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HomeMy WebLinkAboutApplications rec'd 4-25-05 CITY OF CARMEL - CLAY TOWNSHIP r~a'C\ CJ-\ - c~ "~ems ~ ~" .~i' HAMILTON COUNTY. INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USElSPECIAL USE AMENDMENT'APPROVAL REQUEST ~ a. o~ :L- Fee $772.50, $103.00 per acre DOCKET NO. 05010046 SU DATE RECEIVED: 1) Applicant: Carmel Clay School Corporation Address: 5201 E. 131 st Street, Carmel, IN 46033 . .. (317)844-9961 2) Project Name: Carmel Clay Schools-Carmel Soccer Fields at River Rd Phone & Fax: (317) 571-4458 FAX Engineer/Architect: Paull. Cripe, Inc. Attorney: David R. Day - Church, Church, Hittle & Ant~um 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' Phone: (317) 842-6777' Phone: (317) 773-2190 (c) Other: 4) Ifltem 3) (c) is checked, please complete the following: Owner of the property involved: Carmel Clay School Corporation Owner's address: 5201 E. 131 st Street, Carmel, IN 46033' , \ Phone: (317) 844'::9961 5) Record of Ownership: Oeedbaok No./lnstrument No. Instrument No: '1999-9971393 Page: . Purchase Date: 6) Gammon address of the property involved:. Southwest corner of 131 st and River Road Legal description: (see attached) Tax Map Parcel No.: 17-10-27-00-00-006.000 7) State explanation of requested Special To provide soccerfields for Carmel Clay Schools and Community which is a use that is ancillary to. the existing Special Use of schools. Additionally this Special Use is requested to allow for (2) Storage BUildings on the__Site. 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use"). The Proposed ,Special Use is a necessary component of the existing approved Special Use of the Property "- for school use. Page 1 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 01/04/05 9) Present zoning of the property (give exact classificatiqn): 5-1 10) Present use of the property: Crop and agricultural production 011) Size of loUparcel in question: ,80.327 . acres 12) Describe the proposed us'e ofthe property: Proposed use will consist of the De\(elopment of Socc.er Fields, paved parking lots, and (2) storage buildings. 13) Is the property: Owner occupied Yes Renter occupfed Other 14) Ar'e 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 applicati9n? If yes, give dateahd docket' number"decision rendered and pertinent explanation. , Vari.ance from Curbing Requirement. . I 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 ~pecial use is granted, when will the work commence? Apr?roximateIY,4/18/2005 17) If the proposed special use is granted, who will operate and/or. use the proposed improvement for which this application has been filed? Carmel Clay School Corporation/Carmel Dad's Club NOTE: LEGAL NOTICE shall be published in the Indianacolis Star a MANDATORY twenty-five (25) days prior to the public hearing date:. The certified "Proof of Publication" affidavit for the newspaper must be availabl,efor inspection the night of the. hearing. ' LEGAL NOTICE to all adjoining arid abutting property owners is also MANDATORY, two methods. of notice are recommended: ' ,1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining prop~rty owners. (The white. receipt should be stamped by the Post Office at least twenty-five (25) days prior to the pl:lblic hearing date.) . 2) HAND DELIVERE"D to adjoining and abutting property owners (A receipt signeQ 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. Page 2 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 01/04/05 The applicant understands. that docket numbers will not be assianed until aU sUDPorti11a 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 ofGommunity Development are advisory only and that the 'applicant should r~ly on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney . \ i I, .' .' Auditor of Hamilton County, Indiana~, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Dqcket No. 05010046 SU OWNER , See attached list Auditor of Hamilton County, Indiana ADDRESS Page 3 of 8 - z:\shared\forms\BZA appli~tions\ Special Use Application rev. 01/04/05 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 subfT1itted are hi all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalfwith regard. ' to this application and subsequent hearings and testimony. Signed:'2 J:!J:- ~ (P'roperty Owner, Property Owner's Attorne or Property Owner's Power qf Attorney) , I<.DLL-I ~ .E. P-A~{2..A~J::> 1 JfL.. (Ple,ase Print) STATE'OF INDIANA 'SS: County of (County in which notarization takes place) Before me the undersigned, a Notary Public ,for (Not~ry Public's county