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Tingley, Connie 5
Subject:
Lillig, Laurence M
Friday, June 21,20029:20 AM
Morrissey, Phyllis G; pattyn, Dawn E; Tingley, Connie S
Hollibaugh, Mike P; Dobosiewicz, Jon C; Lawrence, Kelli A; Keeling, Adrienne M; Kendall, Jeff
A; Brewer, Scott I; Hancock, Ramona B
Docket No. Assignment: Pilgrim Lutheran Church Conceptual Plan (SU-140-02; V-141-02)
From:
Sent:
To:
Cc:
The following Docket Nos. have been assigned to the Special Use and Development Standards Variance petitions filed by
Charles D. Frankenberger of Nelson & Frankenberger on behalf of Pilgrim Lutheran Church for property located northwest
of West 106th Street and Shelborne Road:
Docket No. SU-140-02 ZO 5.2 conceptual plan for chuch use $630.00
Docket No. V-141-02 ZO 21.2.7 extension of time limit to five (5) years $630.00
The Total Filing Fee for these petitions is $1260.00. A check in this amount has been received from the petitioner's
representative.
· These Items appeared on the Wednesday, June 19, 2002, agenda of the Technical Advisory Committee.
. Mailed and Published Public Notice needs to occur no later than Thursday, June 27, 2002. PLEASE NOTE THAT BZA
NOTICE IS TO BE PUBLISHED IN THE INDIANAPOLIS STAR.
. Proof of Notice will need to be received by this Department no later than noon, Friday, July 19, 2002. Failure to submit
Proof of Notice by this time will result in the automatic tabling of the petition to the Monday, August 26, 2002, agenda of the
BZA.
. Ten (10) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, July 12,
2002. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday,
August 26, 2002, agenda of the BZA.
· This Item will appear on the Tuesday, July 22, 2002, agenda of the Board of Zoning Appeals under Public Hearings.
. The petitioner will need to provide seven (7) fully filled out Findings-of-Fact sheets for the Special Use the night of the
meeting for the Board's use. Petitioner must also remember to fill out the Docket No. and date on each Ballot Sheet for
the Board. The Findings-of-Fact and Ballot Sheets must be collated.
Connie, please contact Mr. Frankenberger at 317/844-0106 (fax: 317/846-8782) with this information.
Laurence M. Lillig! Jr.
Planning & Zoning Admmistrator
Division of Planning & Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
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317/571-2417
fax: 317/571-2426
llillig@ci.carmel.in.us
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One CiVic Square
Carmel, IN 4€032
(317) 571-2417
Fax: (317) 571.2426
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICA TION FOR BOARD OF ZONING APPEALS ACTION
SPECIAL USE APPROVAL REQUEST
DOCKET NO.
DATE RECEIVED:
1)
Applicant: Pilgrim Lutheran Church
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Address: 10202 North Meridian Street, Indianapolis, IN 46290
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2)
Project Name: Pilgrim Lutheran Church
Phone:
Engineer! Architect: Mark A. Peters
Phone: (317)842-0000
Attorney: James J. Nelson
Phone: (317) 844-0106
3) Applicant's Status: (Check the appropriate response)
_ (a) The applicant's name is on the deed to the property
--1L- (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:
Deed Book No.
Page:
Purchase Date:
6) Common address of the property involved: None assigned - 106th Street and Shelbourne
Legal description: See Exhibit "A"
Tax Map Parcel No.: 17-13-06-04-05-001.000
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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-l Residence District
10) Present use of the property: Vacant Real Estate
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:
Building Permit Number:
Builder:
15) If proposed appeal is granted, when will the work commence?
To be determined
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 successors and assigns
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NOTE:
LEGAL NOTICE shall be published in The Noblesville Daily Ledger a MANDATORY
twenty-Jive (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"
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:
l) CERTIFIED MAIL - RETURN RECE1PT 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 RESPONSIBILITY OF
THE APPLICANT. AGAlN, TI-lIS 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 ofthe property described
herewith.
