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HomeMy WebLinkAboutApplicationConn, Angelina V From: Conn, Angelina V Sent: Thursday, June 26, 2014 3:43 PM To: Donahue -Wold, Alexia K; Barnes, David R; Blanchard, Jim E; Duncan, Gary R; Haney, Douglas C; Hollibaugh, Mike P; 'John Molitor'; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie S; 'Greg Ilko'; Davis, Harry L; Jordan, Alex; Boone, Tiffany; Barnes, David R; Crediford, Maggie Cc: wendynoble @sbcglobal.net; wendy.noble @sbcglobal.net Subject: Docket No. Assignment: (A) David Wilkinson's Addition, lot 23, Appeal ( #14060018 A) I have issued the necessary BZA Docket Number for David Wilkinson's Addition, Lot 23, Appeal (A). It will be the following: Docket No. 14060018 A: David Wilkinson's Addition, Lot 23, Appeal. The applicant seeks to appeal the decision of the Director, where the request to tear down an existing Contributing Building in the Old Town Overlay was denied. The site is located at 320 1s` Ave NE and is zoned R -3 /Residence, within the Old Town Overlay Character Subarea. Filed by Wendy Noble, owner. Wendy can be contacted at 317 - 698 -0191. FEES : Appeal $156.50 Total fee due: $156.50 Filing Dates & Deadlines. Petitioner, please note the following: 1. This Item does not need review by the Technical Advisory Committee (TAC). 2. Mailed and Published Public Notice needs to occur no later than July 3, 2014. Published notice is required within the Noblesville Times. Get the public notice ad to the Times by 11:00 a.m., two days prior to the public notice deadline, in order for them to publish it on time (765 -365 -2316 or legals @thetimes24- 7.com). Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6, as well as the Certified Mailings with Return Receipt. (See application). Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM and the location reads City Hall Council Chambers. 3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, July 18, 2014. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 4. The Proof of Notice will need to be received by this Department no later than noon, Friday, July 25, 2014. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This Item will appear on the Monday, July 28, 2014 agenda of the Board of Zoning Appeals Regular Meeting under Public Hearings at 6:oo pm. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for the petition the night of the meeting for the Board's use (Sheet 10 of the application). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 9). 1 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled. Please refer to your instruction sheet for more detail. Planning Department's Preliminary Review Comments; petitioner please respond to the following: 1. Please provide a hard copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office. 2. Please provide filled out and notarized Placement of Public Notice Sign affidavit once the sign is in place. 3. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. 4. Provide the filled out Notice of the Public Hearing before the BZA form. 5. Please provide the Proof of Publication email from the Noblesville Times, once you receive it. 6. The notice to the neighbors should be done by Certified Mail with Return Receipts (signable, returnable green cards). Please provide green signed return receipt cards from the certified mailings once you receive them. 7. Please make checks payable to The City of Carmel. 8. Please also email me digital copies of the plans and building elevations. 9. Please note that additional review comments may be issued from the Planning /Zoning Department within a week or so, after you officially submit the Appeal Application. If you have any questions, please feel free to contact me. Sincerely, Angie Conn, Planning Administrator City of Carmel Planning & Zoning Division Dept. of Community Services 1 Civic Square, 3rd FIr., Carmel, IN 46032 Office: 317 - 571 -2417 I Direct: 317 - 571 -2281 www.carmeldocs.com Please consider the environment before printing this e-mail Fax: 317 - 571 -2426 2 E -mail: aconn @carmel.in.gov I Web: CITY OF CARMEL- BOARD OF ZONING APPEALS APPLICATION FOR ACTION -APPEAL REQUEST ' Id eED Fee: $156.50 - JUL 7 2014 DOCKET NO /90 6 00/1 A DATE RECEIVED: = '' lOC 1) Applicant: A.1 6-A16 y /V0 e G 6 Address: 3749 E e472 Pk? 02. V6O33 2) Project Name: /FORGE gES ,D EJc e Phone: 3/7-6 -0/9/ Engineer/Architect: / Phone: Attorney: 70 e ��T�n-t, •�-�� Phone: Contact Person: 416-A/ y A40816 Phone: 3 17 - (/1/ �o �l 019 Email: enoeyi?o�/COSD` Fax: // /o 6a./. e,f 3) Applicant's Status: (Check the�ppropriate response) t/ (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. 2GGe-r-o, 0 a— , °6-1-4, 0# / e, Page: a 9.4/ Purchase.date: 0021/7/ ?vo 6) Common address of the property involved: 3 P-0 I s r A t/6 /V C 96 03,2-. Lot a3' i n 4a4d Ai;a 4'n4'on's Aald,--ko-, Cr /'/ 0/6 Cyr-me-/, Legal description: /farm:/lo,-Covw 1y, /Kd,•ano.. as pot. p/& 'i' eccd raord'.o( %n oteec R e c-e-rd s-a. Pa e, Q?V Tax Map Parcel No.: /G " /o " 3 0 - 0 - 01 -0 0 6 . 