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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS
SPECIAL USE APPROVAL REQUEST
Amend
DOCKET NO.
DATE RECEIVED:
1) Applicant: Northview Christian Life Church. Inc.
Address: 5535 E. 131st Street. Carmel. IN 46033
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2) Project Name: Expansion-Education & Parking Phone:(317) 846-2884 (Attn: Mark Thomas)
Engineer/Architect: CSO Architects Phone: (317) 848-7800
Attorney: Nelson & Frankenberger Phone: (317) 844-0106
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) IfItem (3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
5) Record of Ownership:
Instrument # 8515410
Page: n/a
Purchase Date: 10/01/85
6) Common address of the property involved: 5535 E. 1318t Street
Legal description: See Exhibit A
Tax Map Parcel No.: 10-28-00-00-040-000
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7) State explanation of requested Special Use:
See Exhibit B
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet
entitled "Findings of Fact")
See Exhibit C
9) Present zoning of the property (give exact classification): S-1 Residence District
10) Present use of the property: Church
11) Describe the proposed use of the property: Church
12) Is the property:
Owner occupied
x
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:
Builder:
15) If proposed appeal is granted, when will the work commence?
FalL 2001
16) If the proposed appeal is granted, who will operate and/or use the proposed improvement for
which this application has been filed?
Applicant. its members. guests and invitees. and its successors and assigns
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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 IIProof of Publication II affidavits 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 advise 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.
See Exhibit D
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AFFIDA VIT
I, James 1. Nelson, Attorney for the Applicant and Owner 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.
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared Charles
D. Frankenberger, Attorney for Applicant and Owner, and acknowledged the execution of the
foregoing.
M3 Commission Expires:
(0 - 9 J../ - .cr()CY'I
WITNESS my hand and Notarial Seal this 8th day of August, 2001.
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Printed Name
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eSl lngln~~ounty
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8515410
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DEED
THIS INDENTURE WITiiESSETH TIlAT:
THE STA~E OF INDIANA, for the use and benefit of The Trustees
of Purdue Uni~drsit!', as GRARTOR, CONVEYS TO THE NOR'J'HV1.EW
CHRISTIAN LIFE CHURCa, INC., as GRANTEE, for and in con-
sideration ;. i the payment of Seven Hundred Forty-Thr",e
Thousand One Runared Six Do1~ars ($743,106.00), receipt of
which is hereby acknow~edqed, the fo11owinq d\!scribed real
estate, located in Hamilton County, Indiana:
A part of the Sou~;east Qua~ter of Section Twenty-
eiqht (28), Township Eighteen (18) Horth, Ranqe
Four (4) Eas:;; ~ in Hamil ton County, Indiana,
dnscribed ~s follows:
Beqinninq at the Northeast Corner of the SOuth-
east Quarter (1/4) of Section Twenty-eight ~.
Township Eiqhtaen (18) Horth, Range Foar (4 3:
Bast; running thence South on the East line ~
said Quarter Section Nineteen Hundred and ~~-<
(1902.0) feet; thence West Eighteen hundred :a::fir
fifty-nine and seven tenths (1859.7) feet; 2i
thence North Nineteen hundred and ten (1910. a::
feet to the Horth 1:i.ne of said Quarter Sect ;$1(
thence East on the Herth line of said Quarter
Section Eighteen Hundred seventy-two and eight
tenths (1872.8) feet to the place of beqinninq,
containing Bighty-one an~ sixty-six hundredths
(81.66) acres, more or 1esp.
Subject to the right of way of East 131st Street.
Subject to the statutory easement for the S. H.
Moffitt Leqa! Drain.
