HomeMy WebLinkAboutApplicationCITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION 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
1)
Applicant: Carmel Clay Schools
Address: 5201 East 131st Street, Carmel, IN 46033
2)
Project Name: Mohawk Trails Elementary School
Engineer/Architect: Fanning/Howey Associates, Inc.
David Day - Church, Church, Hittle & Antrim
Attorney:
Phone: (317) 844-4948
Phone: (317) 848-0966
Phone: (317) 773-5320
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)
6)
Record of Ownership:
Deed Book No./Instrument No. 960
Page: 4173 Purchase date:
Common address of the property involved: 4242 East 126th Street, Carmel, [Iq 46033
Legal description' See Attached
16-010-29-00-00-007.000
Tax Map Parcel No.:
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 Attached
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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").
See Attached
9)
10)
11)
12)
Present zoning of the property (give exact classification): R-! Residence District
Size of lot/parcel in question: !5.3 Acres
Present use of the property: Middle school, elementary school, and soccer fields
Describe the proposed use of the property: New elementary school adjacent to existing schools.
acres
13)
14)
Is the property: Owner occupied Yes
Renter occupied
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.
V- 112-02 through V- 119-02
15)
Has Work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder:
16)
If proposed appeal is granted, when will the work commence?
October 2005
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 Schools
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
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Conn, Angelina V
From:
Sent:
To:
Cc:
Subject:
Conn, Angelina V
Monday, August 15, 2005 6:17 PM
Tingley, Connie S; 'wpayne@fhai.com'
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I;
Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Benyola, Linda
Docket No. Assignment: (V) Carmel/Clay Schools, Mohawk Trails Elementary (#05080024-25
V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Carmel/Clay
Schools, Mohawk Trails Elementary. They will be the following:
Docket No. 05080024 V
Docket No. 05080025 V
Total Fee:
$0.00 (exempt)
$0.00
$0.00
Carmel/Clay Schools, Mohawk Trails Elementary
The applicant seeks the following development standards variances:
Docket No. 05080024 V ZO Chapter 25.07.02-05.d institutional sign height
Docket No. 05080025 V ZO Chapter 25.07.02-05.g amount of changeable copy
The site is located at 4242 E 126th St. and is zoned R-I/Residence.
Filed by William Payne of Fanning/Howey & Associates for Carmel/Clay Schools.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, September 16, 2005. Published notice
is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:15 p.m.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, September 23, 2005.
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 Packets must be delivered to BZA Secretary Connie Tingley no later
than NOON~ Friday, September 16, 2005. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the Monday, October 24, 2005 agenda of the BZA.
5. This Item will appear on the September 26, 2005 agenda of the Board of Zoning Appeals HEARING
OFFICER under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets 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.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Payne can be contacted at 848-0966 or fax: 848-0843 or email: wpayne~fhai.com.
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 p.m. It is suggested to send
the notice to the IndyStar by Noon on Wednesday, to allow for the Friday printing.
2.) Provide a filled out and notarized Affidavit ( pg 4 of the variance application).
Thank you,
Angie
CITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA.
APPLICATION FOR BOARD OF ZONING APPEALS
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
.
State explanation of requested Developmental Standards Variance: (State what you want to
do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or
creates th'e need for this request).
A.
Carmel Clay Schools would like to construct a building identification sign with
changeable copy in excess of the size limitations and overall height taller than
required by Section 25.7.02-5 of the Carmel/Clay Zoning Ordinance.
.
State masons supporting the Developmental Standards Variance:
Ao
The proposed size of the building identification and changeable copy sign is required
to provide space appropriate to announce and inform patrons of events scheduled at
the school. The proposed size will allow the announcements to be legible by
vehicles coming to or passing the project site. The proposed size of 36 square feet
is within the total allowable area for both changeable copy and institutional signage
of 46 square feet. The changeable copy area of 24 square feet exceeds the
allowable of 16 square feet. Due to the height needed for the lettering, the overall
height of the proposed sign of 6'-2" exceeds the allowable height of 5'-0". The
overages noted are very close to the ordinance requirements, and would not
negatively impact the area, while providing legible copy for patrons.
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 supporting 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, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER ADDRESS
See Attached
Auditor of Hamilton County, Indiana--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 with regard
to this application and subsequent hearings and testimony.
Signed:
(Property Owner, Attorney, or Power of Attorney)
Date
Rollin E. Farrand, Jr.
(Please Print)
STATE OF INDIANA
SS:
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 ,20
(SEAL)
Notary Public--Signature
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/~ard of Zoning Appeals meeting on the 26th day of
September _, 20_05~ a~6:00 p~ in the City Hall Council Chambers, 1 Civic Square, Carmel,
Indiana 46032 will hold a Public Hearing -'rrfion a Development Standards Variance application to:
(explain your request--see question numbered seven (7))
Construct signage that exceeds criteria stated in Sections 25.7.01-2 and 25.7.02-5 of the Carmel/Clay Zoning Ordinance.
Mohawk Trails Elementary School, 12415 Shelbome Road, Carmel, IN 46032
property being known as
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 heard at the above-mentioned time and place.
Carmel Clay Schools
PETITIONERS
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V ~
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
I (WE) Carmel Clay Schools 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:
QWNER
ADDRESS
STATE OF INDIANA
SS:
The undersigned, having been duly sworn upon oa~a~ha~t~ aboveliCformat, i¢,n is true and correct and he is
informed and believes. I~.,,.MIA- ~-.~,,e.~.~[., ,(~Y/.~
...//.../. Signature of Petitioner
County
of
for (Co~ta~a,kes place)
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
day of
(SEAL)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
Public--Signature ,
n e.z tmme. l /
Notaw Public-%Pl~a~__l ~i~X
My commission expires: 7N~ 7
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
Carmel Clay Schools
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
.
