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HomeMy WebLinkAboutPacket CARMEL/CL BOARD OF ZONING APPEALS Jz Carrel, Indiana 1 26 Docket No.: UV- 74 -03 QQL;t) Petitioner: Carmel Cemetery Association FINDINGS OF FACT USE VARIANCE (Ballot Sheet) 2 3 4. 5. DATED THIS DAY OF 20 Board Member Page 7 of 8— Z:\shared \forms\BZA applications\ Use Variance Application rev. 12/31/02 CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: UV -74 -03 Petitioner: Carmel Cemetery Association FINDINGS OF FACT USE VARIANCE 1. The grant of this variance will not be contrary to the publi 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 current 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 ex.ansion of an existin_ cemeter and the land is isolates f o 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 be 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 remetery property_ DECISION 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, Carniel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Z:\shared\forms \BZA applications \use variance appl. Revised 12/31/2002 Page 8 of 8 Z:\shared \forms\8ZA applications\ Use Variance Application rev. 12/31/02 CARMEL /CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: V -75 -03 Petitioner: Carmel Cemetery Association FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF 20 Board Member Page 7 of 8 z: \shared \forms \BZA applications\ Developmental Standards Variance Application rev. 12/31/02 CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V -75 -03 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. DECISION 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 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). 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 CARMEL /CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: V -76 -03 Petitioner: Carmel Cemetery Association FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF 20 Board Member Page 7 of 8 z: \shared \forms \BZA applications\ Developmental Standards Variance Application rev. 12/31/02 CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V -76 -03 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 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. DECISION 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 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). 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 CARMEL CEMETERY PROJECT The Carmel Cemetery is owned and operated by the Carmel Cemetery Association. The Association is managed by a five member board of directors, three of whom must be members of Carmel Friends Meeting. The Association and predecessors have operated Carmel Cemetery since 1833. The directors serve without compensation and are chosen to serve the public purpose of providing Carmel with cemetery space This current project is to expand the current cemetery into additional land now owned by the Association. The eastern part of the expansion project is into an unused portion of the original land acquired by the Association in the 1940's and operated as a cemetery since the early 1950's. The western part of the expansion project is into a second parcel donated to the association for use as a cemetery in 1974. There is probably no other space in Carmel in which to provide cemetery space. The expansion area is bounded on the northwest by US 31; on the southwest by the Monon Trail (along which is a 15 foot utility easement); on the south by vacant land (which also has a 15 foot utility easement), on the east and south by businesses facing Rangeline Road. The proposed driveway and grave limits are laid in the exhibits which follow. The property is currently zoned R -1, Residential. A use variance is requested for the use as a cemetery. Use Variance UV -74 -03 1. The south property line borders a parcel that is partially zoned residential and partially zoned business (B -5). The majority of that parcel is zoned business and the part that borders the Carmel Cemetery property is in a residential zone and is mostly in flood plain. Also on this south border is a parcel that will be dedicated to the City of Carmel for the construction of the Cool Creek Trail. Carmel Cemetery is asking that the setback requirement for this boundary be set a 10 feet to the north of the trail parcel. Development Standards Variance V -75 -03 2. On the Southwest boundary is the current Monon Trail. On the opposite side of the trail is residential zoning. The right of way of the trail is approximately 60 feet, making the Cemetery property at least 60 feet from any residential property and separated from it by the Trail. The proposal requests a setback of 30 feet, including the existing 15 utility easement. Development Standards Variance V -75 -03 3. The Cemetery Association is also requesting a waiver of any requirement to construct the trail. Developmental Standards Variance V -76 -03 Driveways will be 18 feet paved with one foot of gravel on each side. There is no lighting or signage planned for the expansion. The drainage plan shows only surface drainage. The Landscape Plan shown in the exhibit will not include any white pines as new plantings. CARMEL CEMETERY ASSOCIATION ESTABLISHED IN 1833 FOR ADDITIONAL INFORMATION OR AN APPOINTMENT PLEASE CALL 317-730-5425 PRICING SINGLE GRAVE LOT 4' X 12' $500.00 