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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.
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STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared James
1. Nelson, Attorney for Applicant and Owner, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this 31 sl day of Ma , 2 '
Residing in
County
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My Commission Expires:
Signature
H:\KellylJim N\Pilgrim\Special Use App.dQC
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Exhibit "A"
Legal Description
All that part of the East Half of the Southeast Quarter of Section 6, Township 17 North, Range 3
East platted as Brandywine Section Four (now vacated) and recorded in Plat book 7, page 162 in
the Office of the recorder of Hamilton County, Indiana; and all that part of the said Half Quarter
Section platted as Brandywine Section Three (now vacated) except for a 4.581 Acres tract of
land being a part of Lots 35 and 36 in said Brandywine Section Three The subject tract is more
particularly described as follows:
Commencing at the Southeast corner of the said Half Quarter Section; thence North 00 degrees
00 minutes 54 s.econds West along the East line of the said Half Quarter Section 966.63 feet to a
point which lies South 00 degrees 00 minutes 54 seconds East 1697.09 feet fi"om the Northeast
corner of the said Half Quarter Section; thence South 89 degrees 59 minutes 06 seconds West
40.00 feet to the POINT OF BEGINNING; thence South 89 degrees 59 minutes 06 seconds West
360.00 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the East line of
the said Half Quarter Section 408.64 feet to the Southerly line of Brandywine Section One, the
plat orwhich is recorded in Plat Book 6, page 52 in the Office of the Recorder ofHarnilton
County, Indiana; thence South 51 degrees 00 minutes 00 seconds West along the Southerly line
of the said plat and along the Southerly line of Brandy wine Section Two, the plat of which is
recorded in Plat Book 7, page 155 in the said Recorder's Offke 1193.55 feet to the West line of
the said Half Quarter Section; thence South 00 degrees 13 minutes 22 seconds West along the
West line ofthe said Half Quarter Section 592.23 feet to a point on a line which lies 40.00 feet
North of and parallel with the South line of the said Half Quarter Section; thence North 89
degrees 38 minutes 51 seconds East parallel with the South line of the said Half Quarter Section
1290.24 feet to a point on a line which lies 40.00 feet West of and parallel with the East line of
the said Half Quarter Section; thence North 00 degrees 00 minutes 54 seconds West and parallel
with the East line of the said Half Quarter Section 926.87 feet to the POINT OF BEGINNING,
containing 28 Acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING, TO-WIT.
Part of the Southeast Quarter of Section 6, Township 17 north, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38
minutes 51 seconds West (assumed bearing) along the south line of said Quarter 39.77 feet;
thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line 40.00 feet;
thence North 00 degrees 00 minutes 54 seconds West 394.94 feet to the northeast corner ofthe
land described in a deed to Clay Township of Hamilton County, Indiana recorded as Instrument
Number 200100021146 in the Office of the Recorder of Hamilton County, Indiana and the
POINT OF BEGINNING; thence South 89 degrees 38 minutes 51 seconds West parallel with the
South line of said Quarter and along the north line of said Clay Township property and the
prolongation thereof 360.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel
with the east line of said Quarter 534.05 feet to the Southwest corner of the land described in a
deed to the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter Day
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Saints recorded as Instrument Number 87-31364 in said Recorder's office; thence North 89
degrees 59 minutes 06 seconds East along the south line of said land 360.00 feet to a point which
lies 40.00 feet west by perpendicular measure to the east line of said Quarter and the Southeast
corner of said land; thence South 00 degrees 00 minutes 54 seconds East parallel with said east
line 531.93 feet to the POINT OF BEGINNING, containing 4.405 acres, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING, TO-WIT:
Part of the Southeast Quarter of Section 6, Township 17 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38
minutes 51 seconds West (assumed bearing) along the south line of said Quarter a distance of
39.77 feet; thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line
a distance of 40.00 feet; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing)
parallel with the south line of said Quarter a distance of395.01 feet; thence North 00 degrees 00
minutes 54 seconds West parallel with the east line of said Quarter a distance of 169.44 feet to a
5/8 inch rebar with yellow plastic cap stamped "SCHNEIDER FIRM. #0001" (hereinafter
referred to as a capped rebar); thence North 44 degrees 58 minutes 18 seconds East a distance of
320.73 feet to a capped rebar; thence North 89 degrees 38 minutes 51 seconds East parallel with
the south line of said Quarter a distance of 168.27 feet to a point which lies 40.00 feet west by
perpendicular measure to the east line of said Quarter; thence south 00 degrees 00 minutes 54
seconds East parallel with said east line a distance of394.94 feet to the point of beginning,
containing 2.994 acres, more or less.