0 0 0 ;,, o/6ce, or14,Q_ ti c r , e/ /- y.J /-fo Co, 7) State explanation of requested Appeal: (State what you want to do and cite the section number(s) of the /N Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal). G/f .2.3 : OGO TO,,vni D/STRICT- CV-Eat 4Y ZONE a 3 0 • Opt ,B. S. &.4.71 o I,.74-e n - /Qep-4-.4 d n ed 8) State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Findings of Fact-Appeal"). / _ce 9) Present zoning classification of the property: I -.3/i 'eSiddifl Cr 641 To Ls/h Oiteckul• 10) Present use of the property: �, ,� �.� ��_ , L 068--vt�� r / / BZA Appeal Application-pg 1 rev. 12/17/2013 11) Size of lot/parcel in question s 02S acres 12) Describe the proposed use of the property __' ���.� �•`_�_ 13) Is the property: Owner occupied Renter occupied _ Other_ Vet Ca-n9.? 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, de/cisioonn rendered and pertinent explanation. bb G�fZ�c�1 2Y- /VO4/00 .2 9 str2 15) Has work for which this application is being filed already started? If answer is yes, give details: A/O Building Permit Number: Builder: 16) If proposed appeal is granted,when will the work commence? irn net ea g Z.. 17) If the proposed appeal is granted,who will operate and/or use the proposed improvement for which this application has been filed? ar L _ k1/40,047. A 7 // NOTE: LEGAL NOTICE shall be published in the Noblesville Times 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. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: %/ The applicant certifies by signing this applic io that he/she has been advised that all representations of the Department of Community Services are advisory only and t t the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. BZA Appeal Application-pg 2 rev.12/17/2013 Docket No: 14060018A Petitioner: Wendy Noble Findings of Fact — Appeal The overall subjective nature of the decision opens the door for appeal. The determination of "Significance" was made by referencing the 'Old Town' Carmel Survey, completed in 2008. This simplistic survey contains inaccurate information, and was completed by an Intern. There' is no mention of this Survey in the Overlay. Additionally, the Survey was completed two years after I. obtained ownership. Significant work was completed during that time which greatly improved the• "curb appeal ". I believe the condition of the home would not have received a positive rating had the survey been done in 2006. The District has experienced significant and vast development since 2008. Many homes identified as "Contributing structures" have been demolished by Developers and replaced. The City of Carmel specifically acknowledged the substantial redevelop of Old Town in the Comprehensive Plan (page 90). For those reasons, I believe the relevance of the previous surveys and definitions of contributing buildings is questionable. This past December, a member of the Carmel Historical Preservation Commission, after examining the interior and exterior of the property, stated that he would not consider the home to be of a contributing character; a demolition and complete remodel was recommended. believe the existing structure to have little material significance. The Toss of the structure would have no impact on the character of the District. The proposed new structure received little consideration. Although I was asked to make changes to the design (extending the stone base along the side, changing the material on the roof gables, and adding windows), no details were provided to explain the opinion that it would not enhance the overlay more than the existing structure — only that it "would not clearly be of greater significance ". I believe the proposed design reflects the goals of the Overlay, contains features and materials that complement the new homes recently built in the District, and enhances the District in multiple ways. The Comprehensive Plan states that the City is "encouraging reinvestment" in its Downtown /Old Town sub area. I'd like an opportunity to make to make a reinvestment in the property that would accommodate my family, as others have been allowed to do. Many hours of research and significant dollars have been spent in an attempt to determine the best way to improve this property. It is disappointing to receive a decision that is vague and a matter of opinion. AFFIDAVIT I, being duly sworn depose and say 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: P-1 (Propert ner, Attorney, or Power of Attorney) �(-4-/k/i/ s //Oa I E (Please Print) STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. (Signature of Petit. er) /J County of /��m (�t—�'1 -OZan r-% Before me the undersigned,a Notary Public (County in which notarization fakes place) for H/ -»,, L./)-") County, State of Indiana, personally appeared � (Notary Public's county of residence) 1 L 9 5- /0d.566_ and acknowledge the execution of the foregoing instrument this (Property Owtner, Attorney, or Power of Attorney) `7/1..... day of ■.J(./Ly _ , 20 / . (day) (month) ' i-ar)/r /Ate (, ..,,,,,vl '7'.-i ;t/f,, 1 Notary °ublic--Signature r. /-I,M-- / - Q- 6/141-A- .,-,- � - SI u, =. Notary Public--Please Print q— i -- ,.s ° ,' ® _.- My commission expires: Pyd {,�..........