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HomeMy WebLinkAboutApplication Tingley, Connie S From: Butler, Angelina V Sent: Tuesday, July 22, 2003 11:52 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- SU- Lucky Farms Arena (SU -78 -03 #03070008) Connie, Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary Docket Number for the Lucky Farms Arena (SU). It will be the following: SU -78 -03 #03070008 $655 Total Fee: $655 SU -78 -03 #03070008 Lucky Farms Riding Arena Petitioner seeks Special Use approval to construct an indoor horse riding arena. SU -78 -03 #03070008 Indoor horse -riding arena The site is located at 9919 Towne Road. The site is zoned S -1. Filed by Adam De -hart of Keeler -Webb Associates for Lucky Farms, LLC. Petitioner, please note the following: 1. This Item was not placed on the July 16 agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, July 31. 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, August 22. 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, August 15. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, September 22, 2003, agenda of the BZA. 5. This Item will appear on the August 25, 2003 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets for each petition the night of the meeting for the Board's use. Petitioner must remember to fill out only the Docket No., Petitioner, and date on each Ballot Sheet (DSV application, sheet 7). Please contact Adam DeHart at 574 -0140 (Fax: 574 -1269) with this information. Once the file is updated please return it to my office. Thank you, ,0V _v .3 Angie Butler Planning Administrator 1 City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317- 571 -2417 Fax: 317- 571 -2426 FACSIMILE TELECOPY COVER LETTER DATE: July 22, 2003 TO: Adam DeHart FAX: 574 -1269 FROM: Connie Attached hereto are 2 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. NOTES: Attached is the filing information for: Lucky Farms Riding Arena Please call if you have any questions. 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. HAMILTON COUNTY, INDIANA. APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL REQUEST 4. Fee $655.00 RECEIVED JUL 10 2003 DOCKET NO. DATE RECEIVED: DO C,3 1) Applicant: Lucky Farms LLC Address: 2360 Treesdale Circle Carmel, Indiana 46032 2) Project Name: Lucky Farms Riding Arena Phone Fax 281 -8606 1 Indiaa 574 -0140 Engineer Architect: Keeler -Webb Associates /486 Gradle Dr. one:' Attorney: N/A Phone: 3) Applicant's Status: (Check the appropriate response) X (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: Lucky Farms LLC Owner's address: 2360 Treesdale Circle, Cannel, Indiana 4603 ?hone: 281 -8606 5) Record of Ownership: Deed book No. /Instrument No. i'7' 56,245 Page: Purchase Date: June 1999 6) Common address of the property involved: 9919 Towne Road Legal description: SEE ATTACHED Tax Map Parcel No.: 7) State explanation of requested Special Use to reconstruct a new indoor riding arena in place of delapidated stable and agricultural barns 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact Special Use New and improved facility for private use. The proposed facility will provide indoor exercise area, t3ack facilities, and maintenance 5c 5v p u ,,ut uZ 04 1 Page 1 of 8 z\shared\foms\BZA applications\ Special Use Application rev. 12/31/02 9) Present zoning of the property (give exact classification): S -1 10)) Present use of the prop. Legal non conforming use (riling stables /agricultural barns) 11) Size of lot/parcel in question: 12 acres 12) Describe the proposed use of the property: Legal Non conforming use for agriculture includin a new riding arena 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. SU 62 01 (similar filing for 12,096 sq.ft. horse stables) 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 special use is granted, when will the work commence? ASAP 17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this application has been filed? Lucky Farms, LLC NOTE: LEGAL NOTICE shall be published in the Indianapolis Stara 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 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) DAYS PRIOR TO PUBLIC HEARING DATE. Page 2 of 8 z\shared\formss\BZA applications\ Special Use 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. Signed 1 'II IFOli/%r /D3 (Property Owner, roperty Owner's Attorney (Date) or Property Owner's Power of Attorney) (il.) A∎K. M C sk.) oM (Please Print) STATE OF INDIANA SS: 4 County of st� t Before me the undersigned, a Notary Public (County in which notarization takes place) foHIL I County, State of Indiana, personally appeared (Notary Public's county of residence) d 4 LIU and acknowledge the execution of the foregoing instrument (Property'Owner ttorney, or Power of Attorney) this I day of L' ..INIIIIIII__ 20 V o J 1:-..