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EXHIBIT "B"
EXPLANA TION OF S.PEClA.L
USE REQUESTED
The Applicant, Pilgrim Lutheran Church ofIndianapolis, Inc., is requesting a Special Use
for church purposes for the twenty-plus acre parcel of real estate located at the Northwest corner
of West 106th Street and Shelbourne Road subject to the obligation of Pilgrim Lutheran Church
to file with the Carmel Board of Zoning Appeals, a Special Use Amend Application including
definitive site and building plans prior to the commencement of construction. The Special Use
Application requested is for church use purposes only.
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Exhibit "c"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Pilgrim Lutheran Church oflndianapolis, Inc.
FINDINGS OF FACT - SPECIAL USE
1. 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 Petitioner.
2. The Special Use will be consistent with the Character and Permitted Land Use ofthe
zoning district and Carmel/Clay Comprehensive Plan because a church is a permitted special use
under the S-1 Residence District classification; is presumed appropriate; and no evidence of
probative value was presented to the contrary.
3. The Special Use is physically suitable for the land in question because a church is a
permitted special use under the S-l Residence District classification; is presumed appropriate;
and no evidence of probative value was presented to the contrary.
4. The Special Use will not injuriously or adversely affect the adjacent land or property
values because a church is a permitted special use under the S-] Residence District classification;
is presumed appropriate; and no evidence of probative value was presented to the contrary.
5. The Special Use wili 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 available to the property and the impact of the proposed use
has been favorably reviewed by T AC.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 2].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 July, 2002.
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).
..
UCITY OF CARMEL - CLA Y TOWNS~..J
HAMIL TON COUNTY. INDIANA
APPLICA TION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $45000 for the first plus $50.00 for each additional section of the ordinance being varied,
DOCKET NO,
DATE RECEIVED:
1)
Applicant: Pilgrim Lutheran Church of Indianapolis, Inc.
Address: 10202 N. Meridian Street Indianapolis, rN 46290
Attorney: James 1. Nelson
Phone: 3 17/844-0 I 06
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DOCS
2)
Project Name: Pilgrim Lutheran Church
Engineerl Architect Mark Peters
Phone: 317/842-0000
Phone: 317/842-0000
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) [fItem (3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./Instmment No.
Page:
Purchase date:
6) Common address of the property involved: None assigned - 106th Street and Shelboume
Legal description: See Exhibit "An, (hereafter "Real Estate")
Tax Map Parcel No.: 17-13-06-04-05-001.000
7) State explanation of requested Developmental Standards Variance: (State what you \vant to do and cite
the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this
request),
See Exhibit "8" (hereafter "Explanation")
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Developmental Standards Variance").
See Exhibit "c"
9) Present zoning of the property (give exact classification): 5-1 Residence District
10) Size of lot/parcel in question: 20.6 aeres
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11) Present use of the property: Undeveloped Real Estate
12) Described the proposed use of the property: Church
13) Is the property: Ow'ner occupied ~_
Renter occupied
Other
14) Are thcrc 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
15) Has work for which this Application is being filed already started? If answer is yes, give details: NO
Building Permit Number: NI A
Builder: NI A
16) If proposed appeal is granted, when will the work commence?
