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Home My WebLink AboutApplication itZe-0-4.-e--6/0))caiCCA-C /c2j( -1-et-JL-11(!) TYPE APPLICATION CITY OF CARMEL / CLAY TOWNSHIP HAMIL'T'ON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DCCCET NO. V a D U DATE RELIEVED e / (1) Applicant: Don Lewis : Colonial Village Craftsmen, Inc . Address: Zionsville , Indiana 667 Springhills Drive PHONE: 873-4245 _ ' (2) Project Name: Lot #56 Cedar Point subdivision Engineer / Architect: Weihe Engineers , Inc . PHONE: 846-6611 Attorney: None (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 XX (c) Other: Contractor (4) If item (3) (c) is checked, please complete the following: Owner, of 'the property involved: Frank W. & Mary Ann McMurry Owner's Address:769 Cpdar Place Carmel . IN . PHONE: 843-9743 46032 (5) Record of Ownership: Deed Book No. : 348 Page: 500 Purchase Date: April 29 , • 1985 (6) Common Address of, the Property Involved: 762 Cedar Place Carmel , Indiana 46032 Legal Description: Lot #56 Cedar Point Tax Map Parcel No. : 13-10-04 , Parcel 006 .000 PAGE 2 (7) Type of Appeal: (check the appropriate response) XX (a) Request for a variance according to Section 30.4 Use Variance • XXDevelopmental Stan(lards Variance (b) Request for an Appeal from the Decision of the Director of the Department of Community Development according to Section 30.1. (c) Request for a Special Use according to Section 21.0 (8) State explanation of requested Appeal: (State what you want to do and cite the section number of the Zoning Ordinance which applies and / or creates the need for this Appeal.) Requesting Variance from Section 5 .4. 2 of the Zoning Ordinance Platted subdivision (Cedar Point) contains 35 .0 foot Front Building Setbsck Line throughout Requesting variance for right of encroachment onto 35 .0 foot Front Building Setback Line (9) State reasons supporting the Appeal: (If filing for a variance, com- plete the attached form entitled "Findings of Fact-Variance") The dwelling on lot #56 in Cedar Point is presently under construction and for all practical purposes complete, of which the south corner of the dwelling encroaches upon the 35 .0 foot building line a distance of 4 . 2 feet due to a surveying error . (10) Present Zoning of the property: (Give exact classification) S-1 (11) Present use of the property: Residential - Developed (12) Describe the Proposed Use of the Property: Residential Lot (13) Is the property: XX Owner Occupied Renter Occupied Other: (14) Are there any restriction, laws, Covenants, variances, special uses, governing the property which would prohibit its use for the purpose specified in this application? If answer is "yes," attach a copy. NO PACT,, 3 (15) Has work for which this application is being filed already started? If answer is "yes," give details. Yes : The dwelling on lot #56 is presently under construction and for all practical purposes complete . (16) Has there been any previous appeal filed in connection with this property? If answer is "yes," give the date and the decision of the appeal. NO (17) If proposed appeal is granted, when will the work commence? Work has already commenced. (18) If the proposed Appeal is granted, who will orperate and / or use the proposed improvement for which this application has been filed? The Owner (19) Type of Notification (check the appropriate response) XX (a) LEGAL NOTICE in the Noblesville Daily Ledger (attached Publisher's Affidavit) XX (b) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining • property owners. (attached Proof of Mailing and Return Receipts) (c) HAND DELIVERED to adjoining property owners (attach Petitioner's Affidavit of Notice of Public Hearing for hand delivered notification) . NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST BE DONE TEN (10) DAYS PRIOR TO PUBLIC HEARING DATE . (20) Name and Address of Adjacent Property Owners: See attached list CERTIFICATION BY AUDITOR: As Auditor of Hamilton County, I hereby certify the names and addresses as listed in item number twenty, (20) above are true and accurate as they pertain to this a+plica AUDITOR, HAMILTON COUNTY ' Lf2 -C-E Adjacent and Abutting Property Owners Michael J . & Debra L. Siegel 751 Cedar Place Carmel Indiana 46032 Dr . Eugene D. & Dorothy A. Vanhove 707 Cedar Place Carmel, Indiana 46032 Harry W. & Constance C . Earle 10400 Hussey Lane Carmel , Indiana 46032 Fred & Sharon Dorman 718 Cedar Place Carmel, Indiana 46032 Thomas A. & Norma J . Roush 740 Cedar Place Carmel , Indiana 46032 Brian D. & Jane G. Edington 784 Cedar Place Carmel , Indiana 46032 PAGE 4 The applicant understands that Docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Development • The Applicant certifies by signing this application that (he or she) has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appro- priate subdivison and zoning ordinance and / or the legal advise of (his or her) attorney. PAGE 5 AFFIDAVIT (I or We) being duly sworn depose and say that (I or We) (am or are) the (owner (s) ) (contract purchaser (s) ) of property involved in this application and that the foregoing signatures, stats and answers herein contained and the information herewith submitted are in all respects true and cor- rect to the best of (my or our) knowledge and belief. Signed: _y 4 ��L C - ��xr_ z. Subscribed and sworn to before me• this .25 day of1 , 1986? . d • Notary Public 0--)c-nA _75 ITK< Commission Expires DO NOT WRITE IN THIS SPACE The foregoing application has been inspected by me and was filed with the Department of Community Development for consideration by the Carmel/Clay • Board of Zoning Appeals in accordance with all the formal requirments and procedures. If properly advertised by the applicant,, the application will be heard in public hearing on the day of , 198 . Signed: Date: NOTICE OF PUBLIC HEARING BEFORE THE •� Di BOARD OF ZONING APPEALS Docket No. V Notice is hereby given that the Carmel Board of Zoning Appeals , meeting on the 25th day of August, 1986at 7 :00 P .M. , in the City Meeting Hall, 15 First Avenue N.E. , Cannel, Indiana 46032 will hold a Public Hearing upon a Zoning Variance application for Lot #56 Cedar Point proLrty being known as Lot #56 Cedar Point C/ G The application is identified as Docket No. V D D The Real Estate affected by said application is described as follows: Lot Numbered 56 in Cedar Point, an addition in Hamilton County, Indiana, as per plat thereof recorded in Plat Book 6 , pages 131-132 , in the Office of the Recorder of HamiltoruCsouty,gainaption) 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 tine and place. Don Lewis : Colonial Village Craftsmen, Inc . PETITIONERS Revised 9/82 CARMEL BOARD OF ZONING APPEALS / CARMEL, INDIANA , Docket No: _ v (;13 --__g_C Petitioner: Don .Lewaiaz--Cc.lanial Village 'Craftsmen, 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: Ttze_oarerall_concept-,—character-,--and intent- ivision will not—be-vi-elated by--tFri 8 en e rgmehmen-t--on t o L h e 35 &- iuu L burl-ding 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: Building size rid quality of-Construction will hp comparable to those of the surroundiag-_h -and ----- properticc .----- -- --- ----- -- 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_caaatructed dw -L1ting- lacks proper setback 4imcnj -s <35,0- f c c t)-=and --he-r-e-€ere-word-el--h-a e--tu-b e -torn--down---- and region -runs-te-d, Lheref-ar-e:-uc L feas ib to . ---�---- DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Variance Docket No. is granted, subject to any conditions stated in the-Minutes of this Board, which are incor- porated herein by reference and made a part hereof. Adopted this day of _ ---__--_, 198- - CHAIRMAN ------------- Conditions of the Board are listed on the back . (Petitioner or his repesentative to sign) . 9/10/84 • • REVISED ,IN 1/84 • PEUITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL PLAN CC '2IISSION and BOARD OF ZONING APPEALS I (WE) Weihe Engineers , Inc . DO HEREBY CER'T'IFY THAT NOTICE OF PUBLIC HEARING OF THE Carmel Board of Zoning Appeals WILL CONSIDER Docket Number V A ? 3C- , was registered and mailed at least ten (10) days prior to the date of the Public Hearing to the below listed adja- cent property owners: OWNEPS' NAME ' ADDRESS See attached list * * * *6 * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF INDIAN Hamilton COUNTY, SS: The undersigned having been duly sworn, upon oath, says that the above informa- tion is true and correct and he is informed and believes. x DC.. 0_,,Lti----6--a- Signature of Petitioner SUBSCRIBED AND SWORN TO BEFORE ME THIS 5 DAY OF 4,C/ 192.L. d (7.---a„,(7 (, ---)„. „s Notary Public ,,bn,c"er__..-I(- MY CcxMISSIO EXPIRES: (6)(>?. 2; /9 gV * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SIGNATURES OF ADJACENT PROPERTY OWNERS MUST BE SUBMIU ul1) ON THIS AFFIDAVIT. Adjacent and Abutting Property Owners Michael J . & Debra L. Siegel 751 Cedar Place Carmel Indiana 46032 Dr . Eugene D. & Dorothy A. Vanhove 707 Cedar Place Carmel, Indiana 46032 Harry W. & Constance C . Earle 10400 Hussey Lane Carmel, Indiana 46032 Fred & Sharon Dorman 718 Cedar Place Carmel, Indiana 46032 Thomas A. & Norma J . Roush 740 Cedar Place Carmel, Indiana 46032 Brian D. & Jane G. Edington 784 Cedar Place Carmel , Indiana 46032