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Home My WebLink AboutPacket 10-27-08Lakeview Health Care Center Docket No. 08090010 UV USE VARIANCE APPLICATION CITY OF CARMEL, INDIANA October 27, 2008 Carmel Board of Zoning Appeals Applicant: Gibault, Inc. c/o James M. Sinclair Attorney: Nelson Frankenberger c/o Charles D. Frankenberger 844 -0106 TABLE OF CONTENTS 1. Explanation of Request 2. Aerial Photograph Site location Exhibit 3. Colored Site Exhibit (B -2 and Use Variance Real Estate) 4. Survey illustrating description closure error 5. List of Prohibited Uses H:\Becky\Zoning Real Estate Matters \Gibault\BZA Infromation Booklet 102708 \Gibault Booklet TOC 102708.doc TAB 1 EXPLANATION OF REQUEST Gibault, Inc. is the contract purchaser of approximately 6 acres of real estate located at the southeast corner of Keystone Avenue and East 136 Street. The real estate is outlined on the aerial photograph included under Tab 2. In 1921, Gibault was founded as a home for wayward boys by the Indiana Knights of Columbus. Over the years, Gibault has evolved to meet the needs of persons of all ages. It is Gibault's intent to continue the nursing home use on the property as they continue to evolve. As illustrated on the drawing included under Tab 3, part of the site is zoned 13-2 (Business) and part of the site is zoned R -2 (Residential). The area highlighted in green is zoned B -2 and the area highlighted in yellow is zoned R2. It is the R2 area, highlighted in yellow, which is the subject of this request for a use variance. The site is currently occupied by the Lakeview Health Care Center. By way of general background, in 1985 the owner received from the Plan Commission approval of a building addition and parking lot expansion. At that time, the Plan Commission allowed a portion of the building and parking addition to be constructed in the area zoned R -2 and identified on Tab 3 in yellow. In reliance on this approval, the improvements were constructed. However, under current zoning requirements a parking lot serving a business use is not permitted on residentially zoned real estate. This issue has come to light today as part of Gibault's due diligence in the purchase of the real estate and, in order to satisfy the requirements of its title insurer, Gibault needs affirmation of the Plan Commission's previous allowance of the parking lot and a small portion of the building in the R -2 portion of the site. To this end, Gibault is requesting affirmation of the approval by the Plan Commission in 1985 allowing (i) the encroachment into the R -2 area, to the extent it exists today, of a building occupied by a use permitted under the B2 district and (ii) the parking lot, as it exists today in the R -2 area, as a use accessory to a use permitted under the B2 district. As a result of Gibault's due diligence in the purchase of the site, an error has come to light in the form of the legal description legal made part of the 1985 approval. Although the drawing made the basis of the 1985 approval correctly depicted the area of the subject real estate, the corresponding metes and bounds legal description failed to close. The drawing included under Tab 4 of this submittal illustrates this gap in the legal description and includes the corresponding inaccurate legal description of approximately 1.3 acres. When the gap is corrected by closure, the result is a corrected legal description comprising 1.543 acres. This correction of the scrivener's error does not result in an increase in the size of the subject parcel shown to and made the basis of the Plan Commission's decision in 1985; instead, as mentioned, the depiction of the real estate reviewed in 1985 by the Plan Commission remains the same. As part of this request, the Planning Staff has asked Gibault to agree to the disallowance of the certain B -2 uses enumerated under Tab 5 and, in deference to this request, Gibault has agreed, as a condition to the approval of the requested use variance, to the disallowance of those B -2 uses enumerated under Tab 5. We look forward to presenting this request to the Carmel Board of Zoning Appeals on Monday, October 27, 2008. Respectfully submitted, Charles D. Frankenberger EXHIBIT A A part of the Northeast Quarter of Section 30, Township 18 North, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 30, Township 18 North, Range 4 East; thence South 89 degrees 59 minutes 38 seconds West (basis of bearings assumed from the Quitclaim Deed to Steve L. Dehne "Dehne tract recorded as Deed Book 347, page 889 in the Office of the Recorder of Hamilton County, Indiana) 1,179.75 feet along the North Line of said Northeast Quarter to the northeastern corner of said Dehne tract and the POINT OF BEGINNING of this description; thence continue South 89 degrees 59 minutes 38 seconds West 137.95 feet along said North Line; thence South 00 degrees 04 minutes 09 seconds West 135.00 feet parallel with the eastern line of said Dehne tract; thence South 10 degrees 04 minutes 09 seconds West 101.50 feet; thence South 00 degrees 04 minutes 09 seconds West 69.00 feet parallel with said eastern line; thence South 89 degrees 59 minutes 38 seconds West 25.00 feet parallel with said North Line; thence South 00 degrees 04 minutes 09 seconds West 60.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 30.00 feet parallel with said North Line; thence South 00 degrees 04 minutes 09 seconds West 165.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 75.00 feet parallel with said North Line; thence North 00 degrees 04 minutes 09 seconds East 165.00 feet parallel with said eastern line; thence North 89 degrees 59 minutes 38 seconds East 75.58 feet parallel with said North Line to said eastern line; thence North 00 degrees 04 minutes 09 seconds East 363.93 feet along said eastern line to the POINT OF BEGINNING, containing 1.543 acres, more or less. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE: Part of the Northeast Quarter of Section 30, Township 18 North, Range 4 East, in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the North line of the Northeast Quarter of Section 30, Township 18 North, Range 4 East 1179.75 feet South 89 degrees 59 minutes 38 seconds West (assumed bearing) from the Northeast corner of said Northeast Quarter; thence South 89 degrees 59 minutes 38 seconds West on said North line 132.95 feet; thence South 00 degrees 02 minutes 57 seconds West parallel with the East line of said Northeast Quarter 270.00 feet; thence North 89 degrees 59 minutes 38 seconds East parallel with said North line 132.95 feet; thence North 00 degrees 02 minutes 57 seconds East parallel with said East line 270.00 feet to the place of beginning, containing 0.824 acres, more or less. The aggregate area described containing 0.719 acres, more or less.] HABecky\Zoning RealEstat zMatters \thbaultl.egalfaU.eVanance 10160 &dac List of Prohibited Uses: Penal or Correctional Institution Post Office Public Service Facility General Retail Sales Lumber /Building Materials Sales (enclosed) Automobile Service Station Automobile /Boat Sales Automobile /Truck Repair (indoor) Car Wash Commercial Kennel Dry Cleaning Establishment (with on -site plant) Dry Cleaning Establishment (without on -site plant) Equipment Sales/Repair (indoor) Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self- Service Laundry Veterinary Hospital with commercial kennel Veterinary Hospital without commercial kennel Wholesale Sales Hotel Hotel (Full Service) Indoor Theater Outdoor Theater Restaurant, without drive -thru food sales Restaurant, with walk -up /drive thru food sales Tavern/Night Club Borrow Pit /Top Soil Removal Storage Sanitary Landfill, Junk Yard, Slavage Yard Light Industrial Storage and/or Warehousing Indoor Storage or Sale of Petroleum Products Mineral /Sand /Gravel Extraction Operations Storage /Distribution Facility Feed Store Plant Nursery Grain Elevator Commercial Recreational Facility, Outdoor Private Recreational Facility Park, Public Shooting Gallery Artificial Lake or Pond (non- platted) Cemetery Construction Facility Display, Outdoor Sales, Outdoor Special Event, Outdoor Collocated Antenna Radio and/or Television Studio Radio /Television Transmission Antenna3 Radio /Television Transmission Tower Tower Motor Bus or Railroad Passenger Station Commercial Parking Lot