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HomeMy WebLinkAboutApplicationsTingley, Connie S From: Butler, Angelina V Sent: Monday, June 30, 2003 11:11 AM To: Tingley, Connie S Cc: Hollibaugh, Mike P; Dobosiewicz, Jon C; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A Subject: Docket No. Assignment- UV /DSV /DSV) Carmel Cemetery (UV -74 -03 #03060025, V- 75 -03/ #03060026, V- 76 -03/ #03060027) Connie, Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary Docket Numbers for (UV /DSV /DSV) Carmel Cemetery. It will be the following: UV -74 -03 #03060025 $1092.00 V -75 -03 #03060026 $655.00 V -76 -03 #03060027 $72.50 Total Fee: $1,819.50 1 Carmel Cemetery (UV- 74 -03, V- 75 -03, V- 76 -03) Petitioner seeks the following Use Variance: UV -74 -03 #03050025 §23B.4 special use in US 31 Overlay Zone Petitioner seeks the following Development Standards Variance: V -75 -03 #03050026 §23B.08.02.A side rear yard adjacent to R -1 V -76 -03 #03050027 Alternative Transportation Plan 12' dedicated trail The site is located at 900 N Range Line Road. The site is zoned R- 1/Residential within the US 31 Overlay Zone. Filed by Ronald Bussell on behalf of the Carmel Cemetery Association. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, July 3, 2003 Published notice is required within the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, July 18, 2003. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, July 18, 2003. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, August 25, 2003 agenda of the BZA. 5. This Item will appear on the July 28, 2003 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide one fully filled -out Findings -of -Fact sheets (DSV application, pg.8) for each petition the night of the meeting for the Board's use. On Ballot Sheet (DSV application, pg.7), ONLY fill out Docket No. and Petitioner. PETITIONER: Refer to your application Instruction Sheet for further detail. Please contact Ron Bussell at 317 -574 -2434 (Fax: 317. -755P with this information. Please place a copy in the case file. _go -D_3 PETITIONER: Please provide two (2) copies of the landscape plan to us, and one (1) copy to the urban forester, Scott Brewer. Please change Use Variance Application to reference Sec. 23B.2 instead of Sec.7 of the Zoning Ordinance. Variance from Section 27 Parking is not required. Parking with drives will meet requirements. -We need you to file a Development Standards Variance application if you do not intend to construct the trail. Will the proposed drive be curbed? Show on plan provide pavement details /specs). Please provide a lighting plan, if one exists. Sincerely, Angie Butler Planning Administrator Pl a rok dp C Ltt CA n 9) 2A) (0__Ajzt, k /4 e/k, 12 )1-'-14-eA 15 S .4 N d of nappu- S k ._,te Z a rlia.i s4- wtt;0A Lz. �UV✓t btdt e ke CUiI P" `rv` rid, (ice _bu Lei IS« pi City of Carmel I/ US 3/ U\AftakQiul/ Sip--Q,60d E-( n 7 VtNIl k'c Y>k) \n 4.ta71 ph 7. /4471 471 U53J- /avusc di n L d US �j s'►tit Vi 30 1 W ,-c QcL 1av�d�� mod. 1 acm /(X.D 5 skad P -('2w.$ 3 r rvtardcz i ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2400 On Se ei r De 01/i DATE: June 30, 2003 TO: Ron Bussell FAX: 566 -9550 FROM: Connie NOTES: Attached is the filing information for: Carmel Cemetery Please call if you have any questions. City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317- 571 -2417 Fax: 317- 571 -2426 FACSIMILE TELECOPY COVER LETTER Attached hereto are 3 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571 /2419 and ask for Connie. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property 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 this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us. CITY OF CARMEL /CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION USE VARIANCE FEE: $1,092.00 DOCKET NO. DATE RECEIVED: 1) Applicant: Carmel Cemetery Association Address: 900 North Rangeline Road, Carmel, IN 46032 2) Project Name: Carmel Cemetery Expansion Phone: 574 2434/566 -9550 Engineer /Architect: Darrell Phillips, Weihe Engineers Phone: 846 -6611 Attorney: Ronald L. Bussell Phone: 574 -2434 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) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: Record of Ownership: Deed Book No. /Instrument No. Book 278 Page: 370 Purchase date: December 30, 1974 6) Common address of the property involved: 1000 North Rangeline Road, Carmel, IN Legal description: See Attached Tax Map Parcel No.: 16 09 24 022.000 16 09 24 00 025.000 7) State explanation of requested Use 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 appeal). Currently zoned R -1, request use variance to use as cemetery. Zoning Ord 'L27t Page 1 of 8 Z:\shared \forms \BZA applications\ Use Variance Application rev. 12/31/02 o• 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Use Variance The granting of the variance will continue the public purpose of the land and the existing use of the parcel as a cemetery. No activity on the property will injure the general welfare of the community, but will serve the public as a location for the burial of residents and others. All :current__uses of were established after the existence of the current cemetery. 