The URL can be used to link to this page

Home My WebLink AboutApplication ~- ~ Special Use Type Application CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCKET NO. DATE RECEIVED: (1) Applicant: American Aggregates Corporation Address: 4700 East 96th Stsret, Indianapolis, IN 46240 Phone: 317/573-3700 (2) Project Name: Operating Plant 513 Engineer/Architect: Schneider Engineering Corp. Phone: 317/898-8282 Attorney: James J. Nelson, NELSON & FRANKENBERGER, 3021 East 98th Street, Suite 220, Indianapolis, IN 46280 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 XX (c) Other: The Applicant is the Lessee of the real estate. (4) If item (3}(c) is checked, please complete the following: Owner of the property involved: Parcel A - Charles P. Morgan, Parcel B - Judith L. Pope Owner's Address: 1980 E. 116th St., Carmel, IN Phone: 848-4040 (5) Record of Ownership: Deed Book No. Parcel A: 337 Parcel B: 337 Page: Parcel A: 415-416 Parcel B: 413-414 Purchase Date: Parcel A: 06/27/83 Parcel B: 06/27/83 (6) Common Address of the Property Involved: None assigned Legal Description: Parcel A - See Exhibit A-1 attached hereto. Parcel B - See Exhibit A-2 attached hereto. Tax Map Parcel No.: Parcel A - 17-14-08-00-00-012.001 and 17-14-08-00-00-012.101 Parcel B - 17-14-08-00-00-012.002 and 17-14-08-00-00-012.102 PAGE 2 (7) Type of Appeal: (check appropriate response) (a) Request for a variance according to Section 30.4 Use Variance Developmental Standards Variance (b) Request for an Appeal from the Decision of the Director of the Department of Community Development according to Section 30.1 xx (c) Request for a Special Use according to Section 21.0 (8) State explanation of requested Appeal: (State what you want to so and cite the section number of the Zoning Ordinance which applied and/or created the need for this appeal. See Exhibit B attached hereto. (9) State reasons supporting the Appeal: (If filing for a variance, complete the attached form entitled "Findings of Fact-Variance"). See Exhibit C attached hereto. (10) Present Zoning of the property: (Give exact classification) Parcel A - S-l and S-2 Parcel B - S-l and S-2 (11) Present use of the property: undeveloped land (12) Describe the Proposed Use of the Property: See Exhibit B attached hereto. (13) Is the property xx XX Owner occupied Renter occupied Other: (14) Are there any restriction, laws, covenants, variances, special uses, or appeals of affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered, and pertinent explanation. No. PAGE 3 (15) Has work for which this application is being filed already started? If answer is "yes", give details. No. (Building Permit No. (Builder. (16) If proposed appeal is granted, when will the work commence? Fall, 1989 (17) If the proposed Appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant (18) Type of Notification (check the appropriate response). XX (a) LEGAL NOTICE in the Noblesville Dailr Ledger and Carmel News Tribune (attach Publ1sher's Affidavit) XX (b) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (attach Proof of mailing and return receipts). (c) HAND DELIVERED to adjoining property owners (attach Petitioner's Affidavit of Notice of Public Hearing for hand delivered notification. NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST BE DONE THIRTY (30) 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 Development The Applicant certifies by signing this application that he has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his attorney. EXHIBIT A-I Parcel "A": Part of the North Half of the SoutheARt