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Home My WebLink AboutApplicationCITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES: Single Family (Primary Residence) $341.00 for the first variance, plus $103.00 for each additional section of the ordinance being varied. All Other $1,357.00 for the first variance, plus $640.00 for each additional section of the ordinance being varied. (Or, see Hearing Officer Option & Fees.) DOCKET NO. 1) DATE RECEIVED: Applicant: Wedgewood Real Estate Partners, LLC Address: c/o Gary McNutt, 32 1st St., N.E., Carmel, IN 46032 2) Project Name: 525 West Main Street / Wedgewood Builders Phone.. 317-669-6300 3) 4) Engineer/Architect-Wedgewood Builders Attorney: Nelson & Frankeberger, LLC Contact Person: Jim Shinaver Email:Jims@nf-law.com Applicant's Status: (Check the appropriate response) XX (a) The applicant's name is on the deed to the property purchaser of the property. (c) Other: If Item 3) (c) is checked, please complete the following Owner of the property involved: NA Owner's address: 32 1 st St., N. E., Carmel, IN 46032 Phone: 317-669-6300 Phone: 317-844-0106 hone: 317-844-0106 (b) The applicant is the contract Phone: 317-699-6300 5) Record of Ownership: Deed Book No./Instrument No. 2017-051549 Page: See Enclosed Deed Purchase date: 10/17/2017 - See Enclosed Deed 6) Common address of the property involved: 525 West Main Street, Carmel, IN 46032 Legal description: See Enclosed Legal Description Tax Parcel ID No.: 16-09-25-04-02-001.000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Unified Development Ordinance that applies and/or creates the need for this request). .qPP Ex n Pr .mprt Description See Ex. D Project Description See Ex. D Project Description 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Development Standards Variance"). See Ex. E Findings of Fact See Ex. E Findings of Fact Page 1 of 12 Filename: development standards variance application & instructions 2018 Revised 01/02/2018 9) Zoning District classification of property: R2 -Residential 9a) Overlay Zone of property (if applicable): NA 10) Size of lot/parcel in question: see Legal Description 11) Present use of the property: Residential home on 1 lot 12) Describe the proposed use of the property: Front Yard Setback reduction as requested by Staff for the previously approved plat amendment. 13) Is the property: Owner occupied Renter occupied Other Unoccupied at this time 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. Docket No 1806001 ^ nn Amend, 18060007 n V 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? Upon approval of all required zoning approvals 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Owner, its assignees and/or grantees NOTE: LEGAL NOTICE shall be published in the newspaper according to the Chart on page 5 a MANDATORY 20 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 20 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 20 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 that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: Qe .7 x .13 Date: 09/05/18 The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate Unified Development Ordinance and/or the legal advice of his/her attorney. Page 2 of 12 Filename: development standards variance application & instructions 2018 Revised 01/02/2018 EXHIBIT “A” Contact Information 1. Applicant/Owner: Parcel Number: 16-09-25-04-02-001.000 Wedgewood Real Estate Partners, LLC c/o Gary McNutt 32 1st Street NE Carmel, IN 46032 Phone: (317) 669-6300 Email: gmcnutt@wedgewoodbc.com 2. Attorney/ Land Use Professional: Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 Phone: (317) 844-0106 Fax: (317) 846-8782 Email: jims@nf-law.com Email: jon@nf-law.com 3. Engineer: Stoeppelwerth & Associates. c/o Dennis Olmstead 7965 East 106th Street Fishers, Indiana 46038 Phone: 570-4701 E-mail: dolmstead@stoeppelwerth.com EXHIBIT "B" WEDGEWOOD REAL ESTATE PARTNERS, LLC APPLICANT and OWNER'S CONSENT TO AND JOINDER IN APPLICATION The undersigned, Wedgewood Real Estate Partners, LLC ("Wedgewood") is the Owner and the Applicant as it relates to the parcel of real estate that is identified per the records of the Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Number 