To be determined
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for v\ihich this
application has been filed?
The Applicant its successors and assiQns.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dallv Ledger a MANDATORY twenty-fivt: (25)
days prior to the public hearing date. The certified "Proof of Publication" affidavit for the ne\'llspaper must be
aVallable 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:
I) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting property
O\'\iners (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.
The applicant undt:rstands that docket numbers will not be assigned until all supporting information has
been submitted to the Depaltment 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 ordina~~ndlor the legal advise ofhis/her attorneyU
I,
, Auditor ofHamiltol1 County, Indiana, certify that the attached
(~e~ePri~) 0
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described
herewith.
OWNER
ADDRESS
Auditor of Hamilton County, Indiana-Signature
Date
AFFIDA VlT
I, James J. Nelson, swear that [am the Attorney for Applicant 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 behalhvith regard to this application and subsequent hearings and testimony.
Date: '5 \ "3. \ \ O"L
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STATE OF INDIANA W
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COUNTY OF HAMILTON )
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Before me, a Notary Public, in and for said County and State, personally appeared James J Nelson,
Attorney for Applicant, and acknovv'ledged the execution of the foregoing
WITNESS my hand and Notanal Seal this 31"
!\1y f29.m.n)ission Expires:
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Residing in _~Itl mll~IICounty
This documents prepared by:
NELSON & FRANKENBERGER
3021 E, 9Slh Street, Suite 220
Indianapolis, IN 462&0
H:\kellyljim n\pilgrim\variance.doc
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Exhibit "A"
Legal Description
All that part of the East Half of the Southeast Quarter of Section 6, Township 17 North, Range 3
East platted as Brandywine Section Four (now vacated) and recorded in Plat book 7, page 162 in
the Office of the recorder of Hamilton County, Indiana; and all that part of the said Half Quarter
Section platted as Brandywine Section Three (now vacated) except for a 4.581 Acres tract of
land being a part of Lots 35 and 36 in said Brandywine Section Three The subject tract is more
particularly described as follows:
Commencing at the Southeast corner of the said Half Quarter Section; thence North 00 degrees
00 minutes 54 seconds West along the East line of the said Half Quarter Section 966.63 feet to a
point which lies South 00 degrees 00 minutes S4 seconds East 1697.09 feet from the Northeast
corner of the said Half Quarter Section; thence South 89 degrees S9 minutes 06 seconds West
40.00 feet to the POINT OF BEGINNING; thence South 89 degrees 59 minutes 06 seconds West
360.00 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the East line of
the said Half Quarter Section 408.64 feet to the Southerly line of Brandywine Section One, the
plat of which is recorded in Plat Book 6, page 52 in the Office of the Recorder of Hamilton
County, Indiana; thence South 51 degrees 00 minutes 00 seconds West along the Southerly line
of the said plat and along the Southerly line of Brandywine Section Two, the plat of which is
recorded in Plat Book 7, page 155 in the said Recorder's Office 1193.55 feet to the West line of
the said Half Quarter Section; thence South 00 degrees 13 minutes 22 seconds West along the
West line of the said Half Quarter Section 592.23 feet to a point on a line which lies 40.00 feet
North of and parallel with the South line of the said Half Quarter Section; thence North 89
degrees 38 minutes S 1 seconds East parallel with the South line of the said Half Quarter Section
1290.24 feet to a point on a line which lies 40.00 feet West of and parallel with the East line of
the said Half Quarter Section; thence North 00 degrees 00 minutes 54 seconds West and parallel
with the East line of the said Half Quarter Section 926.87 feet to the POINT OF BEGINNING,
containing 28 Acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING, TO-WIT:
Part of the Southeast Quarter of Section 6, Township 17 north, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38
minutes 51 seconds West (assumed bearing) along the south line of said Quarter 39.77 feet;
thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line 40.00 feet;
thence North 00 degrees 00 minutes 54 seconds West 394.94 feet to the northeast comer of the
land described in a deed to Clay Township of Hamilton County, Indiana recorded as Instrument
Number 200100021146 in the Office of the Recorder of Hamilton County,. Indiana and the
POINT OF BEGINNING; thence South 89 degrees 38 minutes 51 seconds West parallel with the
South line of said Quarter and along the north line of said Clay Township property and the
prolongation thereof 360.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel
with the east line of said Quarter 534.05 feet to the Southwest comer of the land described in a
deed to the Corporation of the Presiding Bishop of The Church ofJesus Christ of Latter Day
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Saints recorded as [nstrument Number 87-31364 in said Recorder's office; thence North 89
degrees 59 minutes 06 seconds East along the south line of said land 360.00 feet to a point which
lies 40.00 feet west by perpendicular measure to the east line of said Quarter and the Southeast
corner of said land; thence South 00 degrees 00 minutes 54 seconds East parallel with said east
line 531 93 feet to the POINT OF BEGINNING, containing 4.405 acres, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING, TO-WIT.
