HomeMy WebLinkAboutApplication
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Tingley, Connie S
Subject:
Lillig, Laurence M
Monday, July 22, 2002 10:22 AM
Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Fahey, Joyce D
Hollibaugh, Mike P; Dobosiewicz, Jon C; Lawrence, Kelli A; Keeling, Adrienne M; Kendall, Jeff
A; Brewer, Scott I; Hancock, Ramona B
Docket No. Assignment: Evangelical Baptist Missions (UV-150-02)
From:
Sent:
To:
Cc:
Docket No. UV-150-02 has been assigned to the Use Variance petition filed by Charles D. Frankenberger of Nelson &
Frankenberger on behalf of the Evangelical Baptist Missions for property I09ated northeast of West 96th Street and
Shelbome Road.
The Filing Fee for this petition is $1050.00. The Filing Fee must be received no later than noon, Friday, August 16, 2002.
Failure to pay the Filing Fee by this time will result in the automatic tabling of the petition to the Monday, September 23,
2002, agenda of the BZA.
. This Item appeared on the Wednesday, July 17, 2002, agenda of the Technical Advisory Committee, and will appear
again on the Wednesday, August 21,2002, agenda of the BZA.
. Mailed and Published Public Notice needs to occur no later than Thursday, August 1, 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, August 23, 2002. Failure to
submit Proof of Notice by this time will result in the automatic tabling of the petition to the Monday, September 23, 2002,
agenda of the BZA.
. Eight (8) Informational Packets mustbe delivered to BZA Secretary Connie Tingley no later than noon, Friday, August
16, 2002. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the
Monday, September 23, 2002, agenda of the BZA.
. This Item will appear on the Monday, August 26,2002, agenda of the Board of Zoning Appeals under Public Hearings.
. The petitioner will need to provide seven (7) fully filled out Findings-af-Fact sheets for the Use Variance the afternoon 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-af-Fact and Ballot Sheets must be collated.
Connie, please contact Mr. Frankenberger at 317/844-0106 (fax: 3171846-8782) with this information.
Laurence M. Lillig, Jr.
Planning & Zoning Administrator
Division of Planning & Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
rr ? -;J .;2 -d 2-
/O.'SIJ~ e;I-
317/571-2417
fax: 317/571-2426
llillig@ci.carmel.in. us
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City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-471-2426
FACSIMILE TELECOPY COVER LETTER
DATE: July 22,2002
TO: Charlie Frankenberger
FAX: 846-8782 or 571-5176
FROM: Connie
Attached hereto are 2 pages, including this cover letter, fortacsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached is information for Docket UV-150-02, Evangelical Baptist Missions, with deadlines
and filing fees.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the properly of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of/his telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return ofthe fOfWarded documents to us.
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CITY OF CARMELlCLA Y TOWNSHIP
HAMILTON COllNTY.INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
FEE: $750.00
DOCKET NO.
DATE RECEIVED:
I) Appl icanl: Evangel ical Baptist Missions
Address:
2115 West A Ito Road, Kok01110, IN 46904-2225
2) Project Name: Evangelical Baptist Missions Administrative Office Phone:
Engineer/Architect: Keeler- Webb Assoc. (Adam DeHati)
Attorney: Charles D. Frankenberger, Nelson & Frankenberger
J) A ppl icanl' s Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
./ (b) The appl icant is the contract purchaser of the propeliy
( c) Other:
Phone: (317) 574-0140
Phone: (3 I 7) 844-0 I 06
4) If Item 3)(c) is checked, please complete the following:
Owner of the propel1y involved:
Owner's address:
Phone:
5) Record of Ownersh ip:
Deed Book No.llnstrul1lent No. See Exhibit "A"
Page:
Purchase date:
6)
Common address of the property involved:
See Exhibit "A"
Legal description: See Exhibit "A"
Tax Map Parcel No.: See Exhibit "A"
7) State explanation of requested Use Variance: (State what you want to do and cite the section numbcr(s)
of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal).
See Exhibit "B"
I)ag..~ I of] - Use Variance Applicmion
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8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
See Exhibit "C"
Present zoning ofthe propelty (give exact classification): R-I (Residence)
9)
10)
I I )
12)
Present use ofthe property:
Size of lot/parcel in question:
Vacant
See Exhibit "8"
acres
Describe the proposed use of the propel1y:
Administrative office for Applicant
13)
Owner occupied
Renter occupied
Other Applicant is prospective purchaser
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 th is application? If yes, give
date and docket number, decision rendered and pertinent explanation.