9) Present zoning of the property (give exact classification): R -1, Residence District 10) Present use of the property: Cemetery or vacant 11) Size of lot/parcel in question: 9 acres (5 acres of current parcel 4 in new) acres 12) Describe the proposed use of the property: Burial space for the dead. 13) Is the property: NOTE: Carmel Cemetery Association XX Owner occupied 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. Development Plan and ADLS Pending 69 03 DP /ADLS 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Summer 2003 17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? 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. Page 2 of 8 Z:\shared \forms \BZA applications\ Use Variance Application rev. 12/31/02 Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Carmel Cemetery Association 00 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 land subject to the request has long been owned by the Carmel Cemetery Association and is adjacent to the current cemetery. The land has no access to public access except through the rurrent cemetery_ 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Use as a cemetery is a public purpose. Its operation will not involve any activity other than grounds maintenance, burials and visitation by family members. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: This will be an expansion of an existing cemetery and the land is isolated from any residential properties. 4. The need for the variance arises from a natural condition peculiar to the subject property because: It is the only property adjacent to the current cemetery and would not he suitable for development into residential property. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: The plan indicates this parcel as cemetery property. 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 part hereof. Adopted this day of 20 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Z:\shared\forms \BZA applications\use variance app!. Revised 12/31/2002 DECISION Page B of 8 Z:\shared \forms \BZA applications\ Use Variance Application rev. 12/31/02 Conditions of the Board are listed on the back. APR -23 -2003 WED 11 54 AM WEIHEOWERS INC LEGAL L)ESCRIPION FAX NO. 1 317 40046 P. 02/02 A part of the East half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, described as follows: Begin at a point 898.75 feet North of the Southeast corner of said East half, run thence West parallel with the South line of said quarter section 1099.1 feet to the East tight of way line of the Monon Railroad, thence North 32 degrees 44 minutes 00 seconds West along said right of way line 383.2 feet to the intersection of the West line of said at half of said quarter section, thence North on said West line 154.8 feet to the center of State Highway Number 3 thence North 58 degrees 15 minutes 00 seconds East along the center of said highway, 822.0 feet, thence Northeast along the center of said highway following a curve to the left 218.3 feet, said point being due West of a point 1041.8 feet North of the place of beginning, thence East 450.6 feet to the East line of said East half, thence South on said East line 1041.8 feet to the place of beginning. Except a tract of real estate as follows: A part of the East half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, 1042.46 feet North 00 degrees 00 minutes 00 seconds (assumed bearing) from the Southeast corner of said Southeast Quarter, thence North 00 degrees 00 minutes 00 seconds on said East line 200.81 feet; thence South 88 degrees 42 minutes 50 seconds West parallel with the South line of said Southeast Quarter 631.90 feet; thence South 86 degrees 48 minutes 38 seconds West 123.56 feet to an iron pipe found; thence South 00 degrees 34 minutes 19 seconds West 196.76 feet to an iron pin set; thence North 88 degrees 42 minutes 50 seconds East parallel with said South hne 757.27 feet to the place of beginning. Except a tract of real estate as follows: A part of the East half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, in Clay Township, Hamilton County Indiana, described as follows: Beginning on the East line of the Southeast Quarter of Section 24, Township 18 North, Range 3 East 898.75 feet North 00 degrees 00 minutes 00 seconds (assumed bearing) from the Southeast corner of said Southeast Quarter, thence South 88 degrees 42 minutes 50 seconds West parallel with the South line of said Southeast Quarter 758.70 feet to iron pipe found; thence North 00 degrees 34 minutes 19 seconds East 143.75 feet to iron pin set; thence North 88 degrees 