16-09-25-04-02-001.000 (State Parcel Number 29-09-25-402-001.000-018) (the "Real Estate"). Wedgewood shall be filing applications for development standards variances approvals before the City of Carmel Board of Zoning Appeals and amended plat approval pertaining to the Real Estate (collectively, the "Application"). In addition, if Wedgewood determines that other approvals may be required or deemed necessary (collectively the "Other Approvals"), the foregoing Consent and Joinder in Application shall apply to the Application and for any Other Approvals sought by the Wedgewood pertaining to the development of the Real Estate. Wedgewood authorizes its employees, engineers, land planners, attorneys, attorneys' employees and agents, as follows: To file with respect to the Real Estate the Application with the City of Carmel Board of Zoning Appeals and Plan Commission; 2. To pursue the approval of the Application and Other Approvals before the City of Carmel Board of Zoning Appeals and Plan Commission and any other bodies or agencies, as such may be required; and, To act on behalf of the Wedgwood with regard to the Application and Other Approvals. "Applicant and Owner" Wedge od Rea] Estate s, LLC By: ` r Name: Title: Date: STATE OF f ) SS: COUNTY OF �%�l I t -T- ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared 6An•-t (name), as (title) on behalf of Wedgewood Real Estate Partners, LLC, as the Applicant and Owner, and acknowledged the execution of the foregoing Applicant and Owner's Consent and Joinder in Applications. WITNESS my hand and Notarial Seal this (r day of �y , 2018. 7/� z,2 - Notary Public My Commission Expires: 01,j,-4 9- 2 S -Zo u_ Printed Name County of Residepce: PAUL NA N. OWEN Notary Public. State of Indiana Hamilton County �•SfA� Commission N 636687 My Commission Expires September 25, 2020 Exhibit “C” Legal Description Lot Number Three (3) in Johnson Addition, a subdivision of a part of the west half of the southeast quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, as recorded in Plat Book 2, Pages 26-28, in the Office of the Recorder of Hamilton County, Indiana. EXHIBIT “D” 525 West Main Street Development Standards Variance Project Description Wedgewood Real Estate Partners, LLC (“Wedgewood”) is the owner of a parcel of real estate that is located at the southeast corner of York Drive and Main Street, has a common address of 525 West Main Street, Carmel, IN 46032 and is identified as Lot 3 in Johnson Addition, per Plat Book 2, Page 26-28, as the same is recorded in the Office of the Recorder of Hamilton County, Indiana (collectively, the “Real Estate”). In addition to the filing of this Development Standards Variance Application (“Variance Application”), Wedgewood has previously filed and subsequently approved before the City of Carmel Plan Commission and Board of Zoning Appeals seeking approval to amend the Plat for Lot 3 of Johnson Addition to subdivide the existing lot into 2 lots (“Amended Plat Request”). The previously approved variances are for the proposed new lot, Lot 3B. In order to allow for the for the Amended Plat Request to create 2 lots, Wedgewood is seeking the following development standards variances from the City of Carmel’s Unified Development Ordinance (“UDO”) Section 2.10 R2 District Development Standards for the proposed new lot, Lot 3A: 1. UDO Section 2.10 – Minimum Front Yard Setback – From 35 feet to 25 feet Enclosed with this Variance Application are the supporting exhibits describing the request, as well as the proposed Amended Plat for Lot 3A. Hamilton County, IN -Property Records 1609250402001000 525 W Main St Parcel #: 16-09-25-04-02-001.000 State #: 29-09-25-402-001.000-018 Current Owner as of May 11, 2018 This information is updated 5 times a week Page 1 of 1 PROPERTY ADDRESS: DEEDED OWNER SUMMARY INFORMATION: 525 W Main St Wedgewood Real Estate Partners LLC Parcel Number: 16-09-25-04-02-001.000 Carmel, IN 46032 32 1st St NE State Parcel Number: 29-09-25-402-001.000-018 Carmel. IN 46032 Legal Description: Acreage .00 Section 25, Township 18, Range 3 JOHNSON Lot 3 Irregular Shape Section/Township/Range: 25/18/3 Subdivision Name: JOHNSON Subdivision Section: Not Available Deeded Acres: 0 Political Township: Clay Lot Number(s): 3 Last Recorded Date: 10/17/2017 Disclaimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. https://secure2.hamiltoncounty.in. gov/propertyreports/reports.aspx?parcel=1609250402001... 