HomeMy WebLinkAboutPacketCITY OF CARMEL BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each additional section of the
ordinance being varied. All Other $1,177 for the first variance, plus $556 for each additional section of the
ordinance being varied. Or, see Hearing Officer Option Fees.
12030006 V
DOCKET NO. 12030007 V DATE RECEIVED:
1) Applicant: Our Lady of Mt.. Carmel Catholic Church
Address: 14598 Oak Ridge Road, Carmel, IN 46032
317- 846 -3477
2) Project Name: Matthew 25 Center, directional signsphone:317 -846 -3475
Engineer /Architect: /Designer: Signs by Design
Attorney: Paul Reis, Krieg DeVault LLP Phone: 317- 238 -6293
Paul Reis or 317 -238 -6293
Contact Person: Kevin Buchheit Phone: 317 -808 -5820
Ema:preis@kdlegal.com or kbuchheit@kdlegal.com
Phone: 317-876-7900
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property (b) The applicant is the contract
purchaser of the property. (c) Other: The applicant is a subsidiary of the owner.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Roman Catholic Diocese of Lafayette
Owner's address: PO Box 260, Lafayette, IN 47902 phone:765 742 -4852
5) Record of Ownership:
Deed Book No. /Instrument No.
Page: Purchase date:
6) Common address of the property involved: 14598 Oak Ridge Road, Carmel IN 46032
Legal description: Pt NE Qtr, Sec 23, T18N, R3 E Clay Twp, Hamilton Co
TaxMap Parcel No.: 17-09-23-00-00-005.000
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).
Variances to directional sign maximum area and maximum height,development standards
found in the definition of "Sign, Traffic Directional Carmel Zoning Ord. Ch.3,
Sec. 3.07 Definitions Ch. 25, Sec. 25.07.01 -03 e Exempted Signs, Private Traffic Directional.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance"). To safely direct vehicular
traffic to the appropriate building on the 14.5+ -acre campus with minimal
internal circulation.
9) Present zoning classification of the property: S -2 /Residence District
10) Size of lot /parcel in question: 14.5 acres
11) Present use of the property: Our Lady of Mt. Carmel church /school /Matthew 25 et al
12) Describe the proposed use of the property:
The use of the property will not change.
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, instrument no., decision rendered and pertinent explanation. N/A
15) Has work for which this application is being filed already started? If answer is yes, give details: N/A
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence? Signs will be erected upon
receipt from the manufacturer.
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been fled?
Our Lady of Mt. Carmel' Catholic Church and the Diocese of Lafayette
NOTE: LEGAL NOTICE shall be published in the 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.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Our Lady of Mt Carmel Catholic Church
Applicant Signature: By Date: 9 3// (P 0 2
u G. ttorney
The applicant certifies by si this ap.lica -n 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.
LEGAL DESCRIPTION
Part of the Southeast quarter of Section 14, Township 18 North, Range 3 East,
Washington Township and a part of the Northeast quarter of Section 23, Township 18
North, Range 3 East, Clay Township, being in Hamilton County, Indiana and being more
particularly described as follows:
Beginning at a Harrison Marker located at the Southeast corner of said Section 14, also
being the common Northeast corner of said Section 23; thence along the common line
between said Sections 14 and 23, South 89 degrees 13 minutes 21 seconds West, for a
distance of 60.00 feet to the west right of way line of Oak Ridge Road and the point of
beginning; thence along said west right of way line, South 00 degrees 07 minutes 57
seconds West, for a distance of 269.10 feet; thence continuing along said west line,
South 89 degrees 52 minutes 03 seconds East, for a distance of 10.00 feet; thence
continuing along said west line, South 00 degrees 07 minutes 57 seconds West, for a
distance of 330.82 feet also being the north line of a subdivision named Village of Mount
Carmel, First Section as recorded in Plat Book 2, Page 86 in the Office of the Recorder
of Hamilton County, Indiana; thence South 89 degrees 13 minutes 21 seconds West, for
a distance of 922.12 feet, also being the east line of said subdivision; thence North 00
degrees 08 minutes 40 seconds East, for a distance of 600.08 feet to the north line of
the Northeast Quarter of Section 23 also being the south right of way line of 146th
Street; thence along the North line of said Quarter and south right of way line, North 89
degrees 13 minutes 21 seconds East, for a distance of 77.01 feet; thence continuing
along said south right of way line for the following 8 courses; 1) North 69 degrees 14
minutes 57 seconds East, for a distance of 249.41 feet; 2) North 24 degrees 13 minutes
21 seconds East, for a distance of 28.29 feet; 3) North 69 degrees 13 minutes 21
seconds East, for a distance of 7.87 feet; 4) along a curve to the right having a radius of
936.45, an arc length of 161.86 feet, and being subtended by a chord bearing North 74
degrees 10 minutes 27 seconds East, for a distance of 161.66 feet; 5) South 10
degrees 52 minutes 27 seconds East, for a distance of 10.00 feet; 6) along a curve to
the right having a radius of 926.45 feet, an arc length of 163.26 feet, and being
subtended by a chord bearing North 88 degrees 10 minutes 27 seconds East, for a
distance of 163.05 feet; 7) North 89 degrees 13 minutes 21 seconds East, for a distance
of 213.52 feet; 8) South 45 degrees 19 minutes 02 seconds East, for a distance of
69.91 feet to the west right of way line of Oak Ridge Road; thence along said west right
of way line of Oak Ridge Road, South 00 degrees 03 minutes 44 seconds West, a
distance of 110.18 feet to the point of beginning. Containing 14.924 acres, more or less.
Also including Lot 19 in Village of Mount Carmel, First Section as recorded in Plat Book
2, Page 86 in the Office of the Recorder of Hamilton County, Indiana, a part of Section
23, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana.
Containing 0.747 acres, more or less.
Containing in all, 15.671 total acres, more or less.
KD_2850547_1.DOC
Docket No.:
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
12030006 V 12030007 V
Petitioner: Our Lady of Mt Carmel
1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the effect of the approval will be to enhance the health, safety and
general welfare of those visiting the OLMC campus. The sign size is
proportional to the number of destinations on the 15+ acre site. It is
necessary to have lettering large enough to be quickly read in order to
direct visitors to the appropriate building location on the site with
minimal interior vehicular circulation.
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 signs are internally located on the site and not directed toward
adjacent uses. Residences to the south are shielded from the signs by
campus buildings. Residences to the north are shielded from the signs
by distance (approximately 170 feet of right -of -way, 146th Street) and
privacy fencing and significant evergreen growth on HOA property
located between the right -of -way and the residential parcels north of
146th Street.
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:
if required to meet the regulatory size for exempt directional signs, the
effect will be to reduce the effectiveness of the signage while increasing
the number of signs substantially. Fewer signs of the requested size will be
safer, will more efficiently direct on -site traffic and will be more
aesthetically pleasing than a greater number of signs of the permitted,
exempt size.
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
DECISION
Conditions of the Board are listed on back. Petitioner or representative to sign.
Page 10 filename: development standards variance 2012.doc rev. 12/28/2011
Docket No.:
Petitioner:
1
2.
3.
DATED THIS
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
12030006 V 12030007 V
Carmel, Indiana
Our Lady of Mt. Carmel Church
DAY OF ,20
Board Member
Page 9 filename: development standards variance 2012.doc rev. 12/28/2011