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Home My WebLink AboutApplication V .... { U'" :;.... . ..,;.' '~i~U, ,., . CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $275,00 for the first variance, plus $8500 for each additional section of the ordinance being varied, ' " ~ "- Ail Other $1,090,00 for the first variance, plus $515,00 for each additional section afl)1e ordilffl[lce being , varied OR see Hearing Officer Fees , ITt.CElVED DOCKET NO,&4JtJ'li>>1t'l 1/ DATE RECEIVED: FEe J 5 :/' Docs 1) Applicant: Northview Christian Life Church, Inc. Address: c/o Rick ThomDson - See Exhibit "A" for Contact List 2) Project Name: Northview Christian Life Church. Inc. Addition Engineer and Architect: See Exhibit "A" Contact List Attorney: Charles D, Frankenberger and Jim Shinaver Contact Person: See Exhibit "A" Contact List 3) Applicant's Status: (Check the appropriate response) XXX (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other - The applicant is a tenant 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: NA Owner's address: NA 5) Record of Ownership: Deed Book No.llnstrument No, See Exhibit "8" - Tax Card Page: Purchase date: 6) Common address of the property involved: 5535 131st Street East. Carmel. In46033 Legal description: See Exhibit HC" - Legal DescriDtion Tax Map Parcel No.: 16-10-28-00-00-040,000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request), The Applicant is constructing an addition to its Church and the heiqht of the addition may exceed the heiqht requirements for this zoning classification, Further, the Applicant may require other developmental standards variances as part of its planned addition, U. iJ (.I) { Page 1 of 10- z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 0110312006 u u .. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). See Exhibit "0" - FindinQs of Fact 9) Present zoning of the property (give exact classification): 8-1 (Residential) 10) Size of lot/parcel in question: Approximatelv 81 acres 11) Present use ofthe property: Church 12) Describe the proposed use of the property: Church 13) Is the property: Owner occupied XXXX 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. Applicant will also be seeking an amendment to a previously approved special use variance. 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: NA Builder: NA 16) If proposed appeal is granted, when will the work commence? Immediatelv upon obtaining all required approvals 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant. its successors and assig ns 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 TVVENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assioned until all supportinq information has been submitted to the Department of Community Services. Page 2 of 1 O-z:\sharedlforms\BZA applicallons\ Development Standards Variance Application re,. 0110312006 u u AFFIDAVlT I, hereby swear that I am the authorized by the owner 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. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Northview Christian Life Church, Inc. signed:fi~'L2 ~ Rick;rhompson '9 Title:__,I5_~'" e ~ '; /J. n\ .......... : ....")1' C., r-o.1/~ r Dated: ').-15... b ~ STATE OF INDIANA ss: County of.. I-! a Itl / I 1-0 n Before me the undersigned, a Notary Public (County in which notarization takes place) for !-I a..rn,' I -fa n (Notary Public's county of residence) __ County, State of Indiana, personally appeared ~ icJ( /1.\..0 rnpGo n and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) 15+r....- day of ~brtA,,()..~ ,20JL~ ~~~./~ Notary Public~-Signature (SEAL) ;.he-be-e.-~ s. N I r1 ,,-j Notary Public--Pleas8 Print ( My COlrission expire9; Jag'..