.
DATED THIS
DAY OF 2O
Board Member
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Carmel Clay Schools
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:
See Attached
.
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:
See Attached
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:
See Attached
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).
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
FINDINGS OF FACT- DEVELOPMENTAL STANDARDS VARIANCE
.
The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because:
The building identification signage is required to provide identification to the project site as
well as inform patrons of events. The size of the signage is appropriate for the frontage and
overall size of the site and building. The directional traffic signage needs to be legible to
provide the important directional information ensuring safe ingress and egress of vehicles.
.
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 signage will be kept as Iow in height as practical. The overall design will be compatible
with the school building including the use of similar colors and brick material. Appropriate
landscaping will be provided at the building identification sign to further enhance the
aesthetic appeal of the site.
,
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 size limitations of the building identification sign would prohibit the signage that is legible
from passing vehicles at a distance. There are typically multiple events scheduled at the
school that need to be announced to patrons. The strict application of the size limitations
would greatly limit the ability of the school to fully inform patrons.
Commencing at. the southwest corner' of. the: aforementioned
southwest quarter section;' thence North. 90000'. 00" East (an
assumed, bearing, used. as a..datum for all. subsequent bearings
in this. description), along, the. south, line' of!. said quarter'
section, a:. distance-.' of 1764,030' feet to the.. point of.' beginning
of the real. estate, described herein'; thence North 00°00t 00"
East. a distance of! 703.912 feet. to' a" point, on the. south, line, of
a.. subdivis ion recorded in' the
Cool. Creek. Estates -,: 8th Section,
Office. of. the. Hamilton '-County' Recorder; thence North~ 83°30t 00"
East, along said. south line. extended,., a: distance o~ 8821%136 feet.
thence.--South 0Q°38~ 00"' East a distance:· of. 803',821.. fee't' to the..
southeast corner of the: aforementioned., qua=t'e~~ section;., thence.
'SoUth 90°00~ 00": West, along'., the .south. line of. the afor. amenCioned '
quarter section~ a. 'd~stance of. 885.350 feet to.. the point of.
.,beginning;' containing'in all 15'-.250 Acres,.'
·
·
Map1
Survey Boundaries
~ Township Lines
Transportation
Abc Interstate Hwy Text
Abc U.S. HwyText
Abc State HwyText
Abc Primary Rd Text
interstate Highways
U.S. Highways
~ State Highways
= Primary Roads
SCALE I ' 5,496
200 0 200 400 600
FEET
N
http://www.co.hamilton.in, us/maps/county, mwf
Friday, July 29, 2005 2:33 PM
'.~~~ ~...,-~rf v~iro~ 14- ,Jr'
~ - ~ ( ~ I ~ ~ ~ - ,
IDENTIFI~TION SIGN MOWHAWK ~ ~~ ~ ' '~
$5' '
8.0.W.
,
O~NG O~WN ~ P~ECT
81GNAGE LOCATION PLAN AS
MOHAWK EL~E~ARY 8OHO~ ~tGNA~
~TE
CARMEL CALY SCHOOL8
8-11-05 CARMEL ~IANA
F NING HOWEY co...
205052.00
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 headngs and testimony.
Signed: ~~ ~ ~~
(Properly Owner, Attorney, or Power of Attorney) Date
Rollm E. Farrand, Jr.
(Please Print)
STATE OF INDIANA
County of
SS:
(County in which notarization takes place)
for
Before me the undersigned, a Notary Public
(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
(SEAL)
Notary Public--Please Pdnt
My commission expires: --7 / ], (~ l (~.7
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,,, ? tFannmg4-I. ow.ey
~ ~ Assocmtes,~c.
Architects Engineers Consultants
TRANSMITTAL
From'
David Littlejohn, Planning Administrator
Board of Zoning Appeals
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Elizabeth J. Rutski
Administrative Coordinator
Date:
Project:
August 29, 2005
Mohawk Trails Elementary School
Ground Sign
Carmel Clay Schools
Carmel, Indiana
Project No. 205053.00
c°" s I
,
I signed and Notarized' Affidavit 'of ow'ne'~ for"DeVelopmentai' stand'ards Vadance
Application Previously Submitted August 12, 2005 .....
....
,.
...............
.............
Sent via:
COMMENTS:
Mail UPS ' Overnight iv Hand Deliver i Pickup ' Courier
Fax
Per our discussion on the telephone on Fdday, August 26, 2005, enclosed is the Signed and Notarized
Affidavit page for our submittal for this Project. You indicated that we did not need to resubmit the entire
package, that this page would be inserted.
Call if you have any questions.
/e jr
c: Rollin E. Farrand, Jr., IRA, Carmel Clay Schools
Fanning/Howey Associates, Inc. intends to send this information (including any attachments) only to the designated individual or entity. If
you received this information in error, please notify the sender by replying to the electronic mail (if electronic) or by telephone at the
number indicated on this document. Use, disclosure, dissemination, distribution, or reproduction of this message by unintended
recipients is not authorized and may be unlawful
9025 North River Road, Suite 200 ~ Indianapolis, Indiana 46240-2125
(3!7)8484)966 *~ Fax(317)848-0843 ~. http://wwv,,.~ai.com