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HomeMy WebLinkAboutApplicationsCITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION ,~, ~i~;~ SPECIAL USE AMEND APPROVAL REQUEST Fee $655.00 DOCKET NO. DATE RECEIVED' 1) Applicant: Carmel Lutheran Missouri STnod Church, Inc. Address' 4850 131st Street, Carmel, IN 46033 2) Project Name: Church Expansion Phone (317) 814-4252 Fax: (317) 814-4260 Architect: Michael Engledow Phone: (317) 263-6226 Engineer: Jamie Shinneman Phone: (317) 846-6611 Attorney: Lawrence J. Kemper Phone: (317) 844-0106 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: Owner of the property involved: Owner's address: Phone' 5) 6) Record of Ownership: a. Instrument No. Book 301, Page 754; Date' 12/30/77 b. Instrument No. Book 301, Page 755; Date' 12/30/77 Common address of the property involved: 4850 131st Street East, Carmel, IN 46033. Legal description: See Exhibit "A" Tax Map Parcel No.' 16-10-28-00-00-054.001 16-10-28-00-00-054.002 7) State explanation of requested Special Use' This is a request for an expansion of a previously approved special use to accommodate a growing congregation. 8) State reasons supporting the Special Use' (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use") This is a request for an expansion of a previously approved special use to accommodate a growing congregation. 9) Present zoning of the property (give exact classification): S-1 10) Present use of the property: Church 11) Size of lot/parcel in question: See legal description 12) Describe the proposed use of the property: 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. Yes. Prior special use granted under: Docket #SU-32-89; Docket #V-33-89; Docket #V-66-97; Docket #SU-65-97; Approved: 4/24/1989 Approved: 4/24/1989 Approved: 8/25/1997 Approved: 8/25/1997 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? Upon approval. 17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this application has been filed? Cannel Lutheran Missouri Synod Church, Inc., its assigns and successors. NOTE: LEGAL NOTICE shall be published in 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. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. AFFIDAVIT I, Lawrence J. Kemper, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that I am the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects tree and correct to the best of my knowledge and belief. Lawrence ~~i~mp er Attomey f6r--A'iSplicant and Owner STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public for Hamilton County, State of Indiana, personally appeared Lawrence J. Kemper, Attorney for Applicant and Owner, and acknowledge the execution of the foregoing. WITNESS my hand and Notarial Seal this ~'TR' day of May, 2004. My Commission Expires: Residing in ~/~A/'tY/V/ County d/'~/o~'y Pul~lic-Signature zr-/~~7 A. ~//~-~ Notary Public-Please Print EXHIBIT "A" LEGAL DESCRIPTION TRACT "A": Part of the Northwest Quarter of Section 28, Township 18 North, Range 4 East, in Hamilton County, Indiana, described as follows' Beginning at the Southwest comer of the Northwest Quarter of Section 28, Township 18 North, Range 4 East, thence South 89 degrees 48 minutes 23 seconds East (assumed beating) on and along the South line of said Northwest Quarter 400.00 feet; thence North 00 degrees 19 minutes 22 seconds East parallel with the west line of said Northwest Quarter 544.50 feet; thence North 89 degrees 48 minutes 23 seconds West parallel with the South line of said Northwest Quarter 400.00 feet to the West line of said Northwest Quarter; thence South 00 degrees 19 minutes 22 seconds West on and along said West line 544.50 feet to the place of beginning, containing 5.000 acres, more or less. TRACT "B": Part of the Northwest Quarter of Section 28, Township 18 North, Range 4 East in