Part of the Southeast Quarter of Section 6, Township 17 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows'
Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38
minutes 51 seconds West (assumed bearing) along the south line of said Quarter a distance of
39.77 feet; thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line
a distance of 40.00 feet; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing)
parallel with the south line of said Quarter a distance of395.01 feet; thence North 00 degrees 00
minutes 54 seconds West parallel with the east line of said Quarter a distance of 169.44 feet to a
5/8 inch rebar with yellow plastic cap stamped "SCHNEIDER FIRM #0001" (hereinafter
referred to as a capped rebar); thence North 44 degrees 58 minutes 18 seconds East a distance of
320.73 feet to a capped rebar; thence North 89 degrees 38 minutes 51 seconds East parallel with
the south line of said Quarter a distance of 168.27 feet to a point which lies 40.00 feet west by
perpendicular measure to the east line of said Quarter; thence south 00 degrees 00 minutes 54
seconds East parallel with said east line a distance of394.94 feet to the point of beginning,
containing 2.994 acres, more or less.
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EXHIBIT "8"
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS VARIANCE
The Applicant, Pilgrim Lutheran Church is requesting a Developmental Standards from
Section 21,2,7 of the Zoning Ordinance of the City of Carmel, Indiana, to permit the time period
within which construction must commence from the date of approval of the Special Use under
Section 21.2 7 be extended to the earlier of August 1, 2007, or one (1) year from the date of
approval of the Special Use Amend Application including the definitive site and building plans
for Pilgrim Lutheran Church.
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EXHIBIT "e"
CARMELlCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Pilgnm Lutheran Church of Indianapolis, Inc.
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE
I. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare
of the commumty because: the use of the real estate has been approved by the BZA, and construction of
the Church facility cannot commence without prior approval of the plans by the BZA.
2. The use and value of the area adjacent to the property included in the variancc will not be affected in a
substantially adverse manner because: the usc of thc i"cal estate has been approved by the BZA, and
construction of the Church facility cannot commence \\lithout prior approval of the plans by the BZA.
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: the Applicant requires additional time to plan its church
facility following acquisition of the property and a prior determination by the BZA that church use IS
acceptable
DECISION
IT IS THEREFORE, the decision of the CamlellClay Board of Zoning Appeals that Developmental 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 22nd day of July, 2002.
CHAIRPERSON, Cannel/Clay Board of Zoning Appeals
SECRETARY, CamlellClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to Sign).
HlKELL Y\JIM N\ZONlNG FORMS\VARL'\i'CE (DEVELOPlI.1ENTAU ,\PI' - C,\RMEl. (i\LSO SIGNJ.DOC
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Sanctity of Contract
STEWART TITLE
Date: May 22,2002
To: Charlie Frankenberger
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STEWART TITLE
Senices of Indiana, Inc.