ADDI ication to Vacate Plat Covenants, and Publ ic Uti I ities fi::w Section R of The Silt: Iborne (,reene
Is the property:
Subdivision filed on June 21, 2002. Docket N. 93-02-PV
15) Has work for which this application is being filed already stal1ed? If answer is yes, give details:
Building Permit Number: N/A
Builder: N./A
16) If proposed appeal is granted, when will the work commence?
ImmediMelv
17) If the proposed appeal is granted, who will operate and/or LIse the proposed irnprovelllent for which this
application has been filed?
Appl icant, its successors and/or its assi Qnees.
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days
prior to the public hearing date. 'fhe certified "Proof of Publication" affidavit for the newspaper must be
available for inspection the night of the hearing.
Page 2 pr 3 - Use Variance Applicatioll
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LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice
are recol11 mended:
I) 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 abutLing properly owners (A receipt signed by the adjoining and
abutting property owner acknowledging the twenty-five (25) day notice should be kept tor 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) DA YS PRIOR TO PUBLIC
HEARING DA TE.
The applicant understands that docket numbers will not be assi!!ned lInt.!1 all supporting. information has been
subm itled to the Department of COl11munity Services.
The applicant certifies by signing this application that he/she has been advised that all reprcsentations o1'thc
Department of Community Services are advisory only and that the applicant should rcly on appropriate subdivision and
zon ing ordinance and/or the legal advice of his/her attorney.
ci':rl~ ~~er",N ELSON & FRANKENBERG ER
Attorney for Applicant
Dnte: 7 - I'Z. -..r-"'2....,
Page 3 lln - Use Variancc Application
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EXHIBIT "A"
Record Ownership and Legal Description
Parcell
Owner = Davis Homes, LLC
Deed = Instrument No. 9809853268
Legal Description =
Lot 331 of Shelborne Greene, Section 8, the plat of which was
Recorded with the Recorder of Hamilton County, Indiana, on
July 27, 1999, as Instrument No. 199909944446.
Parcel 2
Owner = College Park Baptist Church, Inc.
Legal Description =
PARCEL II
FROM COLLEGE PARK BAPTIST CHURCH, INC,
LEGAL DESCRIPTION
Part of the Southwest Quarter of Section 8, Township 17 North, Range 3 East. of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana, desc:1bed as follows:
Commencing et the Southwest comer of the Southwest Quarter of Section 8; thence North 00
degree509 minutes 16 seconds East (sSSllmed bearing), along the West line ot said Southwest
Quarter, B distance of 73.2.09 feet to the POINT OF BEGINNING; thence continuing North 00
degrees 09 minutes 16 seconds East, along the West line ot said Southwest Quarter, B distance
of 162.44 feet, to a point which lies on the Southwest corner of She/borne Green, SectionS,
recorded in Plat CliIblnel2, Slide 294, In the Office or the Recorder of Hamilton County, Indiana;
thence North 88 degrees 58 mlnotes 20 seconds East. along the South line of Shelborne Green,
Section 8,a distanC8 of 425,93 feet, to B point which lies on the Southeast comer of Shelbome
Green, Section S; thence South 01 degrees 03 minutes 30 seconds East, parallel to 1he East line
of Shelbome Green, Section 8, a distance of 171.52 feet; thence North B9 degrees 50 minutes 44
seconds West, perpendlClllar to the Wast line of said Southwest Quarter, a cflStance of 429.46
feet, to the POINT OF BEGINNING, containing 1.839 acres more or less.
Subject to the rlght-ot-way of Shelbome Road.
Subject to 8 Utility Easement In ,fav~r of Indiana Ball Telephone per Instrument No. 91.27489 as
recorded in the Office of the Recorder of Hamilton County, Indiana.
Subject to all easements, CQvenants,' restrictions., agreements and right-of.way on record,
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EXHIBIT" Bn
Explanation of Use Variance
The Evangelical Baptist Mission is the prospective purchaser of real estate generally located
cast ofShelbourne Road and north of West 96th Street. The real estate is zoned R-I (Residence) and,
in part, occupied by the College Park Baptist Church.
A church, temple, or other place of worship is a permitted special use in the R-] District.
Churches are customarily considered to be places of worship. While the Evangelical Baptist Mission
is not a church in this sense, it is religious in nature and purpose. It provides training and other
administrative suppoli to mobilize the local churches on either side of the ocean, facilitating global
ministry.
As indicated above, a church is a permitted special use in the R -1 District. Because the
proposed use is integrally related and most similar to a church, a use variance, \vhich is most like a
special use in its approval process, findings, and retention of the underlying zoning classification,
is requested. The proposed use is compatible and consistent with surrounding uses.