of residence) County, State of Indiana, personally appeared (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution ,'of the foregoinginstrurrient, thi's day of ,20, Notary Public--Signature (SEAL) (SEAL) Notary Public--please Print My commission expires: Page 4 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 01/04/05 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLA Y BOARD OF ZONING APPEAL'S Docket No. 05010046 SUo and 05020006 V Notice is. hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the2Sth day of February, 2005 at 6:30 pm in the City Hall Council Chambers, 2nd floor of City, Han, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Special Use application and a Use , Variance application to allow for the' construction of soccer field facilities to serve the existing Special Use of the property and a Variance to eliminate the requirement for all parking lots be curbed. The property being located at the northwest corner of the 126th Street and River Road intersection' 'extending north to 131 st Street and approximately X mile wide, Carmel, IN. The application is identified as Docket No. 05010046 SU.and 05020006 V. The real estate affected by said application is described as follows: Per Instrument No. 1999-9971393: East half of the's9utheast.quarter of Section 27, Township ~8 North, Range 4 East, Clay Township, Hamilton 'County, India'na All interested per~ons desiring to present their views on the above application" either in writing or verbally,will b~ given an opportunity to be heard at the above-mentioned time and place. Carmel Clay School Corporatio':l ' PETITIONERS 0:\2004\0404 2 7\20000\docs\Permits\NoticeofPublicHearingRev. DOC PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLA Y BOARD OF ZONING APPEALS I (WE) George Zboyovsky, P.E.,Paull Cripe, Inc. DO HEREBY CERTIFY THAT A LEGAL (Petitioner's Name) . , , NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/C'LAY BOARD OF ZONING APPEALS CONSIDERING DOCKET NUMBER 05010046 SU , WAS GIVEN AT LEAST TWENTY -FIVE (25) DAYS PRlcOR TO THE DATE OF THE PUBLIC HEARING TO T~,E BELOW LISTED OF ADJOINING AND ABUTTING PROPERTY OWNERS: OWNER ADDRESS' See attached list STATE OF INDIANA' SS: The undersigned, swear that the above informa .eTtl] in all respec and belief. 4J the best of my knowledge County of (County ~n 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 foregeing instrument this day of ,20 Notarypu blic--Signatu re (SEAL) Notary Public--Please Prin,t My commission expires: Page 6 of 8' - z:\shared\forms\BZA applications\ Special Use Application rev. 01104/05 CARMELlCLA YBOARD OF ZONING APPEALS Carmel, Indiana Docket No. : 05010046 SU Petitioner: Carmel Clay School Corporation FINDINGS OF FACT - SPECIAL US'E (Banot Sheet) , 1. 2. 3. 4. 5. 6. DATED THI.S DAY OF , 20 _' Board Member Page 7 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 01/04/05 't. CARMEL/CLA YBOARD OF ZONING APPEALS . CARMEL, INDIANA ' Docket No.: 05010046.SU Petitioner: Carmel Cray School ~9rporation FINDINGS OF FACT - SPECIAL USE t. The premises in question is particularly physically suitable for the proposed Special Use because: , See Attachment. City Code. No area will be located within the Flood Way associated with the 1 OO~yea~ flood. 2. The Special Use win not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because:. . . See Attachment. 3. The Special Use will be consistent with social/neighborhood factors, such as compatibmty 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: See Attachment. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: : See Attachment. 5. ' The Special. Use will not adversely affect vehicular and pedestrian traffic in and 'around the premises upon which the Special Use is proposed because: See Attachment. 6. ' The Board has reviewed the requirements of Ordinance 2-160; Section 21.03 (1-26) as theyrelate to this Special Use, and does not find. that those criteria prevent the granting of the Special Use: DECISION IT 'IS THEREFORE the 3decision of the, Carmel/ClayBoard .of Zoning Appeals that Special Use Docket Number is 9 ranted, subject to any conditions stated inthe 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 Ap'peals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 01/04/05 ,(, , FINDINGS OF FACT.. SPECIAL USE (Attachment for Page 8) ! . I 1. The Special Use in Flood Plain District, ,Ordinance 2-160, Section 21".6 as amended (does) (dQes.not) apply and,all prerequisites have been met'by Petitioner as' verified by: All construction activities a~sociated with the soccer fields and supporting ~ facilities will be within the ,Flood Fringe 'and tfJerefore fall under the jurisdiction of the local government in accordance with Chapter 10, Section 22.01 of the Carmel City Code. No area will be located within the Flood Way associated with the 100- year flood. 