9190 Priority Way, West Dr. Suite 110
Indianapolis, Indiana 46240
Phone Number 317..H18-240U
Fax Number 317-818-2411'
Time sent: 2:PM
From: Joan Hurd
Fax NUluber: 846-8782
Comments:
No. of pages (to follow): 2
Re: Stewart Title File No. 020702007-Pilgrim Lutheran Church of
lndianapo lis
Here lS a copy of the Declaration of Vacation of Plat, instruments 87-
29849 and 87-29850, referenced in the legal description of the file noted
above.
RECEIVED MAY-ZZ-ZD~2 ~2:5ZPM FROW-
TO-NELSON 4 FRANKENBER~ PAGE 001
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nECLABATtON OF VACATIO~ OF PLAT
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The un~.rl~ined, lOStb GDd 5b$1~xu RcGd Inv~~~t
Odpg~y, an I~d~ana ~imlted Psrtner8hip, ~y lte General Partnmrp
William H. MIIrrU1. J;:., the uwner Qe aU loti 111 !.~rnlod7IiriDIlI .
Section Thr.~, aD additidb tn aamiltgg Couuty, I~di8nai 88 1
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~eec~ded in Plat Book 7, Page. 159-162, on SeptembA% 25, 197', '
.. l~lttQPent #13120 in the O(g1~Qof tbe Recorder af samtl~l
COtmty, Ind1.s.D.I!I., CIon hereby dec.lare the EUllvwinga;:1/ ~ ~\
1. '!bat t.ba uodQl'lIigned i,8 the Oll/DG~ af all lcr'iiD JI. RECf/VtD I'~
Br. &J'IGyviDlll - ~ecUon 'l1sZO&Q (here:1.lIlfu:o nfs~:r:$d ~o ~ ~be ~y 29 2002 ~~
"Platll). '\;\ DOCS III>.!.
i. n.u. n~ loti 10 the rLat bavl/l b.lIID aold. ~~ ~ ---
J. 'J.'hat then bave bean DO rOAds c.orls~:qetllld in thO.~PJia'r..
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4. That ~\e Plat ,,_ ll)clted etlt!~,lY outrdda tna !;Q5"P"tattl .
houudarislI of any mun1~1~allty. .
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5. Th..l: the Plat is hanby veCoaLed ill ita tJDt.irety,
~uriUaDt to I.C. 36-7-3.10 [at addeq by Acts 19&1, r.L. sot,
t~; F.L. 1Z0-1986, 55].
fJ. 'lhat aU ~blie riab-c.s 1l'J tbs p1Jbli~ vays &Zld PQbUc
pleces deiQr1bed In tbw Plat are be~eby t~~t~d, pu=_uant
to I.C. 36-7-3-10 (a~ a448d by Acts 1'81, P.L. 309, 112, P.L.
221)-19861 JoSl.
II mmss HmEOF I tbe 'lmdc:rdp.d. OM aueuted. tbis
II-
bl!lc.lara"lDlI gf Vac.IIUlJa of Plat tbb ,$/, - day or Ita)'>> 10.a7.
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SU'fE or tlD:U.:u
COl1NTY or IWlILTOI !
.
Befo~G ae, a Not&~1 pub11c in B s.t&tap
peJ:'lIlQDIIUy appea:l:e4 IiUUu. 11.. Mellldl ba
. General lIart.Dsr of 106tb anI! Shelb mpany I
Wh4 aQkDowledgt4 the ~Kecution ~f the fo~egoing DGelarltioD of
VlU:Ilt1011 ~f 'Plat, ~lId 'lllQ, \ullv],ug 'gelilll d.",l.l'.WCI~~, DutoaG tlha'
BEl)' 'l."4Il'..ll:.~tat:Ufl. OOIlUi'lu!,1iI 'lI.l!Il~eift arQ t1"Ql!. .-.
Wll:llB5B illY hand and. NotariaL Seal tbb ~ - day of May,
1987.
