HomeMy WebLinkAboutApplication
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ciTY OF CAR~~~'~-'~~Y TOWNSHIp-~
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HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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DOCKET NO.
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SPECIAL USE APPROVAL REQUEST "', (~/\-\-'-- ---'--'<<(/>
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Fee $630.00 / -' ~~~ ;.C~\
DATE RECEIVED: ~ \1 t~~\ ~_~I
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9919 Towne Road, Carmel, Indiana 46032 '-", "---. ----,-(S/
1 ) Applicant:
Address:
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Project Name: WckY' Farms, ILC
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Engi~e~r;Zchitect: . ~i~~Webb' ASsociates
Phone: 281-8606
Phone:' 574-0140
Attomey: .
Phone:
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3) Applicant's Status: (Check the appropriate response)
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(a) The applicant's name is on the deed to the property
(b) The applicant Is the contract purchaser of the 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, ILC
OWner's address:
9919 Towne Road, Cannel, Indiana 46032
Phone: 281-8606
5) Record of OWnership:
Deed book NoJlnstrument No.
Page:
Purchase Date:
June, 1999
6) Common address of the property involved: 9911 Towne Road
Legal description:
SEE ATrACHED
Tax Map Parcel No.:
7) State explanation of requested Special Use to reconstruct new, riding stable in
place of de1apidated ridi.ng stable for private use' only
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings
of Fact-Special Use"). . '
New and improved facility for private use. The proposed facility will have
one less horse stall, improved grooming area and tack facilities and house
maintenance farm implements
Page 1 of 8 - SpecIal Use ApplJcaUan
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p~sent z~nl~g of ih~p~p~ '(give ~~rit classification): "5-1
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Present use of the property: Legal Non-conforming use
9)
10)
11)
Size of lot/parcel in question:
5.93
acres
12) Describe the proposed use of the property: Legal non-confcn:ming use for agriculture
, use including a new riding stable
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'Is the property: "'\';I':,;c~ii'OwneroccLipiea
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Are thereanyrestrictions:"laws;"covenants, varlances~ special uses, clr ?ppeals flied In connection' with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date ,a'nd docket
m.imber, decision rEmdered and pertinent explanation. ' ',' ," ,. ,'. , .
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Has w~rk for which this application Is being filed already started? If answer Is yes, give details:
Building Permit Number:
Builder: FBI Buildin.Rs
16) If proposed special use is granted, when will the work commence? ASAP
15)
17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
I.11Cky Fanns, u..c
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 LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
Page 2 of 8 - SpecIel Un Application
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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 all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalfwith regard
to this application and subsequent hearings and testimony. I I
S' I ~'25 vI
(Property Owner, Property Owner's Attorn (Date)
or Property Owner's Power of Attorney)
Wat~~ c. D()~~S
(Please Print)
STATE OF INDIANA
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County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
for --1'-\ f\i1l 0 rJ
(Notary Public's county of residence)
County, State of Indiana, personally appeared
\0 l\ L (A V"\ C ~bb~
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument
this
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day of
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(SEAL)
Notary Public-Signature
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Notary Public-Please Print
5-3-ttl
(SEAL)
My commission expires:
Page 4 of e - 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"
(Ucapped 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 II
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 comer 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 w/cap 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 comer 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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FINDINGS OF FACT. SPECIAL USE
Docket No.:
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
~U- (pz. -01
Lucky Fanns, lJ...C
Petitioner:
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (~ (does not) applYaA&
all Flrsr8~~iBitBs Rave BeeR "",et by PetitisRer B8 ';erified by:
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and
CarmeUClay Comprehensive Plan because:
the proposed use matches the legally established non-conforming use of
the property over the last 50 years
3. The Special Use is physically suitable for the land In question because:
the proposed area is apennitted 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:
The 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 propert;
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 pollee or fire protection because:
All necessary 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\Speclal Use Application
Revised 10/17/2000
Page 8 of 8 - Special Use AppllcaUon
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL BOARD OF ZONING APPEALS
Docket No.
SU-roZ,-OI
Notice is hereby given that the CarmeVClay Board of Zoning Appeals meeting on the
Jt.n1e
,20
01
at 7:00 pm in the City Council Chambers, 2nd floor
of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Special Use application
to allow a 12,096 sq. ft. (legal non-confonning use) riding stable to be
reconstructed over the fOtmdation at a delapidated riding stable
of equal or less capacity
property being known as
lucky Farms, ILC @ 9911 Towne Road
The application is Identified as Docket No.
!>V-~Z,-Ol
The real estate affected by said application is described as follows:
SEE ATTACHED
(Insert Legal Description)
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 lllcky Farms
PETITIONERS
Page 5 of 8 - 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 comer 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 II
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 comer
of said Southwest Quarter, said point also being the Northwest comer 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 w/cap marked "Weihe Engr LS 0012" ("capped rebarj; 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 comer 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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"FBi was the onl9compaIlY that real19understood and
'.provided engineering and design solutions. It was obvious
they had the technical expertise to meet my needs."
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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
stmctures-the cupolas, steeper roof
lines, cross-bucked du tch doors, and
large overhangs with inviting porches.
Horse barns are not ag buildings
with stalls. Not in reality, and definitely
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- HOlI'ard petcrsoll,~m1/cI, TN
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not in attitu 't.~' dli~.Qers and
. engideers, w a c~ncern for both
function and aestR~~s, work with you
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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 ricler are a
top priority for FBi-as we 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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