2. The Special Use will beconsistent.with the Character and Permitted Land.. Use of the ;zoning district and Carmel/Clay Comprehensive Plan because: , The'proposed soccer fields and subsequent parking lots and storage buildings are being proposed by the Carmel-Clay School Corporation and will be utilized for their soccer programs. Therefore, they are consistent with the approved Special: Use for a School of General Elementary or Secondary Education for the property~ ,3. The Special Use is physically suitable for the land in question because: , ,The land in question is. within a flood way and is there by limited to traditional' development. The proposed soccer fields, parking lots, and storage buildings 'are suitable for this area since there will not be any occupied dwellings and will maintain a park like setting. In additiQn, the proposed project is consistent with the requirements of the Carmel City Code, Chapter 22:Flood Hazard District. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: 0 The current ~ondition of the property consists of a vacant non-maintained field previously used for crop production. ,The proposed soccer fields will create a park-like setting consisting of'open grassed fields that will be constantly maintained by the Carmel School CorporationOin conjunction with the Carmel Dads' Club. In addition, the areas will be fenced and regularly policed by the above two entities. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or:: police or fire protectio~ because:- " The proposed soccer fields willbe utilized on a seasonal basis primarily from August through October. Vehicular traffic fJowwil1 consist of parents dropping off', and picking up their children from soccerpracti~es. Based on the size and limited use of thi$project, ,water and sewage will not be adversely affected. Storm drainage consisting of dry detention pond will'be utilized to control storm water.!~,~. :'; : There is no anticipated need for extra ordinary police or fire protection" I ! \ d ;OLJ- 2,~-' ?,,'~JOS ' y-e<: . CIT'Y :OF- CARMEL/CLAYTOWNSHIP APpLICATION' FOR BOARD OF ZQ,NING APPEALS ACTION ,USEVARIANCE, 'F.EE:. $1,287.50, plus,$103.00 p~r acre DATE RECEIVED: '. , 1) AppH.cantCarmelClay School Corporation Address': 5201.E~"1~.1 stStreet, Carmel, IN 46033 . ;-,' ......~ , , 2)Pr()ject Name:Carmel Clay Schools-Carmel Soccer Fields @ River Rd Phone:(317)844-9961 E~gineerl Architect: Pau II. . qripe, Inc~ Attorney: David R Day ~ Church, Church, HiWe.& Antrum -3) 'Applicant'sStatus~' (Check the: appropriate response) .(a) 1jhe,a,ppHcant's, name is on ,thede~d' to the property (b) .The applic~nt is the<,col1tract. purcha'ser of the property (c) Other: ' 4) IfJtem3)'(c) is chec~ed,pleasecomplete the foll.owing~ Owner of the property involved: '. Carl11elClaySchpol Corporation. . Owner's address: 5201 E. 131stStieet, Carmel, IN 46033 "5) Record of Ownership: 'Deed Book No./lnstrument No. Instument No. 1999-9971393 Phone: ': (317)842~67.77 Ph~ne: (317)' 844-9961 Purchase date: 6) ,Common 'address of the property involved: Southwest Corner of 131 st and River Road' Leg~"descriptior}: ~(see' attached), T~xMapParcel No.:17-10-27~OO-00':006.000. , . , 7) State explanation of requested Use Variance: (State What you wantto do and cife the section number(s) of the Carmel/Clay Zoning Ordinance that . applies anci/or creates the n.eed. for this appeal). . We wouldlike torequest a variance from the development standard requiring al!lparking lots be curbed as . st~tedin Chapter 10: Zoning &Sllbdivisions,Article 1: Zoning Code, Section 27~03,02, To provide a paved '. .. .... '. I . , .. '. . -,' -. . ,',.. ",. " ' . , parking area associated with the construction of proposed soccer fields:.. . Page, 1 'of 8 - Z:\shared\forrns\BZA apPliCations\ UseVarj~nce Application rev. 01/04/05 ' , 14): ,15} 8) State reasons supporting th~Use' Variance: (AdditionaUy, complete the attach~d question sheet entitled "Findings of Fact"Use Variance"). ....... .' .' .. . . ..' .... . . '. The proposed variance is necessary for the proposed parking areas to provide consistency with other' similar Soccer fields in CarmeJ,.proVidea means for overflow parking to move into the gras$ed.areas,andto - , . '. . . - . . maintain a natural park-like'setting. 