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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each additional section of the
ordinance being varied.
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO.
DATE RECEIVED:
1} Applicant: UP,gw1J PAfT/IIER~. Ll-C
Address: p.O. Box J7Bz CAtllr'1k"L.lfiI i..f6vSZ.
2) Project Name: Phone: 317.tj'6-zoz.3
Engineer/Architect: WEI HE t;A) '-,aJr-rd It. f. - Jr1'1 51/IGLO 1 Phone: 8&16." 6/1'
At1orney:--.JIIV/ (J."NAv~A.. - A)prJON'" ~~AWtL~AJBGR("IEfl.. Phone: Bi./'l--o/06
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
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: N I A
OWner's address:
tv/A
Phone:
IllIA
5) Record of Ownership:
Deed Book No.llnstrument No.
5ee tXII1617 ....A'.
Page:
Purchase date:
6) Common address of the property involved: 5" 3 , ~. (, vlLFo R IJ R cI.
Legal description: pff ,""''0",./ w,'11 SVlf l,pet',,1 /~ J ",I cb../~ "'~p/7'(:)., .
Tax Map Parcel No.: 111 - O,~ ZS - 0.3 - cB - 0/7. ODO
7) State explanation ot requested Development Standards Variance: (State what you want to do and cite the section
number(s) ot the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
Set!. ~x!-/11317 "8"
Page 1 of B _ z:\SharedltorrrslBZA applicationsl Developmen1 Slandards Variance Application rev. 12129/2006
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
) ~ e Ex. HI /3/ T r, i3 '.
Present zoning of the property (give exact classification):
13~7
9)
10)
11 )
Size of lot/parcel in question:
6. iJ
acres
Present use of the property:
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(){'~,~ 5
12) Describe the proposed use of the property:
Oeflul,erl .5/"''J/~. h,,,,..1y /IN,II,~ v,,"'l~
13) Is the property: Owner occupied a./
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.
Pf/1''';''oflfU tv,'!/ iih" 61" Fr'!v",.-d f" 0 b.k;/", 1I0LS//)~
q,A/{'(Jr/Ii! ~""" CQh"el jJ I,,~ L",.",,,-/'( $,''0"",-
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Ai /14
Builder:
AlIA
.
16) If proposed appeal is granted, when will the work commence?
VpOrf I) /'!cIl',t,'.1J It ()/"S / /J P o/'/,UVA / (;",,+/ Cc,,~el fJ Ifb{ ~~IIH,J./h"'-t
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been -filea?
Apf l,'c,-,..,f. /fr fuCc..c tJolt Qlfr/ Q fJ,!t'" S
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star 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 LEAST TWENTY-FIVE (25)iDAYS pRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed untO all supportina information has been submitted to
the Deoartment of Community Services. .
Page 2 01 8 - z:\shared\~orms\BZA applicationsl Development'Slandards Varianca Application rev. 12/2912006
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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 behalf with regard
to this application and subsequent hearings and testimony. V..y /'J h
p, ~r,.jAl rA~r.vER.5~ LLC,.
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8T ATE OF INDIANA
ss:
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Date
)1151"01 11"~I=E:"-r_ MEM6&~
(Please Print) .
County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
tI fi #If ,'/.,4."
(Notary Public's county of residence)
Jv 1/(14 l1,f~/f'
(Property Owner, Attorney, or Power of Attorney)
I Zit,
day of J 1.1/'1
-. ~ _ (SEAL): -
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-. John M. Hafton
Notary Public, State of indIana
Hamilton County
My Commission Expires 0210112013
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
,20 07
~~mure
J, it" Ik(-/p.,
Notary Public--Please Print
My commission expires: /. /
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Page 4 of 6 ~ z:\sharedllorms\8ZA applications\ Development Standard. Varian"" Applicalion rov.12/29/2006
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Hamilton Co., IN - Online Reports
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Page 1 of 1
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E Information - Parcel Number: 16-09-25-03-08-017.000
Property Data Property Owner as of April 29, 2006
Parcel Location 531 GUILFORD RO,CARMEL Indiana Ministries Of The Church Of God Ine
Taxing Unit Qlrmel Most Recent Valuation as of March 1, 2006
Legal Description 186-387-394 PT SE SW A 1/13/92 Assessed Value: Land 125000
NAME CHANGE Assessed Value: Improvements 179700
Section!T ownshiojRa nge S25 Ti8 R03 Total Assessed Value: 304700
Subdivision Name NULL
Lot and Block Lot Block
Acres 6
Effective Frontage
Effective Depth
Property Class Exempt Churches
Exterior Features and Out Buildings
1 Paving, 1 Theater,
1 Masonry Stoop,
bttp://www.co.bamilton.in.us/apps/reports/rptpropcard.asp
7/1212007
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The applicant seeks the following development standards variance approvals and special use approvals:
