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CITY OF CARMEL. CLAY TOWNSHIP
HAMILTON COUNTY~ INDIANA
APPLICA TJON FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $257.50 for the first variance, plus $77 .25 for each additional section of the
ordinance being'varied.
All Other $978.50 for the first variance, plus $463.50 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO.
DATE RECEIVED:
1) Applicant: Hamilton County Parks and Recreation Dept.
Address: 15513 S. Union St., Carmel, IN 46033
2)
Project Name: Coxhall Park & Gardens - Bell Towers
Engineer/Architect: Paull. Cripe, Inc.
Phone: (317) 896-5874
Phone: (317) 842-6777
Attorney:
Phone:
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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.llnstrument No. 199909943242
Page:
Pur,phase date: 07/22/1999
6) Common address of the property involved: 2000 W. 116th Street, Carmel, IN 46032
Legar description: (SEE ATTACHED)
Tax Map Parc~1 No.: 17-09-33-0000-022.001
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).
Chapter 5: 5-1 Residential District Part 5.04.01 restricts allowed buildina height to a maximum of
35'-0". Request a variance to this restriction to allow for the construction of (2) 90'-0" high Bell
Towers with 7'-9" tall decorative spires FlhnvA, on thA Axi~ting C;oxh~11 P::1rk & ~~rrlpn Pror~rl:y
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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").
The proposed Bell Towers are an integral part of the development of the Park and will become a destination ooint
and Icon of the Park. These Bell Towers were an original part of the master Plan as approved previously the BZA
and T AC Committees.
9)
10)
11 )
12)
Present zoning of the property (give exact classification):
Size of lot/parcel in question: 120.449
Present use of the property: Park & Gardens
. Park & Gardens
Describe the proposed use of the property:
S-1 1 Residence District
acres
13)
Is the property: Owner occupied
Yes
Renter occupied
Other
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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.
None known
15) Has wqrk 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?
8/2006
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
ap'plication has been filed? .'
Hamilton County Parks and Recreation Oept.
NOTE: 05/02/05: Per Angie, This Hearing Officer Meeting requires 10 days prior notice instead of 25 days.
LEGAL NOTICE shall be pUblished in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the
public hearing date. The certified "Proof of Puhlication1t 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
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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 assiQned until all supportinQ 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.
I ,
, Auditor of Hamilton County, J ndiana, certify that the attached
(Please Print)
affidavit is a true and complete Hsting of the adjoining and adjacent property owners of the property described herewith.
OWNER
(SEE ATTACHED)
ADDRESS
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Auditor of Hamilton County, tndiana--Signature
Date
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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\Vith regard
to this application and subsequent hearings and testimony.
05 frz/oS'
Date
Signed:
(
ALLEN PATTERSON
(Please Print)
STATE OF INDIANA
5S:
County of
&1 (A. VV\ I '1+0 YJ
(COU11ty in which notari~ation takes place)
Before me the undersigned, a Notary Public
for
fJQ~~/~
(Notary Public's cou'nty of residence)
County, State of Indiana, personally app'eared
j\ULgJ Lu .P~R8~,j
(Property Owner, Attorney,or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
2-~
day ~f
MCA'I
,20 '0 ~
.......
-1~~/-< KoJ~
. Notary Public--Signature '
5 0- V\ r1 y- fA 1-< RCA- Is ~ tl
Notary Public-Please Print
~: (5 EALl.
My commission expires: 05"" /0 Y!o~
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the day of
May t 20 05 at 6:00 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:
Chapter 5: 5-1 Residence District; Part 5.04.01; maximum buildinQ heiQht
(explain your request--see question numbered seven (7))
Construct (2) 90'-0" tall Bell Towers as originally shown on the Master Plan for the Coxhall Park & Garden.
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property being knoWn as
Coxhall'Park & Gardens
The application is identified as pocKet ~o.
The real estate affected by said application is described as follows:
(Insert Legal Oescription)
(SEE ATTACHED)
All interested persons desiring to present their views on the above application, either in writing or verbally I will be given an
opportunity to be heard at the above-mentioned time and place.