Quarter of Section 8. Township 17 North, Range 4 EaRt in Hamilton County, Indi.n~. described as follows: Beginning at the Northeast corner of the SoutheB~t QUArter of Section 8, Town.hip 17 North, Range 4 East; thenCe South 00 degrees 00 minutes 00 seconds (assumed bearing) on the East line thereof 604.25 feet; thence North 89 degrees 40 minuteR 27 seconds West porall~l with the North line of laid Quarter 1986.61 feet; thence North 00 degrees 00 minutes 00 seconds parallel with the East line of 8~ld Quarter 604.25 feet to the North line of Bald Quarter: thence South 89 degrees 40 minutes 27 seconds East on 8aid North line 1986.61 feet to the Beginning Point; containing 27.557 acres, more or les8. Subject to all legal easement. and rights-oC-wny. EXHIBIT A-2 .Parcel "8": Part of thit North Half of the SoutheaAt Quarter of Section 8. Township 17 North, Range 4 East in Hamilton County. Indian.. described a8 followl: Begin~ing on the East line of tho SoutheaAt Quarter of Section 8, Township 17 Harth. Range 4 East. 604.25 feet South 00 degrees 00 minutes 00 seconds (sllumed bearing) from the Northeast co~ner thereof; thence South 00 degreea 00 minutes 00 seconds on said Ealt line ~17.~2 feet to a point that 18 193.77 feet North 00 degree. 00 minute9~008econd. of the Southealt corner of the North Half of laid South~ast Quarter; thence North 89 degrees 49 minutes 28 seconds West parallel with the South line of the ~orth Half of Raid Southeost Quarter 1124.00 feet; thence South 00 d~gree8 00 minutes 00 seconds parallel with the East line of 8aid So~theast Quarter 193.77 feet to the South line of the Noeth Half of Slid Southeast Quarter: thence North 89 degrees 49 minutes 28 se~ond8 Welt on said South line 862.58 feet to a point that is 1986.61 feet North 89 degree,s 40 minute. 27 seconds West of the Esst lIne of said Southeast Quarter; thence North 00 degrees 00 minutes 00 seconds parallel with laid Esst line 716.49 feet to 8 point that II 604.25 feet South 00 degrees 00 minutes 00 second8 of the North line of said Southeast Quartet: thence South 89 degrees 40 minutes 27 S8COnqa East parallel with laid North line' 1986.61 feet to the Beginnlng Point; containing 27.557 a~te8. more or leel. Subject to all lese1 easements and ~ightl-of-wQY. NELSON Be FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JEFFREY B. HIGGINS OF COUNSEL JANE B. MERRILL August 8, 1989 Mr. Rick Brandau, Director Department of Community Development 40 East Main Street Carmel, IN-- 46032 RE: Special Use Application of American Aggregates Docket No. SU-60-89 Dear Rick: 3021 EAST 98TH STREET SUITE 220 INDIANAPOLIS. INDIANA 46280 317-844-0106 FAX: 317-846-8782 Please be advised that I represent Charles P. Morgan and Judith L. Pope, the owners of the real estate which is the subject matter of a special use application filed by American Aggregates Corporation under Docket Number SU-60-89, and for and on their behalf consent to the special use application. Very yours, JJN:kce NELSON Be FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS.AT.LAW 3021 EAST 98TH STREET SUITE 220 INDIANAPOLIS. IND'ANA 46280 Mr. Rick Brandau Director of Community Development 40 East Main Street Ca1'tnel, IN 46032 EXHIBIT B Explanation of Special Use Requested The Applicant is the Lessee of the real estate located on the west side of North Gray Road between East 106th Street on the north and East 96th Street on the south and more particularly described on Exhibit A. The real estate is zoned S-1 Residence District and S-2 Residence District and the Applicant is desirious of