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HomeMy WebLinkAboutApplicationConn, Angelina V From: Conn, Angelina V Sent: Tuesday, December 13, 2011 12:31 PM To Boone, Rachel M., Blanchard, Jim E', Donahue -Wold, Alexia K, Hancock, Ramona B, Hollibaugh, Mike P; Keeling,.Adrienne M; Littlejohn, DavidW, Martin, Candy; Mindham, Daren; Stewart, Lisa M, Tingley, Connie S; Mishler, Nicholas F; Duncan, Gary R; Maki, Sue; 'GARY DOXTATER', Thomas, John G; Barnes, David R; Redden, Nick Cc: 'Kilmer, Roger A.', 'joseph.scimia @bakerd com' Subject Docket No. Assignments: (V, SU Amend) Rinehart Stable ( #11120008 SU Amend, 11120009 V) I have issued the necessary Docket Numbers for (V, SU) Rinehart Stable. They are the following: (V, SU Amend) Rinehart Stable. The applicant seeks the following special use amendment approval & development standards variance. approval: Docket No. 11120008 SU ZO Chptr. 21.05 & 5.02 Special Use Expansion, Riding Stable. Docket No. 11120006 V ZO Chptr. 27.03 Curbed /paved parking area. The site is located at 14350 Ditch Rd. It is zoned S -1 /Residence. Filed by Joseph.Scimia of Baker & Daniels LLP, for Rinehart Farm, Inc. Joe can be contacted at 317 -569 -9600, and Roger Kilmer with Baker & Daniels can also be contacted at that number. Filing Fees: SU Amend: $ 912.00 Variance: $291.90 Total Fee: $ 1,203.90 Filing Dates & Deadlines. Petitioner, please note the following: 1. This Iteria will be on the JAN. 18, 2012 agenda of the Technical Advisory Committee. If not done so already; the petitioner must submit plans and review materials to all TAC members ASAP via email and /or mail. The; pdated TAC members list is online at:'http: / /ww.w.car:mel.in.gov/ Modules /ShowDocument.aspx ?documentlD =708 . (The TAC meeting agenda will be sent out 10 days prior to this meeting.) 2. Mailed and Published Public Notice needs to occur no later than DEC. 29. Published notice is required within the Indianapolis Star. Note:in addition to certified mailings to neighbors and public notice ad, the placement of a public hearing sign °on.the property is also required by the BZA Rules :of Procedure, Article VI, Section 6 (see application). Make sure the public notice meeting time to the newspaper and neighbors reads 6 PM and the location reads City Hall 'Council Chambers. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days priorto the printing deadline (317 -444 -7163 or email. publicnotices @indystar.com): 3. The Proof of Public Notice (newspaper affidavit,,green cards, etc.) will need to be received by this Department no later than noon,, Friday; JAN. 20, 2012. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing, Fee 'and Nine (9)informational Patkett must be delivered to BZA.Secretary Connie Tingley no later than NOON. Friday; JAN.13, 2012. Failure to submit Informational Packets by this time will result in the automatic tabling of the'petition. 5. This Item will appear, on the TUESDAY, JAN. 24, 2012 agenda of the Board of Zoning Appeals Regular Meeting under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each, petition the night of the meeting for the. Board's use (Sheet 8)., On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 1 7. Either the Petitioner or someone representing the Petitioner must be present at the meetings for the item to be heard. If no one appears, it will be tabled. 8. Please refer to your instruction sheet for more details. Planning Department's Preliminary Review Comments; petitioner please respond to the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: publicnotices @indystar..com). 2. Please make checks payable to the City of Carmel. 3. Please provide copies of your correspondence with the TAC members and their correspondence with you. 4. Provide a copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office & from Indianapolis /Marion County. 5. Please provide filled out and notarized Placement of Public Notice Sign affidavit. 6. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. 