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HomeMy WebLinkAboutApplication Holmes, Christine B From: Holmes, Christine B Sent: Tuesday, June 15, 2010 3:48 PM To: Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott I; Conn, Angelina V; Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; Lux, Pamela K; Martin, Candy; Mast, Darren (dmast @carmel.in.gov); Mindham, Daren; Miser, Craig; Stewart, Lisa M; Thomas, John G; Tingley, Connie S; Weddington, Trudy A. Cc: 'Jon Dobosiewicz' Subject: Docket No. Assignment: Pilgrim Lutheran Church (10060010 V) I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Pilgrim Lutheran Church. It will be the following: Docket No. 10060010V $601.00 Development Standards Variance Hearing Officer fee Total Fee: $601.00 Pilgrim Lutheran Church The applicant seeks the following development standards variance approvals: Docket No. 10060010 V Section 21.02.07 Extension of Special Use Approval The site is located at 3650 West 106 Street on 20.02 acres and is zoned S1 /Single Family Residential. Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of Pilgrim Lutheran Church of Indianapolis, Inc. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Wednesday, June 16. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, June 25. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, June 18. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the July 26, 2010 agenda of the BZA. 5. This Item will appear on the June 28, 2010 agenda of the Hearing Officer of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet 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. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the July 26, 2010 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Mr. Jon Dobosiewicz, Land Use Professional, can be contacted at (317) 844 -0106. Department's Review Comments; petitioner, please complete the followinct: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: publicnoticeseindystar.com 2. Please make checks payable to the City of Carmel. 3. Please provide filled out and notarized placement of public notice sign affidavit. 4. Please provide proof of notice from the Indy Star. 5. Please provide signed green return receipt cards. 1 Thank you. Christine Barton Holmes, LEED AP BD +C Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2424 317.571.2426 fax carmel.in.gov Please consider the environment before printing 2 CITY OF' CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REOUEST FEE: Single Family (Primary Residence) $289.00 for the first variance, plus $89.00 for each additional section of the ordinance being varied. All Other $1,145.00 for the first variance, plus $541.00 for each additional section of the ordinance beiggE vr see 1- learing Officer Fees KK DOCKET NO. l bet 0491 if JUN 1 5 201; DATE RECEIVED: 4 DIMS 1) Applicant: Pilgrim Lutheran Church of Indianapolis, Inc., Attn: Gerald Powell Address: 10202 N. Meridian Street, Indianapolis, IN 46290 Phone: 846 -4679 2) Project Name: Church relocation Attorney: Charles D. Frankenberger Contact Person: Jon C. Dobosiewicz Email: ion @nf- law.com 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: Name of Landowner: Phone: Landowner Address: 5) Record of Ownership: Deed Book No. /Instrument No.: 6) Common address of the property involved: 3650 West 106` Street, Carmel, IN 46032 Legal description: See Exhibit "A" attached Tax Map Parcel No.: 17- 13- 06- 04 -05- 001.000 7) State explanation of requested Development Standards 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 request). Pertaining to Section 21.02.07, this request seeks to extend until the 22 day of July, 2012 the time by which to continuously commence the construction of a church on the Real Estate. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance Extension of previously granted special use is needed to allow church sufficient time to determine its site development plans and building plans. 9) Present zoning of the property (give exact classification): S -1 10) Size of lot/parcel in question: 20 Acres I I) Present Use of Property: unimproved Page 1 of 11 P 4606 ff -v- 12) Describe the proposed use of the property: a church 13) Is the property: Owner occupied X 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. Special use approved, allowing a church, on July 22, 2002, under docket number SU- 140 -02 and a variance extending the special use also approved on July 22, 2002 under docket number V- 141 -02. Thereafter, the special use was administratively extended until July 22, 2010, by a letter from the Cannel Dept. of Community Services dated October 27, 2008. 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 appeal is granted, when will the work commence? On or before July 22, 2012 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The Applicant 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) I -IAND 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 TI -IE RESPONSIBILITY OF THE APPLICANT. AGAIN, TI -IIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 11 STATEMENT OF APPLICANT I hereby state that I am the applicant involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are correct. Carmel Lutheran Church of Indianapolis, Inc. B Y Jon i/ obosiewicz for Ca el Lutheran Church of Indianapolis, Inc. State of '4") SS: County of mi I kin Before me the undersigned, a Notary Public for Pa rTdti County, State of Indiana, personally appeared C. Vic){ t,uoF (4v lAtiikremq Cyu+re, and acknowledged