In connection with this application, the Evangelical Baptist Mission filed on June 21,2002,
an Application to Vacate the Plat and Covenants applicable to Lot 331 in Section 8 of the Shelborne
Greene Subdivision. Lot 33] is the only lot in Section 8 ofShelbome Greene, and comprises 83,813
square feet, just under 2 acres. The Evangelical Baptist Mission will occupy this Lot 8, along with
1.639 acres of the real estate now occupied by the adjacent College Park Baptist Church.
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EXHIBIT "C"
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGS OF FACT - USE VARIANCE
I. The grant of this variancc will not be contrary to the public interest, due to the existence of special
condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship bccause:
a church is a permitted special use in the R-J District. The proposed use is rei igious in nature and purpose.
Because the proposed use is integrally related and most similar to a church. a LIse variance. \vhich is most
like a special LIse in its approval process. findings. and retention of the L1nderlvinl! zoninl! classification.
is requested. This proposed use is consistent with surrounding uses.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
The proposed use is religious in nature and nurpose. and is consistent with surroundinl! uses.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because:
The proposed use is reli gious in nature and purpose. and is consistent with surround ing uses.
4. The necd for the variance arises from a natural condition peculiar to the subject because:
It is unlikelv that the real estate will be developed for a residential use.
5. The granting of Ih is variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
The proposed Lise is religious in nature and purpose, and is consistent with surrounding uses.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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 pmi hereof.
Adopted this
day of
,2002.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
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Owner's Consent
The College Park Baptist Church, Inc, hereby authorizes the Evangelical Baptist
Missions, and its representatives, and Kelson & Frankenberger, Charles D.
Frankenberger, and other attorneys at Nelson & Frankenberger to represent College Park
Bapli~t Church of Indianapolis, Inc. in connection with zoning approvals necessary to
build an ofilce Lor (h~ Evangelical Baptist Mission on the real estate described on Exhibit
"A", which zoning approvals include, without limitation, use variances, plat vacations,
and covenant vacations.
Date:
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COLLEGE PAlU< BAPTIST CHURCH, Ioe
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Title:
RECEIVEO AUG-20-Z002 12:22P~
FROM--
TO-tlELSON & FRAnKENBERG
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Part oflhe Southwest Quarter of Section &, Township 17 Nonl'l, Range 3. East, gfthe Second \(~\. ~.
Pdm;lpal Mertl1fan, In Clay Township, Hamillon County, Indiana, descrtbed 85 foHows: ,<z i"').,~~------<\\ B
. ~I 1'80
Commendng a1 the Southwest comer of Ille Southwest Quarhlr Df Section 8; thence North 00
degrees 09 minutes 16S8tOOds East (sSSIlmed beBl1ng), along lf1a Weslllne of said Southwest
Quarter, a distance of 732.09 feel to the POINT OF BEGINNING; 1h.ence continuing North 00
(tegrees 09 mlllulBli 10 li9ccmdll Es6t, along 'he WesUn~ of said 600lhwest Quarter, B distance
or 15244 feel. 10 a point Which lies on the SQuti'1wt1fil cornerot Shelbome Green. Section 8,
recorded In Plal Cablnel2, Slide 294., In the Office or !he Rer:onfer of Hamilton Counly, Indiana;
thence North 118 degrees 58 minutes 20 seconds East, along IlIe Boutn line of Shelborne Green,
SectIon B, II d[staBC4 Of 425.93 feet. to a po/nl whIch lies on the Southeast corner of Sheltlome
Groen, Seetlon S; thence South Ot del/resl! 03 minutes 30 seconds East, parallel to the &st IIIle
or Sherborne Green, Sedlon 8, II distance of 171.52 ftll1~ thence NorthB9 degrees SO minutes 44
~eoonds WelR, perpeOOlcular to the West I(ne of said Southwest QUarter, II distance of 429.46
feet, to the POINT OF SEGII\'NING. cgntalnlng 1.839 aams mOM r.r f9S'.l:
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Subject to the r1gh~-way lIf Sllelbom & Road.
SUbJe<;f to III Ulillty Easernelllln favor of indiana Bell Talephooe per Instrument No. tit .27489 aa
recomed In tt1e Office of the Recorder of Hamilton County, 'ndiana.
Subject to alt easements, covAnanls. rastri.cl.hms, acreements and rig hto(lf-way00 record.
!lE(l1VE0 JUL-U-2m 11:5],1,11
FRUit- J 1175741 ?~9
TlI-NElSOH a FHAIIKC&RC
PAti 002
RECEIVED AUG-20-2D02 12:22PM
F ROll--
TO-NElSON 4 FRANKENBERG
PAGE 003
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