7. Provide the filled out Notice of the Public Hearing before the BZA form. 8. Please provide proof of notice from the Indy Star. 9. Please provide green signed return receipts from the certified mailings. Thank you, Angie Conn, Planning Administrator City of Carmel Planning & Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317 - 571 -2417 I F: 317 - 571 -2426 1 E: aconn@ carmel.in.gov W: www.carmeldocs.com Please consider the environment before printing this e-mail 2 1;:.. CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION EOR-SP., - USE /SPECIAL-USE AMENDMENT Fee: 942:00 i lus $121.20 per acre DOCKET'NO. „1Z Mr Q O c ✓1 DATE RECEIVED: 1) Applicant: Rinehart Farm; Inc. Address: 14350 Ditch Road„ Carmel, IN 46074 Project Name " Rinehart Stable,Expansion Phone & Fax • 317 - 294 -8005 Engineer /Architect: Phone Attorney. Joseph Scimia,. Baker& Daniels, LLP Contact Person: Roger Kilmer„-Baker & Daniels, LLP phone. 317 - 569 -4891 Phone 317 - 569 -9600 Email- roger.kilmer @bakerd.com Fax: 317 - 237 -8591 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: Deed book No. /Instrument No 9551613 Page . Purchase pate. 9/13/95 6.) Common..address of'the.property'involved• 14350 Ditch Road, Carmel, IN 46074 Legal :description: See attached Legal Description Tax Map Parcel No:: 17- 09- 21 -00 -00 -005 101 7) State ezplenation,rof requested Special Use. See the r attached Detailed Description of Request. 8), State reasons suppo rting.the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact - Special Use " -) See-the.attached Detailed Description of Request and the Findings of Fact- Special Use. .Page 1— filename: special use application 2011.doc rev. 12/28/20.10 9) Present zoning of °the,property'(giVe exact classification): 'S =1 .Residential 1'0.) Present use of the,property: Riding stable and associated uses 11) Size of lot /parcel in question: '9.94 4- acres f2) bescribethe, proposed use.of the property: Previously. approved Special Use, of Riding Stable is to remain with the facilities being. expanded. 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, seethe attached detailed description of request. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder. 16) If proposed special use is. granted, when will the work Commence? Spring /Summer of 2Q12 17) If the proposed special use is granted, who will operate and /or use the proposed improvement for which this applicationhas been filed? The operator will remain Rinehart iFarm, Inc. and the facility will be used by its patrons. 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 news.papermust 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* receipt signed by the adjoining and abutting property owner acknowledging the twenty= five:(25) day notice should bey kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant,unders - :s;t a .pocket numbers will -not be assigned until all supporting information_has been submitted to the Deoartrnent o Comniunit .'Se vices Applicant Signatur The applicant certifies 'by sig Community-Services are ad the legal advice.of 'his/her a plica nd t Date /2.- ' " log has been advised that all representations'of the. Department of should rely on appropriate subdivision and zoning ordinance and /or Page 2 — filename' special use application 2011 doc rev. 12/28 /2010' Detailed Description of Request Riirehart.Farm, Inc. . Special Use Approval Applicant,, Rinehart Farm, Inc., requests approval ofa Special Use of the S -1 Residential Zoning District „of the Carmel Zoning Ordinance 'for the expansion of a previously approved Special Use located at 14350 Ditch Road, Carmel, Indiana. History and Details: The Applicant was granted a Special Use by the Carmel Board of Zoning Appeals in 1995 (Case #SU- 64.