42 minutes 50 seconds East parallel with said South line 757.27 feet to the East line of said Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds on said East line 143.71 feet to the place of beginning. Subject to all right -of -ways for U.S_ No. 31 and North Range Line Road and easements. CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance being /.0 varied. DOCKET NO. DATE RECEIVED: 1) Applicant: Carmel Cemetery Association Address: 900 North Rangeline Road, Carmel, IN 46032 2) Project Name: Carmel Cemetery Expansio Phone: 317- 574 -2434 Engineer /Architect: Darrell Phillips, Weihe Engineer Phone: 317 856 -6611 Attorney: Ronald L. Bussell Phone: 317 574 -2434 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) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No. /Instrument No. Book 278 Page: 370 Purchase date: December 30, 1974 6) Common address of the property involved: 1000 North Rangeline Road, Carmel, IN Legal description: See attached 16 09 24 -00 022.000 16 09 24 00 025.000 Tax Map Parcel No.: 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). It is requested that any requirements to construct portion of Cool Creek Trail be waived. Page 1 of 8 z:\shared\forms \BZA applications\ Developmental Standards Variance Application rev. 12/31/02 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance NOTE: The Cemetery will transfer the parcel of land on which the trail will be constructed. 9) Present zoning of the property (give exact classification): R -1, Residence District 10) Size of lot/parcel in question: 9 acres 11) Present use of the property: vacant 12) Describe the proposed use of the property: Cemetery 13) Is the property: Owner occupied xx 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. Development Plan and ADLS Pending 69 03 DP /ADLS 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Summer 2003 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Carmel Cemetery Assocation 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 Page 2 of 8 z :\shared \forms\8ZA applications\ Development Standards Variance Application rev. 02/04/2003 I, hereby swear that I am the owner /contract purchaser of 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. STATE OF INDIANA Ronald L. Russell SS: (Property Owner, Attorney, or Power of Attorney) 7th day of July KIMBERLY A. SNYDER Notary public, State of Indiana My Commission Ex' Tres Apr 17, 2009 AFFIDAVIT Signed: roperty Own ttorney, or Power of Attorney) Date ox-14 sUcisrG2� (Please Print) County of Hamilto Before me the undersigned, a Notary Public (County in which notarization takes place) for Hamilton County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this 20 03 Notary Public signature Kimberly A. Snyder Notary Public Please Print My commission expires: April 17, 2009 Page 4 of 8 z:\shared\forms\BZA applications\ Developmental Standards Variance Application rev. 12/31/02 Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Carmel Cemetery Expansion FINDINGS OF FACT DEVELOPMENTAL 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 City of Carmel will be able to construct the trail at its timing and it will be an asset to 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: The .waiver of the requirement will not alter the plan as adopted by the city. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The development of the cemetery will be on a different time schedule from the Trail and will include only a portion of the Trail. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Developmental 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION day of 20 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z :\shared \forms \BZA applications \devstandapp Revised 12/31/2002 Page 8 of 8 z:\shared\forms\BZA applications\ Developmental Standards Variance Application rev. 12/31/02 DOCKET NO. f' TY OF CARMEL CLAY TOWNSHIP ilw AMILTON COUNTY, INDIANA 0 APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance being varied. 1) Applicant: Carmel Cemetery Association DATE RECEIVED: Address: 900 North Rangeline Road, Carmel, IN 46032 2) Project Name: Carmel Cemetery Expansion Phone: 574 -2434 Engineer /Architect: Darrell Phillips, Weihe Engineers Phone: 856 -6611 Attorney: Ronald L. Bussell Phone: 574 -2434 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) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No. /Instrument No. Book 278 Page: 370 Purchase date: December 30, 1974 6) Common address of the property involved: 1000 North Rangeline Road, Carmel, IN Legal description: See Attached Tax Map Parcel No.: 16- 09 24- 00 022.000 16 09 24 00 025.000 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). Reduce required setbacks on the SW and S property lines from. 45 feet to 30 feet as per drawings. 