-~OO.5 Page 3 of 10- z:\shared\forrn>\EllA applications\ Do""loplllor\l Slanoartls Varlane:<> Appllcallt'n rov. 01/03/2006 u u EXIHIBIT "A" Contact List I. APPLICA,NT & OWNER: Northview Cluistian Life Church, Inc. c/o Rick Thompson 5535 131 st Street East Carmel, IN. 46033 846-2884 - phone 846-7279 - fax rick. thompson@nvel.org 2. ATTORNEYS: Nelson & Frankenberger Charlie Frankenberger/Jim Shinaver 844-0106 - phone 846-8782 - fax Charlie@nf-law.com:;i111srCUnf-law.com 3. ENGINEERS: Crossroad Engineers, PC c/o Gregory 1. Ilko, P.E. 3417 South Sherman Drive Beech Grove, IN. 46107 780-1555 - phone 780-6525 - fax gi Iko(O)crossroadengineers. com 4. ARCHITECTS: Champlin Haupt Architects, Inc. c/o Benj amin J. Richards, Principal c/o Bryan R. Duncan, Project Manager 424 East Fourlh Street Cincinnati, OH. 45202 (513) 241-4474 (ext. 25)-phone (513) 241-0081 - fax bel11'@charchitects.com brvandrCUcharchi tects. com Page 4 of 10- z:\sharedlformsIBZA applicationsl Development Standards Variance Application rev, 01/03/2006 u u 5. CONTRACTOR: S&B Construction Company c/o Steven J. Siroky 117 E. Washington Street, Suite 200 Indianapolis, IN. 46204-3614 637-2222 - phone 637-2260 - fax ssirok y@s-bconstruction.com 6. LIGHTING: Xnth - Gallegos Lighting c/o Michael J. Schrupp 1306 Pomona Street, Suite 204 Crockett, CA. 942525 (510) 787-0337 - phone (510) 787-0339 - fax mscluupp@x-nth.com Page 5 of 1D-z:\sharedlformsIBZA applicalionsl Development Standards Vanance Application rev, 01/03/2006 Hamilton Co., IN - Online Reports " U u Page 1 of 1 Online Sl Parcel Information Report 1. report type 2. property search 1 Reset I I. new search I orts j [ spring tax statement ] I tax payments II property card [ fall tax statli'll1~nt Disclaimer: The information available through this program is current as of Dec 17th, 2007. PLEASE NOTE!! This information is as Dee 17th 2007, and will not be updated until year end maintenance has been con will announce on our Home Page when daily updates resume. This program allows you to view and print certain public records. Each report reflects information as of a specific date; 50 the informatiol different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for ( accuracy. It may not reflect the current information pertaining to the property of interest I Parcel No: 16-10-28-00-00-040.000 II I Property Address: Deeded Owner: Northview Christian Life Church Int 5535 131st St E Owner Address: Carmel, IN 46033 5535 131st St E Carmel ,IN 46033 Legal Description: ANNEXED 11/4/88 A 5/18/93 SPLIT FOR RjW 3/31/94 SPLIT TO BARNES 3/31/94 SPLIT TO FULLER 5/25/94 SPLIT FOR R/W 9423899 4/7/97 R/W SPLIT 97131253/13/98 B&P R/W ALREADY TAKEN 9812333 I Section[Township/Range: 28/18/04 I I Subdivision Name: I ISlock: I I Deeded Acres: 76.86 I I Political Township: Clay I I Lot Number(s): I II Most Recent Recorded Date: Not Available. II (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1 @ 2005 Hamilton Co. Website Suggestions or Issues I Conditions of Use I Privacy Policy I Site Map I Technical Help I HOME @ 2006, Hamilton County, indiana - all rights reservod. EXHlBlT l ~ http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno=161 0280000040000... 2/6/2008 Hamilton Co.. IN - Online Reporls .' lJ u Page 1 of 1 Online Sf Property Card Report [1. repor type Reset 2. property search I new search] 3. view reports [ general porcel info. j I tox poyments III property card JI Disclaimer: This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatior different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for ( accuracy. It may not reflect the current information pertaining to the property of interest. The information located on this web site is provided by Hamilton County, Indiana. Continued use of this web site is conditional upon your explicit accep terms and conditions set forth in this disclaimer document. The data provided herein may be inaccurate or out of date. Any person or entity who relies . information for any purpose whatsoever does so soleiV' at their own risk. Neither Hamilton County, Indiana, or any agency, offices, or