Hamilton County, Indiana, described as follows' Beginning on the South line of the Northwest Quarter of Section 28, Township 18 North, Range 4 East 400.00 feet South 89 degrees 48 minutes 23 seconds East (assumed beating) from the Southwest comer of said Northwest Quarter; thence North 00 degrees 19 minutes 22 seconds East parallel with the West line of said Northwest Quarter 544.50 feet; thence South 89 degrees 48 minutes 23 seconds East parallel with the South line of said Northwest Quarter 400.00 feet; thence South 00 degrees 19 minutes 22 seconds West parallel with said West line 544.50 feet to the South line of said Northwest Quarter; thence North 89 degrees 48 minutes 23 seconds West on and along said South line 400.00 feet to the place of beginning, containing 5.000 acres, more or less. HSJanet\Carmel Lutheran Church\SUA Application. doc CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA " APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST DOCKET NO. DATE RECEIVED: 1) Applicant' Carmel Lutheran Missouri Synod Church, Inc. Ad&ess: 4850 131st Street East, Carmel, IN 46033 2) Project Name: Church Expansion Phone (317) 814-4252 Fax: ,(317) 814-4260 Architect: Michael Engledow Phone: (317) 263-6226 Engineer: Jamie Shinneman Phone: (317) 846-6611 Attorney: Lawrence J. Kemper Phone: (317) 844-0106 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' Owner of the property involved: Owner's address: Phone: 5) Record of Ownership' a. Instrument No. Book 301, Page 754; Date: 12/30/77. b. Instrument No. Book 301, Page 755; Date' 12/30/77. 6) Common address of the property involved: 4850 131st Street East, Carmel, IN 46033. Legal description- See Exhibit "A" Tax Map Parcel No.: 16-10-28-00-00-054.001 16-10-28-00-00-054.002 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). See Exhibit'13' 8) State reasons supporting the Developmental Standards Variance' (Additionally, complete the attached question sheet entitled'~Findings of Fact-Developmental Standards Variancd) See Exhibit'I2' 9) 10) 11) 12) 13) 14) Present zoning of the property (give exact classification)' S-1 Present use of the property: Church Size of lot/parcel in question: See legal description Describe the proposed Use of the property: Church Is the property: Owner occupied X Renter occupied Other 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. 15) Yes. Prior special use granted under: Docket #SU-32-89; Docket #V-33-89; Docket #V-66-97; Docket #SU-65-97; Approved: 4/24/1989 Approved: 4/24/1989 Approved: 8/25/1997 Approved: 8/25/1997 Has work for which this Application is being filed already started? If answer is yes, give details: No. Building Permit Number: Builder: 16) 17) If proposed appeal is granted, when will the work commence? Upon approval. If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? Carmel Lutheran Missouri Synod Church, Inc., its assigns and successors. NOTE' LEGAL NOTICE shall be published in 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. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. AFFIDAVIT I, Lawrence J. Kemper, Attorney for the Applicant and Owner of the property involved in this application, hereby swear that I am the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all aspects tree and correct to the best of my knowledge and belief. Lawrence J~~mper Attorney fo~,tat~licant and Owner STATE OF INDIANA ) ) SS' COUNTY OF HAMILTON ) Before me, a Notary Public for Hamilton County, State of Indiana, personally appeared Lawrence J. Kemper, Attorney for Applicant and Owner, and acknowledge the execution of the foregoing. WITNESS my hand and Notarial Seal this o2g'7-// day of May, 2004. My Commission Expires' Residing in County Notary Public-Please Print EXHIBIT "A" LEGAL DESCRIPTION TRACT "A'" Part of the Northwest Quarter of