Loading...
HomeMy WebLinkAboutApplicationCITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES: Single Family (Primary Residence) $324.00 for the first variance, plus $99.00 for each additional section of the ordinance being varied. All Other $1,286.00 for the first variance, plus $607.00 for each additional section of the ordinance being varied. OR, see Hearing Officer Option & Fees. DOCKET NO. 1) 2) 3) 4) 5) 6) 7) DATE RECEIVED: Annlicant: Hamilton County Neighborhood Development, Inc. Address: 347 South 8th Street, Suite A, Noblesville, IN 46060 Project Name: Home Place Housing Gardens Phone: 317-674-8108 Engineer/Architect: grad Schrage, American Structurepoint Phone: 317-547-5580 Attorney: Joseph D. Calderon, Barnes & Thornburg LLP Phone: 317-231-7787 Contact Person: Michelle Westermeier Phone: 317-674-8108 Email:michelleC@handincorporated.org 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. (c) Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved: Curtis and Marcia Stumm Owner's address: 6050 E. 161 st Street, Noblesville, IN 46060 Phone: Record of Ownership: Deed Book No./Instrument N0.9346959 Page: Purchase date: Common address of the property involved: Legal description: See attached East 106th Street Tax Parcel ID No.: 17-13-12-01-05-002.000; 17-13-12-01-05-022.000 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). Petitioner plans to develop approximately 2.4 acres of unimproved property located between 105th and 106th Streets and just east of McPherson. Petitioner is a not for profit providing safe and affordable housing for residents of Hamilton County. This planned community requires a variance of Chapter 2, Section 2.04 of the City of Carmel Zoning Ordinance in order to construct ten (10) single family dwelling units on two (2) lots (which will be combined into one lot). One single family dwelling unit per lot permitted. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Development Standards Variance"). 1. The density will be compatible with the R-3 zoning classification. 2. The amount of open space available to occupants is significant and meaningful. 3. The shape of the parcel is not conducive to traditional subdivision layout. 4. The proposed use serves a community need. 9) Present zoning classification of the property: R-3 10) Size of lot/parcel in question: 2.4 acres acres 11) Present use of the property: None 12) Describe the proposed use of the property: 10 single family dwellings 13) Is the property: Owner occupied 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, instrument no., decision rendered and pertinent explanation. _ - None known 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: No Builder: 16) If proposed appeal is granted, when will the work commence? Spring 2017 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Petitioner will own the improvements though an affiliated entity, and the improvements will be professionally managed by a third party property manager. NOTE: LEGAL NOTICE shall be published in the newspaper according to the Chart on page 5 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) FIRST CLASS MAIL WITH CERTIFICATE OF MAILING 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. The applicant understands t at docket numbers will not be assigned until all supporting information has been submitted to the Deparf6lient of ommunit Services. Applicant Signature:Date: The applicant certifies by signinthi a r ation that he/she has been advised that all representations of the Department of Community Services are adviso o ly and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her orney. 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. 1, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed: (Pro y Owner, At orney, or Power of Attorney) Date Marcia K Stumm (Please Print) STATE OF INDIANA / SS:��— County of W, i Before me the undersigned, a Notary Public (County in which notarization takes place) for -1 j� rY tLi I County, State of Indiana, personally appeared (Notary Public's county of residence)tu ,,�/� �V 1 d� c/t�'�' Y V l and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney,, or Power of Attorney) IZday of __�, ��1 (J V/lu -, 20 CINDI NELSON ;.t Sth.E Op i� Notary Public--Signat re t ry Public, state of Indiana � 4mitton County- '. SEAQ ,� � Commission # 670732 %. ,,.,.•P ��. My Commission Expires ; ;;;...