employee of any, information provider warrants the accuracy, reliability, or timeliness of any of the data provided herein. This data fs provided "as is" without warranty 01 Any, and all information contained on this web site report is the result of assessment data extracted on the most recent taxable year. March 1, 200 Improvement characteristics may differ from those used to determine the total assessed value listed, Summary Information - Parcel Number: 16-10-28-00-00-040.000 Property Data Property Owner as of April 30, 2007 Parcel location 5535 131ST ST E,CARMEL Northview Christian Life Church Inc Taxing Unit Carmel Most Recent Valuation as of March 1, 2006 Legal Description ANNEXED 11/4/88 A 5/18/93 sPur Assessed Value: land 2462000 FOR R/W Assessed Value: Improvements 6034900 Section(f ownship/Range S28 T18 R04 Total Assessed Value: 8496900 Subdivision Name NULL Lot and Block Lot Block Acres 76.86 Effective Frontage Effective Depth Property Class Exempt Churches Exterior Features and Out Buildings 1 General Office, 1 Paving, 1 Barn, 6 Canopy, J [ spring tax statement I. fa II tax sta~efT)en t This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact j @ 2005 Hamilton Co. Website Suggestions or Issues I Conditions of Use I Privacy Policy I Site Map I Technical Help. I HOME @ 2006, Hamilton County, Indiana - all rigtlts reserved. http://VY'V-i'W.co.hamilton. in. us/app/reports/rptpropcard.asp 2/6/2008 u u EXHIBIT "e" Le2:al Description Legal Description INSTRUMENT NO. 8515410IDEED RECORD 351, Page 952 A PART OF THE SOUTHEAST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP EIGHTEEN (18) NORTH, FOUR (4) EAST, RUNNING THENCE SOUTH ON THE EAST LINE OF SAID QUARTER SECTION NINETEEN HUNDRED AND TWO (1902.0) FEET; THENCE WEST EIGHTEEN HUNDRED FIFTY-NINE AND SEVEN TENTHS (1859.7) FEET; THENCE NORTH NINETEEN HUNDRED AND TEN (1910.0) FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE EAST ON THE NORTH LINE OF SAID QUARTER SECTION EIGHTEEN HUNDRED SEVENTY-TWO AND EIGHT TENTHS (1872.8) FEET TO THE PLACE OF BEGINNING (CONTAINING 81.66 ACRES MORE OR LESS). EXCEPTION EXCEPTING THEREFROM THE PORTION OF REAL ESTATE CONVEYED TO ROBERT E. AND SANDRA A FULLER BY CORPORATE WARRANTY DEED RECORDED MARCH 31, 1994 AS INSTRUMENT NO. 945156 AND DESCRIBED AS FOLLOWS: A PART OF THE SOUTHEAST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP EIGHTEEN (18) NORTH, RANGE FOUR (4) EAST, IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 22 DEGREES 15 SECONDS EAST ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1500.16 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN DEED RECORD NO. 902720 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, AND THE BEGINNING POINT (SAID BEGINNING POINT BEING DISTANT 82.50 FEET NORTH FROM THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28); THENCE SOUTH 89 DEGREES 34 MINUTES 20 SECONDS WEST ALONG THE NORTH LINE OF SAID TRACT OF LAND (INSTRUMENT NO. 902720) A DISTANCE OF 1049.93 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN INSTRUMENT NO. 902717 IN SAID RECORDER'S OFFICE; THENCE SOUTH 00 DEGREES 17 MINUTES 57 SECONDS EAST ALONG THE EAST LINE OF SAID TRACT OF LAND (INSTRUMENT NO. 902717) A DISTANCE OF 211 FEET TO THE NORTHEAST CORNER OF TIMER CREST BEND, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, THE PLAT OF WHICH IS RECORDED IN PLAT CABINET 1, SLIDE 159 AS INSTRUMENT NO. 91-7811 IN SAID RECORDER'S OFFICE (SAID POINT ALSO BEING ON THE SOUTH LINE OF THE TRACT OF LAND DESCRIBED IN BOOK 351, PAGE 952 AS INSTRUMENT NO. 8515410 IN SAID RECORDERS OFFICE); THENCE NORTH 89 DEGREES 33 MINUTES 27 SECONDS EAST ALONG SAID SOUTH LINE A DISTANCE OF 1049.93 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 AND THE SOUTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN SAID INSTRUMENT NO. 8515410; THENCE NORTH 00 DEGREES 22 MINUTES 15 SECONDS WEST ALONG THE SAID EAST LINE A DISTANCE