Subject furtheJ: ;:0 any other 1eqa1 easements
er rights of way. This lasIrument ReconIed ~/.& 1985
__ L CIaIt. Recorder, . Col:otJ, lad.
IN lCTHBSS WHEREOF, the State of :Indiana, act-
ing for the use .ud benefit of The Trustees of Purdue
University, has '" .lused this Deed to be executed by the
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Governor of tlte St3te of :Indiana, attested by t:he Auditor
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DULY 'JJ:J:Jroa TAXATION
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EXHmIT "B"
EXPLANATION OF SPECIAL USE AMENDMENT
The Applicant, Northview Christian Life Church is requesting an Amendment to the
Special Use permitting the expansion of it's existing religious educational facilities by the
addition of three (3) modular buildings, each twenty-four (24) feet by forty-four (44) feet in size
per the plans filed with the Department of Community Development. The Applicant represents
and warrants to the Carmel Board of Zoning Appeals that use of the modular buildings shall
cease and the buildings removed from the Real Estate on or before December 31,2004.
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
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Petitioner: Northview Christian Life Church, Inc.
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended
Does apply and all prerequisites have been met by Petitioner as verified by Petitioner.
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 expansion is a temporary
extension of an existing and approved permitted special use and is presumed appropriate, no
evidence was presented contrary to such presumption and compliance, compatibility and impact
were favorably considered as part of the TAC review process.
3. The Special Use is physically suitable for the land in question because_the expansion
is a temporary extension of an existing and approved permitted special use and is presumed
appropriate, no evidence was presented contrary to such presumption and compliance
compatibility and impact were favorably considered as part of the TAC review process.
4. The Special Use will not injuriously or adversely affect the adjacent land or property
values because the expansion is a temporary extension of an existing and approved permitted
special use and is presumed appropriate, no evidence was presented contrary to such
presumption and compliance compatibility and impact were favorably considered as part of the
T AC review process.
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 municipal services are now provided to the church, and the requested expansion
does not impact existing services.
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 Carmel/Clay 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 22nd day of October, 2001
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).
H:\Kelly\Jim N\Northview Church\f off - special use. doc
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9307166
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COMMITMENTS CONCERNING THE
USE AND DEVELOPMENT OF REAL ESTATE
Northview Christian Life Church, Inc. (hereinafter "Owner"), the owner of the real
estate located in Hamilton County, Indiana and described in Exhibit A hereto (hereafter
"Real Estate") makes the following ComtnitmentF; to the Carmel Board of Zoning Appeals
(hereafter "Board"):
1. Docket No. SU-7-93.
2. Statement of Commitments
A. Owner commits 'to install asidew;alk on the Real Estate adjacent and
parallel to East 131st Street "at such time as requested by the Board of Public Works and
Safety, Cannel, Indiana following the date sidewalks are installed adjacent to either the
east or west property line of the Real Estate.
B. Owner commits to construct a passing blister on the North side of East
131st Street pursuant to the plans on file with the Department of Community Development, .
Carmel, Indiana under Docket No. SU-7-93 when the right-of-way required for such . ,
construction is obtained by the City of Carmel, Indiana and the Board of Public Works and
Safety, Carmel, Indiana so requests.
C. Owner commits to add an additional three (3) feet of pavement to the
South one-half of East 131st Street adjacent to the Real Estate and a three (3) foot wide
Chip and Seal shoulder adjacent to the Real Estate when requested by the Carmel Board of
Public Works and Safety, Carmel, Indiana.
3. Bindine on Successors and Assigns: These commitments are binding on the
Owner of the Real Estate, such subsequent owner of the Real Estate and each other person
acquiring an interest in the Real Estate, unless modified or terminated by the Board.
These Commitments may be modified or terminated only by a decision of the Board made at a
public hearing after notice as provided by the rules of the Board.
4. Recordine: The undersigned hereby authorizes the Secretary of the Board to
record these Commitments in the Office of the Recorder of Hamilton County, Indiana.
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5. Enforcement: These Commitments may be enforced by the Carmel Board of Zoning
Appeals and the City of Carmel, Indiana.
Executed this 22nd day of February ,1993.
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NORTHVIEW CHRISTIAN LIFE CHURCH, INC.