23.B.8.2A Page 1 of 8 z:\shared \forms \BZA applications\ Developmental Standards Variance Application rev. 12/31/02 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance The property lines are adjacent to the Monon Trail (SW) and the proposed Cool Creek Trail (S). On the Southwest, including trial right of way, the closest NOTE: residential property will be over 90 feet. On the South, the property line borders eet setback will be between 30 and 55 feet. 9) Present zoning of the property (give exact classification): 10) Size of lot/parcel in question: 9 11) Present use of the property: vacant 12) Describe the proposed use of the property: Cemetery 13) Is the property: Owner occupied XX 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. Development Plan and ADLS Pending 69 03 DP /ADLS 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Summer 2003 R -1, Residence District acres 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Carmel Cemetery Association 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 Page 2 of 8 z:\shared \forms \BZA applications\ Development Standards Variance Application rev. 02/04/2003 Docket No.: Petitioner: Carmel Cemetery Expansion FINDINGS OF FACT DEVELOPMENTAL 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 resulting setback will be well in excess of 45 feet after considering the trails and the flood plain. 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: The adjacent property will be the Monon and Cool Creek Trail. The Monon Trail is established and the parcel for the Cool Creek Trail has been fully set aside as indicated by the City. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The result would be in the needless limitation on burial spaces in an area that is not required to protect the public interest or values. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Developmental 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA DECISION day of 20 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:\shared \forms\BZA applications \devstandapp Revised 12/31/2002 Page 8 of 8 z:\shared\forms\8ZA applications\ Developmental Standards Variance Application rev. 12/31/02 f, hereby swear�that I am the owner /contract purchaser o pro perty mvolvetl in th a pp lication and that t he fo regoing natures, statements and ianswers herein contained and .t he information h ar in all respects true and c o�rect, to` the best o my knowledge`:and belief I, ;tte undersigned, authorize- the.applicant.to act on my behalf with regar to this appl ication an d subsequent hearings -and testimony efore the (SEAL) ruiient`this_ onald.'L B us sell, At torney and acknowledge the °execution of ,rope rty`Owner Attorney, or Power;of Attorne FIDAVIT Please &Print ,VO Power of Attorney My commission expires: Notary Public Please Pint August 10, 2006 Page 4 of 8 Z :\shared \forms\BZA applications\ Use Variance Application rev. 12/31/02 'APR-23-2003 WED 11:54 AM WE I HE iiilEERS INC LEGAL I));sCRIPION FAX NO 1 317 86546 P, 02/02 A part of the East half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, described as follows: Begin at a point 898.75 feet North of the Southeast corner of said East half, run thence West parallel with the South line of said quarter section 1099.1 feet to the East right of way line of the Monon Railroad, thence North 32 degrees 44 minutes 00 seconds West along said right of way line 383,2 feet to the intersection of the West line of said East half of said quarter section, thence North on said West line 154.8 feet to the center of State Highway Number 3., thence North 58 degrees 15 minutes 00 seconds East along the center of said highway, 822.0 feet, thence Northeast along the center of said highway following a curve to the left 218.3 feet, said point being due West of a point 1041.8 feet North of the place of beginning, thence East 450,6 feet to the East line of said East half, thence South on said East line 1041,8 feet to the place of beginning. Except a tract of real estate as follows: A part of the East half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, 1042.46 feet North 00 degrees 00 minutes 00 seconds (assumed bearing) from the Southeast corner of said Southeast Quarter thence North 00 degrees 00 minutes 00 seconds on said East line 200.81 feet; thence South 88 degrees 42 minutes 50 seconds West parallel with the South line of said Southeast Quarter 631.90 feet; thence South 86 degrees 48 minutes 38 seconds West 123.56 feet to an iron pipe found; thence South 00 degrees 34 minutes 19 seconds West 196.76 feet to an iron pin set; thence North 88 degrees 42 minutes 50 seconds East parallel with said South line 757.27 feet to the place of beginning. Except a tract of real estate as follows: A part of the East half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, in Clay Township, Hamilton County Indiana, described as follows: Beginning on the East line of the Southeast Quarter of Section 24, Township 18 North, Mange 3 East 