My COaIIIIlu1an ~X11:i~ea I
1O/1J,/9d
1eBidil'llii in. ~ coullty.
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~ECEIVcD MAY.~~-~ODZ DZ:SZPM
F~OI.t-
TO-"EbSON & FRA"K!NBERG
P~GE DDZ
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8729850
bl!!ctA'IU-1'lO! OE' Q'ACAftON OT PLAT
The uDaeraignea. lQ6th sDd Eb81bu~ Road IUT8BtmeD~ CGmpauy,
au Indiana LimdtQd P&r~D.r8blp, by ie8 Gtueral ?artner, William H.
Merrill. Jr.. the owner of all lotI in 8randywtne - SeeticD ,~.
AU _d4L~i~ 1n R~ilto~ CoQD'Y. t..l.na. &I ~~eo.dQd in P1atlook '.
Pq.elll l6J..lfiS, on Sept8lllbel:' 25. 1979, as l~:rt:t'UIllel:lb 0113221 ill thg
Of~~~o oE tke U.coade~ of HAmilton CQuatYr l~diaD&, d04e he~8Dy
i l dec.lare the followinll.~
~ ~ 1. Thd tbra ualiru"J1 iJnsc! is tbe QVa8~ of all lota iu Br:4tldyrialil-
S
.i Section l'otn' (blU'e5.-~aftlll1:' l:'de:l:'red tel aa tbe ":Plat").
~"X; 2. rhat t10 bt. 111 the !'lat naV'El DG8i'l ao14.
~ ,t:
~ ~ .3. 11lat thll:'lI haY. 'biEllln Dl;I rolldll ~onstru~Wic! b the Plat.
J~~ 4. ThQ~ tbs Plat is loeated .utire1v outside tha coepo~ate
1il ij.
~ e boundaries of ear munic.ipdtty.
-:;)';"
-; ~ 5. That Unr Plat ilr h@l!eby l1aeatGd in :l~1lI "nt1.t!'.ty, pursUlInt
~Ol
to t.C. 3S.7~3-10 [.8 addsd by AQtd 19S1. i.L. 309, iZ2~ ,.~. 220-
1906, IS].
6. Tbat all PQ~UC. r:L,gbtlll Soa the llub11C ways a:1d PUl:l1.:Lc.
plseeJil deoedb4d f,ft tho ~lat lire bD:t'eb,. t8I'11lil'l8t.l!IId." pDrlluant ta
I.C. 35-7-3.LO [as added by Ac.ts 1981. f.L. JOi, IZ2r P,L. 220-
1!Il86. &5].
IS iI1IESS WHEREOF. thB upd~si~U8d haG ezeouted tbta
D.cl.~.t{on of VaeRtioll a! Pl~t this ~ day of May. 1987.
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pC~DQnuLly a~B~cd ~il. ., me to ~~.a',
af'o!ll!Jral. P&I:'tIll'r of 106tl'l and Shd'lni'll'tl Julld Iavelllwumt. CalDPAJ:I7,hDp
aekDowlGGgad the B.e~ut1gn of tbe fc~esoiD& ~.Qla~8tiO~ of .
Vacat10n uf :r1ut alld who, bavinQ; be8'Q 4l.l1y .wo~, 1lIU.~.c! ~'hat. lEIDY
r.prGment&~L~n. con~siC8~ tb.ZAi~ atG t~u~. J!
'IUtnllall .y balld and Notadd Saal this .ef'i:.. day of Nay, 19&7.
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Mf Commi5BloB ~1:el:
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lI.ea1d!ng 1:1 ~ Co'\llDt1'
'l'hh doc.WI18l'lt p\"~e~ by Jana 35. KIltti11, AUD:'ft!JY at: La,ll.
RECEI VEO ~Y-ZZ-Z002 OZ:5ZPM
F ~Olt'
TO-NELSON , FRA"KEN8ER~
PI\~E 00]