Hamilton County Parks & Recreation Department
PETITIONERS
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Legal Description
The West half of the Southwest Quarter of Section 33, Township 18 North, Range 3
East, except 20 acres off the north end, leaving 60 acres;
ALSO The East half of the Southwest Quarter of Section 33, Township 18 North,
Range 3 East, except 15 acres off the north end thereof, leaving 65 acres.
lESS AND EXCEPTING THEREFROM THE FOllOWING DESCRIBED PROPERTY:
Part of the Southwest Quarter of Section 33, Township 18 North, Range 3 East,
Hamilton County, Indiana, and being more particularly described as follows:
Commencing at the Southwest corner of said quarter section; thence South 89
degrees 25 minutes 56 seconds East (assumed basis of bearings), on and along the
South line of said quarter section, 748.06 feet; thence North 0 degrees 34 minutes 04
seconds East 543.10 feet to the point of beginning of this description; thence continue
North 0 degrees 34 minutes 04 seconds East 313.59 feet; thence South 89 degrees 25
minutes 56 seconds East, parallel with said south line, 650.60 feet; thence South 0
degrees 34 minutes 04 seconds West 20.35 feet to the point of curvature of a 574.82
foot radius curve to the right; thence Southerly, on and along said curve, 164.86 feet,
the chord of which bears south 8 degrees 46 minutes 57 seconds West 164.29 feet, to
the point of reverse curvature for a 375.00 foot radius curve to the left; thence
Southerly, on and along said curve to the left, 117.81 feet the chord of which bears
south 8 degrees 00 minutes 00 seconds West 117.33 feet, to the point of compound
curvature for a 525.00 foot radius curve to the left; thence Southerly, on and along said
curve to the left, 14.31 feet, the chord of which bears South 1 degree 46 minutes 43
seconds East 14.31 feet; the~ceNorth 89 degrees 25 minutes 56 seconds West,
parallel with the south line of said quarter section, 612.53 feet to the point of beginning
and containing 4.551 acres, more or less.
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
Hamilton County Parks & Recreation Dept.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
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3.
DATED THIS
DAY OF
,20
Board Member
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Hamilton County Parks & Recreation Dept.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The orooosed Bell Towers will add to the overall aesthetic value of the Coxhall Park & Gardens oroiect and
surrounding area by being. designed and constructed with high quality materials. Coxhall mansion is adjacent to
the Towers. The desiqn of the Towers will conform to the State and Local Structural Desiqn Standards and
Requirements. The addition of the Bell Towers is the next phase of the Park Project which is being developed in
accordance with the previously submitted Park Master Plan.
2. The use and value of the area adjacent to th~ property includ~d in the variance will not ,be affected in a
substantially adverse manner because:
The Towers will enhance the Park bv continuina the develooment in accordance with the Master Plan. The stone
and brick building materials will be consistent wittl character and quality of the area. The further development of
the Park also/8dds value to the area bv servina as a recreational destination for the residents of Hamilton County
and the City of Carmel.
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 Towers are an integral piece of the Coxhall Park and Gardens Master Plan. The concept of the Park is that
or t-ormal Gardens and PubliC Amenity t>paces which will be unique to Central Indiana.
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 t 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).
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Legal Description
The West half of the Southwest Quarter of Section 33, Township 18 North, Range 3
East, except 20 acres off the north end, leaving 60 acres;
ALSO The East half of the Southwest Quarter of Section 33, Township 18 North,
Range 3 East, except 15 acres off the north end thereof, leaving 65 acres.