I Section 18.01 Permitted Uses: Applicant seeks a use variance from Multiple Family Dwelling to Single
Family Dwelling (detached). "~e?i>o-t 4J" 1ft: ~ 11 (jJ/&~
Z Section 18.04.02 Minimum Front Yard: Applicant seeks to change the minimum front yard from forty
(40) feetto fifteen (is) feet. FJ ~8 ~ 6D 'itr
ill:
~ Section 18.04.03 Minimum Side Yard: Applicant seeks to change the minimum side yard from ten (lO)
feet to three (3) feet. 9'1-l)"1" 8-1) ~
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1 Section 18.04.04 Minimum Aggregate of Side Yard: Applicant seeks to change the minimum aggregate
of side yard from twenty-five (25) feet to ten (10) feet. 9'1'".q.. tf) ~ -t=r
5 Section 18.04.05 Minimum Rear Yard: Applicant seeks to change the minimum rear yard from thirty
(30) feet to eighteen (18) feet. 9 -<t- 8~ bO 4-'+ -tt
(p Section 18.04.06 Minimum Lot Width: Applicant seeks to change the minimum lot width from one
hundred (100) feet to forty (40) feet. 9~ 0 -q ~().tg.B A~
~Section 18.04.07 Minimum Lot Size: Applicant seeks to change the minimum lot size from five thousand
(5000) square feet per multiple-family dwelling unit to thirty-three hundred and fifty (3350) square feet
per single"family dwelling unit. tJ '9' f) <r tJ~ €rl 60
I'Section 18.04.09 Maximum Lot Coverage for Multiple..;family Dwellings: Applicant seeks to change the
maximum lot coverage for multiple family dwellings from forty percent (40%) to fifty (50%). fJ"'t'fJ'1'"t:!J n "Of
<t Section 18.06.02 Areas to be Landscaped: Applicant seeks to change the required thirty (3D) foot
landscape buffer to a ten (10) foot landscape buffer. f)1"t) 7J-tJ8 ~ 6"2
The site is located at 531 South Guilford Road, and is zgned B-7 Business
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OVINER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of tbe real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes and
directs Uptovm Partners, LLC, an Indiana l.imited liability company ("Uptown"), along with its
employees, engineers, land planners, attorneys, and appointed agents, as fonows:
L To file, for and o"n behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Uptown with respect to the Real
Estate including, without limitation: (i) Board of Zoning Appeals approval for a use
variance and other potential developmental standards variances, (hereafter "Variance
Approvals") (ii), if deemed in Uptown's sole discretion, rezone approval to a Planned
Unit Development Oistrict (hereafter "Rezone Approvals"); (iii) development plan
approval per the terms of an Use Variance Approval or Rezone Application and the
Zoning Ordinance for the City of Carmel (hereafter "DP Approvals"); (iv) architectural
design, lighting, landscaping and signage approval per the terms of the Rezone
Appltcation and the Zoning Ordinance for the City of Carmel (hereafter "ADLS
Approvals"): and, (v) any zoning waiver approvals pursuant to the Zoning Ordinance for
the City of Cannel (hereafter "Waiver Approvals") deemed necessary by Uptown to
further develop the Real Estate per the terms of the above referenced approvals
(collectively referred to herein as the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Board of Zoning Appeals and Plan Commission, the City of Carmel Common Council,
and any other municipal bodies or agencies, and to represent the undersigned in
connection with all applications and petitions deemed necessary by Uptown to obtain the
Approvals.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledges
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Uptown, now or in the future; in furtherance of the
Approvals. .
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Date:
7 -12 -ZOO?
Robert L. Moss
Executive State Minister
Applicable to parcel number(s): 16-09-25-03-08-017.000
STATE OF INDIANA
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Jenene Lighty
Notary Public Seal Stale of lndle.na
Hendricks County
M Commission E ires 08/2812014
COUNTY OF HAMILTON
Before.me the undersigned, a Notary Public in and for said County and State, personally
appeared Robert L. Moss, who acknowledged execution of this Owner's Consent and Joinder in
Petitions.
Witness my hand and Notarial Seal this
I? day of :r~O ,2007.
N~~
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Printed Name~
My Commission Expires:
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County of Residence:
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CARMEUCLAV ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
I/P1Q~AI PART#&RS. LL(.
FINDINGS OF fACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
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
,20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRET ARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or hi~ r~presentative to sign).
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