••', `. ,s. . BZA Appeal Application-pg 5 rev.12/17/2013 0_0 0 �, 1eeo0" �a 000 El Crr EL JAMES BRAINARD, MAYOR June 17, 2014 Ms. Wendy Noble 320 1st Avenue NE Carmel, IN 46032 Re: 320 1st Avenue NE - proposed new home and house demolition Dear Ms. Noble: This letter is in response to your request dated 22 April 2014 for Site Plan and Design Review approval for a new home at the above referenced address, requiring demolish of the single - family dwelling that currently exists on the property. The conclusions in this letter shall serve as an official Director's determination that may be appealed to the Carmel Board of Zoning Appeals if filed within thirty (30) days of issuance of this letter, or the determination is final. The existing dwelling is designated as a Contributing Building as defined by the Carmel Zoning Ordinance, Chapter 23D, and as identified on the OId Town Overlay Zone Map, Figure 3. The Zoning Ordinance for OId Town Carmel provides four (4) principle criteria to guide decisions by the Director of the Department of Community Services when determining whether demolition of a Contributing Building in Old Town will be allowed: i. Structural conditions of the building that pose an imminent safety hazard. ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair the building for any reasonable economic use. iii. The architectural and historical significance of the structure individually, in relation to the street, and as a part of the district as a whole. iv. Replacement value, if it can be determined that the proposed new development which it replaces is of greater significance to the enhancement of the overlay district than retention of the existing structure. Inspection of the premises by Carmel Building Commissioner Jim Blanchard, Department of Community Services (DOCS) Planning staff, and me on 9 June 2014 revealed the home's visible structure to be of generally sound condition, with some water infiltration, basement moisture and moisture related problems including the appearance and odor of mold. The visible foundation while in need of repair in places did not appear to be in such an advanced deteriorated condition to be unrepairable; and including foundation moisture problems to be repairable at a reasonable cost. DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426 MICI-IAEL P. HOLLIBAUGH, DIRECTOR Ms. Wendy Noble page 2 Re: Proposed demolition - 320 1st Avenue NE, Carmel, IN Air quality in the basement was poor, with high moisture content and the noticeably strong odor from mold. It was observed by the Building Commissioner that crawl space ventilation has been blocked in areas which may affect air flow, thus contributing to moisture and air quality issues in the basement. The presence of moisture and mold, unless presented otherwise with evidence from you, can be mitigated and remediated; including installing perimeter drainage; sealing the exterior foundation; improving basement air flow and duct cleaning and possibly updated HVAC equipment. The condition and layout of the home, while not modern in style or function, especially when compared to the new construction which has been occurring in the Old Town area, can be improved through home renovation, and possibly through room addition(s) or expansions. As such, the condition and layout factors would not, by themselves, justify demolition of the home. In consideration of homes historic or architectural significance, the Department referred to the 'Old Town' Carmel Survey by the Ball State University Center for Historic Preservation, prepared for the Carmel Clay Historic Society in 2008. That survey concluded the subject property to be in "excellent" condition; of generally unaltered vernacular architectural style that "would contribute to a potential National Register Historic District ". A copy of the Ball State survey for this property is attached. It is worth noting that the new house proposed by you to replace the existing Contributing Building, while a more substantial structure of greater monetary value than the existing home, would not clearly be of greater significance to the enhancement of the overlay district — versus the negative impact on the district from loss of the existing structure . It is with consideration of the ordinance criteria for demolition; inspection and observation of the home, lot and surrounding real estate that your request to demolish the Contributing Buildings at 320 1St Avenue NE is hereby denied. If you wish to discuss any of the above, please contact me at 317 571 2422, or via email at mhollibaugh @carmel.in.gov. Yours truly, Michael Holii Copy: Carmel -Clay Historical Society, attn. Katherine Dill Indiana Landmarks, attn. Mark Dollase Carmel City Attorney, Douglas Haney 's: L o .9 r71 7 H `O •C ta b CL o e L r. T. ❑ DA C R v -0 a c fi. ^ R > y �^ O d @ O C. .n r C 9 ad • '''� W .`0 7 O O C. co O U „ - c e c ❑ .e 4 u ...Z 0 O O i L C—a0 0 .. s :... R '. y C U m ... c Ir L ad im ❑ m v s. o ❑ .� R y =; R ° a ❑ a n lii U II ! o ..Y G C• F + -.. r� "rtC. Q ❑ C .. Z W (/) = .0 w, a U y y .a D ! ❑ LC rm+` "i CI ^ s a 3 C d Q 1 ; 0. u o y ea ° U 0 L ❑ R z', , U Q V O = E. 1.-' ❑ ,W t C▪ U u O p c c c S ❑ 7 .1: 9 i� Z � ❑ .c 9 .. 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