=95) to operate a riding stable on the; subject property. This use was established at that time and has remained in continuous operation. The Applicant desires to expand their main bulding with an addition measuring 140' long by 36' wide, totaling 5,040 square feet. The primary use of this addition wilt be for horse stalls. The main building currently consists of stalls; an indoor riding arena, and related uses. The Carmel Zoning Ordinance-permits the expansion'ofapproved Special Uses by "up to 10% of the approved gross floor area without obtaining further Special Use approval...” The proposed building addition exceeds this amount as it would be an increase of approximately 21% of all buildings on the property. Therefore, the Special Use to permit this addition must be granted by the Board of Zoning Appeals. Included in'the,motion to approve the Special Use at the 1995 :hearing was a limitation of "...no more than 20 horses will be housed on the - premises." The Applicant did not understand that the pnor approval included this, limitation and stabled up to 45 horses on the subject property. To accommodate this number, some horses are :regularly-placed in stalls located within outbuildings on the subject property and then walked or ridden.across the grounds to the main building for riding exercises. The proposed expansion to the main building will allow all horses to be housed within one building and conversion:of the outbuildings:to, provide needed storage areas. Therefore, Applicant requests that the Special Use approval .increase this limitation to no more than 45 horses. Details of Requests: 1. Required: Section '21fi'05 — ,Expansion of Approved Special uses or Special Exceptions Request: Applicant requests approval of the expansion of the previously approved Special Use of a Riding Stable to perm`it.the new construction of a stable area to be attached to the existing main building as depicted on the filed'site plan aerial photo. 2. Required: Motion of BZA — Limitation of no more than 20 horses to be housed on the subject property Request:. - Applicant :requests'the.lirnitation be increased to no more than 45 horses. B DDB01 9034524v 1' • LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION:21; TOWNSHIP 1.8 NORTH, RANGE 3 EAST IN CLAY TOWNSHIP,11AMILTONCOUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE. NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE:SOUTH00 DEGREES 59.'MINUTES 58:S'ECONDS WEST (ASSUMED BEARING) ALONG THE EAST LINE OF 'SAID -NORTHEAST QUARTER SECTION 480.04 FEET TO THE POINT. OF BEGINNING; THENCE CONTINUING SOUTH' 00' DEGREES 59 MINUTES 58 SECONDS' WEST, ALONG SAID EAST LINE 729.10 FEET; THENCE NORTH 89 DEGREES 00 :1 MINUTES 02 SECONDS WEST 195.21 FEET; THENCE SOUTH 0„DEGREES 04 MINUTES 37 SECONDS WEST 252.14 FEET`; THENCE SOUTH 89 DEGREES 00 MINUTES 02 SECONDS EAST 195.55 FEET TO A POINT ON THE EAST LINE; THENCE SOUTH 00 DEGREES 59 MINUTES 58 SECONDS WEST ALONG SAID EAST LINE 244.03 FEET; THENCE NORTH 89 DECREES ,T3 MINUTES 36 SECONDS WEST 434.75 FEET;; THENCE NORTH 00 DEGREES 44 MINUTES 07 SECONDS EAST 799.13 FEET, THENCE SOUTH 89 DEGREES 04 MINUTES 06 SECONDS EAST 35.21 FEET; THENCE NORTH 00 DEGREES 59 MINUTES 28 SECONDS EAST 427:69 FEET; THENCE SOUTH 89 DEGREES, 01 MINUTES `07 SECONDS EAST 403.28 FEET TO THE PLACE OF BEGINNING, CONTAINING 10.830 ACRES, MORE OR LESS. EXCEPTING THE AREA DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 1'8, RANGE 3 EAST, THENCE SOUTH 00 DEGREES 18 MINUTES 33 SECONDS WE- ST,.ALONG-THE EAST LINE OF SAID QUARTER'SECTION A DISTANCE..OF 1461.28 FEET TO THE PLACE OF- BEGINNING, THENCE CONTINUING SOUTH 00 DEGREES 18 MINUTES 33 SECONDS WEST ALONG „SAID EAST LINE A DISTANCE OF 244.03 FEET, THENCE NORTH 89 DEGREES 55 MINUTES 01 SECONDS WEST A DISTANCE OF 40.00 FEET, THENCE NORTH 00 DEGREES 18 MINUTES 33 SECONDS EAST PARALLEL TO SAID EAST LINE A DISTANCE OF 244 J9 FEET „THENCE SOUTH 89 DEGREES 41 MINUTES 27 SECONDS EAST A DISTANCE "OF 40.0.0 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.22 ACRES (9,764.36 SQUARE FEET), MORE OR LESS. ALSO EXCEPTING THE AREA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 18, RANGE 3 EAST, THENCE SOUTH 00 DEGREES 18 MINUTES 33 SECONDS WEST, ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 480.04 FEET TO THE PLACE OF BEGINNING, ';THENCE