HomeMy WebLinkAboutFindings of Fact (2) Tingley, Connie S
From: Butler, Angelina V
Sent: Wednesday, November 12, 2003 11:35 AM
To: Tingley, Connie S
Cc: Li!lig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz,
Jon C
Subject: Docket No. Assignment: (UV) Briar Creek, Block 1, Lot 11 (UV- 113 -03 #03110008)
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 (UV) Briar Creek, Block 1, Lot 11. It will be the following:
UV- 113 -03 #03110008 $1,092.00
Total Fee: $1,092.00
Briar Creek, Block 1, Lot 11 (UV- 113 -03 #03110008)
The applicant also seeks the following use variance to operate an elder care home:
V- 113 -03 #03110008 §6.1 permitted use
The site is located at 10495 Lakeshore Place.
The site is zoned S- 2/Residential.
Filed by John Smeltzer of Bose McKinney Evans LLP for Aspen Prairie Homes.
Petitioner, please note the following:
1. This Item will be on the November 19 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Wednesday November 26. Published notice
is required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Depai fluent no later than noon, Friday, December 19.
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, December 12. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the Monday, January 26, 2004, agenda of the BZA.
5. This Item will appear on the December 22* 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 (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
PETITIONER: refer to your instruction sheet for more details.
*Please note that the December 22 Meeting might be cancelled. If so, your case will be heard January 26, 2004. We
will contact you if this occurs.
S31( yea I0 0 3 .4g
Please contact Mr. Smeltzer at 684 -5317 (Fax: 22. f7) with this information. Once the file is updated please return it
to my office.
Thank you, °V.2 0/9
Angie O
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: November 12, 2003
TO: John Smeltzer, Bose McKinney Evans
FAX: 223 -0317
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:
Briar Creek, Block 1, Lot 11
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.
Butler, Angelina V
To: Tingley, Connie S
Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz,
Jon C
Subject: Docket No. Assignment: (UV) Briar Creek, Block 1, Lot 11 (UV- 113 -03 #03110001)
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 (UV) Briar Creek, Block 1, Lot 11. It will be the following:
UV- 113 -03 #0311000 $1,092.00
Total Fee: $1,092.00
Briar Creek, Block 1, Lot 11 (UV- 113 -03 #0311000
The applicant also seeks the following use variance:
V- 113 -03 #0311000 §6.1 permitted use
The site is located at 10495 Lakeshore Place.
The site is zoned S- 2/Residential.
Filed by John Smeltzer of Bose McKinney Evans LLP for Aspen Prairie Homes.
Petitioner, please note the following:
1. This Item will be on the November 19 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Wednesday November 26. 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, December 19.
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, December 12. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the Monday, January 26, 2004, agenda of the BZA.
5. This Item will appear on the December 22* 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 (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
PETITIONER: refer to your instruction sheet for more details.
*Please note that the December 22 Meeting might be cancelled. If so, your case will be heard January 26, 2004. We
will contact you if this occurs.
Ith Please contact Mr. Smeltzer at 684 -5317 (Fa, 5 71 i th th i nformation. Once the file is updated please return it
to my office.
Thank you, '1
Angie
1
CITY OF CARMEL/CLAY TOWNSHIP eiC
HAMILTON COUNTY, INDIANA
RECFIVED
APPLICATION FOR BOARD OF ZONING APPEALS ACE!) N NOV 7 2003
USE VARIANCE DOCS
4t 4 FEE: $1,092.00
DOCKET NO. DATE RECEIVED:
1) Applicant: Aspen Prairie Homes, Jeff Herr owner
c/o Bose McKinney Evans LLP
Address: 600 East 96th. Street. Suite 500. Tndianapolis, TN 4624f
2) Project Name: N/A Phone:
Engineer /Architect: N/A Phone:
Attorney: John Smeltzer Phone: 684 5317
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property 8 u
X (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: ACACIA Mortgage, Inc. and Khari Nixon, tenants in common
Deed Book No. /Instrument No. 2003 87843
Page: Purchase date: 8/28/03 Quitclaim Deed
6) Common address of the property involved: 10495 Lakeshore Place, Carmel, IN 46033
1�1►G
Legal description: Briar Creek, Lot 11, Section 1. See attached, legal description.
Tax Map Parcel No.: 16- 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
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.
An elder care home is not a permitted use under Section 6.1: Permitted Uses,
S -2 /Residence District.
Page 1 of 8 Z :\sharedtforms'SZA applications\ Use Variance Application rev. 12/31/02
r 0
8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Use Variance
See attached statement of support.
9) Present zoning of the property (give exact classification): S /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
Renter occupied Yes
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.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder: N/A
16) If proposed appeal is granted, when will the work commence?
N/A
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application
has been filed?
Aspen Prairie Homes
NOTE:
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.lsharedlfarne'BZA applications Use Variance Application rev. 12/31 /02
4
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 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:
Property Owner, A mey, or Power of Attomey
John K. Smeltzer, Attorney
(Please Print)
STATE OF INDIANA
SS:
County of Hamilton
(County in which notarization takes place)
Hamilton
Before me the undersigned, a Notary Public for County, State of
(Notary Public's county of residence)
Indiana, personally appeared John K. Smeltzer, Attorne and acknowledge the execution of
(Property Owner, Attorney, or Power of Attomey)
the foregoing instrument this
7th day of November 20 03
,�(pp ®r
jw..6 ()Aux_ ,4 1 f _1 t j e
o Notary Public— Signature
s A
,e,a3 Carol Ann Smith
Notary Public Please Print
O glI A Ia �e October 9, 2008
tHft%��� My commission expires:
Page 4 of 8 Z\sharedVorms18ZA applications\ Use Variance Application rev. 12/31/02
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
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 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*
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
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
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.
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
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 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
Conditions of the Board are listed on the back.
Z1.sharedVorms\BZA applicationsluse variance appl.
Revised 12131/2002
*would put more of a burden on the neighborhood because of the staffing
needs for the mentally ill and developmentally disabled.
Page 8 of 8 Z: \sharedVorms\BZA applications) Use Variance Application rev. 12/31/02
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
the Recorder of Hamilton County, Indiana.
1 1
Statement of Support
Petitioner is operating an elder care home in an S- 2/Residence District. Special uses permitted
within this zoning district include clinics or medical health centers, day nurseries and hospitals.
If the Petitioner obtains a license from the State, Petitioner can operate a residential facility for
the mentally ill or developmentally disabled.
The current use is more compatable with the existing neighborhood than the uses listed above.
The residence has no signage, is well kept and provides 24 hour care for 4 individuals between
the ages of 68 and 90. No more than two care providers are ever at the residence and all vehicles
are parked in the garage.
The granting of this variance would have no adverse impact on this neighborhood.