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Home My WebLink AboutPacket 1 1 CARMEL /CLAY BOARD OF ZONING APPEALS 1 1 UV- 113 -03 1 1 10495 LAKESHORE PLACE 1 1 ASPEN PRAIRIE HOMES /JEFF HERR 1 1 1 December 22, 2003 1 John K. Smeltzer 1 Bose McKinney Evans LLP 600 East 96th Street, Suite 500 N� 1 21 ,47 1 Indianapolis, IN 46240 4 (317) 684 -5300 RECF IA a) DEC 1.2 2003 DOCS i 791 1 1 ,.1 -Iyi LT of CoaT.Lcell.,____ cO Description of Request .!'":4 ,b,.., :N.,,; crtigt;'1., '',"taaUk.1:',0'iW2,:,,,,54;j:,:0":',.. Applic ation -tar :v.:,,,,,filfk„ Variance 1.4 1 ls11',12''',K tV -414:-1,1 tr- `,..rfe46;;:t.t...: tg,-■,,,.....- /Am). ..k.,, 1 3 Area Map Zoning Map 1 1 4 Photographs of the Home le I narSeupport He Profes i 6 Findings of Fact I r'''".- k 7 '',--.7.'.'!1';';.."'"''''4111 01. K: Il iEr m g/ S AVERY' READY INDEX' INDEXING SYSTEM 600014 1 Description of Request 1 Jeff Herr, the owner of Aspen Prairie Homes "Aspen is purchasing the residence located at 10495 Lakeshore Place on contract. Aspen Prairie is currently operating an elder care home in this residence which is in an S -2 Residential District. The use variance is required to continue the operation of the elder care home at this residence. The home houses four elderly adults who receive 24 -hour care from one to two caregivers. The caregivers park their automobiles in the garage and the residents of the home do not have automobiles. Traffic generated at this home is less than that produced by a typical family residing in the neighborhood. The Carmel zoning ordinance would permit the mentally ill or developmentally disabled to be cared for in this location, but precludes the care of the elderly. The definition of a DWELLING, SINGLE FAMILY in the Carmel zoning ordinance is as follows: "A residential building containing only one (1) Dwelling Unit and not occupied by more than one (1) family. Pursuant to I.C. 12- 28 -4 -7, a Group Home for the mentally ill shall be treated as if it were a single family dwelling, unless the 1 Group Home will be located within 3,000 feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to I.C. 12- 28 -4 -8, a Group Home for not more than eight developmentally disabled individuals which is 1 established under a program authorized by I.C. 12- 11- 1.1- 1(e)(1) or I.C. 12-11 1.1-1(e)(2) shall be treated as if it were a single family dwelling. (Adopted per Z- 345)." It is our position that if a group home for up to eight developmentally disabled individuals is permitted within the definition of a single family dwelling, it seems reasonable that a variance should be appropriate for that same home housing four elderly individuals. It is the intent of elder care homes and Aspen Prairie to maintain the lifestyle for its residents that makes them a part of the community rather than separating them from the community in a nursing home or convalescent home. The philosophy of Aspen Prairie is to have its residents assimilate into the neighborhood and to have the home look or feel no different than any other home in the neighborhood. This particular property is well maintained and has no features that would indicate it is anything but a residence in the neighborhood. As evidenced by the letter provided by Malaz Boustani, MD, MPH, he supports the home care concept for the elderly. Rather than institutionalizing the elderly and making them a burden to society, it is the intent of elder care homes to blend in with the community and offer its residents an opportunity for a better quality of life. 1 3 1 CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA r NOV RECEIVED t 1 2003 APPLICATION FOR BOARD OF DOCS ie F ZONING APPEALS ACT !r 1 USE VARIANCE 4 FEE: $1,092.00 1 DOCKET NO. DATE RECEIVED 1) Applicant: Aspen Prairie Homes, Jeff Herr owner I c/o Bose McKinney Evans LLP 600 East 96th. Street. Suite 500. Indianapolis, TN 46940 2) Project Name: N/A Phone: I Engineer /Architect: N/A Phone: 1 Attorney: John Smeltzer Phone: 684 -5317 3) Applicant's Status: (Check the appropriate response) 1 (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property 1 (c) Other. 4) If Item 3) (c) is checked, please complete the following: 1 Owner of the property involved: Owner's address: Phone: 1 5) Record of O wnership: ACACIA Mortgage, Inc. and Khari Nixon, tenants in common 1 Deed Book No./Instrument No. 2003 -87843 Page: Purchase date: 8/28/03 Quitclaim Deed 1 6) Common address of the property involved: 10495 Lakeshore Place, Carmel, IN 46033 Legal description: Briar Creek, Lot 11, Section 1. See attached legal description. 1 Tax Map Parcel No.: 1 6 14 08- 01 -02- 011.000 7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the 1 Carmel/Clay Zoning Ordinance that applies and /or creates the need for this appeal). The applicant is operating an elder care home in an'S -2 residential district. 1 An elder care home is not a permitted use under Section 6.1: Permitted Uses, S -2 /Residence District. 1 z II Page 1 of 8 —Zist aredlfonrs182A appka8onst Use Variance Application rev. 12/31/02 I 8) State reasons supporting the Use Variance: Additional) complete the attached u PP 9 (Additionally, p question sheet entitled "Findings of Fact -Use Variance I See attached statement of support. 