CONTINUING SOUTH' 00 DEGREES' 18 MINUTES 33 SECONDS WEST ALONG SAID EAST LINE: A DISTANCE OF 729.09 FEET, THENCE . NORTH .89 DEGREES 41 MINUTES 27 SECONDS WEST A DISTANCE OF 40.00 FEET, THENCE'•NORTH 00 DEGREES 18 MINUTES 33 SECONDS EAST PARALLEL TO SAID EAST LINE A DISTANCE OF 729.08 FEET, THENCE SOUTH 89 DEGREES .42 MINUTES 32 SECONDS EAST -A DISTANCE, OF 40.00 FEET TO THE PLACE OF- BEGINNING: CONTAINING 0.67 ACRES (29,163.54 SQUARE FEET), MORE OR LESS. BDDBOI 9034260v1 bock-et No.. .CARMEL /CLAY,BOARD.OF ZONING APPEALS FINDINGS OF FACT - SPECIAL USE Petitioner:, Rinehart' Farrri,,Inc. 1' The premises irquestioryis particularly physically suitable for the proposed Special Use because' The propertyis curreritly'operating as-a riding stable facility with a greatamountof.ground, available for the proposed addition. The existing operation accommodates up to 45 horses, but this requires stalls in multiple buildings. The.expansion will allow all horses to be in a single building, thereby.reducing the amount,of "horse.traffc" as some horses curr'ently`,move.frorn outbuildings to the primary building and riding arena. 2. The Special Use will not injuriously-Or adversely affect economic factors, such as cost /benefit to the community and its:anticipated effect on surrounding, property values because: The proposed addition to the existing Special Use will allow it to+operate with less of an impact on the adjoining properties. 3 The Special Use will be consistent with social /neighborhood'factol^s„ such as compatibility with existing uses and those permitted under current zoning.,in the vicinity, of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because' The expansion of"the existing, Special_ Use. will allow itto continue :providing a requested service to equine owners and riders in Carmel,, Clay Township, and Washington Township 4. The Special Use will not. injuriou"sly'or radversely affect the adequacy. and 'availability of water, sewage and.storm drainage fecilitiesand police; and fire protection because: 'The proposed expansion will have minimal impact on public facilities [as the area will be used as horse stalls. 5 The Special Use will not adverselyaffect.vehicular and pedestrian traffic in and around the premises upon which'the Special Use is proposed because The expansion of the Special_ Use is onto the rear of -the subject property and does not affect vehicular or pedestrian traffic. DECISION Yes No The Board has "reviewed_ the requirements of Ordinance Z -160, Section 21.03 (1 -26) as they relate to this Special Use and does not find that those criteria prevent the granting.of the Special Use IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Special Use Docket Number 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' 12 . 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). Page 10 — filename: special use application 2011.doc rev. 12/28/2010 AFFIDAVIT 1„ hereby hereby swear that I am the owner /cohtract purchaser of property involved in this application and that the foregoing signatures, ,statements and answers herein contained and the information herewith submittedare in all respects true and correct t'o°the,best of my knowledge,`and belief. I, the undersigned, authorize the applicant to act s e y behalf with regard to this 'application .and subsequent hearings and testimony STATE OF INDIANA SS`. Signed' ('roperty Ow_ ner, Property Owner's Attorney (Date) or Property Owner's Power of Attorney) Printed Name: Richard Rinehart - Rinehart Farm, Inc. (Please Print) County of t'1 Ab•AILTb Before me the undersigned, a Notary Public (County in which notarization takes place) for •LAICro (Notary Public's county of residence): '(Property Owner, Attorney, or Power of Attorney) this day of (SEAL) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument ,20 Il y Public -- Signature. . 