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Home My WebLink AboutFindings of Fact /~' CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 08090010 UV Petitioner: Gibault, Inc. FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. 4. 5. DATED THIS 2ih DAY OF OCTOBER. 2008. CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 08090010 UV Gibau It, Inc. FINDINGS OF FACT - USE VARIANCE 1. The grant ofthis Variance 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 because: The site has been used in this manner for many years. and would have to return to a primarilv residential use, thus causing the health care center to lose a !!feat deal ofDarking. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The use has existed at this site for many years. and serves a commercial use which is sited on approvriatelv-zoned land. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The use has existed at this site for many years, and serves a commercial use which is sited on appropriately-zoned land. 4. The need for tbe variance arises from a natural condition peculiar to the subject because: The site has been used in this matter for many years, and would have to return to a primarily residential use, thus causing the health care center to Jose a great dca] of parking. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive plan because: The existing use is transitional and is located (i) south and west of an area already zoned B2 and (Ii) on the comer orthe interchange of State Highway 431 (Kevstone Avenue) and 131 5t Street. DECISION IT IS THEREFORE the decision of the CarmellClay Board of Zoning Appeals that the Use Variance Docket No. 08090010 is granted, subject to any conditions stated in the minutes of this Board, and set forth below which are incorporated herein by reference and made a part hereof. ADOPTED this 27th day of October, 2008. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRET ARY, Cannel/Clay Board of Zoning Appeals Conditions: This use variance is granted with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A". It is a condition of the grant of this use variance that, with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "B" (the "Property"), which includes the real estate described in Exhibit "A", the uses described in what is attached hereto and incorporated herein by reference as Exhibit "c" (the "Prohibited Uses") are not allowed. EXHIBIT A A part of the NOliheast Quarter of Section 30, Township 18 NOlih, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the NOltheast Corner of the NOltheast Quarter of said Section 30, Township 18 North, Range 4 East; thence South 89 degrees 59 minutes 38 seconds West (basis of bearings assumed from the Quitclaim Deed to Steve L. Dehne ("Dehne tract") recorded as Deed Book 347, page 889 in the Office of the. Recorder of Hamilton County, Indiana) 1,179.75 feet along the NOlth Line of said Northeast Quarter to the northeastern comer of said Dehne tract and the POINT OF BEGINNING of this description; thence continue South 89 degrees 59 minutes 38 seconds West 137.95 feet along said North Line; thence South 00 degrees 04 minutes 09 seconds West 135.00 feet parallel with the eastern line of said Dehne tract; thence South 10 degrees 04 minutes 09 seconds West 101.50 feet; thence South 00 degrees 04 minutes 09 seconds West 69.00 feet parallel with said eastern line; thence South 89 degrees 59 minutes 38 seconds West 25.00 feet parallel with said NOlth Line; thence South 00 degrees 04 minutes 09 seconds West 60.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 30.00 feet parallel with said NOlth Line; ; thence SOl,lth 00 degrees 04 minutes 09 seconds West 165.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 75.00 feet parallel with said North Line; thence North 00 degrees 04 minutes 09 seconds East 165.00 feet parallel with said eastern line; thence NOlth 89 degrees 59 minutes 38 seconds East 75.58 feet parallel with said NOlth Line to said eastem line; thence North 00 degrees 04 minutes 09 seconds East 363.93 feet along said eastern line to the POINT OF BEGINNING, containing 1.543 acres, more or less. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE: Patt of the Northeast Quarter of Section 30, Township 18 North, Range 4 East, in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the North line of the NOItheast Qumter of Section 30, Township 18 North, Range 4 East 1179.75 feet South 89 degrees 59 minutes 38 seconds West (assumed bearing) from the Northeast comer of said Northeast Quatter; thence South 89 degrees 59 minutes 38 seconds West on said North line 132.95 feet; thence South 00 degrees 02 minutes 57 seconds West parallel with the East line of said Northeast Quatter. 270.00 feet; thence North 89 degrees 59 minutes 38 seconds East parallel with said North line 132.95 feet; thence North 00 degrees 02 minutes 57 seconds East parallel with said East line 270.00 feet to the place of beginning, containing 0.824 acres, more or less. [The aggregate area described containing 0.719 acres, more or less.] EXHIBIT B As part of the Northeast Quarter of Section 30, Township 18 North, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Comer of the Northeast Quarter of said Section 30, Township 18 North, Range 4 East; thence South 89 degrees 59 minutes 38 seconds West (basis of bearings assumed from the Quitclaim Deed to Steve L. Dehne ("Dehne tract") recorded as Deed Book 347, page 889 in the Office of the Recorder of Hamilton County, Indiana) 1,179.75 feet along the North Line of said Northeast Quarter to the northeastern corner of said Dehne tract and the POINT OF BEGINNING of this description; thence continue South 89 degrees S9 minutes 38 seconds West 137.95 feet along said North Line; thence South 00 degrees 04 minutes 09 seconds West 135.00 feet parallel with the eastern line of said Dehne tract; thence South 10 degrees 04 minutes 09 seconds West 101.50 feet; thence South 00 degrees 04 minutes 09 seconds West 69.00 feet parallel with said eastern line; thence South 89 degrees 59 minutes 38 seconds West 25.00 feet parallel with said North Line; thence South 00 degrees 04 minutes 09 seconds West 60.