9) Present zoning 6ftheproperty (give exact classification): S~1 10) Present use of the property: Crop and Agricultural production 11) Size of lot/parcel In question: 80.327 acres 12)- . Describe the proposed use of the property: . Pr()Poseduse will consist of the Development of SoccerFields, p,aved- p~rkjng 'lots,' and'(2)storag'e buildings. 13) 9wneroccupied Yes Renter occupied Is -the property: ' Other- Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connecti()nwlththis property that would relate or affectits use Jorthe specific purpose ofthis application? If yes, give. date and docket nu'mber, decision rendered and. pertinent explanation. " , A Special Use ,Amendment _ . Has work fo,rwhich this application is being filed alrel;idy.started? If answer is yes., give details: Building Permi,t NU,mber: Builder:' 16) If proposed appeal is granted,'whe,n will ,the work. commence? ,Approximately 4/18/2005 17) If the proposed appeal is granted, wbowill ~perateandlor Use the proposed improv~ment for which this application' has:obeen fHe.d? - ' - Carmel Clay, School C.Qrporationl Carmel. Dad's Club NOTE: ' LEGAL NdTICEshallbepublished ih the Indianapolis Star a MANDATORY twenty-five (25) days priorto the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available forinspectionthe night of the hea~ing. - , . ' Page'2,6f 8 - Z:\sh~red\forms\BZA applications\ Use Variance Applicationrevo 01/04/05 LEGAL NOTICE toal! adjoining and abuttingprpperty.owners is also MANDATORY, two methods of notice are recommehded: ' , 1)GERTIFIED MAl L - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt 'should be stamped by the Post Office at le~st TwentY-five. (2S}days prior to thepublic~earingdate) , 2) HANDDELlVERED to adjoining and abutting P ropE! rtY owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-five (25) daynotice should be kept for verification that the notice was completed) . REALIZE THE BURDEN OF PROOF FOR ALL NOTICES ISTHERESPONSIBILlTY OF THE APPLICANT. AGAIN,THIS '. TASKMUSTBECOMPLETED ATlEASTTVVENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. . .. '. The applicant understands that Docket Nu mbers will not be assianed until all supportina Information has been .submittedtothe Department of Community Services;, ,,' , The appHcantcertifies by 5 igning this applic~tionthat he/she has .been advi~ed that all representations of . , the. Pepartment of Community Services are . advisory . only and that the applicant' should. rely on appropriate subdivish)n and zoning ordinance'an~lor the legal advice of h,islher attorney. I,. . . . ,Auditor of Hamilton County, Indiana, certify that the attached affidavit is a. true and.,complete listing ofthe,adjQiningaf1d adjacent property owners concerning Docket No. , OWNER See Attached 'List' , ,ADDRESS Page 3 of-B - Z:\shared\forms\BZA applications\ Use Variance Application 'rev. 01/04/05 'AUD IT.OROFHA.MJL rqN co U NTV, ' 'N DIANA AFFIDAVIT I, he rebysltV~ar that I am the owner/contract purchaser of property involved ill this application and that th.e foregoing signatures, statel11entsandanswers hereirtcontained and the information herewith submitted are in aU respects true and correct to' the best of my knowledge and belief. J,;the undersigned, authorize the applicant to act on my behalf with, regard ',to this application and' subsequent h~ar~ngs, ,and testimony. Sjgned:J2fl)~l-~d-...'. ........ ..... . . Property Owner, Attorney, 'or Power of Attorney (Ldl.-~I ,..J g. fA(l.~A-ND1 ck-. {Please Print) '.STATE'OFINDIANA , 58: County qf (County in which notarization takes. place)' ,Before ,me the undersigned, a Notary Public for 'Indiana;persqnally appeared '(Notary' Public's county of residence) and acknowledge . the execution of (Property Owner, Attorne'y,.or Power of Attorney) County, State .of theforegoin9' instrument this day of ,20 Notary Public--Signature '(SEAL} Notary Public-Please Print My commission. expire.s: Page 4 ,of 8- Z:\shared\forms\BZA applications\ Use Variance Application' . rev. 01/04/05 'p NOTICE OFPUBUC HeARING BEFORE THE C, A'RMEl/ClA Y BOARD OF'ZONING APPEALS . . . -'. . Docket No. 05010046 SU.and 05020006 V Notice is hereby given thatthe'CClrmel/Clay Board ,of Zoning Appeals meeting on the 2Slhday of February,' 2005 at 6:30 pm in the City Hall. Council Chambers, 2nd floor of City HaU, One (1) Civic Square",.,C~rmel,lndia,na"46032 win" hold a Public Hearing: upon a Special Use application and a Use ,Varianca applic~tion to allow for the construction of soccer field facintie~ to serVe the, existing "Special Useofthepropertyanda