898.75 feet North 00 degrees 00 minutes 00 seconds (assumed bearing) from the Southeast corner of said Southeast Quarter, thence South 88 degrees 42 minutes 50 seconds West parallel with the South line of said Southeast Quarter 758.70 feet to iron pipe found; thence North 00 degrees 34 minutes 19 seconds East 143.75 feet to iron pin set; thence North 88 degrees 42 minutes 50 seconds East parallel with said South line 757.27 feet to the East line of said Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds on said East line 143.71 feet to the place of beginning. Subject to all right -of -ways for U.S. No. 31 and North Range Line Road and easements. CITY OF CARMEL CLAY TOWNSHIP gra HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: Carmel Cemetery Association Address: 900 North Rangeline Road, Carmel, IN 46032 2) Project Name: Carmel Cemetery Expansion Phone: 574 2434 Engineer /Architect: Darrell Phillips, Weihe Engineers Phone: 856 -6611 Attorney: Ronald L. Buss Phone: 574 -2434 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) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No. /Instrument No. Book 278 Page: 370 Purchase date: December 30, 1974 6) Common address of the property involved: 1000 North Rangeline Road, Carmel, IN Legal description: See Attached Tax Map Parcel No.: 16 09 24 00 022.000 16 09 24 00 025.000 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request). It is requested that the additional parking requirements of Chapter 27 be waived. Ord. 27: Additional Parking and Loading Regulations 27.5 Page 1 of 8 z:\shared \forms \BZA applications\ Developmental Standards Variance Application rev. 12/31/02 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance The Cemetery will not maintain an office or any other central structure that would require concentrated parking. 9) Present zoning of the property (give exact classification): R 1, Residence District 10) Size of lot/parcel in question: 9 acres 11) Present use of the property: vacant 12) Describe the proposed use of the property: Cemetery 13) Is the property: Owner occupied XX 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. Development Plan and ADLS Pending 69 03 DP /ADLS 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? NOTE: Summer 2003 se 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Carmel Cemetery Association 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 Page 2 of 8 z:\shared \forms\BZA applications\ Development Standards Variance Application rev. 02/04/2003 Docket No.: CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Petitioner: Carmel Cemetery Expansion FINDINGS OF FACT DEVELOPMENTAL 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: There is no office maintained on the property requiring spaces for employees or visitors. Visitors will be enabled to park near the site being visited and pedestrian traffic will be minimized. 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: The waiver of a parking lot requirement will not increase or decrease traffic on the public roads or result in any other effect on adjacent property. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Because of the unique manner in which visitors use a cemetery, there is no logical location for a parking lot. Any would likely be ignored by the public. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Developmental 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION day of 20 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:\shared \forms \BZA applications \devstandapp Revised 12/31/2002 Page 8 of 8 z:\shared \fors \BZA applications\ Developmental Standards Variance Application rev. 12/31/02 AFFIDAVIT 1, hereby swear that -•I,am the owner /contract purchaser of 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. STATE OF INDIANA SS: County of Hamilton Before me the undersigned, a Notary Public for ,Hamilton Indiana, personally. appeared the foregoing instrument this 20th day of (County in which notarization takes place) (Notary Public's county of; :residence): Ronald L.'Bussell Attorney and acknowledge the execution Of (Property; Owner., Attorney; or Power of Attorney). roperty.Owner, Attorney, or Powerof Attorney :Ronald L. Bussela, Attorney (Please Print) otary Public Signature Donna R. Bussell My commission expires: Notary Public Please Print August 10, 2006 Page 4 of 8 Z:\shared \forms \BZA applications\ Use Variance Application rev. 12/31/02 M County, State :of o sRE IJORS RECEIVED APR 11 2(J, arra .t Dv.rb DOGS BOOK pAvc. 3 f 011t:61 iltthrniurr That Donald M. Dunkerly and Waneta Dunkerly, husband and wipe This lrstrurr.er,t Reeor?o J JUNE M. HEDGES, County, in the State of Indian -Co 'r�?7R Ai to o f Hamilton Carmel Cemetery Association o f Hamilton for the sum of One and No /100 ($1.00)' County, in the State of India ia the receipt of which is hereby acknowledged, the following REAL ESTATE in Hamilton county, in the f w St:.te of Indiana, to -wit: A part of the East. Half of the Southeast Quarter of Section twenty -four (24), Township Eighteen (18), North, Range Three (3) East, described as follows: Begin at a point eight hundred ninety -eight and seventy -five hundredths (895. 