OF 1.84 FET TO THE BEGINNING POINT. (CONTAINING 0.048 ACRES MORE OR LESS) ALSO, EXCEPTING THEREFROM THE PORTION OF REAL ESTATE CONVEYED TO ROBERT E. AND SANDRA A. FULLER BY CORPORATE WARRANTY DEED RECORDED MARCH 31, 1994 AS INSTRUMENT NO. 945156 AND DESCRIBED AS FOLLOWS: Page 7 of 1 O-z:\shar.d\formsIBZA applications\ Development Standards Variance Application rev. 01/03/2006 u u A PART OF THE SOUTHEAST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP EIGHTEEN (18) NORTH, RANGE FOUR (4) EAST, IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 22 DEGREES 15 SECONDS EAST ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1902.0 FEET TO THE SOUTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN DEED RECORD 351, PAGE 952 AS INSTRUMENT NO. 8515410 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 33 MINUTES 27 SECONDS WEST ALONG THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF 1471.83 FEET TO THE BEGINNING POINT (SAID BEGINNING POINT THE NORTHWEST CORNER OF TIMBER CREST BEND, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, THE PLAT OF WHICH IS RECORDED IN PLAT CABINET 1, SLIDE 159 AS INSTRUMENT NO. 91-7811 IN SAID RECORDER'S OFFICE); THENCE NORTH 15 DEGREES 35 MINUTES 18 SECONDS WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF DESCRIBED IN SAID TIMBER CREST BEND SUBDIVISION A DISTANCE OF 2.67 FEET TO THE NORTH LINE OF THE TRACT OF LAND DESCRIBED IN INSTRUMENT NO. 902717 IN SAID RECORDER'S OFFICE; THENCE SOUTH 89 DEGREES 37 MIUTES 13 SECONDS WEST ALONG SAID NORTH LINE AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER SECTION A DISTANCE OF 375.47 FEET TO THE NORTHWEST CORNER OF THE TRACT OF LAND DESCRIBED IN SAID INSTRUMENT NO. 902717; THENCE SOUTH 00 DEGREES 22 MINUTES 15 SECONDS EAST ALONG THE WEST LINE OF SAID TRACT OF LAND AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2.99 FEET TO THE SOUTH LINE OF THE TRACT DESCRIBED IN SAID INSTRUMENT NO. 8515410; THENCE NORTH 89 DEGREES 33 MINUTES 27 SECONDS EAST ALONG SAID SOUTH LINE A DISTANCE OF 376.17 FEET TO THE BEGINNING POINT. (CONTAINING 0.024 ACRES MORE OR LESS). Page 8 of 1 O-z:lsharedlformsIBZA appl'cationsl Development Standards Variance Application rev. 01/03/2006 H:l.Bo.;k.y\Urad's filcs\Zollinl; &. &;)1 E':s(.."uc MHtl<,:r:5;N('IrLlt~'bl." ChrisuAn Church'.t'\'OTICE OF PIJIlUC HEAR1NG-ZIJuillg App.urn.: u u ~ CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: - Heiqht Variance and Other Variances Petitioner: Northview Christian Life Church. Inc.. and its successors and assians 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: The requested height variance will permit the construction of an appropriatelv desiqned structure which will be compatible with the other structures on the property and; as a result. the qranting of the variance will not be iniurious to the public health. safety. morals and qeneral welfare of the community. 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: In addition to the rationale set forth in Response No.1 above, the use and value of the area adiacent to the property included in this request will not be affected in a substantially adverse manner because the proposed addition will be well designed and compatible with the other existing buildings on the property. 3 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use ofthe property because: In addition to the rationale set forth in Responses No.1 and No.2 above, strict application of the tem1S of the Zoning Ordinance will result in practical difficulties in the use of the property because the Applicant will be denied an opportunity to design and construct an appropriately sized building to accommodate the needs of this Church. 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 SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 10 of 10- z:\sharedlforrnsIBZA applicationsl Development Standards Variance Application rev. 01/0312006