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OPTIONS CHARTER SCHOOL
DOCKET NO. 04070019 UV
Statement of Use Variance
The applicant seeks a use variance, which would allow the applicant to operate a
charter school at 530 West Carmel Drive. A charter school is an alternative school
which is designed, pursuant to I.C. {}20-5.5-2-1, "to provide innovative and
autonomous programs to do the following:
(a) serve the different learning styles and needs of public school
students;
(b) offer public school studems appropriate and innovative
choices;
(c) afford varied opportunities for professional educators;
(d) allow public schools freedom and flexibility in exchange for
exceptional levels of accountability; and
(e) provide parents, students, community members, and local
entities with an expanded opportunity for involvement in the
public school system."
Options Charter School currently holds classes at 340 Ridge Point Drive and seeks to
relocate their school to the larger facility at 530 West Carmel Drive. This property is
currently zoned M-3 and does not recognize a school as a permitted or special use
under Section 10-48 of the Carmel Code of Ordinances. Section 10-134, however,
states that the Board of Zoning Appeals may authorize a variance from the Zoning
Code when such a variance would not be contrary to the public interest, and when a
literal enforcement of the provisions of the ordinances would result in unnecessm3~
hardship.
The applicant is requesting that it be allowed to use a total of 11,444 square feet
for a charter school created in accordance with I.C. §20-5.5 et seq. This two-story
area would consist of several classrooms, offices, and other educational facilities.
While the location in question previously housed a special needs school, some
construction will be necessary in order to make the unit suitable for the applicants
needs. This construction wold be internal, however, and would not change the
external appearance of the building other than placing a sign on the door.
Options Charter School does not believe that parking will be an issue at this
location. The school will not exceed 130 students between the grades of nine through
twelve (9-12) and only a fraction of these students will need parking while attending
school. The property owner is dedicating 40 spaces with the potential of increasing
the number to 45 spaces. The applicant believes that this number of spaces will
sufficiently accommodate both the students and the staff of the school. Nevertheless,
in the event a parking issue does arise, however, Options Charter School is willing to
shuttle students from another location.
Statement of Support
In support of its request for the Use Variance, the applicant would advise that
Option Charter Schools would neither be contrary to the public interest nor injurious
to the public health, safety, morals and general welfare of the community in that the
school would provide education for studems of City residents. Moreover, the
applicant would advise that Charter Option Schools would suffer unnecessary
hardship in that the school will be unable to expand its facilities in order to provide
more educational oppommities for its students.
The applicant would ft~her state that value of the area adjacent to the subject
property would not be substantially affected in any adverse manner because Charter
Option Schools is seeking to operate its school in the same building that previously
housed a special needs school because the proposed new school location is
geographically close to the current location of Option Charter School. Lastly, the
landlord is agreeable to the requested variance. Consequently, it is not believe that
the proposed variance would have any impact on property values.
The applicant further states that the granting of this variance would not
substantially interfere with the Carmel/Clay Comprehensive Plan because similar
schools have existed and currently still exist in the area.
Map1
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~ ~ajor Roads
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Private Read or Drive
Parcel Boundary
Zoning
~"' BI Carmel Clay Zoning
SCALE [ ' 6,316
500 0 500 1,000
FEET
1,500
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner.
FINDINGS OF FACT- USE VARIANCE
The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s)
such that enforcement of the zoning ordinance will result in unnecessary hardship because:
The school would provide improved educational facilities which otherwi.~e
would not be available if variance was denied.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The variance would allow for better and improved conditions for a charter
school .....
The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The landlord a~prov,es of the variance and other sc.hools have operated in
the same vicinity .......
The need ~rthevariancearises~om a naturalconditionpeculiartothesu~e~ pmpertybecause:
It would provide more educational space in an area geographically close
~to the current school.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Other schools have existed and still existed and still exist in the same
area.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Vadance Docket No.
is granted, subjoct to any conditions stated in the minutos 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.
Page 9 of 8 - Z:~J~arecl~f~~ applicatJons~ Use Variance Application rev. 01/05/04
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.'
Petitioner:
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
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.
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DATED THIS
DAY OF ,20 ~.
Board Member
Page 8 of 8 - Z:\shared~forms~ZA applications\ Use Variance Application rev. 01105/04