HomeMy WebLinkAboutApplication y
CITY OF CARMEL CLAY TOWNSHIP J
HAMILTON COUNTY, INDIANA
RECE,
APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEC ,7 1 2f-1
SPECIAL USE /SPECIAL USE AMENDMENT APPROVAL REQUEST, .'.a\ DI CS I
Fee $894.00pIus $119.00 per acre
DOCKET NO. 'a`7 O Z S I' DATE RECEIVED:
1) Applicant: College Park Church, Inc.
Address: 2606 West 96th Street, Indianapolis, IN 46268
2) Project Name: Sanctuary Expansion Project Phone Fax 875 0282
Engineer /Architect: Aspen Group Phone: 582 5100
Attorney: Gregory P. Cafouros Phone: 692 -9000
Contact Person: Gregory P. Cafouros Phone: 692 -9000
Email gpc(kgrlaw. com Fax: 264 -6832
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:
Owner's address: Phone:
5) Record of Ownership:
Deed book No. /Instrument No. See attached Exhibit A
Page: Purchase Date:
6) Common address of the property involved: 2606 West 96th Street, Indianapolis, IN 46268
Legal description: See attached Exhibit A
Tax Map Parcel No.: 1- 7 13- OS =GG -G0 -01.3, 301-
7) State explanation of requested Special Use: The Church has recently acquired an additional
3.0 acres adjacent to its existing 29 -acre parcel. This request seeks to
amend the prior approval to add this 3.0 acre parcel to the existing approved
Church use.
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of
Fact Special Use
Growth of the Church membership and expansion of the Church's facilities
requires the acquisition of this property for use as part of Church's use.
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9) Present zoning of the property (give exact classification): S
10) Present use of the property: Farm ground
11) Size of lot/parcel in question: 3.0 acres
12) Describe the proposed use of the property: To serve the existing Church with internal
driveway improvements and overflow parking.
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.
No
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
16) If proposed special use is granted, when will the work commence? May 2010
17) If the proposed special use is granted, who will operate and /or use the proposed improvement for which this
application has been filed? College Park Church
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.
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.
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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: ,/J
rte- 1 z /cs -cam
(Property Ow Property Owner's Attorney (Date)
or Property o er's Power of Attorney)
(Please Print)
STATE OF INDIANA
SS:
County of NrkYvt /ayt Before me the undersigned, a Notary Public
(County in which notarization takes place)
for (Via.tcro IA County, State of Indiana, personally appeared
(Notary Public's county of residence)
0 0 -.2_ �R C. and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this 0 day of JD-ec_gw►i r 20: 72
/4 1-iC t'd-00---
Notary Public Signature
(SEAL)
(SEAL)
Aviety
o 'i4 4 U
Notary Public Please Print
Amanda Phillabaum
My commission expires: x/19 .f Z� l 7
Notary Public Seal State of Indiana
Marion County
My Commission Expires 08/19/2017
Page 4 of 8 z:\shared\forms\BZA applications\ Special Use Application rev. 01/052009
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: College Park Church, Inc.
FINDINGS OF FACT SPECIAL USE
1. The premises in question is particularly physically suitable for the proposed Special Use because:
It is'adjacent to the existing 29.1 -acre Church property currently used
for Church purposes.
2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community
and its anticipated effect on surrounding property values because:
No signiicant economic impacts are expected to the community at large or
surrounding owners due to the small amount of additional undeveloped farm
ground being added to the existing Church uses.
3. The Special Use will be consistent with social /neighborhood factors, such as compatibility with existing uses and
those permitted under current zoning in the vicinity of the premises under consideration and how the proposed
Special Use will affect neighborhood integrity becQuse:
Church uses are a permitted special use in S -1 districts, the subject property
is adjacent to and integral with permitted Church special uses in the
neighborhood.
4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm
drainage facilities and police and fire protection because:
No additional utility, drainage or police and fire protection impacts will
occur due to this Special Use request.
5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon
which the Special Use is proposed because:
The additional internal driveway and overflow parking in the subject
property will improve traffic and safety in the area.
DECISION
Yes No: The Board has reviewed the requirements of Ordinance Z -160, Section 21.03 (1 -26) as they relate to this
Special Use, and does not find that those criteria prevent the granting of the Special Use.
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Special. Use Docket Number
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).
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Exhibit A to
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Special Use Application
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ii 6 13
GENERAL WARRANTY DEED
THIS INDENTURE WITNESS To, that Lisa S. Childers as Trustee of the Lisa S.