6L..m.C� Notary Public -- Please Print '5/11 /I9 My commission expires: Page 6— filename' special use applicationm2011 doc rev. 1228%2010( •,` 111111/00 CONSENT FORM The undersigned, Richard Rinehart, being the owner of' the property commonly known as 14350 Ditch Road, Carmel, IN, hereby authorizes Baker & Daniels to file land development petitions necessary for the aforementioned address. This consent shall: remain in effect until revoked by a written statement filed with the Department of Community Services of the City of Carmel, Indiana. remain in effect until Rinehart Farm, Inc. By: Printed: Richard.Rinehart Title: Date: ac 0400t,"'4- 3 1 1 \_ STATE OF INDIANA, COUNTY OF HAMILTON, SS: Subscribed and Sworn to before me this -36112- day of (.._/ G -M, — , 20. C l . Nota ? Iic Printed Signature My Commission expires: - County of Residence: .4.1 ,MlL"( J BDDBOI 902548.4v1 • SEAL • * ®_ �� * ''///,NDI ANPO , 20 11 in��N�� CITY OF CARMEL _ BOARD OF ZONING APPEALS+ t, APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE of r , V EO FEES Single Family (Primary Residence) $291.90 for the filth/briar-ice, plus ,$89.90 for -each addition �s `ation of. the ,ordinance being varied All Other $1,156.50 for the first variance, `plus $546.40 forteach a_ dditional section of the''ordinance being varied Or, see Hearing Officer Fees. DOCKET NO. DATE RECEIVED: 1) Applicant: Rinehart Farm, 'Inc. Address: ..14350 Ditch Road,, Carmel, IN 46074 2) Project Name, Rinehart Stable Expansion phone: 317- 294 -8005 Engineer /Architect: Phone: Attorney: Joseph Scimia, Baker & Dariiels, LLP phone: _31.7 -569 -9600 Contact Person: Roger Kilmer Email: roger.kilmer ©bakerd.com„ Phone. 317 - 569 -4891 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. Deed Book No. /Instrument'No 9551613 Page. Purchase date. 9/13/95 6) Common address of the property involved. 14350 Ditch Road, Carmel, IN 46074 Legal description: 'See;attached Legal-Description Tax.'Map Parcel NO.: 17- 09- 21- 00- 00= 00511'01 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) See the.attached Detailed Description of Request. J State reasons supporting the Development Standards Variance: (Additionally, complete the attached. question • • sheet entitled "Findings of t=act- Development Standards Variance ") Seethe attached Detailed Description of Request and the Findings of Fact - Dev. Standards Variance. 9) Present zoning classification-Of the property: S -1 "Residential 10) Size of .lot /parcel in question: 9.94'+1- acres 11) Present use of the property: Riding stable and associated uses.. 12) Describe the proposed use of "the property: Previously approved Special Use of Riding Stable is to remain with the facilities being expanded. 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. Yes, see the attached Detailed Description of Request. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number. Builder* 16) If proposed appeal is granted, whenwill the work commence? Spring /Summer of 2012 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The operator will remain Rinehart Farm, Inc.,_and the facility will be used by its patrons. NOTE. LEGAL NOTICE shall be published in .the Indianapolis.Star a MANDATORY twenty-five-(25) days prior to the public hearing, date The certified "Rrootof Publication" affidavit forthe 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'serit 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 andabutting :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 • . •t of Community S ices. Applicant' Signs Date. 12 • r9 • 26 1.1 The applicant;,bertifies CommunityServices area the legal advice ofhis/he g his visory onl attorney cation at he he has been advised that all representations-of the Department of that t e appl` ant should rely on appropriatesubdivision and:zoning ordinance and /or Detailed Description of:Request, Rinehart Farm,.Inc. Variances of Development Standards Applicant, Rinehart Farm,. Inc., requests approval of Variance of Development Standards of the ;S -1 Residential Zoning District theCarmel Zoning Ordinance related to the expansion of a previously approved 'Special Used'ocated at 14350 Ditch Road, 'Carmel, Indiana. History and Details: In'19.95, the-Board of Zoning Appeals granted approval of.the'Special Use to operate a riding stable on the subject property. Concurrently with that approval, a, Variance of Development .Standards (Case #V- 65 -95) was granted to delay, for a two ,year period, the construction of a parking lot with paving and curbing.