WEEKDAY OPENING /CLOSING FEE $450.00 SATURDAY /SUNDAY/ HOLIDAYS OPEN /CLOSE FEE $500.00 SELECTED CREMATION/INFANT LOTS AVAILABLE $250.00 CREMATION /INFANT OPEN /CLOSE FEE $250.00 SATURDAY /SUNDAY HOLIDAY OPEN /CLOSE FEE $300.00 PLANTING OF TREES, BUSHES OR FLOWERS, ARE RESPECTFULLY NOT PERMITTED. FROM NOVEMBER 1ST TO MARCH 1ST GROUND DECORATIONS ARE PERMITTED. ALL OTHER MONTHS PLEASE DECORATE ONLY ON OR AROUND MONUMENT TO ALLOW FOR LAWN MAINTENANCE PURPOSES. FOR A COMPLETE LIST OF CEMETERY REGULATIONS, PLEASE REFER TO THE BURIAL LOT DEED. YOUR COOPERATION REGARDING THESE REGULATIONS WILL ENSURE A WELL MAINTAINED CEMETERY. THANK YOU, CARMEL CEMETERY BOARD OF DIRECTORS DEED RULES AND REGULATIONS FROM ARTICLE I Carmel Cemetery Association Section 1. Any person desiring to acquire lots In the Cemetery shall conform to the terms and requirements of the Superintendent TO and Trustees But a partial payment shall not confer any title. ARTICLE II Section 8. All lot owners are prohibited from selling their lots Section 1. The proprietor of each lot shall have the right to In whole or In part, or from transferring the same without the erect proper stones, monuments or sepulchral Structure strictly express consent of the Board of Directors of the Cemetery. subject to the regulations governing the same. Section 9. Private fences or enclosures around lots will not be Section 2. All persons are prohibited from planting trees, allowed. .shrubs or plants on lots or graves and will be prohibited from Section 10. Trellises of any kind are prohibited on the grounds planting any flowers In the Cemetery grounds. They may decorate with flowers as their taste may dictate. Flowers are permitted In of the Cemetery. vases or urns and cut flowers may be Placed upon graves but will Section 11. No enclosures of any kind allowed around graves. be removed as soon as they become faded and unsightly in appearance. Section 12. No trees, plants or shrubs In the corners of lots as Section 3. If any trees situated In any lot shall, by means of boundary marks allowed. their roots, branches, height or otherwise become detrimental to the adjacent lots, walks, or avenues or dangerous or inconvenient Section 13. Lot owners are prohibited from placing on lots or to passengers, It shall be the duty of the Directors and they have a graves all toys, cases, boxes, globes, shells, can„ jugs, bottles and right to enter into said lot and remove the said trees or shrubs or bric-a-brac of every description; any such article found on the such parts thereof as are thus detrimental, dangerous or Cemetery grounds will be removed, except as provided for in inconvenient. Article II, Section 2. Section 4. Lots shall not be used for any other purpose than as Section 14. The grading of all Lots must be under the direction a place of burial for the dead, and no trees within the lots or of the Superintendent, and by hands employed regularly on the borders shall he cut down or destroyed without the consent of the grounds. Directors of the association. ARTICLE III Section 5. If any monument, effigy or any structure whatever Section 1. The Superintendent is charged with the execution or any inscription be placed In or upon any lot which shall be of these rules and regulations. It is of the utmost importance that determined by the major part of the Directors to be offensive or there should be a strict observance of all proprieties due the place, improper or injurious to the appearance of the surrounding Lots or grounds, the said Directors shall have the right and it shall be whether embraced in these regulations or not, as no impropriety their duty, to enter upon such `lot and remove the said offensive will be permitted to pass unnoticed. All well disposed persons will confer a favor by informing the Superintendent of any breach improper object or objects. of these rules that may come under their notice. Section 6. Proprietors shall not allow interments to be made in their, lots for a remuneration. All interments In lots shall be ARTICLE IV restricted to the members of the family and relations to the proprietor thereof, except special permission to the contrary be Section 1. Only one stone may be placed at a grave, both head obtained, in writing, from the Directors. and foot stones will not be allowed. Section 7. All deeds when executed shall be construed as Section 2. Curbings around graves will not be allowed on the simply granting to the proprietor of the lot conveyed to the use of Cemetery grounds. said lot for burial purposes for the interment of himself, his family, his relations and descendants and such other person as he shall ARTICLE V have the permission of the Board to bury thereon as above provided. But such burial rights shall be personal to himself and Section 1. The Board of Directors are authorized to adopt any the persons above named; and such rights shall not be further rules and regulations that may be necessary to enable them transferable either by voluntary or involuntary conveyance, to to better and more efficiently conduct the affairs of this any other person or persons without the express consent of the association. Board of Directors of the Cemetery. Section 2. The Superintendent shall be under the control of the Board of Trustees and shall act only upon their advice and consent.