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HomeMy WebLinkAboutApplicationsCITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL REQUEST Fee $450.00 DOCKET NO. DATE RECEIVED: Woodland Springs Christian Church, Inc. CT MED t1 R 11 1999 DOCD 4 01 1) Applicant Address: 3405 East 116th Street Carmel, IN 46033 Project Name: Hazel Dell Relocation Mike Eagan /Matt Steablin Engineer /Architect Schmidt Aas ciates Phone: 263 -6226 William E. Wendling, Jr. /Todd L. Ruetz 846 -6514 Attorney. Campbell Kyle Proffitt Phone: 3) Applicant's Status: (Check the appropriate response) XX (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: Phone: 846 -9828 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: N/A Owner's address: Phone: 5) Record of Ownership: Deed Book No /instrument No. s 9809805843 and 9809849788 Page: Purchase Date: 1 -28 -98 and 4- 23 -98, respectively 6) Common address of the property involved: Legal description: Attached 1998 R 17- 10- 22- 00- 00- 003.000 Tax Map Parcel No.: 1998 R 17- 10- 22- 00 -00- 004.002 respectively 7) State explanation of requested Special Use; Woodland Springs Christian Church seeks to build a church building on the property to relocate from its present facility on, 116th 14346 Hazel Dell Road Street. State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact - Special Use "). The church building falls within a permitted special use as provided by Zoning Ordinance 5.2 and is in keeping with the purpose and intent of the S -1 residence district. See also page 8 of the application. Page 1 of 8 - Special Use Appliabcn AFFIDAVIT I, hereby swear and affirm that Campbell Kyle Proffitt has been retained and is authorized by Woodland Springs Christian Church, Inc. to make application for and on behalf of Woodland Springs Christian Church, Inc. with regard to this Special Use Application. The Application with the foregoing signatures, statements and answers contained herein and the information submitted herewith are in all respects true and correct to the best of my information, knowledge and belief. Date: 3- i \ - c)c} igned: ■ca( _ Todd L. Ruetz, Counsel for V�SIDdland Springs Christian Church, Inc. County of Hamilton Before me the undersigned, a Notary Public for County, State of Indiana, personally appeared Todd L. Ruetz, Counsel for Woodland Springs Christian Church, Inc. and acknowledge the execution of the foregoing instrument this i\ day of , 1999. MARCY L MILLS C0FYISSI011 # 12: 401252 ffiY COI jjON EZFIE N: 02 -11 -01 COIIHPY OF RESIDENCE IS: HAWSE Notary Public{'- Signature Notary Public - Please Print My commission expires: Page 4 of 3 -- Special Use Application LEGAL DESCRIPTION A port of the South Hoff of the Northwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indiana, descrbed as follows: Conrnencing at the northwest corner of said section; thence South 0 degrees 05 minutes 47 seconds Eost (basis of bearings is a Warronty Deed recorded as Instrument No.. 9752194 in the Office of the Recorder of Hamilton County, Indiana). 661.04 feet along the west Inc of said section to the northwest corner of said South Hoff-Quarter- Quarter Section; thence North 89 degrees 46 minutes 06 seconds East 80.00 feet along the north fine of said Half-Quarter- Quarter Section to the east boundary of Hazel Dell.Road as descrbed in sdd Instrument No. 9752194 and the point of beginning of this description: thence South 0 degrees 05 minutes 47 seconds East 26-4.24 feet along sdd east boundary; thence South 5 degrees 36 mnutes 51 seconds West 351.75 (cot along said east boundary; thence South 0 degrees 05 minutes 47-seconds Eost 46.90 feet (46.97 feet deed) along said east boundary to the south kne of said Quarter- Quarter Section; thence North 8.9 degrees 48 minutes 34 seconds East 1271.08 feet Bong said south kne to the southeast corner of said Quarter- Quortor Section; thence North 0 degrees 08 rrinutes 58 seconds West 661.97 feet along the west fine of said Quarter - Quarter Section to the northeast corner of the South Hal( of said Quarter - Quarter Section; thence South 89 degrees 46 minutes 06 seconds West 1235.47 feet Bong the north fine of sdd Hoff - Quarter- Quarter Section to the point of beginning and containing 18.950 acres, more or less. ALSO INCLUDING: Two hundred feet (200') of even width off the entire south end of the following described real estate: The north half of the Northwest Quarter of the Northwest Quarter of Section Twenty -two (22), Township Eighteen (18) North, Range Four (4) East In Hamilton