Childers Revocable Trust "Grantor CONVEYS to College Park Church, Inc., for the sum of
One Hundred Thousand and 00 /100 Dollars ($100,000.00) and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the following described real estate
"Real Estate in Hamilton County, in the State of Indiana:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE
free and clear of any and all encumbrances except those matters insured pursuant to Title Policy
No. 4942 issued by Title Services, LLC.
Grantor warrants to Grantee, its successors and assigns, that Grantor will forever defend
title to the Real Estate (subject to the matters to which this conveyance is herein above made
subject) against those claims of all persons whomsoever who shall claim title to or assert claims
affecting the title to the Real Estate, or any part thereof, under, by or through, or based upon the
acts of the Grantor.
The undersigned person executing this deed on behalf of Grantor certifies that he has
been duly authorized and fully empowered by all the necessary action of Grantor, and has full
power and authority to execute and deliver this deed.
Grantee's post office address is and tax statements should be sent to:
College Park Church, Inc.
2606 West 96 Street
Indianapolis, IN 46280
IN WITNESS WHEREOF, Grantor has executed this deed this /,'day of August,
2009.
2009058499 GENWARR DE $23.00
10/06/2009 09:43:56A 4 PGS
Jennifer J Hayden
GRANTOR HAMILTON County Recorder IN
Recorded as Presented
Lisa S. Childers
DULY ENTERED FOR TAXATION c-
Witness 6
Printed: --5-004 1 Qn, Subject to final acceptance for transfer
f
d ay of ,-(A .ox. Qp ca
DUI 1 e vu Auditor of Hamilton County
Parcel A3 -0t. .aa_a‘3,
STATE OF INDIANA
SS:
COUNTY OF J �/l�lt./i o n
Etefore me, the undersigned, a Notary Public, in and for said County and State this
/5 day of i ofpm 6u 2009, personally appeared Lisa S. Childers, who,
having been duly swbrn, acknowledge the execution of this General Warranty Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official
seal.
Signature: 1
My Commission Expires:
aO LCy TANA N. STEWART
%n., Notar Public, State of Indiana
My County of Residence: Marion County Commission M 577671
o My Commission Expires
January 15, 2016
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. /Mark J. Colucci, Esquire/
This instrumen A)
reared by AKTV C p1UC C. y t�tS whose address is
4 1
.o ,4. byl CTv4 IS 1 1..1 4 tp•C
Return recorded Deed to: Grantee at Grantee's address set forth above.
Send tax statements to Grantee at Grantee's address set forth above.
EXHIBIT "A"
Land Description (Remainder Parcel)
Part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 17 North,
Range 3 East, Hamilton County, Indiana, being further described as follows:
Commencing at the northeast corner of said Quarter Quarter Section (said comer being
distant 1336.92 feet from the southeast corner of said Southeast Quarter Section); thence
South 88 degrees 30 minutes 30 seconds West (basis of bearings being the east line of
said Southeast Quarter Section, bearing North 00 degrees 00 minutes 00 seconds East)
along the north line of said Southeast Quarter Quarter Section a distance of 255.01 feet to
the Point of Beginning and the northwest corner of a certain 0.105 acre cutout parcel to
Miller; thence South 00 degrees 00 minutes 00 seconds West parallel with the east line
thereof a distance of 153.34 feet; thence North 88 degrees 30 minutes 30 :seconds East
parallel with the north line thereof a distance of 30.01 feet to the southwest corner of
property to Miller, as described in Instrument Number 2005 -25449 and recorded in the
Office: of the Recorder of Hamilton County, Indiana, also being on the east line of
property to Childers as described in Instrument Number 1996 9636738; thence South 00
degrees 00 minutes 00 seconds West along the east line of said Childers Property a
distance of 152.87 feet to the north line of property to College Park Baptist Church Inc
and recorded as Instrument Number 2000 63828; thence South 88 degrees 39 minutes 10
seconds West along the north line thereof and the north line of property to College Park
Baptist Church Inc and recorded as Instrument Number 2004 -45824 a distance of 448.71
to the west line of said Childers property; thence North 00 degrees 02 minutes 27 seconds
West along the west line thereof a distance of 305.07 feet to the north line thereof;
thence North 88 degrees 30 minutes 30 seconds East along the north line thereof a
distance of 418.95 feet to the Point of Beginning, containing 3.043 acres, more or less.