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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
SPECIAL USE APPROVAL REQUEST
DOCKET NO.
DATE RECEIVED:
1)
Applicant: St. Elizabeth Ann Seton Parish
Address: 10655 Haverstick Road. CarmeL IN 46033
2)
Project Name: St. Elizabeth Seton
Phone No. 317-846-3850 (Rev. Theodore D. Rothrock)
Engineer/Architect: FanningIHowey Assoc.. Inc. (Dan Mader)
Phone: 317-848-0966
Attorney: Charles D. Frankenberger
Phone: 844-0106
3) Applicant's Status: (Check the appropriate response)
_ (a) The applicant's name is on the deed to the property
_ (b) The applicant is the contract purchaser of the property
-1L. ( c) Other: St. Elizabeth Ann Seton Parish is a member of The Roman Catholic
Diocese of Lafayette. Ind. Inc.
4) IfItem (3) (c) is checked, please complete the following:
Owner of the property involved: Roman Catholic Diocese of Lafayette Ind. Inc.
Owner's address: 10655 Haverstick Road. CarmeL Indiana 46033
5) Record of Ownership:
81-29969 (Book 329. page 79): 83-32303 (Book 168. page 682)~
83-5904 (Book 174. page 642)~ 83-10764 (Book 175. page 561)
6)
Common address of the property involved: 10655 Haverstick Road. CarmeL Indiana 46033
Legal description: See Exhibit A
Tax Map Parcel No.: 16-14-05-00-00-008.002~ 16-14-05-00-00-102
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7) State explanation of requested Special Use: See Exhibit IIBII
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet
entitled IIFindings ofFactll) See Exhibit IICII
9) Present zoning of the property (give exact classification): S-1
10) Present use of the property: Church
11) ,. Describe the proposed use of the property: Church
12) Is the property:
Owner occupied
Yes
Renter occupied
Other
13) 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.
No
14) Has work for which this Application is being filed already started? If answer is yes, give
details: No
Building Permit Number: N/ A
Builder: N/ A
15) If proposed appeal is granted, when will the work commence?
Immediately following approval
16) If the proposed appeal is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
The Applicant. its successors and assigns. lessees of the Applicant and subsequent owners
of the real estate.
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NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY
twenty-five (25) days prior to the public hearing date and should be published in the next available
publication date of The Carmel News Tribune. The certified "Proof of Publication" affidavit of both
newspapers 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 and abutting
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 RESPONSffiILITY OF THE
APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25)
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 Services.
The applicant certifies by signing this application that he/she has been advised that all
representations of the Department of Community Services are advisory only and that the applicant
should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her
attorney.
I, Jon Ogle, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true
and complete listing of the adjoining and adjacent property owners of the property described
herewith.
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AFFIDAVIT OF APPLICANT AND CONSENT OF OWNER
I, Rev. Theodore D. Rothrock, Pastor, on behalf of the Applicant, St. Elizabeth Ann Seton
Parish, of the property involved in this application, hereby swear that the foregoing signatures,
statements, and answers herein contained and the information herewith submitted are in all aspects
true and correct to the best of my knowledge and belief
By:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared Theodore
D. Rothrock, the Pastor ofSt. Elizabeth Ann Seton Parish, and acknowledged the execution of the
foregoing.
WITNESS my hand and Notarial Seal this / ~day of June, 2001.
My Commission Expires: ~~./. ~ ~
, Notary Public
Residing in County, Indiana.
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OWNER CONSENT
The owner hereby consents to this Application and authorizes Charles D. Frankenberger and
the law firm of Nelson & Frankenberger to appear and represent the Applicant and owner before the
Carmel Board of Zoning Appeals.
ROMAN CATHOLIC DIOCESE OF
LAFAYETTE IND. INC.