County, Indiana. Except the following: Part of the North.Hatf of the JJorthwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said section; thence South 0 degrees 05 minutes 47 seconds East (assumed bearing) 461.04 feet along the west line of said section; thence North 89 degrees 42minutes 14 seconds East 16.50 fee to the point of beginning of this description, which point Is at the Intersection of the east boundary of Hazel Dell Road and the north line of the owners' land; thence continuing North 89 degrees 42 minutes 14 seconds East 63.50 feet along said north line; thence South 0 degrees 05 minutes 47 seconds East 200.00 feet to the south line of the owners' land; thence South 89 degrees 42 minutes 14 seconds West 63.50 feet along said south line to the east boundary of said Hazel Dell Road; thence North 0 degrees 05 minutes 47 seconds West 200.00 feet along said east boundary to the point of beginning and containing 0.292 acres, more or less. Except the following: Part of the North Half of the Northwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indiana, described) as follows: Beginning on the west line of said section, South 0 degrees 05 minutes 47 seconds East (assumed bearing) 461.04 feet from the northeast corner of said section; thence North 89 degrees 42 minutes 14 seconds East 16.50 feet along the north line of the owners' land to the East boundary of Hazel Dell Road; thence South 0 degrees 05 minutes 47 seconds East 200.00 feet along the east boundary of said Hazel Dell Road to the south line of the owners' land; thence South 89- degrees 42 minutes 14 seconds West 16.50 feet along said south line to said west line; thence North 0 degrees 05 minutes 47 seconds West 200.00 feet along said west line to the point of beginning and containing 0.076 acres, more or less. 9) Present zoning of the property (give exact classification): S 1. 10) Present use of the property: farmland /residential 11) Size of lot/parcel in question:. twenty —five (25) acres 12) Describe the proposed use of the property: A church building for worship and other church related activities and the administration offices of Woodland Springs Christian Church. 13) Is the property: Owner occupied XX 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. An application for Developmental Standards Variance is being contemporaneously filed with this application for Special Use Variance under Docket No. 15) Has work for which this application is being filed already started? If answer is yes, give details: NO Building Permit Number: Builder. 16) If proposed special use is granted, when will the work commence? May 1999 17) If the proposed special use is granted, who will operate and /or use the proposed improvement for which this application has been filed? The administration,members,and congregation of Woodland Springs Christian Church and rnmmnniry mamher'_ NOTE: LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) days prior to the public hearing date The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. Docket No.: Petitioner. CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Woodland Springs Christian Church, Inc. FINDINGS OF FACT - SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6 as amended s) (does not) apply and allpprerequisites have been met by Petitioner as verified by: N/A 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because: The church building falls within a permitted special use as provided by Ordinance 5.2 and is in keeping with the purpose and intent of the S -1 residential, district. 3. The Special Use is physically suitable for the land in question because,: The church building will lie on 25 acres providing more than adequate green space in keeping with the rural character of this district. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: The proposed church building, parking and lighting are adequately set back from adjacent land owners and buffered by appropriate landscaping. 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 protection because: The curb cuts along with the expansion of Hazel Dell Parkway and 146th Street will provide adequate andrapprop- iate;:access:.tolthe property, water availability, sewage, and storm drainage facilities are adequately provided. 