` July 23, 2023 Notary Public --Please Print My commission expires: 7(d,3abc� 3 Page 3 - tdename: development standards variance 2076 V.2.doCX rev. W0116 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: .GL =�( Lk A___­�, (Property Owner, Attorney, or Power of Attorney) Date STATE OF INDIANA Curtis M Stumm (Please Print) SS: 303 - p'�(j _ 0-t �- & t County of C.t i t� Before me the undersigned, a Notary Public (County in which notarization takes place) c forwL t County, State of Indiana, personally appeared (Notary Public's county of residence) 5f.U.MW and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) I 2� - day of &A, 20 0� 0 Tuuuy� pA,' DI NELSON �..k. Notary Np1Ap Public, slate of Inoionc: =_ �'• *Z Hamilton County n st A� . Commission # 670732 t %� ;; • �` My Commission Expires r July 23, 2023 ; c -In otary Public --Signature Notary Public --Please Print My commission expires: Page 3 - filename: development standards vanance 2016 V.2.doCX rev. 6130116 CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No.: Petitioner: The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the development density is compatible with R-3 zoning, there is adequate access to the site, there is adequate street parking, and there is adequate open space. 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: there will be adequate separation of the proposed units from existing homes, there will be a buffer yard, and there is no proposed shared vehicular access with adjoining properties. 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 shape of the property makes it impractical to develop it as a traditional subdivision "because a public street would reduce lot sizes to a degree which is not feasible. DECISION IT IS THEREFORE the decision of the Carmel 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 CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 12 — filename: development standards variance 2016 v.2.docx rev. 6/30/16 106TH STREET — _ 0 m iLn w MULTI -USE PATH I I ---------------- -- -- mi2 2 1 1 �i BDRM BDRM BDRM BDRM Ln I_ I NI 5' WALK I I 3 I I BDRM I I I I I I I ❑ ,i 3 BDRM 13.4' 1 1 1 20.0' I I I I I I I I ---------- --J I IPLAI I I I�- I --J 1 dROU�JD I I I I I I I I I I I 10.0' TYPE "B" BUFFER YARD AND PLANTINGS ( I I GARDENI ( I I AREA I I � I I I -- -- I I 1 1 I I I BDRM BDRM 10.0' TYPE "B" l i I I I BUFFER YARD AND PLANTINGS !BD M -- I _ j 1 I BDRM I 1 I I _ I 20.0' RAIN GARDEN j i I 105TH STREET I I I I I I MASONRY STALL DUMPSTER ENCLOSURE I II i 1 I I II 10.0' TYPE "B" BUFFER YARD AND PLANTINGS FEA I IMPERVIOUS COVER = 28% Li i,( - I HOME PLACE E. 105TH STREET Scae: 1"=75' SITE w0 ° °'' AMERICAN HOUSING AND LAYOUT Drawn By: DGF ■ STRUCTUREPOINT GARDENS MCPHERSON -.-. INC. STREET Checked By: BNS f CARMEL, IN 0 4 Date: 10/13/2016 7260 Shadeiand Station I lndianapoIF,, Indiana 46256 !Vl Job No.: 2016.00348 o TEL 317 547 FAX 317 543,0270 www 1-1 repot l— !0 : {ET �§, !f: \§ \ \ ,Lu am_eme SN a» (INV aHISsa \ ,;mev }�, )Lij SNEIMNO SNISAOH / N {M / \\ \!§\\ > ]OV]d ]nOH / |Q !0 �§, !f: \§ \ \ ,Lu > /�, 3 }�, )Lij . \ {M / !; 2 > / !:w : !0 J \§ \ \ ,Lu > 3 . \ , \yg R S! !I �0 k t®� � !f� a ee= a N Sma+»neva�aa \§ SN]ORJVS SNISAOH \ �u> 30V]d ]nOH ,u / \\ } a o 9 u v � �0 :§, \ !f� a \§ } �u> \ ,u / \\ } \\ \ au § 2 _ �0 \ ]\§ a \§ } ,u : \� \� (f-) N Cl) v 9.1 CO • d�i6 z 2 a3o O p � 11 r I VNVIONI 'l3WNV0 M '1S NOSH]HdOW (INV IS H190L '3 SN3a2]t1O JNISf10H N 30`d -1d 3WOH 9L l Cl 0 £l v N Cl) v 9.1 CO • II I I -i N Cl) v 9.1 CO Jr - :b VNVIONI 13W21VO a I r iS NOSN3HdOW ONV'iS HiSOI 3 r SN302JVO ONisnOH g ° °'� s M- 3OVId DWOH Cl v 'n m M U) L7 to y- p fir � Seo 7� t ,gyp VNVIONI 19VY /O '1S '3 a �\ �e° ��" NM13HdOW ONV 1S H190L m V d" ar►Uoa�Tt{�a� ;,v rt3 rad rl, b t SNEICRWO ONisnOH xx § tt 30VId DWOH SQ�Q 3 M U) L7 - S; \2§ k ( am<,»wa ' a SmSH3 am (INV aHigea « `� SN]O�vS SN|SAOH , ]OV]d ]MOH a o a u v - C) 0 M o —C) Z m 5 O N d' N O U 0 w $a$p t*# } ttr41 }Fpm# b + d } tldt aF$ $ t4{ �$*o t# }d#}$6a*a#°$ add}t} e} 4�}t#d4i } 4$*p44 ta a #t}o4d4 * d®+ d}} 4 � *}dd#d}a41ki d$}*a#t },y4p a # w 6}}4444}* #* d} Odd} aod}4d$4 *t04d}44*aad#} * }4s$4 *#}d04 *#}#04p4}F*4$ t}4t0#}dd}W044i 4d$644*#p$*db4$#t }4 �o #* a # t } 4} e ** } t # }**}44 * #d$a*�dd'�}44 }#odd $ 4 ¢* }4*Fi#°td tea+qd�}d}4**#$$*.,b'b4*t#°it#$}4$4*4$} 044 *$*#}4904 d}4�'$ *da*�k$4r'a,p$$td04 4�4ta 4s $ 4}* �° $4}�44, d $4 }a �*#ad}}d4dd•} 4 � $$*a d #d}}t#$a44 *44 d0t4 ***} 4 d #4d*aid#a frail}44*�4a� 4 d}4, 44}#i}d##d04�a}*id�iaR4}049*w#$*#} t0@40�$*#}d * as#�}td}}4a44�$� 4d}i4tta�4r �� }d#d} $ $�4** d $*dd}0$4x04 g#0#04 q�* a}d4t004d0�'�$at+#�i#}}d#}040 #4}*i }d4 a$ #dd}0* 4' 044 *#at`}d#dd}}040 *1 04 i}#F��*dat}td}044*$#4}Ad}}$044 *a6d}4d}$4 #4}t}4aata4ot$$� t } 44te}a4�4o* }da#d } # +�$�$* dna m d a #q*d� }d44r4, o 4 * }4*$4 oa�a4tod°oxo}4#ot�ooe$4*t°d$a 4$1 *4#�$a*`o0}4* tea+roe $d$4*4a ��* t°*apt°° a.