HomeMy WebLinkAboutApplication Lopez, Alexia K
From: Lopez, Alexia K
Sent: Wednesday,July 30, 2014 1:40 PM
To: Barnes, David R; Blanchard,Jim E; Conn, Angelina V; Duncan, Gary R; Greg Ilko; Haney, Douglas
C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling,Adrienne M; Keesling, Rachel M;
Littlejohn, David W; Lopez, Alexia K; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren;
Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie S
Cc: 'Paul G. Reis'; Kevin G. Buchheit, AICP (kbuchheit @kdlegal.com)
Subject: Docket No. Assignment: (V) McAteer Guest House, 951 W 116th St (#14070022-23 V)
I have issued the necessary Docket Number for(V) McAteer Guest House,951 W 116th St. It is the following:
(V) McAteer Guest House,951 W 116th St
The applicant seeks the following development standard variances to build a new guest house:
Docket No. 14070022 V ZO CH 25.01.01.B.3.A: Accessory Building to be Setback 25 ft Behind Front of Home,guest
house requested forward of home
Docket No. 14070023 V ZO CH 25.01.01.8.1: Max Height 18 feet
The site is located at 951 W 116th Street and is about 27.7 acres. The property is zoned S-1/Residential within the 116th Street
Overlay. Filed by Paul Reis with Krieg DeVault LLP, on behalf of the owners.
Paul can be contacted at(317)238-6293, or at preisPkdlegal.com.
Filing Fees: Development Standard Variance Residential, Hearing Officer $160.00
Each Additional: ($95.00)
Total Fee $255.00
Filing Dates&Deadlines. Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than August 15, 2014. Published notice is required within the
Noblesville Times. Get the public notice ad to the Times by 11:00a.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(see application). Make sure the public
notice meeting time to the newspaper and neighbors reads 5:30 PM and the location reads City Hall Caucus Room.
3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON,
Friday,August 15, 2014. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition. (See item 6 on page 3 of the application.)
4. The Proof of Notice will need to be received by this Department no later than noon, Friday,August 22,2014. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the August 25, 2014 agenda of the Board of Zoning Appeals Hearing Officer Meeting under Public
Hearings at 5:30 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).
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:
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• CITY OF CARMEL-CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA •
APPLICATION FOR BOARD OF ZONING APPEALS ACTION , ��)
DEVELOPMENT STANDARDS VARIANCE REQUEST t
FEE: Single Family (Primary Residence) $309.50 for the first variance, plus$95.00 for each additional section of the
ordinance being varied. NCI
All Other$1,226.50 for the first variance, plus$579.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. 19 oloog ,- 3 Ni DATE RECEIVED July 17, 2014
1) Applicant: Ennis Custom Homes on Behalf of Jeff and Liyan McAteer(Owners)
Address: 4284 W. Angels Way, Bloomington, IN 47403
2) Project Name: Guest House Construction
Project Manager: Brad Ennis, Ennis Custom Homes Phone: 812-287-1878
Engineer: Kara Strickland, A&F Engineering Phone: 317-202-0864
Attorney and Contact Person: Paul G. Reis, Krieg DeVault LLP Phone: 317-238-6293
Email: preisCc�kdlegal.com
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Applicant is the contractor for the Owner.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Liyan McAteer
Owner's address: 13249 Frogmore Street, Carmel, Indiana 46032
Owner's Phone:
5) Record of Ownership:
Deed Book No./Instrument No.: Instrument#2014-02070
Page: " Purchase date: 1/23/14
6) Common address of the property involved: 951 W. 116"'Street
Legal description: Please See Attached
Tax Map Parcel No.: 17-13-03-00-00-006.000
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).
Variances to allow for construction of a guest house (Accessory Building) in front of the Front Line of the
Principal Building (25.01.01 B.3.a.i.(a)) and for the height of the guest house to exceed 18 feet
(25.01.01 B.1.)
Page 1 of 7
• •
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled"Findings of Fact-Development Standards Variance").
The site is a very large estate lot but the rear portion of the lot behind the principal residence drops off
severely in grade toward Williams Creek. Therefore, the location of the guest house is proposed to be in
front of the principal residence as shown on the attached site plan. An aerial photo is also included of the
site and the adjoining properties. The guest house has been designed to be consistent with and
complimentary to the principal residence and the surrounding homes. Please see the attached building
elevations.