75) feet North and six hundred thirty one and nine tenths (631. 9) feet Wrest of the Southeast corner of said East Half and run thence West with the South line of said East Half four hundred sixty seven and two tenths (467. 2) feet to the East right -of -way line of the i\ilonon Railroad; thence North on said right -of. -way line thirty -two (32) degrees and forty -four (44) minutes West three hundred eighty -three and two- tenths (383. 2) feet to the intersection of the \Vest line of said East Half; thence North on said West line one hundred fifty -four and eight tenths (154. 8) feet to the center of State Road. Number 31; thence North fifty -eight (58) degrees and fifteen (15) minutes East along the center of laid hiOtway One hundred seventy -six and five tenths (176 5) Icet; thence South two hundred thirty and ninety -eight hundredths (230. 98) feet; thence East parallel with the South•line of said tract five hundred twenty -eight and one -tenth (528.1) feet; thence South three hundred forty -four and fifty -two hundredths '(344. 52) feet to the place of beginning, containing Five (5) acres, more or less, in Hamilton County, Indiana EXCEPT A TRACT OF ONE (1) ACRE, DESCRIT?ED AS FOLLOWS: Begin at an iron stake which is eight hundred ninety -eight and seventy- five hundredths (898. 75) feet North and six hundred thirty -one and nine tenths (631. 9) feet West of the Southeast corner of the East Half of the Southeast Quarter of said Section, Township and Range; run thence North three hundred forty-four and fifty -two hundredths (344. 52) feet to an iron stake; thence West: one hundred twenty six (126) feet, more or less, to an iron stake; thence South three hundred forty -four- and fifty -two hundredths (344. 52) feet to an iron stake; thence East one hundred twenty -six (126) feet, more or less, to the place of beginning. DULY ENTERED FOR TAXATION CON7':1INING 1' F SAID EXCEPTION, less, in Hamilton County, Indiana. ALSO: Begin at point twelve :hundred forty- three and twenty -seven hundredths (1243. 27) feet. North and ten hundred seventy five (1075) feet West the Southeast corner of the East Half of the Southeast Quarter of said Section Township and Range run thence Nor_.th -two hundred eighty one an d, seven tenths (281. 7) feet to a point in the center of State R Numb 31 t South fift eght (53) de r ees (l inus West al fifteen mte W on and ong the center of sar m Mate Road ninety- four and seven tenths (94. 7) feet to apornt, thence South. two hundred thirty and ninety-eight hundredths (230 98) feet to a n iron stake; g y i.g tilnce East ei ht five ($5) feet to the 'place of beginning, confairiing one -half (1/2) acre, more or less in Hamilton County, Indiana. ALSO: A part of the Southeast Quarter of Section 24, Township eighteen (13), North, Range Three (3) East described as follows: Begin at a point which is twelve hundred forty =three and twenty -seven hundredths (1 2 7) feet North and ten hundred one and six` tenths (1001. 6) t� est of the So uth e ast corner of the East Half of the Southeast Quarter o, G* k• $r x# r, '0:„ v r x ax e 3 7m 1 i S ion ,t�vent� foist 1 ownship Lightccn (lu) run end �T;orth threer hundred e�leven aril seven center. of State Road 31, thence minutes W e s;t on` arid' along the g center o t "R J, f' a tenths '($1 0) `feet to a p thence South 1 't eigh a nd s e ven= nth 7 f feet to a poit4L thenc E a s t se three and four kkte nths (73 F u .e` G r�, e sr F et to 1e of be innin aining ntor or u]e a unty Iridian FO:UrI (4) AC-RES, more or Elf the said rurr ent Recorded !-1E.DGES, RECORDER, eal. S, this (Seal. (Seal.) COUNTY, ss: Public in and for said County, this y appeared 6 8 pAG 37 t IJ IA,- AT,_ o O'CLOCK P M DEC 3 0 1974 PRECOFtCIER B GOOK J}� PACE HAI11 ►TOM COUYC/, IYOtAN Donald N. Dunkerly and W aneta Dunkerly, I9�y4 HA ;a►t TOy COi;' y day of la's; 192V Waneta Dunkerly (Seal.) day of Donald M. Dunkerly and Waneta Dunkerly, red Deed, and who being duly sworn, upon oath, stated that' the facts therein /l CARMEL CEMETERY PROJECT Location Map o C) C) CI) P. rn r-. 2 c W m co f—> E=o W c m w U) i u) te U O ccs 0 0 U c 0 m 2 ai N o© ©oon c 0000000 aoo9vo9o9o00 o•0000000 000111ao•oo 00000000 000001131oo 000•00• 0000000 9f ©LIUUE E 0000000 I,000a000 BEEEMIIMEMIONMI 000000000 coaoQO©oo wrnrn OCI k t r M ;MIMES MEM !NMI =Num I NIMIN Imount 0 I 4 MOM= X111.1 1 �r 1i■si �a Il� �IIi■�■.� 11111E111.111Nifigi Ilia rt t1i I_ .I♦1! 110 NISI .rte` �MEM 'fir I__�IwMI I M—. NM" I��■��e����f��Ma� 111/ it E! _1 MOM IEN. 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