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 30.00 feet parallel with said North line; thence South 00 degrees 04 minutes 09 seconds West 165.00 feet parallel with said eastern line; thence n011h 89 degrees 59 minutes 38 seconds East 75.00 feet parallel with said North line; thence North 00 degrees 04 minutes 09 seconds East] 65.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 75.58 feet parallel with said North Line to said eastern line; thence North 00 degrees 04 minutes 09 seconds East 363.93 feet along said eastern line to the POINT OF BEGINNING, containing 1.543 acres, more or less. EXHIBIT C List of Prohibited Uses: Penal or Correctional Institution Post Office Public Service Facility General Retail Sales Lumber/Building Materials Sales (enclosed) Automobile Service Station Automobile/Boat Sales Automobile/Truck Repair (indoor) Car Wash Commercial Kennel Dry Cleaning Establishment (with on-site plant) Dry Cleaning Establislmlent (without on-site plant) Equipment Sales/Repair (indoor) Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self-Service Laundry Veterinary Hospital with Commercial Kennel Veterinary Hospital without commercial kennel Wholesale sales Hotel Hotel (Full Service) Indoor Theater Outdoor Theatre Restaurant, without drive-thru food sales Restaurant, with walk-up/drive thru food sales TavernlNight Club Borrow Pit/Top Soil Removal & Storage Sanitary Landfill, Junk Yard, Salvage Yard Light Industrial Storage and/or Warehousing Indoor Storage or Sale of Petroleum Products MineraVSand/Gravel Extraction Operations Storage/Distribution Facility Feed Store Plant Nursery Grain Elevator Conmlercial Recreational Facility, Outdoor Private, Recreational Facility Park, Public Shooting Gallery Aliificial Lake or Pond (non-platted) Cemetery Construction Facility Display, Outdoor Sales, Outdoor Special Event, Outdoor Collocated Antenna Radio and/or Television Studio Radio/Television Transmission Antenna3 Radio/Television Transmission Tower Tower Motor Bus or Railroad Passenger Station Commercial Parking Lot 1 CARMELJCLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 08090010 UV Petitioner: Gibault. Inc. FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. 4. 5. DATED THIS 2ih DAY OF OCTOBER- 2008. /~ CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: 0809001 0 UV Gibault, Inc. FINDINGS OF FACT - USE VARIANCE 1. The grant of this Variance 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 because: The site has been used in this manner for many years. and would have to return to a primarily residential use. thus causing the health care center to lose a great deal of parking. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The use has existed at this site for many years, and serves a commercial use which is sited on apRropriately-zoned land. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The use has existed at this site for many years. and serves a commercial use which is sited on appropriately-zoned land. 4. The need for the variance arises from a natural condition peculiar to the subject because: The site has been used in this matter for many years. and would have to retum to a primarily residential use, thus causing the health care center to lose a great deal of parking. 5. The granting of this variance does not substantially interfere with the Cannel/Clay Comprehensive plan because: The existing use is transitional and is located 0) south and west oran area already zoned 82 and (ii) on the corner of the interchange of State Highway 431 (Keystone Avenue) and 131 ,. Street. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that the Use Variance Docket No. 080900] 0 is granted, subject to any conditions stated in the minutes ofthis Board, and set forth below which are incorporated herein by reference and made a part hereof. ADOPTED this 27th day of October, 2008. SECRETARY, Cannel/Clay Board of Zoning Appeals Conditions: This use variance is granted with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A". It is a condition of the grant of this use variance that, with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "8" (the "Property"), which includes the real estate described in Exhibit "A", the uses described in what is attached hereto and incorporated herein by reference as Exhibit "C" (the "Prohibited Uses") are not al1owed. .----------. CARMEL/CLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 08090010 UV Petitioner: Gibault, Inc. FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. 4. 5. DATED THIS 2ih DAY OF OCTOBER, 2008. 11:("" ~A;$J~:~ Board Member ;y CARMEL/CLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 08090010 UV Petitioner: Gibault Inc. FINDINGS OF FACT - USE VARIANCE (Ballot Sheet) 1. 2. 3. 4. 5. DATED THIS 2ih DAY OF OCTOBER. 2008. ~ - {w~~ p~ Mht Board Member