- This paving and curbing'has not been done and the Applicant is requesting a Variance of this requirement as the paving and curbing would result in dangerous surfaces, fdithe,horses: 'The existing parking area is,graveled. Concurrently with this variance request, Applicant is proposing an addition to their -main building of sufficient size to require a new approval of the Special Use No improvements or expansion of the existing. parking area is required for the addition to the main building. This parking area is regularly used for the loading, and unloading,'of,horses from transport- vehicles. The gravel surface, as currently exists, provides a surface with the traction required of horses. To horses, .a paved area is a slick surface and could create a dangerous situation to the animal nd humans in the immediate area. Required: Section 27.03.01 & 27.03':02 - Parking Facilities — Required Paving and Curbing Request: Applicant requests. approval to not be required to pave or curb the parking area of the subject property. BDDB01 9035466v.1 • LEGAL DESCRIPTION A -PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 3 EAST IN CLAY TOWNSHIP, 'HAMILTON COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREES 59 MINUTES 58 SECONDS WEST (ASSUMED BEARING) ALONG THE EAST LINE OF SAID NORTHEAST QUARTER SECTION 480.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 59 MINUTES 58 SECONDS WEST ALONG SAID EAST LINE 729.10 FEET; THENCE NORTH 89 DEGREES 00 MINUTES 02 SECONDS WEST 195.21 FEET; THENCE SOUTH 0'1 DEGREES 04 MINUTES 37 SECONDS WEST 252.14 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 02 SECONDS EAST 195.55 FEET TO A POINT ON THE EAST LINE; THENCE SOUTH 00 DEGREES 59 MINUTES 58 SECONDS WEST ALONG SAID EAST LINE 244.03 FEET; THENCE NORTH 89 DECREES 13' 3:6 SECONDS WEST 434.75 FEET; THENCE NORTH 00 DEGREES 44 MINUTES 07 ,SECONDS EAST 799:13 FEET; THENCE SOUTH,89 DEGREES 04 MINUTES 06 SECONDS EAST 35.21 FEET; 'THENCE NORTH 00 DEGREES 59 MINUTES 28 SECONDS EAST 427.69 FEET; THENCE SOUTH 89,DEGREES 01 MINUTES 07 SECONDS EAST 403.28 FEET TO THE PLACE OF BEGINNING, CONTAINING 10.830. ACRES, MORE OR LESS. EXCEPTING THE AREA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 18, RANGE 3 EAST, THENCE SOUTH 00,DEGREES 18 MINUTES 33 SECONDS WEST, ALONG 'THE EAST LINE OF SAID QUARTER. SECTION A DISTANCE OF 1461.28 FEET TO THE PLACE OF BEGINNING, THENCE CONTINUING SOUTH 00 DEGREES 18 MINUTES 33 SECONDS. WEST ALONG SAID EAST LINE A DISTANCE OF 244.03 FEET, THENCE NORTH 89 DEGREES 55 MINUTES 01 SECONDS WEST A DISTANCE OF 40.00 FEET, THENCE NORTH 00 DEGREES 18 MINUTES 33 SECONDS EAST PARALLEL TO SAID EAST LINE A DISTANCE OF 244.19 FEET, THENCE SOUTH 89 DEGREES 41 MINUTES 27 SECONDS EAST A DISTANCE OF 40.00 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.22 ACRES (9,764:36 SQUARE FEET), MORE OR LESS. ALSO EXCEPTING THE AREA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 'QUARTER OF SECTION 21, TOWNSHIP 1.8, RANGE 3. EAST, THENCE SOUTH 00 DEGREES 18 MINUTES 33 SECONDS WEST, ALONG THE EAST LINE OF. SAID QUARTER SECTION A DISTANCE OF 480.04 FEET TO THE PLACE OF BEGINNING, THENCE CONTINUING SOUTH 00 DEGREES 18' MINUTES 33 'SECONDS WEST ALONG SAID EAST LINE A DISTANCE OF 729.09 FEET, THENCE NORTH. 89 DEGREES 41 MINUTES 27 SECONDS WEST A DISTANCE OF 40.00 FEET, THENCE NORTH 00 DEGREES 18 MINUTES 33 SECONDS EAST PARALLEL TO SAID EAST LINE A DISTANCE OF 729.08 FEET, THENCE SOUTH 89 DEGREES 42 MINUTES 32 SECONDS EAST A_DIS.TANCE OF 40.00 FEET TO THE PLACE OF BEGINNING. CONTAINING 0.67 ACRES, (29,163.54 SQUARE FEET), MORE OR LESS. BDDB01, 9034260v1 Docket No Petitioner: • • CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Rinehart Farm,,• Inc. - Parking Lot Paving &Curbing 1, The approval.of this variance will not be injurious to the public health, safety, morals and general welfare of the community because. The existing parking area is,not affected by the proposed expansion and the requirement to pave the area would be dangerous to the public as horses can easily,slip on paved areas. A graveled parking area, as it currently exists, provided `a significantly safer surface for the horses. 