HomeMy WebLinkAboutApplication CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS AcyION
DEVELOPMENT STANDARDS VARIANCE REQUES~''~'~
FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for ~adhadditional section of the
ordinance being varied.
All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied.
D O C K E T N O. _ _
DATE RECEIVED:
1)
Applicant: Carmel Clay School Corporation
Address' 5185 E. 131st' Street, Carmel, IN 46033
2)
Project Name: Carmel Clay Schools- Marching Band Observation Tower Phone: (317) 815-3936
Engineer/Architect: Paul I. Cripe, Inc. Phone: (317) 842-6777
Attorney: Phone:
3)
Applicant's Status: (Check the appropriate response)
v' (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'
Deed Book No./Instrument No. 9019955
Page: N/A Purchase date: 8/13/90
6)
Common address of the property involved: 2336 E. 131st Street
Legal description: See Attached
Tax Map Parcel No.: 16-10-19-00-00-009.000
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).
The proposed tower/storage building is 44'- 3 1/4" in height. Section 5.04.01 allows a maximum height of
thirty-five (35) feet.
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8)
State reasons supporting the-Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Section 26.01.04 allows for special exception approval of a tower with a height of not more than one
hundred twenty (120) feet.
9)
~o)
11)
12)
13)
14)
Present zoning of the property (give exact classification): R-l/Residence
Size of lot/parcel in question: 53.60 acres
Present use of the property: Carmel High School football stadium, parking lots, marching band tower, and storage shed.
Describe the proposed use of the property: Continuation of all existing uses with an improved facility for the Marching
Band practice and storage.
Is the property: Owner occupied Yes
Renter occupied N/A
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.
None known
15)
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder: N/A
16)
if proposed appeal is granted, when will the work commence?
Construction will commence approximately 11/8/2004
17)
If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed? ~
Carmel Clay School Corporation
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days pdor 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)
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AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
(Property Owner, Attorney'i or l~0wer of Attorney)
Date
STATE OF INDIANA
(Please Print) ~ ~.~.~~
SS:
County of .......
J_l'_Ll~_~_c~_l_._~____r~ ............................. Before me the undersigned, a Notary Public
(County in which notarization takes place)
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
I ,~..-.~-.-k day of .......
(SEAL)
Notary Public--Please Print
My commission expires:
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 27th ' day of
_S_eptember ,20 04 at 7:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel,
Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to:
(explain your request--see question numbered seven (7))
Allow for the construction of a Marching Band Storage Building/Tower that is 44' - 3 1/4" in height on
property being known as
2336 E. 131st Street
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an
opportunity to be heai'd at the above-mentioned time and place.
Carmel Clay School Corporation
PETITIONERS
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
I (WE) Aaron M. Reynolds DO HEREBY CERTIFY THAT NOTICE OF
(petitioner's Name)
PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number
............................ was registered and mailed at least twenty-five (25) days prior to the date of the public
hearing to the below listed adjacent property owners:
OWNER
ADDRESS
(SEE ATTACHED)
STATE OF INDIANA
SS:
The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is
informed and believes.
Signature of Petitioner
County of
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
(Notary Public's county of residence)
County, State of Indiana, personally appeared
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
day of ......... 200
(SEAL)
Notary Public--Signature
Notary Public--Please Print\
My commission expires:
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
,
.
DATED THIS DAY OF , 20
Board Member
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Carmel Clay School Corporation
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:
Approval will only allow a facility to replace and better serve the existing use of the property as a storage
and practice area for the marching band.
.
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 variance does not alter the existing use of the property, but merely allows for an improved facility for
the existing use.
.
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 height limit of the Zoning Ordinance would not allow for adequate height of the observation tower for its
intended use in marching band functions.
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 his representative to sign).
