365 in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees 51 minutes 16 seconds East parallel with the North line of said Southwest Quarter a distance of 914.1 feet to the Northeast corner of said Real Estate; thence South 00 degrees 25 minutes 23 seconds East parallel with the West line of said Southwest Quarter a distance of 282.7 feet; thence South 88 degrees 51 minutes 16 seconds West parallel with the North line of said Southwest Quarter and on the South line of said Real Estate a distance of 543.33 feet to a 5/8 inch rebar with cap marked "Weihe Engr LS 0012" ("capped rebar"); thence North 00 degrees 02 minutes 17 seconds West along an existing plastic fence a distance of 201.37 feet to a capped rebar; thence North 89 degrees 54 minutes 25 seconds West a distance of 372.11 feet to the West line of said Southwest Quarter, said point being marked by a PK Nail; thence North 00 degrees 25 minutes 23 seconds West a distance of 73.31 feet to the point of beginning, containing 4.18 acres, more or less. Subject to the right-of-way of Towne Road. Subject to the statutory easement for the Fitch and Jessup regulated drain. Subject to all easements. restrictions, and rights of way of record. u o o o o U D D .0 o o D D U o o u o o LAND DESCRIPTION FOR PARCEL 1/ A part of the Northwest Quarter of the Southwest Quarter of Section 9. Township 17 North, Range 3 East, Hamilton County, Indiana, being more particularly described as follows: Commencing at a point on the West line of the Northwest Quarter of the Southwest Quarter of Section 9, Township 17 North, Range 3 East, Hamilton County, Indiana, said point being South 00 degrees 25 minutes 23 seconds East (assumed bearing) 485.5 feet from the northwest corner of said Southwest Quarter, said point also being the Northwest corner of the Real Estate described in Deed Book 354, Page 365 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 25 minutes 23 seconds East on said west line a distance of 73.31 feet to the point of beginning of the herein described Real Estate. said point being marked by a PK nail; thence South 89 degrees 54 minutes 25 seconds East a distance of 372.11 feet to a 5/8 inch rebar wlcap marked .Weihe Engr LS 0012- (-capped rebar"); thence South 00 degrees 02 minutes 17 seconds East along an existing plastic fence a distance of 201.37 feet to a point on the south line of said Real Estate described in Deed Book 354, Page 365, said point being marked by a capped rebar; thence South 88 degrees 51 minutes 16 seconds West parallel with the north line of said Southwest Quarter a distance of 370.77 feet to the southwest corner of said Real Estate; thence North 00 degrees 25 minutes 23 seconds West on the west line of said Southwest Quarter a distance of 209.39 feet to the point of beginning, containing 1.75 acres, more or less u. o. o o D D U U o o o o o o u o o o o .~'. '.~ . -~ PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEUCLAY BOARD OF ZONING APPEALS I (WE) Keeler-Webb Associates for Lucky Fanns DO HEREBY CERTIFY THAT A LEGAL (Petitioner's Name) NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING DOCKET NUMBER .$()- (P'2.-ol , WAS GIVEN AT LEAST lWENTY-FIVE (25) DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED OF ADJOINING AND ABUTTING PROPERTY OWNERS: OWNER SEE AITACHED LIST ADDRESS STATE OF INDIANA SS: The undersigned. swear thet the above information is in a~ects is true and correct to the best of my knowledge and belief. ~~ . Signature of Petitioner County of I-IAMlt...TO,v (County in which notarization takes place) for J'v1.A./)1 So~ (Notary Public's county of residence) ~ /je ~ (Property Owner, Attorney, or Power of Attomey) thiS~ r!!- day of MAl ,"l\'I'!)II))IIII'1 , \ ,)/ r j " Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument . I. (SEAL) 'I ", I: 20 0\ ~:;;wre ~~Co 5 . \\-A~E Notary Public-Please Print E)CP. ~-Z3-o7 '~. (~ _ ";1 ~,', /\ \, (- \ ill Page 6 of 8 - Special Use Application l!ful\j" 0 0 0 u '0 0 0 [J 0 0 0 0 0 0 u 0 0 0 D My commission expires: CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : SU-62-01 Petitioner: Lucky Farms. LLC 1. FINDINGS OF FACT. SPECIAL USE (Ballot Sheet) The Special Use in Flood Plain District 4 Oro1nance z-160.. Section 21.6 as amended (does not apply. 2. The Special Use will be consistent with the Character and Pennitted Land Use of the zoning district and Cannel/Clay Camprehensi ve Plan because: the proposed use matches the legally estabJished non-confornL1.ng. use of the property over the 1ast 50 years. 3. The Special Use is physically sui table for the land in questions because: the pro- posed area is a pennitted Special Use per 8-1 zoning classification 4. The Special Use will not injuriously or adversely affect the adj acent land or property values because: the p~posed use is permitted Special per S-l zoning classification and the use is the same or s:im11ar to lega~ non-conforming uses'- on adj acent property. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow. nor the adequate availability of water. sewage4 or storm drainage facilities, or pollce or fire protection because: all necessary utilities are available to the site; improvedaccess has been made for emergency services and adequate provisions are ill place to rn1n:im1ze :impact for vehicular traffic. 6. The Beam has reviewed the requ:1.rements of Ordinance z-1604 Section 21..3 (1-25) as they relate to tW.s Special Use. and does not find that those crltena prevent the granting of the Special Use: TRUE DATED THIS DAY OF ,20_. Board Member Page 7 of 8 - Special Use AppUcaUan u o D o D o o u o o o o o u U D o o o Docket No.: CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA ~U- roz. -01 Lucky Farms, ILC Petitioner: FINDINGS OF FACT - SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (~ (does not) apply.aAfJ. all pfeFBEfl::liaites !:lave seBR ff1et sy PetitleRer Be '..efifieel by: 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because: the proposed use matches the legally established non-conforming use of the proPerty over the last 50 vears 3. The Special Use is physically suitable for the land in question because: the proPosed area is a pennitted Special Use per S-l zoning classification , and has been reviewed and approved bv the Teclmical Advisory Conmittee 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: TIle proPosed use is pennitted Special Use per S-l zoning classification and the use is the same or similar to . legal non-confonning uses on adjacent property 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 necessarv utilities are available to the site; improved access has been made. for emergency services and adequate provisions are in place to minimize impact to vehicular traffic . . . . 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: TRUE DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number 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/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). s:\forms\Special Use Application Revised 10/17/2000 Page B of B - Special Use AppUcaUon