2 The use and value of the`area adjacentto the property included in the variance will not be affected in asubstantially adverse manner'because: The existing parking area•will' remain unchanged from its. current state which has not substantially adversely affected adjacent properties. 3 The strict application of the :terns of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because The requirement to pave the parking, area, which also serves as the area to load and unload horses, would create a dangerous surfacelgr,the animals. 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, Carmel7Clay,Board of Zoning Appeals SECRETARY, Carmel /Clay Board of.Zoning Appeals Conditions of the Board are listed on back. Petitioner-or representative to sign. Page 1 Q �f 11 - filename: development standards variance 2011.doc rev. 12/28/2010 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 informationterewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned,.authorize°the applicant to act • a y behalf with regard to this application and subsequent hearings and testimony. STATE OF INDIANA County of t'1 AU t-Te5 for Signed* ('roperty Owner, Property Owner's Attorney (Date) or Property Owner's Power, of Attorney) Printed Name* Richard Rinehart - Rinehart Farm, Inc. (Please Print) SS: (County in which notarization takes place) (Notary Public's county of residence) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared �C4WL ke AR-T- and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of-Attorney) this 3tL. -12 day of i- c 14keeAk (SEAL) s • • s ry Public Signature °sue 46t(A_ .. rffftff11111111 A. IM.tt_ Notary Public -- Please Print ./11 /19 My commission expires: Page 6 — filename: special use application 2011.doc rev. 12/28/2010 CONSENT FORM The underSighed, Richard Rinehart, being the owner of the property commonly known as 14350 Ditch Road, Carmel,, IN, hereby authorizes Baker & Daniels tone land development petitions necessary for the aforementioned address. This consent shall: remain in effect until revoked by a written statement filed with the Department of Community Services of the City of Carmel, Indiana. remain in effect until • 'Rinehart Farni, Inc. By: Printed:. Richard Rinehart Title: Date: acat.Af:it, 3, 2X:).1\ _ ' STATE OF INDIANA, COUNTY OF HAMILTON, SS: Subscribed and Sworn to before me this day of Nota Printe1 Signature \ 1 \.z. 1 / • SEAL .1 1- 1 MyiComrnission eNpires:,. /. ,.20 118141'Hil:'"\\\\ Coutityof keSideride:, -11ikkoltt:lbs-) , 20 . BaDE301 9025484v 1 Conn, Angelina V From: Sent: To: Subject: Attachments: Angie, Kilmer, Roger A. [Roger. Kilmer @faegrebd.com] Tuesday, January 10, 2012 11:29 AM Conn, Angelina V Rinehart Farm - Special Use & Variance (Docket 11120008 SU & 09 V) Elevation Example.pdf; Axon of Addition 1 pdf Attached are two additional exhibits to be incorporated into the Rinehart Farm file. 1. Elevation Example: this photograph is provided to give an example of the building elevation being considered for the addition to the main barn. Please note that the color of the addition would match the existing barn. 2. Axon of Addition: the proposed addition to the main barn has been added to an aerial photograph of the existing farm to give an idea of the massing of the addition. Should you have any questions or need additional information, please let me know. Thank you. Roger A. Kilmer Land Use Consultant roger.kilmer @FaegreBD.com Direct: 1 317 569 4891 Cell: 1 317 985 6738 FaegreBD.com Download vCard FAEGRE BAKER DANIELS LLP 600 E. 96th Street Suite 600 Indianapolis, IN- 46240; USA 1