Z:\shared\forms\BZA applications\devstandapp Revised 01/05/2004
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Carmel Clay Schools- Con~tinuing Excellence in
Educaffon
August 12, 2004
CitY of Carmel
Depa~ment of Commu~nit'y Se~ices
Carmel, IN 46032
To Whom It May Concern:
Paul !, Cdpe, inc. is authorized to file zoning variances o.n behalf of Carmel Clay
SchOols.
Sincerely,
Rollin E. Farrand, Jr.
Director ~of Facilities and Transpodation
, , ~.h~SEast .t3t~ S~t'eet, Ca'rme,!i ~ 46033
.FacilZ'tie's & 'Trar'zsportation Department - 5 ~ .
~ ,. ,~ ~ ' . ,~.
,.~ .1/ / ~ 44-82.07 ..b. "'ax ~ I 7/57.1-9659
LEGAL DESCRIPTION
Part of the South Half of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, more
particularly described as follows:
Beginning at the Southeast corner of the Southwest Quarter of Section 19, Township 18 North, Range 4
East in Hamilton County, Indiana: thence South 90 degrees 00 minutes 00 seconds West (assumed
bearing) on the South line of said Southwest Quarter 1153.50 feet to the Southwest corner of the Real
Estate described in instrument #891568 in the Office of the Recorder of Hamilton County, Indiana; thence
North 01 degree 18 minutes 51 seconds West on the West line of the Real Estate described in said
Instrument ¢f.891568 a distance of 1353.00 feet to the South line of the Real Estate described in
Instrument #873366 in said Office; thence South 90 degrees 00 minutes 00 seconds West on the South
line of the Real Estate described in said Instrument ¢t-873366 a distance of 414.67 feet; thence North 66
degrees 24 minutes 54 seconds East on a North line of the Real Estate described in said Instrument
¢f-873366 a distance of 1046.66 feet to the Southeasterly line of the right-of-way for State Road 431 as per
ISHC Plans for Project No. S-165(14) dated 1960; thence South 43 degrees 32 minutes 03 seconds East
(this and the next eight (8) courses are on the right-of-way for State Road 431 as per ISHC Plans for
Project No. S-165(14) dated 1960) a distance of 719.79 feet; thence South 42 degrees 06 minutes 08
seconds East 200.06 feet; thence South 44 degrees 42 minutes 13 seconds East 391.98 feet to the point
of curvature of a non-tangent curve whose radius point bears South 46 degrees 27 minutes 57 seconds
West 3732.72 feet from the point of curvature; thence Southeasterly on said curve an arc distance 887.42
feet to the point of tangency of said curve; thence South 35 degrees 59 minutes 49 seconds West 72.97
feet; thence South 88 degrees 04 minutes 33 seconds West 131.06 feet to the point of curvature of a
non-tangent curve whose radius point bears North 04 degrees 06 minutes 38 seconds West 1864.86 feet;
thence Westerly on said curve an arc distance of 67.41 feet; thence South 74 degrees 33 minutes 51
seconds West 102.05 feet; thence South 00 degrees 02 minutes 02 seconds West 19.00 feet to the
South line of the Southeast Quarter of said Section 19; thence North 89 degrees 57 minutes 58 seconds
West on the South line of said Southeast Quarter 455.50 feet to the point of beginning, containing 53.60
acres, more or less.
O:\1994\94501 \ 10010\d ocs\Leg al.doc
R-1
R-I
Exempt Boord of Educotion
TITLE,
CARMEL/CLAY SCHOOLS
MARCHING OBSERVATION TOWER
Date:
SCALE:
1 "-600'
)4-
PROJECT NO:
94501-10010
Architects & Engineers
e ARCHt%CTURE
7172 GRAHAM ROAD e CIVIL ENGINEERS
INDIANAPOLIS, INDIANA 46250 e LANDSCAPE ARCHITEC'PJRE
LAND
PLANNING
(517) 842-6777 FAX (5i7) 841-4798
e LAND SURVEYORS
E-Mail
cripe@cr/pe,biz e TRANSPoRTATiON ENGINEERS
e GtS