the execution of the foregoing instrument this day of u rno 2010. My Commission Expires: d cr-(4.opoat Nota Public P' MARGIE L. FERGUSON My �nm�n EIVINS w July 6, 2017 Page 4 of 11 EXHIBIT "A" Legal Description All that part of the East Half of the Southeast Quarter of Section 6, Township 17 North, Range 3 East platted as Brandywine Section Four (now vacated) and recorded in Plat book 7, page 162 in the Office of the recorder of Hamilton County, Indiana; and all that part of the said Half Quarter Section platted as Brandywine Section Three (now vacated) except for a 4.581 Acres tract of land being a part of Lots 35 and 36 in said Brandywine Section Three. The subject tract is more particularly described as follows: Commencing at the Southeast corner of the said Half Quarter Section; thence North 00 degrees 00 minutes 54 seconds West along the East line of the said Half Quarter Section 966.63 feet to a point which lies South 00 degrees 00 minutes 54 seconds East 1697.09 feet from the Northeast corner of the said Half Quarter Section; thence South 89 degrees 59 minutes 06 seconds West 40.00 feet to the POINT OF BEGINNING; thence South 89 degrees 59 minutes 06 seconds West 360.00 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the East line of the said Half Quarter Section 408.64 feet to the Southerly line of Brandywine Section One, the plat of which is recorded in Plat Book 6, page 52 in the Office of the Recorder of Hamilton County, Indiana; thence South 51 degrees 00 minutes 00 seconds West along the Southerly line of the said plat and along the Southerly line of Brandywine Section Two, the plat of which is recorded in Plat Book 7, page 155 in the said Recorder's Office 1193.55 feet to the West line of the said Half Quarter Section; thence South 00 degrees 13 minutes 22 seconds West along the West line of the said Half Quarter Section 592.23 feet to a point on a line which lies 40.00 feet North of and parallel with the South line of the said Half Quarter Section; thence North 89 degrees 38 minutes 51 seconds East parallel with the South line of the said Half Quarter Section 1290.24 feet to a point on a line which lies 40.00 feet West of and parallel with the East line of the said Half Quarter Section; thence North 00 degrees 00 minutes 54 seconds West and parallel with the East line of the said Half Quarter Section 926.87 feet to the POINT OF BEGINNING, containing 28 Acres, more or less. EXCEPTING THEREFROM THE FOLLOWING, TO -WIT: Part of the Southeast Quarter of Section 6, Township 17 north, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) along the south line of said Quarter 39.77 feet; thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line 40.00 feet; thence North 00 degrees 00 minutes 54 seconds West 394.94 feet to the northeast corner of the land described in a deed to Clay Township of Hamilton County, Indiana recorded as Instrument Number 200100021146 in the Office of the Recorder of Hamilton County, Indiana and the POINT OF BEGINNING; thence South 89 degrees 38 minutes 51 seconds West parallel with the South line of said Quarter and along the north line of said Clay Township property and the prolongation thereof 360.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the east line of said Quarter 534.05 feet to the Southwest corner of the land described in a deed to the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter Day Saints recorded as Instrument Number 87 -31364 in said Recorder's office; thence North 89 Page 9 of 11 degrees 59 minutes 06 seconds East along the south line of said land 360.00 feet to a point which lies 40.00 feet west by perpendicular measure to the east line of said Quarter and the Southeast corner of said land; thence South 00 degrees 00 minutes 54 seconds East parallel with said east line 531.93 feet to the POINT OF BEGINNING, containing 4.405 acres, more or less. ALSO EXCEPTING THEREFROM THE FOLLOWING, TO -WIT: Part of the Southeast Quarter of Section 6, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) along the south line of said Quarter a distance of 39.77 feet; thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line a distance of 40.00 feet; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) parallel with the south line of said Quarter a distance of 395.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the east line of said Quarter a distance of 169.44 feet to a 5/8 inch rebar with yellow plastic cap stamped "SCHNEIDER FIRM #0001" (hereafter referred to as a capped rebar); thence North 44 degrees 58 minutes 18 seconds East a distance of 320.73 feet to a capped rebar; thence North 89 degrees 38 minutes 51 seconds East parallel with the south line of said Quarter a distance of 168.27 feet to a point which lies 40.00 feet west by perpendicular measure to the east line of said Quarter; thence south 00 degrees 00 minutes 54 seconds East parallel with said east line a distance of 394.94 feet to the point of beginning, containing 2.994 acres, more or less. Page 10 of 11 EXHIBIT "B" CONTACT LIST 1. Petitioner Applicant: Carmel Lutheran Church of Indianapolis, Inc. Attn: Gerald Powell 10202 North Meridian Street Indianapolis, IN 46290 Phone: 317-8464679 2. Attorney /Land Use Professional (Authorized Contact Person): Charles D. Frankenberger Jon C. Dobosiewicz Nelson Frankenberger 3105 E. 98 Street, Suite 270 Indianapolis, IN 46280 Phone: (317) 844 -0106 Fax: (317) 846 -8782 Email: Charlie @nf- law.com Email: Jon @nf- law.com Page 11 of 11