6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.3 (1 -25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: DECISION 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 , 199 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. s:Vormslspuse.app (Petitioner or his representative to sign). Revised 07/14/97 Page 8 of 8— Specui Use Application CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being- varigg DOCKET NO. DATE RECEIVED: Woodland Springs Christian Church, Inc. 1) Applicant Address: 3405 East 116th Street Carmel, IN 46033 2) Project Name: Hazel Dell Relocation Mike Eagan /Matt Steablin Engineer /Architect Schmidt Associates William E. Wendling, Jr. /Todd L. Attorney. CamphP11 Kyle Proffitt Phone: 846 -9828 Phone: 263 -6226 Ruetz 3) Applicant's Status: (Check the appropriate response) XX (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: Owners address: 5) Record of Ownership: XYc'e �k414/Instrument No. s Page: 6) Common address of the property involved: N/A Phone: 846 -6514 9809805843 and 9809849788 Phone: Purchase date: 1 -28 -98 and 4- 23 -98, respectively 14346 Hazel Dell Road Legal description: Attached 1998 R 17- 10- 22- 00 -00- 003.000 Tax Map Parcel No.: 1998 R 17- 10- 22- 00 -00- 004.002 respectively 7) 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 the need for this request). Woodland Springs Christian Church seeks to build a. new church facility which will exceed in height the provisions of Ordinance Nos. 5.4.1 and 26.1.1 which states the maximum height may be 35 feet. The variance is sought because the maximum height of the proposed structure will be 60 feet. 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Developmental Standards Variance"). The variance will not be injurous to the public health, safety, morals and general welfare of the community, will not substantially affect the use and value of adjacent property in an adverse manner and is necessary for the size, design and purpose of the building proposed. 9) Present zoning of the property (give exact classification): S 1 10) Size of lot/parcel in question: twenty—five (25) acres 11) Present use of the property: farmland /residential A home is. resent Church situated on. the property, belonging to 12) Describe the proposed use of the p�e rtirp 13) Is the property: Owner occupied Renter occupied Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection at and with this docket number, that would relate or affect its use for the specific purpose of this application? If yes, g decision rendered and pertinent explanation. An application for special use is being contemporaneously filed with this application for Development Standards Variance under Docket No. 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder. 16) If proposed appeal is granted, when will the work commence? May 1999 If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The administration, members and congregation of Woodland Springs Christian Church and. community members. NOTE: days prior to LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty -five (25) ys P 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.) AFFIDAVIT I, hereby swear and affirm that Campbell Kyle Proffitt has been retained and is authorized by Woodland Springs Christian Church, Inc. to make application for and on behalf of Woodland Springs Christian Church, Inc. with regard to this Developmental. Standards Variance Application. The Application with the foregoing signatures, statements and answers contained herein and the information submitted herewith are in all respects true and correct to the best of my information, knowledge and belief. Date: 3.- \1 - (9g Signed: _ Todd L. Ruetz, Counsel for oodland Springs Christian Church, Inc. County of Hamilton Before me the undersigned, a Notary Public for County, State of Indiana, personally appeared Todd L. Ruetz, Counsel for Woodland Springs Christian Church, Inc. and acknowledge the execution of the foregoing instrument this 11A-?.--\ day of ,re_.rz'x� , 1999. ARE4 E. TILLS CO SSt ®A # IS: 401252 [ CCED11I0II COMES: 02 -11 -01 tlf COIF Of fESISEIICE IS: 1Ifl 1& Q Notary Pub c - Signature Notary Public - Please Print My commission expires: Page 4 of 8 -- Developmental Standards Variance Application LEGAL DESCRIPTION A port of the South Half of the Northwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Ronge 4 East, Hcrnaton County, lndtona, descrbed as follows: Commencing at the northwest corner of said section; thence South 0 degrees 05 minutes 47 seconds East (basis of bearings is a Warronty Deed recorded 03 Instrument No. 9752194 in the Office of the Recorder of Horrlton County, Indiana). 