lESS AND EXCEPTING THEREFROM THE FOllOWING DESCRIBED PROPERTY:
Part of the Southwest Quarter of Section 33, Township 18 North, Range 3 East,
Hamilton County, Indiana, and being more particularly described as follows:
Commencing at the Southwest corner of said quarter section; thence South 89
degrees 25 minutes 56 seconds East (assumed basis of bearings), on and along the
South line of said quarter section, 748.06 feet; thence North 0 degrees 34 minutes 04
seconds East 543.10 feet to the point of beginning of this description; thence continue
North 0 degrees 34 minutes 04 seconds East 313.59 feet; thence South 89 degrees 25
minutes 56 seconds East, parallel with said south line, 650.60 feet; thence South 0
degrees 34 minutes 04 seconds West 20.35 feet to the point of curvature of a 574.82
foot radius curve to the right; thence Southerly, on and along said curve, 164.86 feet,
the chord of which bears south 8 degrees 46 minutes 57 seconds West 164.29 feet, to
the point of reverse curvature for a 375.00 foot radius curve to the left; thence
Southerly, on and along said curve to the left, 117.81 feet the chord of which bears
south 8 degrees 00 minutes 00 seconds West 117.33 feet, to the point of compound
curvature for a 525.00 foot radius curve to the left; thence Southerly, on and along said
curve to the left, 14.31 feet, the chord of which bears South 1 degree 46 minutes 43
seconds East 14.31 feet; thence North 89 degrees 25 minutes 56 seconds West,
parallel with the south line of said quarter section, 612.53 feet to the point of beginning
and containing 4.551 acres, more or less.
MASTER
prepared
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~ 6-158 Noise Regulations.
(a) No person shall play, use or operate any machine or device for the producing or reproducing of sound,
including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments,
phonographs and cassette players, nor any other machine or tool that produces sound, nor shall any person
operate any motor vehicle that contains a modified.or defective exhaust system, if such machine, tool or
vehicle is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, building, sidewalk, public space,
park or thoroughfare and the sound generated therefrom is (A) audible 40 feet or more from its source, or
(B) is at a level of90 decibels or more when measured on a dB(A) scale from a distance of not less than
six feet from its source; or
(2) Any private property and the sound generated therefrom is (A) audible 40 feet or more outside of said
private property line, or (B) is at a level of 90 decibels or more when measured on a dB(A) scale from a
distance of not less than six feet from said private property line.
(b) The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles.
(2) Lawn mowers, weed blowers, garden tractors, construction and repair equipment, go-carts
and power tools, when properly muffled, between the hours of 6:00 a.m. and 10:00 p.m. only.
(3) Burglar alarms and other warning devices when properly installed, providing the cause for such alarm
or warning device sound is investigated and turned off within a reasonable period of time.
\t, (4) Parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps
J>f performances, and artistic performances, as well as any rehearsals for same, and all other events
authorized by the Board of Public Works and Safety or other appropriate governmental entity.
(5) Attendant "noise connected with the actual performance of athletic or sporting events and practices
related thereto.
(6) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the
performance of emergency construction, repair or other work.
(7) Sounds associated with the use of legal fireworks.
(8) Sounds associated with the use of the Carmel Police Department Firing Range.
(9) Sounds associated with the normal conduct of legally established non-transient businesses,
organizations and governmental entities, when such sounds are customary, incidental and within the
normal range appropriate for such use.
(10) Rubbish collection utilizing any mechanical equipment between the hours of 6:00 a.m. and 9:00 p.m.
only.
(11) Subject to the other provisions of this section, and any other applicable law, rule or regulation, those
sounds associated with motor vehicles lawfully operating on City streets.
(12) Sounds associated with equipment or animals lawfully utilized by handicapped persons to
accommodate their handicap.
(13) Sounds associated with the operation of aircraft or snow removal equipment.
(c) No person shall keep any animal, other than a service animal lawfully used by a handicapped person to
accommodate his handicap, which, by causing frequent or long-continuing noise that is audible 40 feet or
more from its source when the animal is on public property or 40 feet or more outside of a private
property line when the animal is on private property, does disturb the comfort or repose of any other
person.
(d) Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a
fine of not more than:
First offense Up to $ 250
Second offense Up to $ 500
Third offense Up to $1,000
Fourth and subsequent Up to $2,500
offenses
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(e) The Carmel City Court shall be the court of proper venue and jurisdiction for the enforcement of this
section.
(f) Citations for violation of this section may be issued by any sworn member of the Carmel Metropolitan
Police Department and, additionally, in or on Carmel Clay Schools property only, by any sworn special
police officer appointed under I C., 36-8-3-7 to serve the Carmel Clay Schools.
('91 Code, 9 6-158) (Ord. D-1416-99, 8-2-99; Ord. D-1447, 12-20-99)
Statutory reference:
Regulation of air and sound authorized, see
I C., 36-8-2-8