By:
(Name)
(Title)
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcel No. 16-14-05-00-00-008.002
Annexed to City of Carmel Under Ordinance No. C82A
Part of the West Half of the Southeast Quarter of Section 5, Township 17 North, Range 4 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning at the Southwest comer of the Southeast Quarter of Section 5, Township 17 North, Range 4 East;
thence North 00 degrees 00 minutes 05 seconds East (assumed bearing) on the West line of said Southeast
Quarter 650.24 feet to the centerline of an existing sanitary sewer; thence North 70 degrees 43 minutes 29
seconds East on said sewer centerline 218.62 feet to the center point of a manhole cover; thence North 34
degrees 52 minnutes 52 seconds East on said sewer centerline 319.75 feet to the center point ofa manhole
cover; thence North 34 degrees 56 minutes 10 seconds East on said sewer centerline 314.38 feet to the center
point of a manhole cover; thence North 81 degrees 49 minutes 06 seconds East on said sewer centerline 249.00
feet to the center point of a manhole cover; thence North 81 degrees 29 minutes 13 seconds East on said sewer
centerline 253.52 feet to the center point ofa manhole cover; thence North 69 degrees 41 minutes 38 seconds
East on said sewer centerline 186.33 feet to the center point of a manhole cover; thence South 42 degrees 22
minutes 15 seconds East on said sewer centerline and prolongation thereof 144.06 feet to the East line of the
West Half of said Southeast Quarter; thence South 00 degrees 04 minutes 4 seconds West on said East line
1288.17 feettothe South line of said Southeast Quarter; thence North 89 degrees 22 minutes 37 seconds West
on said South line 756.59 feet to a point 580.00 feet South 89 degrees 22 minutes 37 seconds East of the
Southwest comer of said Southeast Quarter; thence North 00 degrees 00 minutes 05 seconds East parallel with
the West line of said Southeast Quarter 267.60 feet; thence North 89 degrees 22 minutes 37 seconds West
parallel with said South line 365.00 feet; thence South 00 degrees 00 minutes 05 seconds West parallel with
said West line 267.60 feet to said South line; thence North 89 degrees 22 minutes 37 seconds West on said
South line 215.00 feet to the place of beginning, containing 32.349 acres, more or less.
Subject to the statutory easements for the rights-of-way for the W. C. Moffitt and Asa Williamson Legal Drains
crossing said real estate.
Subject also to a 30 foot wide utility easement across the Easterly 30 feet of said real estate per Instrument
recorded in Miscellaneous Record 99, .page 158 and Miscellaneous Record Ill, page 314.
Subject also to a storm sewer easement granted to the City of Carmel per Instrument recorded in Deed Record
274, pages 600-602.
Subject to a sanitary sewer, centered on the Northerly line of the above described real estate.
Subject further to all other legal easements and rights-of-way.
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EXHIBIT B
EXPLANATION OF SPECIAL USE REQUEST
The purpose of this special use request is (i) to renovate and enlarge St. Elizabeth Ann Seton's parking
lot and (ii) to extend St. Elizabeth Ann Seton's internal road to allow another means of ingress and egress.
These measures are necessary to address the needs of a growing congregation.
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EXHIBIT "C"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No,:
Petitioner: St. Elizabeth Ann Seton Parish
FINDINGS OF FACT - SPECIAL USE
I. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended Does/does not apply
and all prerequisites have been met by Petitioner as verified by the Technical Advisorv Committee.
2. The Special Use will be consi!:jtent with the Character and Permitted Land Use of the zoning district and
CarmeVClay Comprehensive Plan because a church and its related services are permitted special uses under the S-l
Residential District and are presumed to be apl>ropriate uses. This special use reQuest is merelv a reauest to modify
the existing parking lot and the road into and out of the parking lot per approved l>lans to accommodate the needs of
a growing congregation.
3. The Special Use is physically suitable for the land in question because a church and its related services
are l>ermitted special uses under the S-l Residential District. are presumed to be appropriate uses. This special use
reauest is merely a request to modify the existing parking lot and the road into and out of the parking lot per the
approved plans to accommodate the needs of a growing congregation.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because i!
church and its related services are permitted special uses under the S-l Residential District. are presumed to be
appropriate uses. This special use reQuest is merelva reQuest to modify the existing parking lot and the road into and
out of the parking lot per the approved plans to accommodate the needs of a growing congregation.
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 such services are already available
to the real estate and a church and its related services are permitted special uses under the S-l Residential District.
are presumed to be appropriate uses. This special use reQuest is merely a reQuest to modify the existing parking lot
and the road into and out of the parking lot per the approved plans to accommodate the needs of a growing
congregation.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.4 (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 CarmeVClay Board of Zoning Appeals that Special Use Docket No._
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
, 2001
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
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OWNER CONSENT
The owner hereby consents to this Application and authorizes Charles D. Frankenberger and
the law firm of Nelson & Frankenberger to appear and represent the Applicant and owner before the
Carmel Board of Zoning Appeals.
ROMAN CATHOLIC DIOCESE OF
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