Section 28, Township 18 North, Range 4 East, in Hamilton County, Indiana, described as follows' Beginning at the Southwest comer of the Northwest Quarter of Section 28, Township 18 North, Range 4 East, thence South 89 degrees 48 minutes 23 seconds East (assumed beating) on and along the South line of said Northwest Quarter 400.00 feet; thence North 00 degrees 19 minutes 22 seconds East parallel with the west line of said Northwest Quarter 544.50 feet; thence North 89 degrees 48 minutes 23 seconds West parallel with the South line of said Northwest Quarter 400.00 feet to the West line of said Northwest Quarter; thence South 00 degrees 19 minutes 22 seconds West on and along said West line 544.50 feet to the place of beginning, containing 5.000 acres, more or less. TRACT "B'" Part of the Northwest Quarter of Section 28, Township 18 North, Range 4 East in Hamilton County, Indiana, described as follows: Beginning on the South line of the Northwest Quarter of Section 28, Township 18 North, Range 4 East 400.00 feet South 89 degrees 48 minutes 23 seconds East (assumed beating) from the Southwest comer of said Northwest Quarter; thence North 00 degrees 19 minutes 22 seconds East parallel with the West line of said Northwest Quarter 544.50 feet; thence South 89 degrees 48 minutes 23 seconds East parallel with the South line of said Northwest Quarter 400.00 feet; thence South 00 degrees 19 minutes 22 seconds West parallel with said West line 544.50 feet to the South line of said Northwest Quarter; thence North 89 degrees 48 minutes 23 seconds West on and along said South line 400.00 feet to the place of beginning, containing 5.000 acres, more or less. H:Llanet\Carmel Lutheran ChurchXDSV Application. doc EXHIBIT "B" EXPLANATION OF REQUESTED DEVELOPMENTAL STANDARDS VARIANCE The Applicant is requesting a Variance from Section 5.04.03F of the Zoning Ordinance to permit maximum lot coverage to exceed thirty-five percent (35%), as more particularly justified on the plans filed with the Department of Community Services. EXHIBIT "C" CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: Carmel Lutheran Missouri S od Church Inc. 1. The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because the building addition and the parking lot expansion are compatible with the existing church structure, which was constructed in accordance with a height variance and special use amendment granted in 1997. 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 building addition and the parking lot expansion are compatible with the existing church structure which was constructed in accordance with a height variance and special use amendment granted in 1997, and it will be designed to include landscaping and other features minimizing its impact on surrounding properties. 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 existing facility and parking area are not accommodating the current needs of the congregation. ~DECISION IT IS THEREFORE, the decision of the Cannel/Clay Board of Zoning Appeals that Developmental 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 _, 2004. 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 his representative to sign). Jamie Shinneman From: Sent: To: Cc: Subject: Jamie Shinneman Friday, May 28, 2004 8:34 AM 'larry@nf-law.com' 'mengledow@schmidt-arch.com'; 'twiniger@schmidt-arch.com'. Shaun Ryan Carmel Lutheran Church Areas ' L~ry, Following o~e the impervious ~e~s for existing ~nd p~op°sed conditions: Existin_q (10.00 acres])' Roof = :1.08 ac~es Pave = 3.79 ac~es Lawn = 5.:[3 ac~es rmp = 4.87 acres % Zmp = 48.7 Proposed (! O. OO acres): _ Roof = 1.61acres Pave: 4.77acres Lawn: 3.62 acres 6.38 acres Zmp = 63.8 These numbers include the right-of-way of Gray Road and 131st Street. Also T; have included a PbF of the aerial and site maps for your review. Please give me a call with any questions. Thanks, ~Tamie Site Map.pdf Aerial Map.pdf WEIHE ENGINEERS INC. James K. Shinneman, PE Project Manager 10505 North College Ave. Indianapolis, IN 46280 Ph. (317) 846-6611 Fax (317) 843-0546 Toll Free (800) 452-6408 Email: shinnemanj~weihe, net This email and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this email in error destroy it immediately. Weihe Engineers, Inc. Confidential · IJJ 'Pt] IJJ ixI Ix! IxI Ix! IxI tll W ', .. - ,, . ~ ..:,.