obtaining a special use pursuant to Section 5.0 and 6.0 of the Zoning Ordinance of the City of Carmel, Indiana to extract sand and gravel from the real estate and to construct thereon an artificial lake or pond pursuant to the plans and specifications filed simultaneously herewith. Respectfully submitted, James J. Nelson AFFIDAVIT I, James J. Nelson, Attorney for American Aggregates Corporation, being duly sworn depose that American Aggregates Corporation is the Lessee of the 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. J. Nelson, Attorney for erican Aggregates Corporation Subscribed and sworn to before me this 29th day of June, 1989. My Commission Expires: March 2, 1993 Residing in Hamilton County. ~ r PAGE 4 I, Polly Pearce, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket # OWNER See Exhibit D See Exhibit D-1 for Certification Auditor of Hamilton County, Indiana ADDRESS CAI~ BOI\RD OF ZONING J\PPSl\lS CARMEL, INDIANA Docket No: Public l!earing Date: Petitioner: Amer~can Aggregates Notice Rcquirurents r.1et: Corporat~on FINDINC..s OF FACr - SPff:I.1\L USE EXCEPrIONS 1. The Special Use in F1ocx1Plain District, Ordinan02 Z160, Section 21.6 as ~ded (~) (dCX!s not) apply and all prerequisites h.we been rret by Petitioner as verified by: Schneider Engineering Corp. 2. The Special Use Exception will be consistent with the Character and pennitted !.and Us~ of the zoning Qistrict and Canrcl-Clay CQrnPrehensivc Plan J3ccause: App.licant's use ~s a special use in the 8-1 and S-2 Res~dent~a.l D~str~cts and the use ~s cons~stent w~th adjoining properties. 3. The Special Use is physically suitable for the land in question because: Applicnat's use is a special use in the S-l and S-2 Resident i t=ll ni Pltri l"'t ;mn thl'> I1S~ i!Ol l"'nnPli Pltl'>nt wi th 4. The~~t.fiiU~~1mE~~~1.kiouslY or adversely affect the adjacent land or property values because: Applicant's use is a special use in the S-l and S-2 Residential DistrictR t=lnn thp IlRP.is cnnRiRtpnt with 5. Theasl~gi-Siu~ ~l~Et~~erselY affect vehicular or pedestrian traffic flCM, nor the adequmte availability of water, sC\Ya9'~, or stann drilooge facilities, or EDlice or fire protection because: Public utilities are not necessary for Applicant's proposed use and minimum traffic is predicted. 6. The Board has revie..>ed the requirerents of Ordinance Z160, Section 21.3 (1-25) as they relate to this Special Use, arrl docs not find that tmsc criteria pre~t the granting of the Exception: Yes. DJ:x:ISION IT IS TlIEREFORB the decision of the Camel Board of zoning Appe<lls t.h.:lt Special Use Exceptions Docket No. is (not) granted, subject to any conditions stilted in the minutes of this Board, which are incorporated herein by reference and made a part herc.>()f. Adopted this 28th day of August , 1989 ATl'EST: -' ,.. CHAII<MI\N, Doard of Zonulg l\ppeals SECREl'ARY, CaJ:mel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign) ../ EXHIBIT C ;;;.,....., l '!;.. Doclmt No: Petitioner: Ci\HlvU.l.. OOARD OF ZONING APPEAlS CARMEL, INDIANA (~tl~~- ~~. Ii'INnINGS 01" FACf -:. -SPOCIALUSE 1. 2. 3. 4. 5. 