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Carmel Board of Zoning Appeals
LUCKY FARMS, LLC
For Special Use Approval
SU-62-01
JUNE 14,2001
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Table of Contents
1 Project Narrative
2 Vicinity Map
3 Proposed Site Plan
4 Colored Renderings
5 Special Use Application
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KEELER -WEBB ASSOCIATES
Consulting Engineers' Planners. Surveyors
TELEPHONE (317) 574-0140 . FAX (317) 574-1269
486 GRADLE DRIVE
CARMEL. INDIANA 46032
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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.
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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.
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Indianapolis, IN. Chicago, IL . St. Louis, MO . Cincinnati, OH. lienderson, KY. Jacksonville, FL
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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
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SITE LOCATION MAP
SCALE: 1. = 200'
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"FBi was the only compal1Y that really understood and
provided engineering and design solutions. It was obvious
they had the technical expertise to meet my needs."
A STRUCTURE BEFITTING
HORSE, LAND AND PEOPLE.
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
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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
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CITY OF CARMEL ~ CLAY TOWNSHIP
. SPECIAL USE APPROVAL REQUEST
Fee $630.00
DOCKET NO.
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DATE RECEIVED:
1 ) Applicant: lllcky Fams, u.c
Address: 9919 Towne Road, Carmel, Indiana 46032
2)
Project Name:
lllcky Farms, lLC
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Phone: 281-8606
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Engineer/Architect: Keeler-Webb AssoCl.ates...".c",;:,,,,,,,',, <. Phone: 574-0140
Attorney:
N/A
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Phone:
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3) Applicant's Status: (Check the appropriate resp~ns~f"~\; ,
..', ,;\.-,':? ,'.:' ~;, <," :.
. . '!~' .,j.f'_....: '... ':-'" ;':". _~ / ':_
X (a) The applicant's name is on the deed taCtile'property
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(b) The applicant is the contract purchaser.Ofthe property
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(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
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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
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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 () \
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~I V V/vVJ..L,-, \)
Notary Public--Signature
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(SEAL)
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(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
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01-0J-['1
D Wednesday, May OZ, ZOO1
Page 1 of1
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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
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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
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17 13-09-00-11-012-000
LUCKY LLC
2643 TOWNE DR
CARMEL
IN
46032
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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
,
'~;~~-;:,
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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
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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.
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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
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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
, \ ,)/
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Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument
. I. (SEAL)
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20 0\
~:;;wre
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Notary Public-Please Print
E)CP. ~-Z3-o7
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Page 6 of 8 - Special Use Application
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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
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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