9) Present zoning of the property (give exact classification): S-1 and 116th Street Overlay
10) Size of lot/parcel in question: Approximately 27.7 Acres
11) Present use of the property: Single Family Residential
12) Describe the proposed use of the property:
Same with guest house
13) Is the property: Owner occupied X
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.
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?
Immediately.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Applicant will construct the guest house for the Owners.
The Applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
***The Applicant respectfully requests that these variance requests be heard by the Hearing Officer on August 251
2014.
Applicant Signature:
ENNIS CUSTOM HOMES LLC
By: /�i' . /►
• . Reis Att. ney for Ennis Custom Homes LLC
Page 2 of 7
• .
AFFIDAVIT
I, hereby swear that I am the attorney for the applicant involved in this application and that the foregoing statements and
answers herein contained and the information herewith submitted r
a e in all respects true and correct to the best of m
P my
knowledge and belief. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this
application and subsequent hearings and testimony.
Signed / • • !4 201
'au! Reiss Date
A ' • -y for(Ennis ustom Homes LLC
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis
and acknowledged the execution of the foregoing instrument this !li% day of July 11, 201.
i�,, a a cz..4.0.0-)
otary Public
Printed
BARBARA A.CACCIOTTI
My Commission Expires: 2NOTMYt Mor!anCoon
.S , My Commission Expires
''•4'°i^'°'' June 14,2015
My County of Residence: ? ....."'.."'
•
Page 3of7
•
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Ennis Custom Homes LLC
Variance: Height of Accessory Building to Exceed 18 feet
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 proposed height of the guest house is consistent with and complimentary to the other single family
residences on the adjacent properties.
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 proposed guest house is designed to be compatible with the existing homes in the area.
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 proposed guest house will provide temporary lodging and extended stays for guests of the owners,
including their parents and as such the construction of the guest house requires a maximum height in excess
of 18 feet to provide for comfortable quarters and to be consistent with and complimentary to the principal
residence and the surrounding homes.
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).
Page 5of7
•
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Ennis Custom Homes LLC
Variance: Location of Accessory Building
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 proposed location and design of the guest house is consistent with and complimentary to the other
single family residences on the adjacent properties.
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 proposed location and design of the guest house will be compatible with the existing homes in the area.
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 lot has a severe grade change as you move south and down toward Williams Creek making the location
of the proposed guest house at least 25 feet behind the Front Line of the principal residence or at least 25
feet behind the Building Setback line impractical.
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).
Page 7 of 7
EXHIBIT A
Legal Description
A part of the Northeast Quarter of Section 3, Township 17 North, Range 3 East, Hamilton
County, Indiana, being more particularly described as follows:
Commencing at the Northeast Corner of said Northeast Quarter; thence North 90 degrees 00
minutes 00 seconds West (assumed bearing) 1652.23 feet to a mag nail found at the Northeast
corner of the land described in Instrument No. 99-14605 recorded in the Office of Recorder in
Hamilton County, Indiana being the POINT OF BEGINNING; thence along the perimeter of
said land the following 7 (seven) calls: 1.) South 01 degree 25 minutes 52 seconds West 562.19
feet to a 5/8-inch rebar with yellow plastic cap stamped "WEIHE ENGR. 0012" (rebar); 2.)
South 06 degrees 21 minutes 50 seconds West 125.00 feet to a 5/8-inch rebar with no cap; 3.)
South 00 degrees 04 minutes 00 seconds East 170.00 feet; 4.) South 06 degrees 29 minutes 50
seconds East 125.00 feet to a rebar; 5) South 00 degrees 04 minutes 00 seconds East 695.75 feet;
6.) North 69 degrees 54 minutes 00 seconds West 1035.97 feet to a rebar; 7.) North 04 degrees
55 minutes 00 seconds West 532.58 feet to a rebar at a corner of the land described in Instrument
No. 200200053218 recorded in the Office of said Recorder; thence along the perimeter of said
land the following 4 (four) calls: 1.) South 89 degrees 51 minutes 00 seconds East 11.76 feet; 2.)
South 00 degrees 52 minutes 59 seconds West 2.47 feet; 3.) North 89 degrees 58 minutes 29
seconds East 355.00 feet; 4.) North 00 degrees 52 minutes 59 seconds East 792.00 feet to a mag
nail found on the North line of said Northeast Quarter; thence along said North line North 90
degrees 00 minutes 00 seconds East 652.33 feet to the POINT OF BEGINNING, containing
27.75 acres, more or less.
KD 644378 1.DOCX