1 1 9) Present zoning of the property (give exact classification): S -2 /Residence Distict 10) Present use of the property: Residential 11) Size of lot/parcel in question: Approximately 0.39 acres 12) Describe the proposed use of the property: The property is used as an elder care home for 4 adults aged 68 -90 with 1 -2 caregivers providing 24 hour care. 13) Is the property: Owner occupied 1 Renter occupied Yes Other 1 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 1 number, decision rendered and pertinent explanation. No 1 15) Has work for which this application is being filed already started? If answer is yes, give details: I Building Permit Number: N/A Builder: N/A I 16) If proposed appeal is granted, when will the work commence? N/A If the proposed appeal is granted, i1 0 17) p po pp g ,who will operate and/or use the proposed improvement for which this application has been filed? I Aspen Prairie Homes 1 NOTE: I 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 Zisharediforms ZA applications\ Use Variance Application rev. 12/31/02 I AFFIDAVIT 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 ail respects true I 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. I Signed: w Property Owne A mey, or Power of Attorney John K. Smeltzer, Attorney (Please Print) STATE OF INDIANA I SS: County of Hamilton 1 (County in which notarization takes place) Hamilton Before me the undersigned, a Notary Public for County, State of I (Notary Public's county of residence) Indiana, personally appeared Joh K Smeltzer, Attorne and acknowledge the execution of (Property Owner, Attomey, or Power of Attomey) I the foregoing instrument this 111 7 th day of November 20 03 1 sue* Q' �y a/x/X_ .,(444.4 &Lie 0 Notary Public— Signature A I s l= Carol Ann Smith Notary Public Please Print I� ....1 1 October 9, 2008 -riN�F�+s1►o� My commission expires: 1 1 Page 4 of 8— Z1sharedlfortnABZA applications% Use Variance Application rev. 12/31/02 1 1 1 Legal Description Lot Numbered 11 in Briar Creek, Section One, a Subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 5, pages 14 -15 in the Office of 1 the Recorder of Hamilton County, Indiana. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDIANA UMVERSI'rY December 11, 2003 SCHOOL OF MEDICINE To Whom It May Concern: I'm writing this letter in support of Mr. Jeff Heer's effort in providing home -like based care for our vulnerable older adults suffering from Alzheimer's disease and 1 other related dementing disorders. Currently I'm a geriatrician, clinical investigator and scientist at Indiana University School of Medicine and the Regenstrief Institute. My main research content of interest and expertise is dementia cure management. I have provided the United State Preventive Services Task Force with evidence based systematic review to develop their recommendations in regard to dementia screening. In addition, I'm currently working with the Alzheimer's Association in improving the process of dementia care in long -term care settings including residential care, assisted living and nursing homes. Moreover, I have published several peer reviewed articles 1 related to dementia care. Based on my clinical and research experiences, I believe that there is evidence to support the need to change the current long -terns care setting from institution -based philosophy of care to home -like environment center of care. Using home -like environment to care for patients with dementia does not differ from other long -term care settings in regard to patients safety and it most likely increases the patients 1 quality of life. Please don't hesitate to contact me if there is a need for any clarifying question. 1 Sincerely, rvw RsrxreF INSmtrg Ma az Boustani, MD, MPH Assistant Professor of Medicine, Indiana University School of Medicine Du7u TME) r OP IYfPDit Scientist, Indiana University Center for Aging Research Scientist, Regenstrief Institute Regenstrief Health Center Floors 5 and 6 1050 a'ishatd Boulevard Indianapolis, Indiana 46202 -2872 1 317 630 7400 Fax: (Floor 5) 317 630 -6962 Fax (Floor 6) 317-630-6611 1 I CARMELJCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: UV 113 03 I Petitioner: Aspen Prairie Homes /Jeff Herr I 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 re in unnecessary hardship because: I The ordinance would permit the mentally ill or developmentally disabled to be cared for in this location, but precludes the care of the elderly. This was probably not the intent of the ordinance and permits a use in this case that* I 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The operation of an elder care home imposes no additional health or safety II concerns on the community. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse I manner because: The property will be as well maintained as other properties in the area and there is no data that an elder care home diminishes property values. I 4. The need for the variance arises from a natural condition peculiar to the subject property because: If contemplated, the ordinance would have included elder care homes along 1 with homes for the mentally ill and developmentally disabled. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The proposed use is a residential use consistent with the Comprehensive Plan. DECISION IT IS TI-EEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. I is granted, subject to an .conditions stated in the minutes of this Boar which are incorporated herein by reference and made a part hereof. Adopted this day of 20 1 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals I Conditions of the Board are listed on th e back. zma app k a5mSWse valiance app1. 11/2002 I *would put more of a burden on the neighborhood because of the staffing needs for the mentally ill and developmentally disabled. 1 Page 8 of 8 Z�appl'Cia8ons1 use variance application rev. 12/31/02 1