Variance to eliminate the requirement for aU parking lots be curbed, The ' , prop;ertybeing located at the northwestcorner of the 126thStreet and RiverRoad intersection extending north to 13151 Streetand' approximately y.j mile wide, Carmel, IN. The application is. identified as Docket No. OSq1 0046SU. and 05020006V. The'real e~~ate 'affected by said application is d,esc'ribed' as foHows:. " Pe'rlnstrumentNo:1999-9971393: , , , , East half ofthe southeast quarter of Section 27, Township ,18 North, Range 4 East. Clay Township, Hamilton County,: Indiana" All interested persons desiring to present their views on the ,above application, eitherin writihgor 'verb~lIy, wiU be given an opportunity to be' heard at the above-mentioned time and place. Carmel.Clay?chool Corp'oration .PETrTIONERS 0:\2004\0404 2 7\20000\docs\Permits\NoticeOfPublicHearingRev. o'OC PETITIONER'S AFFIDAVIT OF NOTICE OF,PUBLICHEARING CARMEL/CLAY BOARD OF ZONING APPEALS' '" I (WE) 'G'e.brge ZboYbvsky, PE, PaulL Cripe, Inc. PUBllCHEARIN,G BEFO. RE THE CA.RMEL/CLAY BOAR,D ,.OF'ZO.NING APPEALS CONSIDERING Docket Number, . '. . . . ". ". DO HEREBY CERTIFY THAT NOTICE OF 0502000,6 V , was registered and mailed atleast twenty-five (25) days prior to the date of the public hearing :to the below listed adjacent property oWners:, ADDRESS :, See attached. list 'STATE OFINDIA.NA SS:' County of , Before me the undersigned, a Notary Public, (9ounty Inw~ich notarization takes .place) for County, Stataof Indiana"personally appaared (Ndtary'PubHc's 'county ofr~$idence) and. acknowledge the execution 'of the foregoing instrument this '(PrapertY:,'Owner, Attorney, or Power of Attorney) d~y of ,20 Notary' Public--Signature ' , 'NotaryPublic--Please Print My commission ,expires: Page 6 of 8- Z:\shared\~orms\BZA applications\ Use Variance, Application rev. 01104/05 .. 'CARMEL/CLAY BOARDqF ZONING APPEA'LS Carmel,lndiana ",Docket,No.:- " '050~0006V P,etiti_oner: e'arm'er ,Clay School. Corporatio,n , , , FINDINGS OF FACT.. USEVA~IANCE (Ballot Sheet) 2~ ':," .,;, 3. ' '4~ ' 5., - DA YOF , 20 ---.,;,... , Board Member , ~age 7 of B,-Z:\sh~m~d\fortns\BZA applications\ UseVariance Application rev. 01/04/05 .~ CARMEL/CLAY BOARDO,FZONING 'APPEALS CARMEL,' INDIANA , ,Docket No.: 05020006: V petitioner:' Carmel Clay School Corporation 1. , " ,FINDINGSOF FACT-USEVARIANCE , " , . " ' The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) suchthat enforcement ofthe zoning ordinance will resultinunnecessaryhardshipbecause: The parking ,lots will Jlqt be located near any occupied structure and are located such that they will be bo~ndedby open sp'ac~. . ,The grant of this: variance win not. be, injurious '. to the. public health, . safety, morals and generaLwelfa~Efof the, eommunity because: . . . ...'... .,., . . ' . '.' Thear~as.adjacentto the property are of substal1ti~ldi,stance from the propo~ed parking ,areas and " therefore. wil,. nothave 'an impact on. anyadja,cent properties. The use or value of the areaadjacer')tto the subject property will not be substantially affected ina,ny ad\(erse manner because: '. , ' The elimination of'curbi ng for the parking areas will be c6i1sistent with other parking areas associated with soccer " fields in the Carmel jurisdiction; This will allow for any overflow parking into the grassed areas surrounding the parking lot ratper than or:1,streets abutting the project. The need for the variance arises from a natural condition peculiar to the subject property because:: NM . .. .' , , , . .... , 5. The granting ofthis variance does not substantially interfere with the CarmellClayComprehensive Plan because: ~ The proJect complies with another Carmel design standards and :is consistent with similar projects located within . - I .. . -. . . .' _ '., . . . ~' '. '.' . - . .' . .... . . . "", . '. the City of Carmeil therefore does nptinterfere with the CarmellClayComprehensive Plan. DECISION '. .' , , '. . . . ,',' . '. . . -, '. . ~. IT IS THEREFORE the decision oftheCarmellClay Board of Zoning Appeals that Use Variance Docket No. 05020006 V . is grantee;!, subject to any conditions stated in the minutes of this Board, which are i~corpora~edhetein byr-eference and made apart hereot , Adopted this. 'day of , ,20 , CHA1RPE'RSON, Carmel/Clay.Boardof Zoning Appe~'s'_ SECRETARY, ,Carmel/Clay Board of Zoning Appeals, ,-Conditions of the Board are listed on'the back. , Z:\shared\forms\BZA applications\use'variance appl. Revis~d12/31l2002 page 8 of 8- Z:\Shared\farm~\BZAapplications\ Use Variance Application r~v,- 91/04/05