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By: -; J1 O-/JC r2./~' ~
Max Ryerson~ Vice Pr~sident
Th~.ln3!~::r:~?n! R:",cc'r~?d FfB 2 S 1993
Shwcn I\. C"ony, lii:t':;idtir, Hamiilon County, IN _
prepared by Janes Nelson
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LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 28, Township 18 North, Range 4 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
BEGINNING at the Northwest corner of the Real Estate described in Deed Book 351,
Page 952 in the Office of the Recorder of Hamilton County, Indiana, said Real Estate
located in the Southeast Quarter of Section 28, Township 18 North, Range 4 East, Clay
Township, Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds East
(assumed bearing) on the North line of said Southeast Quarter 1080 feet; thence South 00
degrees 30 minutes 47 seconds East parallel with the West line of the Real Estate
described in said Deed Book 351 a distance of 835 feet; thence South 90 degrees 00
minutes 00 seconds West parallel with the North line of said Southeast Quarter 1080 feet
to the West line of the Real Estate described in said Deed Book 351; thence North 00
degrees 30 minutes 47 seconds West on the West line of the Real Estate described in said
Deed Book 351 a distance of 835 feet to the POINT OF BEGINNING, containing 20.70 acres,
more or less.
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Sharo~ K. C/itirlY, flecOfl1af, Hamiltoil County, IN. _
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GENERAL NOTESI ~
1. ELEV A T IONS SHOWN ARE TYP I CAL. SEE SPEC I F I C FLOOR PLAN"
DRAWING FOR ACTUAL DIMENSIONING AND DOOR/WINDOW LOCATIONS
FOR EACH MODEL. ""
2. MODELS TO BE PLACED ON CRAWL SPACE (PIERS) FOUNDATION. '",
3. MIN. REQ'D. NET FREE ATTIC VENT AREA SHALL BE 1/150 OF AREA
BEING VENTED. MIN. REQ'D. AREA SHALL BE REDUCED TO 1/300 IF
AT LEAST 50% OF VENTILATION ARE LOCATED ON UPPER PORTION OF
ROOF WITH BALANCE PROVIDED BY EAVES OR CORNICE VENTS.
4. ELEVATIONS MAY BE SHOWN REVERSED.
CODED NOTES.
1. SHINGLES (SEE 'BUILDING CROSS SECTION' DRAWING FOR INSTALLATION).
2. 24 GAGE ALUMINUM OR OPTIONAL VERTICAL Tl-ll SIDING.
3. SKIRTING TO MATCH SIDING.
4. GUTTER AND DOWN SPOUT. FIELD INSTALLED. SUPPLIED BY NDJ CASTLE.
5. CONTINUOUS RIDGE VENT. SEE GENERAL NOTE 3 FOR VENTING REQUIREMENTS.
6. ALUMINUM SOffIT. SEE GENERAL NOTE 3 FOR VENTING REQUIREMENTS.
7. 6' ALUMINUM FASCIA.
8. PTACK UNITS.
9. PRECAST CONCRETE STEPS OR HANDICAP RAMP TO BE DETERMINED AND
INSTALLED BY SITE CONTRACTOR.
10. HAND RAILING TO BE DETERMINED AND INSTALLED BY SITE CONTRACTOR.
11. (1) STRIP OF' SIDING. INSTALLED AT SITE AND SUPPLIED BY NEW CASTLE.
.,
FIELD NOTES.
1. PRoYIDE PRECAST CONCRETE SPLASH BLOCKS UNDER ALL DOWNSPOUTS.
2. PROVIDE 16 X 8 OPERABLE FOUNDATION VENTS. SEE FOUNDATION DRAWING
FOR LOCA T IONS.
3. PROVIDE 32 X 16 PLYWOOD ACCESS PANEL TO CRAWL SPACE. SEE FOUNDATION
DRAWING FOR LOCATION.
4. HANDICAP RAMPS, RAILING, AND HANDRAILS TO BE DESIGNED AND INSTALLED
BY OTHERS.
:2 MOfD>lUJllE IElrEV A 1f~O~
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