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October 14, 2 01 1 WRITERS DIRECT NUMBER (317)236 5952
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INTERNET: Timothy'Ochs @icemiller.com
Carmel Board of Zoning Appeals
c/o Carmel Department of Community Services V
Third floor
One Civic Square
Carmel, IN 46032
RE: Docket No. 11090011V/Woodland Springs Manor Apartments
Dear Board Members:
Woodland Springs Manor Apartments (the "Apartments was constructed in the early
1970's at the southeast corner of 116 Street and Keystone Parkway. When constructed, the
Apartments complied with all applicable building codes and zoning ordinance provisions. The site is
currently zoned R -4 /Residence and is also partially located within the Keystone Parkway Corridor
Overlay Zone.
When Keystone Parkway was improved and the round -about constructed at the intersection
of 116 and Keystone Parkway, the City of Carmel acquired new right -of -way from the Apartments
along both Keystone Parkway and 116 Street in order to construct the new improvements. As a
result of this condemnation, the front yard setbacks along both Keystone Parkway and 116 Street no
longer comply with the requirements of the Carmel Zoning Ordinance. Enclosed with this package is
a copy of the survey with the new right -of -way line highlighted in yellow. Also enclosed is an aerial
photo of the Apartments taken after the completion of the improvements to Keystone Parkway and
the construction of the round about. Other than the replacement of a sign for the Apartments at the
intersection and the replacement of a perimeter fence, no new improvements are proposed for the
Apartments. The sign and fence will be the subject of a separate ADLS petition.
The sole reason for the requested variance is because of the condemnation, which is no fault
of the owner of the Apartments and entirely beyond the owner's control. If approved, the
development standards variance will not result in the construction of any new apartments but will
simply allow the existing improvements to remain as they have for over thirty years. Accordingly,
we respectfully request that the Board of Zoning Appeals approve the requested variance.
Thank you for your attention to our request.
Very truly yours,
ICE MILLER LLP
Timothy f at--
TEO:sw
1/2680446.1
One American Square 1 Suite 2900 1 Indianapolis, IN 46282 -0200 1 P 317 236 -2100 F 317- 236 -2219
INDIANAPOLIS 1 CHICAGO 1 DUPAGE COUNTY IL 1 WASHINGTON DC www.icemiller.com
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 11090011V
Petitioner: Bush Development Company, L.P.
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The approval will simply allow an apartment community that has existed since the early 1970s to continue to operate using the
buildings and improvements that already exist on the property. The continued existence of an approximately 40 year old
apartment community that has not caused any injury to the public health, safety, morals and general welfare in the pass will not
cause any such injury in the future, Moreover, the new Keystone Parkway and applicable portion of 116th Street do not cause
any of the existing buildings or improvements to create any risk or hazard to vehicles using such rights -of -way.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The existing apartment community has been present on the subject property for approximately 40 years. Ali property in the
area adjacent to the subject property long ago adjusted to the existing apartment community. The continued use of the subject
property as an apartment community, therefore, will have no Impact on the surrounding 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:
The sole reason for the requested development standards variances is due to the City of Carmel's exercise of its power of
eminent domain for the purpose of the improvements to Keystone Parkway that will result in the loss of real estate, After the
taking by the City of Carmel, several structures on the real estate that once conformed with the provisions of the Carmel Zoning
Ordinance wit become nonconforming through no fault of the Owner. Moving the improvements after they were instated in
accordance with the terms of the Carmel Zoning Ordinance would constitute a significant and practical difficulty.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards 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. (Petitioner or representative to sign).
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