* . e.., M 4k IF*' ***# } #40F4p t*d$a*9 to *a� ,;N oto Fta }#40*$ata**ot} }#4$t$*#p F#F4 E N O � O 7: Calderon, Joe From: noreply@civicplus.com Sent: Tuesday, October 11, 2016 10:48 AM To: Calderon, Joe Subject: Online Form Submittal: Adjoiner Form - Property Notification List Property Owner Curtis and Marcia Stumm Petitioner Hamilton County Area Neighborhood Development; Inc. Zoning Authority Carmel BZA Applying To: Number of Subject 2 Parcels Parcel Number of 17-13-12-01-05-002.000 Property Additional Parcel 17-13-12-01-05-022.000 CONTACT INFORMATION Name Joe Calderon Phone 317-231-7787 E-mail icaiderona-btiaw.com *Note Due to volume and turnaround, orders take 3-5 business days for processing. Transfer and Mapping will appropriately notify the contact when their order is ready to be picked up. Email not displaying correctly? View it in your browser. 1 9346959 PITT-• r%1T7,rrD rOTt TAXAT1011 .. for transfer Bub: Uce ojthis jornt constinuee practice nj/mr aJul islimited in practicing lauryerr. ©Copyright, 1956, 1961, revised 1992, byIndianapolis Bar Association.dttor Parcel No. 13-12-01-05-002.000 / 4� 3AwlitonCo..V CORPORATE WARRANTYa THIS INDENTURE WITNESSETH, That Paul E. Estridge Corp. an Indiana corporation (Grantor), a corporation organized and existing under the laws of the State of Indiana CONVEYS AND WARRANTS to Curtis M. Stumm and Marcia K. Stumm, husband and wife (Grantee) of County, in the State of Indiana , forthc sum of One and 00/100------------------------- Dollars($ 1.00 ) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, in the Stale of Indiana: Lot Number 20 and 79 feet by parallel lines off the entire North side of Lot Number 19 in Little Farms Addition to the Town of Homeplace, Hamilton County, Indiana, recorded in Deed Record 109, pages 50 and 51 in the Office of the Recorder of Hamilton County, Indiana. ALSO: A Part of the Northwest Quarter of Section 12, Township 17 North, „- Range 3 East, being more particularly described as follows: Begin at a point 1371 1/4 feet east of the northwest corner of Section 12, Township 17 North, Range 3 East, run thence East 240 feet, thence south 181 1/2 feet; thence West 240 feet; thence North 181 1/2 feet to the beginning. �+� This Instrument Recorded ,�rp 1Mron K. Cherry, Recorder, Hamilton Coui(y,19 THIS CONVEYANCE IS SUBJECT TO REAL ESTATE TAXES DUE AND PAYABLE IN NOVEMBER, 1993, AND THEREAFTER. THIS CONVEYANCE IS NOT SUBJECT TO THE PAYMENT OF INDIANA CORPORATE GROSS INCOME TAX. Subject to any and all casements, agreements and restrictions of record. The address of such real estate is commonly known as Tax bills should be sent to Grantee at such address unless otherwise indicated on the back. The undersigned persons executing this deed on behalf of Grantor represent and certify that they are duly clected officers of Grantor and have been fully empowered, by proper resolution of the Board of Directors of Grantor, to execute and deliver this decd; that Grantor has full corporate capacity to convey the real estate described herein; and that all necessary corporate action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has executed this deed this oZa u day of SEP -1 i9� P Es 9e xP m f Corporati art (SEAL) ATTEST: By By Signaturegnature'. Gary Mc utt"::>Xecutive Printed Name, and Office Prmte ame, and Office- STATE ffic-STATE OF INDIANA COUNTY OF HAMILTON SS: Before me, a Notary Public in and for said County and State, personally appeared Gary L. McNutt and Exec. V. P. and Paul E. Estridge Corp. execution of the foregoing Deed for and on behalf oftsaid nto the representations therein contained are true. �A. Witness my hand and Notarial Seal this 2c y commission expires: Signature nS?�V PU" P:ILLIAM 9.OLSrN Printed MY COM h1f�SIE'by ESG.30.9fi6!Y1YRcsidentofJantes JNelson instrument prepa , the respectively of who acknowledged been duly sworn, stated that 19gv Notary Public County, Indiana, Attorney at Law, Tax Statements To: 1153 E. 106th Street, Indianapolis, IN 46280