661.04 feet along the west Inc of said section to the northwest corner of said South Hdf-Quorter- Quarter Section; thence North 89 degrees 46 minutes 06 seconds East 80.00 feet along the) north fine of said Half- Quarter - Quarter Section to the east boundary of Hazel Dea•Road as descrbed in sdd Instrument No. 9752194 and the point of beginning of this description: thence South 0 degrees 05 rrintues 47 seconds East 264.24 feet along said east boundary; thence South 5 degrees 36 minutes 51 seconds West 35,1.75 feat along said east boundary; thence South 0 degrees 05 minutes 47-seconds East 46.90 feet (46.97 feet deed) along said east boundary to the south Gne of said Quorter- Quorter Section; thence North 89 degrees 48 rrinutes 34 seconds East 1271.08 feet Bong said south Tine to the southeast corner ofsoid Quarter - Quarter Section thence North 0 degrees 08 rnnutes 58 seconds West 661.97 feet along the west me of said Quarter - Quarter Section to the northeast corner of the South Half of said Quarter- Quarter Section; thence South 89 degrees 46 minutes 06 seconds West 1235.47 feet long the north be of said Hoi(- Quarter- Quarter Section to the point of beginning and containing 18.950 acres, more or less. ALSO INCLUDING: Two hundred feet (200') of even width off the entire south end of the following described real estate: The north half of the Northwest Quarter of the Northwest Quarter of Section Twenty -two (22), Township Eighteen (18) North, Range Four (4) East in Hamilton County, Indiana. Except the following: Part of the North Half of theJorthwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said section; thence South 0 degrees 05 minutes 47 seconds East (assumed bearing) 461.04 feet along the west line of said section; thence North 89 degrees 42 minutes 14 seconds East 16.50 fee to the point of beginning of this description, which point is at the intersection of the east boundary of Hazel Dell Road and the north line of the owners' land; thence continuing North 89 degrees 42 minutes 14 seconds East 63.50 feet along said north line; thence South 0 degrees 05 minutes 47 seconds East 200.00 feet to the south line of the owners' land; thence South 89 degrees 42 minutes 14 seconds West 63.50 feet along said south line to the east boundary of said Hazel Dell Road; thence North 0 degrees 05 minutes 47 seconds West 200.00 feet along said east boundary to the point of beginning and containing 0.292 acres, more or less. Except the following: Part of the North Half of the Northwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Range 4 East, Hamilton County, Indiana, described as follows: Beginning on the west line of said section, South 0 degrees 05 minutes 47 seconds East (assumed bearing) 461.04 feet from the northeast corner of said sect-ion; thence North 89 degrees 42 minutes 14 seconds East 16.50 feet along the north line of the owners' land to the East boundary of Hazel Dell Road; thence South 0 degrees 05 minutes 47 seconds East 200.00 feet along the east boundary of said Hazel Dell Road to the south line of the owners' land; thence South 89-degrees 42 minutes 14 seconds West 16.50 feet along said south line to said west line; thence North 0 degrees 05 minutes 47 seconds West 200.00 feet along said west line to the point of beginning and containing 0.076 acres, more or less. CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Woodland Springs Christian Church, Inc. FINDINGS OF FACT - DEVELOPMENTAL 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 church building is intended to be used to advance the morals and general welfare of the community. The building is appropriately designed so that the height will not pose a risk of injury to public health and safety. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The design of the church building is in keeping with the asthetic values of the community, is sufficiently set back from adjacent landowners and will in part be screened and /or buffered by appropriate landscaping. 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 height restrictions provided by the Ordinance would not be practical for a building the size of that proposed by the applicant. Further, the variance allows for a design which is recognizable as a church and is fitting for its intended purpose in the community. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Developmental 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 , 199 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals s Vo rms'd evstand . a p p Revised 07/14/97 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). ?age 8 of 8 - Developmental Standards Vanance PoPItion