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CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: 08090010 UV
Petitioner: Gibault, Inc.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
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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