HomeMy WebLinkAboutApplication DSVFEES
Special Use Amendment Filing Fee
$1,647.00 (based on 6.2 acres of disturbed land.)
Variance Filing Fee due
$1,145.00
Total fee due:
$2,792.00
Conn, Angelina V
From: Conn, Angelina V
Sent: Monday, November 22, 2010 11:55 AM
To: Boone, Rachel M.; Blanchard, Jim E; Donahue -Wold, Alexia K; Hancock, Ramona B;
Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham,
Daren; Stewart, Lisa M; Tingley, Connie S; 'John Molitor'; Duncan, Gary R; Redden, Nick
Cc: 'Jon Dobosiewicz ';'gapowell @indy.rr.com'; Charlie Frankenberger; Jamie Shinneman
Subject: Docket No. Assignment: Pilgrim Lutheran Church #10110009 SUA 10110010 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file, contacted the petitioner, and issued the necessary Docket Numbers for Pilgrim Lutheran
Church. They are the following:
Pilgrim Lutheran Church
The applicant seeks the following special use amendment and development standards variance approval for a new
building:
Docket. No. 10110009 SUA Ordinance Chptr 5.02: Church in S -1 district
Docket No. 10110010 V Ordinance Chptr 5.04.01: Maximum 35 -ft height
The 19 -acre site is located at 3650 W. 106`'' Street and is zoned S1/Single-Family Residential. Filed by Gerald Powell of
Pilgrim Lutheran Church of Indianapolis, Inc.
Mr. Gerald Powell, applicant, can be contacted at 317 -846 -4679.
Mr. Jon Dobosiewicz, land use specialist, can be contacted at 317- 844 0106.
Petitioner, please note the following:
1. This Item will be on the December 15 agenda of the Technical Advisory Committee. If not done already, the
petitioner must submit plans and review materials to all TAC members ASAP via email and /or mail. The updated
TAC members list is online at: http:// www. ci. carmel. in. us /services/DOCS /DOCSTAC2004.htm
2. Mailed and Published Public Notice needs to occur no later than Friday, December 31. Published notice is
required within the bndianapolis 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). Make sure the public notice meeting time
to the newspaper and neighbors reads 6 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: publicnotices @indystar.com).
3. The Proof of Notice (newspaper affidavit, green cards, etc.) will need to be received by this Department no later
than noon, Friday, Jan. 14, 2011 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, Jan. 14, 2011. Failure to submit Informational Packets by this time will result in the tabling of
the petition.
5. This Item will appear on the TUESDAY, Jan. 25, 2011 agenda of the Board of Zoning Appeals under Public
Hearings, to begin at 6 p.m. in the Council Chambers of Carmel City Hall, 2' Floor. Either the Petitioner or
someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, the
item will be tabled.
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6. The petitioner will need to prov e a fully filled -out. Findings -of -Fact sheetfOreach 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. Please refer to your instruction sheet for more details.
8. Review comments will be issued soon.
Thank you,
Angie Conn, Planning Administrator
City of Carmel, Department of Community Services
3rd Floor, One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
http://www.ci.carmelin.usiservicesicommunityservice.html
P Please consider the environment before printing this e -mail
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CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
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 being varied OR see Hearing Officer Fees
DOCKET NO. DATE RECEIVED:
1) Applicant: Pilgrim Lutheran Church of Indianapolis, Incorporated
Attn: Gerald Powell
Address: 10202 N. Meridian Street, Indianapolis, IN 46290 Phone: 846 -4679
2) Project Name: Pilgrim Lutheran Church relocation
Attorney: Charles D. Frankenberger
Contact Person: Jon C. Dobosiewicz and See Exhibit "A" Email: jon @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:
Legal description: See Exhibit `B" attached
Tax Map Parcel No.: 17- 13- 06- 04 -05- 001.000
3650 West 106 Street, Carmel, IN 46032
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):
Section 5.04.01 Maximum Building Height 35'. The main building height of 35' 11 5/8" and
bell tower height of 100' exceed the allowed building height.
8) State reasons supporting the Development Standards Variance.
Pilgrim Lutheran Church desires to construct a church at 3650 West 106 Street. It is common for
church structures including bell towers to be constructed at a height in excess of the of 35'. The
35' maximum building height is intended to restrict the height of single family residences and not
restrict the ability of special uses such as churches to construct to a height taller than 35'.
Page 1 of 7
9) Present zoning of the property (give exact classification): S -1 Residential
10) Size of lot/parcel in question: 20 Acres
11) Present Use of Property: unimproved
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 application on file with DOCS.
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? Fall 2011
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) 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.
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 7
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.
State of a_
County of //am /10
STATEMENT OF APPLICANT
Carmel Lutheran Church of Indianapolis, Inc.
By
Jon Dobosiewicz for
C el Lutheran Church of Indianapolis, Inc.
SS:
Before me the undersigned, a Notary Public for a r,'o r County, State of Indiana,
personally appeared n C. oobos:.e W' tiof /l/e /son'/ A ankenbe e and acknowledged the execution of
the foregoing instrument this )day of Aid Veer, b.e• 2010.
My Commission Expires: A)
H: \Becky\Zoning Real Estate Matters\Pilgrim Lutheran Var SU\Special Use and DSV\Application \Variance Application.doc
Page 3 of 7
Notary PuralW
.ter.
r.d'' BECKY J. TURNER
Marion County
My Commission Expires
''oF�� April 24, 2016
1. Petitioner Applicant:
3. Architect
EXHIBIT "A"
CONTACT LIST
Pilgrim Lutheran Church of Indianapolis, Inc.
Attn: Gerald Powell
10202 North Meridian Street
Indianapolis, IN 46290
Phone: 317- 8464679
Email: gapowell @indy.rr.com
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
John R. Munson
Richardson Munson and Weir
3901 West 86 Street, Suite 370
Indianapolis, Indiana 46268
(317) 872 -3165
Fax: (317) 872 -0068
Email: rmwjrm @aol.com
4. Engineer Jamie Shineman
Project Manager, Commercial Development
Weihe Engineers, Inc.
10505 N. College Ave.
Indianapolis, IN 46280
Phone: (317) 846 -6611
Fax: (317) 843 -0546
Email: Shinemanj @weihe.net
Page 4 of 7
EXHIBIT `B"
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 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
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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 6 of 7
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Pilgrim Lutheran Church of Indianapolis, Inc.
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
1. The grant of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because:
DECISION
(i) the approval of this variance will have marginal, if any, impact on the public health,
safety, morals and general welfare of the community, (ii) only certain elements of the
building will exceed 35 feet and (iii) the design of the proposed church will promote
architectural diversity in the area.
2. The use or value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because:
(i) the approval of this variance will have marginal, if any, impact on the surrounding use
or value of adjacent areas, and (ii) the design of the proposed church will promote
architectural diversity in the area.
3. The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because:
denial of this variance request will hinder the Church from worshipping in a space of a size
necessary to accommodate the needs of their parishioners and constructing a bell tower
that is of a height typical of other similar structures in the S -1 Residential zoning district.
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that
Variance Docket No. is granted, 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 2011.
BZA President, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
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