~,,,.~,..,~ '..,.,, ,' ' ... Ii'. ': ' ' -~ ' i~ ..... o .r.," ~,!'F .......... ii~iT ......... imiK ...... i ....... ~' ...................................... ,: ,' '~ ............ I' ....... ~ .... S ................... 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C Z FEATURES & SPECIFICATIONS INTENDED USE- Ideal for use in car lots, street lighting or parking areas. CONSTRUCTION - Rugged, .063" thick, aluminum rectilinear housing. Continuously seam welded for weather-tight seal and integrity. Natu- rally anodized, extruded, aluminum door frame with mitered corners is retained with (two).188" diameter hinge pins and secured with (one) quarter-turn, quick release fastener. Weatherproof seal between housing and door frame is accomplished with an integrally designed, extruded silicone gasket that snaps into door frame. FINISH - Standard finish is dark bronze (DDB) polyester powder. Other. powder architectural colors available. OPTICAL SYSTEM- Reflectors are anodized and segmented for superior uniformity and control, which allows the flexibility to mix distributions without compromising the overall lighting job. Reflectors attach with tool-less fasteners and are rotatable and interchangeable. Five cutoff" distributions available: Type II (roadway), Type III (asymmetric), Type IV (forward throw, sharp cutoff), Type IV (wide, forward throw), and Type V (square symmetrical). Lens is .1:25" thick, impact-resistant, tempered, glass with thermally- applied, silk screened power door shield. ELECTRICAL SYSTEM - Constant-wattage autotransformer is 100% cop- per wound and factory tested. Removable power door and positive- locking disconnect plug. Porcelain, horizontally-oriented, mogul- base socket with copper alloy, nickel plated screw shell and center contact. UL listed 1500W- 600V, 4KV pulse rated. INSTALLATION - Extruded, 4" aluminum arm for pole or wall mounting is shipped in fixture carton. Optional mountings available. LISTING - UL listed for wet locations. Listed and labeled to comply with Canadian Standards (see Options). IType Notes Area Lighting KSF2 HIGH PRESSURE SODIUM 250W, 400W 25' to 35' Mounting Specifications EPA: 2.0 ff.2 (.28m2) (includes arm) Length: 25 -5/16 (64.3) Width: 18-1/2 (47.0) Depth: 8-5/16 (21.1) Weight: 55 lbs (24.9kg) Arm: 4 (10.2) All dimensions are.inches (centimeters) unless otherwise specified. Mountino_ 0.Dtion Drillino~ Tem_Dlatq~8 SPxx, RPxx, DA12P 5 WBxx, DA12WB 6 WWxx 7 ORDERING INFORMATION Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate line. Order accessories as separate catalog number. Example: KSF2 400S R3 120 SP04 SF DDB LPI Series KSF2 200S KSF2 250S KSF2 4OOS Distribution R2 lES Type il roadway R3 lES Type III asymmetric R4SC lES Type IV forward throw, sharp cutoff R4W lES Type IV wide, forward throw R5S lES Type V square 120 208~ 240~ 277 347 4807 TB2 NOTES: I Consult factory for availability in Canada. 2 Optional multi-tap ballast (120, 208, 240, 277V). (120, 277, 347V in Canada). 3 SP09, RP09, or WW09 must be used when two or more luminaires are oriented on a 90° drilling pattern. 4 May be ordered as accessory. 5 Additional architectural colors available; see Ar- chitectural Colors brochure. 