6. DATED TillS DAY Oli' , 19 ...... .... OOi\lID MEMBER Revised October 1987 LEGAL DESCRIPTIONS Parcel "A": Part of the North Half of the. SouthesAt Quarter of Section 8, Township 17 North, Range 4 EaAt in Hamilton County, Indiana, described as follows: . Beginning at the Northeast corner of the Southeast Qunrter of Section 8, Township 17 North, Range 4 East: thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on the Esst line thereof 604.25 feet; thence North 89 degrees 40 minutes 27 seconds West pB~allel with the North line o~ said Quarter 1986.61 feet: thence North 00 degrees 00 minutes 00 seconds parallel with the East line of said Quarter 604.25 feet to the North line of said Quarter: thence South 89 degrees 40 minutes 27 seconds East on.aid North line 1986.61 feet to the Beginning Point: containing 27.557 acres, more or lesl. Subject to all 1el81 ea.em.nts and rights-of-way. .Parcel tlB": Part of tlM North Half of the SoutheaNt Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, described a8 follows: 8eginning on the East line of the Southealt Quarter of Section 8, Township 17 North, Range 4 East, 604.25 feet South 00 degrees 00 minutes 00 second. (assumed bearing) from the Northea.t corner thereof: thence South 00 degrees 00 minutes 00 seconds on said East line 517.52 feet to a point that i. 193.77 feet North 00 degree. 00 minute8~OO seconds of the Southeast corner of the North Half of .aid Southeast Quarter; thence North 89 degrees 49 minutes 28 second. West parallel with the South line of the .North Half of said Southeast Quarter l124.00 feet; thence South 00 degrees 00 minute. 00 seconds parallel with the East line of laid Southeast Quarter 193.71 feet to the South line of the North Half of said Southeast Quarter; thence North 89 degrees 49 minutes 28 seconds We.t on .aid South line 862.58 feet to a point that 1s 1986.61 feet North 89 degrees 40 minute. 27 leconds West of the East line of .aid Southeast Quarter: thence North 00 degrees 00 minutes 00 second. parallel with said East line 716.49 feet to . point that is 604.25 feet South 00 degrees 00 minutes 00 seconds of the North line of said Southeast Quarter; thence South 89 degrees 40 minutes 27 seconds East parallel with said North Itne' 1986.61 feet to the Beginning Point; containing 27.557 acrel. .ore or le'l. Subject to all l..al easement. and ~l&ht.-df-vay. ~ 8/J' 4<)' 27" e. 1t:J6b. 171' NE eLJEWEI2 S'E' 1/4- ~CTlt:J4I tJ~I7"-tI#E I ~ ~ -- PARCEL "A" 27. 55? Aa. ~ i~~ ~a '->", ~ . a~ a~ ,~ ~ \It . ~ ~ f' Iqs.. ~/' N 89' 40' '2.7"/4/ PARCEL "8" 27. 567.Ae. . .. ~ .... ~ N 6'" 44' ~., IV IIZ!4.tXJ' $2.58' N tJII- 4.' ~.It IV ~~ ~.. ~ \Ii . ./ ' -r ~~ FEtlllJQlU1~I~.,_~~~'ilL'~T~T --' ~ '1, A I i .. - lrnlf~T~':;;: UJIJ-J-~,IJ-l~l~ hi.!.)l#: iJ 1.1J ~ \\\-: 1 U. ~ ORTH[RN I . ~: L ~ 1\ ~~:. > :,r.:-I ~ -I- 0 ~~;I'{~ BEACH ,.' ~ '~ .,~ '1 -- :.f: -j -/ ~::; ~ riW'0y~~~~~j t ~ili : ~Jlj Cd: ~ .' jjl, - ~ 'il. [~D"~~ ~ I~ - nT11 1111'11. !. Tr1$.. _:: " ~rJ 1 ~ OIt~ t 1/ J .r1:::;I.~,:~.1" - : ~l '-r Wi ~'->- ; ~ ..' -~ RijW~fj ~~~ ~ ];~'ffIW~~ ~_,-IfBll11111 ~ irjj/' .1: ~I ~ . ' ~~ ~ ~ ~ 'i- I .l:J ' 7. " _' - .l;t, ;~ - - " J ~i:r ..' J11.u~- rJ 1'1 '1.1 r" ~i~tn ~;~~' ., -~"-N 11 ~.t~~Q;~.~tlli1r1~" 0 ~,;mD ~' ';\ ~:~~~~,~~. . .' ~ ,~ '~- ,'. '" ~ qt~ }f~-~-- , ~ ~ KINGSWOOD : .9!=1 - - ~r., ',,~}~r/')}-Vl.f 1 ~ a: \11' ~:J; .' 'f{' ;"1;- 'I .' . ~ ~.L,~.j'- <~', 1.~ll.!j' .". ~ ~\ ;\ II~~ 'I ,~~,"~. ~T . cc ~:: ;1 I ", '" ~.illJ f< i.'!.)j~ W6 th ~TREET CJ \11 \ ;; ~J!TTn:l I~l~ (TD!J I~T - Z;, ",.I'l~;!-ll~"~ I-'LJ 0' -\ ".k:.J:-::; " .~" 1:1 t-::: ~r{! \. . -...: ! I. J _-.Cf. I ___- : uiJ.L ./ "1"'71" .~ ! P-ill1- $-2 X )~ 1 G: I i~ ~i~~~- 111\11/ ., I iR ~ ~.FJ~,U'h .t -t " , 0TIJi= :~Kir r0~~ - ~I)O 1 J ri 1~ TI f:'h 7"rT I I. nll- ~ ~ - ~ I , ~ I : I I : -,-I II It 1 II -: ~ I; M:il Ip. ~ftll ' I I '-I1H I Iri il:. \: I J GA'.l:UiS I {. ,;' :-> .1 ~\. t n h iJ 121 ,/ jt > .. f (J . ~W/ffi ~VSiT-'// 1"l )7/h '~ . , , . l': STREE~B C( 'u ' :: OIl r. 1;"1 l1 I 96 th . .... .. ._--=--.. /I .II AREA MAP -2-