- 4( .1 Nary Public Signature (SEAL) (SEAL) EL- LE ik1 at` Gc Notary Public Please Print My commission expires: l t' 6 q, 9 ELIZABETH ANNE BASSETT ;NOTARY Marion County a3..sEAL My Commission Expires June 12, 2009 Page 4 of 8 z:\shared\forms\BZA applications\ Special Use Application rev. 12/31/02 Carmel Board of Zoning Appeals RECFNED aur, i C," ntn' DOCS L t .„,,,-0,..,„ FAS LLC 9919 TOWNE ROAD CARMEL For Special Use Approval SU-78-03 KEELER-WEBB ASSOCIATES ConsuCting Engineers-Planners-Surveyors 486 CRADLE DRIVE CARMEL, INDIANA 46032 1.U. PHONE (317) 574-0140 FAX (317) 574-1269 \re C- 6 rd-ed, KWA PROJECT No. 0306-007 GO VI W S 0 6 Fff .A6 August 12, 2003 Re. uested By: KWA 07110\2003'`r DULY E i RED FOR TAXATION Subjv to final ac a for tra�i� I day of 19 I-1 D Auditor 199909956245 2 t"l Hamilton County Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK File No. 99 ¢ff On 09 24 -1999' At 03:00 pm. WARR DEED 16.0Q CO 1 ...L .c W 4 :(fi f T DE'E'D o G G J This Indenture Witnesseth, That Joseph D. Geeslin, Jr., an adult (Grantor) of Hamilton County, i n the State of Indiana, Conveys and Warrants to Lucky, LLC, an Indiana Limited Liability Company, (Grantee) of Hamilton County, in the State of Indiana, for the sum of Ten 00 /100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the real estate in Hamilton County, in the State of Indiana described as follows: See Attached Exhibit "A" Subject To the Fall Installment of Real Estate Taxes due and payable in November 1999 and all taxes payable thereafter. Subject To any and all easements, agreements, and restrictions of record. The address of such real estate is commonly known as: Tax bills should be sent to Grantee at such address unless otherwise indicated below. In Witness Whereof, Grantor has executed this deed this 17th day of September 1999. (Seal) (Seal) oseph D. Geeslin, Jr. State of Indiana, Hamilton County ss: Acknowledgement Before me, a Notary Public in and for the said County and State, personally appeared Joseph D. Geeslin, Jr., an adult who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and notarial seal this 17th day of September 1999. My commission Expires Signature ir■ d -G.., Notary Public 9 -29 -99 c: G Printed Susan L. Murphy Residing In Marion Co. IN Return .to: u.. .j[Sgn d,,)tax bills to: PFOpert- y- *dHdress o4b TC�Wne �t' ��(rl�Cj �(003 `This document prepared by: Wade R. Nichols, Attorney at Law Morgan Associates, Inc., 840 Logan Street, Noblesville, IN 46060 Re uested By: K WA 07\10\2003 i CASE NO. 99299967 amended 5 EXHIBIT A LEGAL DESCRIPTION SURVEY LEGAL: A PART OF THE NORTHWEST QUARTER OF HWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 25 MINUTES 23 SECONDS EAST ON THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 152.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED REAL ESTATE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE REAL ESTATE DESCRIBED INDEED BOOK 170, PAGE 46 OF THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE THE FOLLOWING TWO CALLS ALONG THE PERIMETER OF SAID DEED BOOK 170, PAGE 46: 1.) NORTH 88 DEGREES 51 MINUTES 16 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER 496.50 FEET; 2..) NORTH 00 DEGREES 25 MINUTES 23 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER 152.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 51 MINUTES 16 SECONDS EAST ON SAID NORTH LINE 837.06 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 25 MINUTES 08 SECONDS EAST ON THE EAST LINE OF SAID QUARTER QUARTER A DISTANCE OF 482.20 FEET TO THE SOUTHEAST CORNER OF THE REAL ESTATE DESCRIBED IN DEED BOOK 330, PAGE 759 (TRACT 2); THENCE SOUTH 88 DEGREES 51 MINUTES 16 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER AND ON THE SOUTH LINE OF SAID TRACT 2 A DISTANCE OF 1333.52 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 25 MINUTES 23 SECONDS WEST ON SAID WEST LINE 330.20 FEET TO THE POINT OF BEGINNING, CONTAINING 13.03 ACRES, MORE OR LESS. (HISTORICAL LEGALS: TRACT 1: A :PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID QUARTER QUARTER SECTION, DISTANT 171 FEET SOUTH OF THE NORTHWEST CORNER THEREOF AND RUNNING THENCE EAST AND PARALLEL TO THE NORTH LINE OF SAID QUARTER SECTION, 203 FEET TO A POINT; THENCE SOUTH AND PARALLEL TO THE WEST LINE AFORESAID 134.5 FEET TO A POINT; THENCE WEST AND PARALLEL TO THE NORTH LINE AFORESAID, 203 FEET TO A POINT IN THE WEST OF SAID QUARTER QUARTER SECTION; THENCE NORTH UPON AND ALONG SAID WEST LINE, 134.5 FEET TO THE PLACE OF BEGINNING, CONTAINING IN ALL, 0.63 ACRE, MORE OR LESS. (Parcel Re nested By: KWA 07110\2003 `W CASE NO. 99299967 amended 5 EXHIBIT A CONT'D ...032.000) TRACT 2: PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF SAID QUARTER QUARTER SECTION, AT A POINT 152 FEET SOUTH OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER SECTION TO THE POINT OF BEGINNING; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER 436.5 FEET TO A POINT; THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER SECTION, 154.5 FEET TO A POINT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION 233.5 FEET TO A POINT; THENCE NORTH AND PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER SECTION, 134.5 FEET TO A POINT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION, 203 FEET TO A POINT IN THE WEST LINE OF SAID QUARTER QUARTER SECTION; THENCE NORTH UPON AND ALONG THE WEST LINE OF SAID QUARTER QUARTER SECTION 20 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.92 ACRES, MORE OR LESS EXCEPT: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF SAID QUARTER QUARTER SECTION AT A POINT 153.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER SECTION, RUN THENCE EAST AND PARALLEL TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION 436.50 FEET, THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID QUARTER QUARTER SECTION 154.50 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION 130.50 FEET; THENCE NORTHWARDLY DEFLECTING RIGHT 88 DEGREES 48 MINUTES A DISTANCE OF 134.55 FEET TO A POINT, SAID POINT BEING 301.00 FEET WEST OF THE WEST LINE OF AFORESAID QUARTER QUARTER SECTION; THENCE WESTWARDLY, PARALLEL TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION 301.00 FEET TO A POINT IN THE WEST LINE AFORESAID; THENCE NORTHWARDLY ALONG AND WITH SAID WEST LINE 20.00 FEET TO THE PLACE OF BEGINNING. (Parcel ...031.000) TRACT 3: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF SAID QUARTER QUARTER SECTION AT A POINT 153.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER SECTION, RUN THENCE EAST AND PARALLEL TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION 436.50 FEET, THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID QUARTER QUARTER SECTION 154.50 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID QUARTER Re uested By: KWA 07110/2003 CASE NO. 99299967 amended 5 EXHIBIT A CONT'D QUARTER SECTION 130.50 FEET; THENCE NORTHWARDLY DEFLECTING RIGHT 88 DEGREES 48 MINUTES A DISTANCE OF 134.55 FEET TO A POINT, SAID POINT BEING 301.00 FEET WEST OF THE WEST LINE OF AFORESAID QUARTER QUARTER SECTION; THENCE WESTWARDLY, PARALLEL TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION 301.00 FEET TO A POINT IN THE WEST LINE AFORESAID; THENCE NORTHWARDLY ALONG AND WITH SAID WEST LINE 20.00 FEET TO THE PLACE OF BEGINNING. (Parcel...030.000) TRACT 4: PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING IN THE WEST LINE OF SAID QUARTER QUARTER SECTION, AT A POINT 306.5 FEET SOUTH OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER SECTION; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION 436.5 FEET TO A POINT; THENCE NORTH AND PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER. SECTION 154.5 FEET TO A POINT; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION, 60 FEET TO A POINT; THENCE NORTH AND PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER SECTION, 152 FEET TO A POINT IN THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE EAST UPON AND ALONG THE NORTH LINE OF SAID QUARTER QUARTER SECTION 839 FEET TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION ;THENCE SOUTH UPON AND ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION 482.2 FEET TO A POINT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION, 1335 FEET TO A POINT IN THE WEST LINE OF SAID QUARTER QUARTER SECTION; THENCE NORTH UPON AND ALONG THE WEST LINE OF SAID QUARTER QUARTER SECTION 175.7 FEET TO THE PLACE OF BEGINNING. (Parcel...029.000) ALSO: AN EASEMENT OVER A STRIP OF GROUND 20 FEET IN WIDTH; A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 17 NORTH, RANGE 3 EAST, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: BEGINNING IN THE WEST LINE OF SAID QUARTER QUARTER SECTION AT A POINT 152 FEET SOUTH OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER SECTION; RUNNING THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION, 436.5 FEET TO A POINT; THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER SECTION, 20 FEET TO A POINT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION 436.5 FEET TO A POINT; THENCE NORTH UPON AND ALONG THE WEST LINE OF SAID QUARTER QUARTER SECTION 20 FEET TO THE PLACE OF BEGINNING. 4t4i Butler, Angelina V From: Tingley, Connie S Sent: Thursday, July 10, 2003 3:30 PM To: Butler, Angelina V; Brewer, Scott I; Dobosiewicz, Jon C; Hollibaugh, Mike P; Li!lig, Laurence M; Pattyn, Dawn E Subject: new submittal Just rec'd: �Lttcky CSIJA Adam DeHart 2360 Treesdale Circle 574 -0140 It is on the BZA shelf. ct 1