6, For arm mounting, see technical data section in Outdoor binder for drilling template. $P04 Square pole (4" arm) (standard)3 SP09 Square pole (9" arm) RP04 Round pole (4" arm)3 RP09 Round pole (9" arm) WW04 Wood pole or wall (4" arm)3 WWO9 Wood pole or wall (9" arm) WB04 Wall bracket (4" arm) WBO9 Wall bracket (9" arm) L/ARM When ordering KMA, DA12 OPTIONAL MOUNTING (shipped separately) DA12P Degree arm (pole) DA.12WB Degree arm (wall) KMA Mast arm adapter KTMB Twin mounting bar OUTDOOR Options Shipped Installed In Fixture SF Single fuse (120, 277, 347V, n/a TB) DF Double fuse (208, 240, 480V, n/a TB) LPI Lamp included as standard L/LP Less lamp PER NEMA twist-lock receptacle only (no photocontrol) QRS Quartz restrike system (75W.max; lamp not included,120V only) EC Emergency circuit CR Enhanced corrosion resistance CSA Listed and labeled to comply with Canadian Standards Shipped separately4 PE1 NEMA twist-lock PE (120, 208, 240V) PE3 NEMA twist-lock PE (347V) PE4 NEMA twist-lock PE (480V) PE7 NEMA twist-lock PE (277V) SC Shorting cap for PER option KSFZHS House side shield (R2,R3) KSF2VG Vandal guard Architectural Colors (powder finish)5 Standard Colors DDB Dark bronze (standard) DWH White DBL Black Classic Colors DMB Medium bronze DNA Natural aluminum DSS Sandstone DGC Charcoal gray DTG Tennis green DBR Bright red DSB Steel blue A~cessories: Tenon Mounting Slipfitter (Order separatelyi Number of fixtures Tenon 0.D. One Two@lB0° ]'wo@9O°3 Three@120° Three@00°a Four@00°a 2-3/8'" T20-190 T20-280 T20-290 T20-320 T20-390 T20-490 2-7/8" T25-190 T25-280 T25-290 T25-320 T25-390 T25-490 4" T35-190 T35-280 T35-290 T35-320 T35-390 T35-490 Si;em #: KSF2-S AL-340 KSF2 400S Arm-Mounted Rectilinear Cutoff Lighting ~;oeffici'ent of U~ilizati°n .......... Initial Footcandles .... KSF2 400S R2 Test No. 1193031601 COEFFICIENT OF UTILIZATION .0 .:l .2 .3 .4 .5 .6 KSF2 400S R3 O. 0 1 2 3 4 5 6 400W High Pressure Sodium lamp, 50000 rated lumens. Footcandle values based on 35' mounting height, Distribution II, cutoff. Test No. LTL8506 Test No. TEST NO. 1194091501 5 2.5 1 0.1 0 1. 2 3 4 5 6 400W High Pressure Sodium lamp, rated lumens. Footcandle values based on 35' mounting height, Distribution III, cutoff. KSF2 400S R4SC Test No. 1193042201 COEFFICIENT OF UTILIZATION .0 .1 .2 .3 .4 .5 .6 KSF2 400S R4W 5 2.5 1.0 0.5 .25 0.1 COEFFICIENT OF UTIUZATION .0 .1 .2 .3 .4 .5 .6 KSF2 400S R5S Test No. 1193051704 COEFFICIENT OF UTILIZATION .0 .1 .2 .3 .4 .5 .6 0 I 2 3 4 5 6 400W High Pressure Sodium lamp, 50000 rated lumens. Footcandle values based on 20' mounting height, Distribution IV wide, froward throw. i , , 0 I 2 3 4 5 6 400W High Pressure Sodium lamp, 50000 rated lumens. Footcandle values based on 35' mounting height, Distribution V, cutoff. ,, , ----//\ , 0 1 2 3 4 5 6 400W High Pressure Sodium lamp, 50000 rated lumens. Footcandle values based on 35' mounting height, Distribution IV, sharp cutoff. NOTES: 1. For electrical characteristics, consult technical data tab. 2. Tested to current II=S and NEMA standards under stabilized laboratory conditions. Various operating factors can cause differences between laboratory and actual field measurements. Dimensions and specifications are based on the most current available data and are subject to change. 3. Photometric data for other distributions can be accessed from the Lithonia Lighting website. (www. lithonia.com) Mounting Height Correction Factor (Multiply the fc level by the correction factor) 25 ff.= 1.44 32 ft.= .88 35 ff.= .73 ,Existing Mounting Height2 = Correction Factor New Mounting Height; An %~cuib/Brands Company .. · Sheet#:KSF2-S ©2000 Acuity Lighting Group, inc., Rev. 1/04 KSF2-S. p65 Lithonia'Li~lhting .... Acuity Lighting Group, Inc. Outdoor Lighting One Lithonia Way, Conyers, GA 30012-3957 Phone: 770-922-9000 Fax: 770-918-1209 in Canada: 160 avenue Labrosse, Point-Claire, P.Q., H9R 1A1 v,~wv.lithonia.com