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CITY OF CARMEL/CLAY TOWNSHIP <
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION -
USE VARIANCE
FEE:$1,430 plus $114.50 per acre
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DOCKETNO.: [/ OV
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RECEIVED
MAR 1 4 2o.~
DOCS
DATE RECEIVED:
1) Applicant: Lisa and Stuart Lawrence d/b/a Happilv Ever After 'Flower Shop
Address:
9780 San Marco Pass, Indianapolis, IN 46280
2)
Project Name: Grav Road & 116th (SW Corner)
Engineer/Architect: Delmis Lockwood
Phone:
Contact Person: E. Davis Coots
Phone: (317) 844-1303
Phone: (317) 844-4693
Phone: (3 17) 844-4693
Attorney:
E. Davis Coots
Email:
dcoots @chwlaw.com
3) Applicant's Status: (Check the appropriate response)
XX (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) IfItem 3 (c) is checked, please complete the fol1owing:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./Instrument No.:
Page:
Purchase Date:
6) Common address of the property involved: 46] 1 E. 116th Street. CanneL IN 46033
Legal Description: See attached Exhibit A
7)
Tax Map Parcel No.: 16-14-05-00-00-004.000
State explanation of requested Special Use: 5.01 - S-1 permitted and special uses - Although
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greenhouses and plant nurseries are special exceptions in an S-1 zone. flower shops are not.
27.03.02 - curbed parking area - To establish a porous parking lot and drive, applicant seeks
to eliminate poured curbs. Applicant will provide parking stops for each parkin!;! space.
The requested use variance will be personal to the applicant. If ownershi p of the propel1y
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changes from Lisa or her immediate family, the use variance shall extinguish and become
null and void.
8) State reasons supporting the Use Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact- Use Variance"). The existing old house. 14 feet from 1 16th
Street ROW is more suited for use as a flower shop and not as a residence. Applicant intends
to landscape and improve the appearance of the site to make it an attractive addition to the
area.
9) Present zoning of the property (give exact classification): S-l
10) Present use of the property: Vacant. although a single family residence is located on the
property.
11) Size of lot/parcel in question: 1. 7 A
12.) Describe the proposed use of the property: Applicant will operate her flower business from
the existing building. Most of applicant's business is weddings, church decoration and
special events. There will be some retail conducted on site.
13) Is the property: Owner occupied: Yes
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. No.
15) Has work for which this application is being filed already started? If answer is yes, give
details: No.
Building Permit Number: N/A
Builder:
16) If proposed appeal is granted, when will the work commence? Immediate} v.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement
for which this application has been filed? Lisa Lawrence.
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NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDA TOR Y 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 ovmers is also MANDA TORY, 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)
DA YS PRIOR TO PUBLIC I-IEARING DA IE.
The applicant understands that docket numbers will not be assigned until all supporting information
has been submitted to the Department of Community Services.
M:\EDC\LAWRENCE, LISA & STUART.ISI26\BZA Use Variancewpd
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AFFIDA VIT
I hereby swear that I am the owner/contract purchaser of property invol ved 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. 1, the
undersigned, authorize the applicant to act on my behalf with regard to this application and
subsequent hearings and testimony.
Signed:
Date:
3!'f/d8
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(Property Owner,' Attorney or Power
Attorney)
E. Davis Coots
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana,
personall y appeared E. Davis Coots and acknowledged the execution of the foregoi ng instrument this
14th day of March, 2008.
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Notary Public, Si ature
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Notary Public, Printed Name
My Commission Expires: 11/ z... 4 -tfl-
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03/13/2008 08:36
8441758
MARK SWANSON ASSOC.
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EXhibit "A."
A pIllIt filh Nol'tM.eat Quarter of S4Jctlon Five (5), TowJI8hlp Seventeen (171 North, Range
Four (4) E8Clt, 10000..d In Hammon County, Indiana, described as follows~
Bsgtn Sot the NoRHlISt corn.r of 8/!11d Quarter 9sctlon, run thencllt West on the North line 305.0
1\iI0t. ~ $CMAh p~"11I with the East line of sald Qulllfter Section 305.28 feet, thence East
___~.t~~ NorGh line 305.0 feet to the East line of Bald Quarter section, thencs North
$!G.. tlMt tAli tt. ~ of biijlnr"'\9.
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A"" criI tM N~t Qusn.r of Section 5, Township 17 North, Rangilt 4 East, Hamilton
~, IMlt.na, end being III part of the land of Flossie R Jennings (deed rocorti 90, page 124,
0fIftC4f (lithe RDconkIr), more partlcularty MscrlbCld a follows:
~....e et the Norttl&8liSt comer"" the uid SecUon, being the Northeast comer of the
OW.ill IlInd; thence ~ Ddegl1HlsOO minutes 01 second West (asaumed bearing) on and
.aone" e_IIM oVthe said fiction, being the Ea&t line of thu owner's land, Ii distance of
206..a fIDot to bSouthea8t comer of ttb$ OWIlGr's land; thence South 89 df!Iore es 32 minute!!:
051HlC8nCb Weston and Idong the South line of tt\e owner'e.land, a dl9t11nCe of 53.19 feet:
thImcI$North 14 dIg....1I1,3 minutia 06 soconds Weat all dl8tanee of 96.60'eet; thence North 22
cbS"" 18 ml"uUlB ~ IlGlII;onds Wellt B d18tance of 103.08 1Mt; thence North 42 degrees 22
~ 04 NCOI'IdB WaUl distance of 81.10 feet; thence North 77 degrees 4Q minutes 32
MlCondiDWnt. dlee.nce of 77.1" ".t; thence South 89 degrees 45 minutes 01 second west
14.'" feret, Go the West 11.- 01 the owner's land; .enOll North 0 dlltgree$ 00 minutes 01 second
E_ Oft ancIlIIong f!he \Ille.t line of the owner's lriilnd, El dlttlll~ of 40.24 feGt to the North Une
all the lll&Id 1NCtlon, being tho Northweet comer of tM owner's land, thence North 89 degrees
62 mlMMe 46'l!ll8conda East on and along the North IIn. of said Mction, being the North line
of ~ owner'eland, . ,d.tanto of 104.79 faet to the Southeast comer of Section 32, Township
18 Norih, ~ .. ~_t: 1hen~1Il North 89 degree. 32mlnuUls 05 seconds Eiltlt on and along
U. North II,. f1II th.'liJaJd s.ctJon 5., being the North Iln& of the owner's land, a dlst=-nce of
_.21 fNt to the place of beSl,mlng.
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