6/2/2018 525 W Main St Parcel #: 16-09-25-04-02-001.000 State #: 29-09-25-402-001.000-018 Transfer History for Parcel 16-09-25-04-02-001.000 This information is updated 5 times a week. JW Land Esterline, Tully Transfer Transferred Management Instrument Deed Transfer Transferred to Type, Date & Date & Type from 16-09-25-04-02- 2017-27692 001.000 Number 10/18/2017 Estedine, Tully Wedgewood Warranty Ownership 16-09-25-04-02- Real Estate Deed Transfer 001.000 Partners LLC 10/17/2017 Acreage .00 Change 16-09-25-04-02- 2017-51549 6/15/2017 JW Land Esterline, Tully Warranty Ownership Management 10/17/2017 Deed Transfer LLC Deed 6/15/2017 16-09-25-04-02- 2017-27692 001.000 6/15/2017 Acreage.00 12/16/2016 JW Land JW Land Not Available Mailing Management Management JOHNSON Lot 3 Address LLC LLC Acreage .00 Change 16-09-25-04-02- Township 18, 001.000 JOHNSON Lot 3 7/3/2014 Bivins, Clifford JW Land Sheriffs Ownership Eugene Management Deed Transfer 16-09-25-04-02- LLC 7/1/2014 001.000 2014-26960 Page 1 of 1 Recorded Date & Book Legal Description Type 10/17/2017 Acreage.00 Warranty Section 25, Deed Township 18, Range 3 JOHNSON Lot 3 Irregular Shape 6/15/2017 Acreage.00 Warranty Section 25, Deed Township 18, Range 3 JOHNSON Lot 3 Irregular Shape Not Acreage .00 Available Section 25, Township 18, Range 3 JOHNSON Lot 3 Irregular Shape 7/1/2014 Acreage.00 Sheriff's Section 25, Deed Township 18, Range 3 JOHNSON Lot 3 Irregular Shape Disclaimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date; so the information provided in different sections or reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. https:Hsecure2.hwniltoncounty. in. gov/propertyreports/reports. aspx?parcel=1609250402001... 6/2/2018 DULY ENTERED FOR TAXATION Subject to final acceptance of transfer 17th day of October 2017 - CRH Z Auditor of Harflon Courtf Parcel # 16-09-25-04-02-001.000 I WARRANTY DEED File No.: CTIN1702749 CT Carmel 2017051549 WD $25.00 10/17/2017 02:24:06PM 2 PGS Jennifer Hayden Hamilton County Recorder IN Reco11rV`d!€jedl1j as Presented I I Ilffl I I iII! I I �i Dill ��EII �IIII ILII II[7 �III� VIII �IIII I�III �I�I II�1 THIS INDENTURE WITNESSETH, that Tully Lsterline, an adult (Grantor) CONVEY(S) AND WARRANT(S) to: WEDGEWOOD REAL ESTATE PARTNERS, LLC, an Indiana limited liability company (Grantee) for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County in the State of Indiana, to wit: For APNIParcel ID(s): 29-09-25-402-001.000-018/16-09-25-04-02-001.000 LOT NUMBER THREE (3) IN JOHNSON ADDITION, A SUBDIVISION OF A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, AS RECORDED IN PLAT BOOK 2, PAGES 26-28, IN THE OFFICE OF THL RECORDER OF HAMILTON COUNTY, INDIANA. Property: 525 West Main Street, Carmel, IN 46032-4211 Subject to all current real estate taxes and assessments and all subsequent taxes and assessments. Subject to all easements, covenants, conditions, and restrictions of record. �7 IN WITNESS W REOF, Gr o exec ed this deed this 12"' day of October, 2017. Tully Est ine WARRANTY DEED File No.: CTIN1702749 CT Carmel THIS INDENTURE WITNESSETH, that Tully Esterline, an adult (Grantor) CONVEY(S) AND WARRANT(S) to: WEDGEWOOD REAL ESTATE PARTNERS, LLC, an Indiana limited liability company (Grantee) for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County in the State of Indiana, to wit: For APNIParcel ID(s): 29-09-25-402-001.000-018116-09-25-04-02-001.000 LOT NUMBER THREE (3) IN JOHNSON ADDITION, A SUBDIVISION OF A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, AS RECORDED W PLAT BOOK 2, PAGES 26-28, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. Property: 525 West Main Street, Carmel, IN 46032-4211 Subject to all current real estate taxes and assessments and all subsequent taxes and assessments. Subject to all easements, covenants, conditions, and restrictions of record. IN WITNESS W REOF, Gr o exec ed this deed this 12t1, day of October, 2017. Tully Est ine State of Indiana County of Hamilton Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Tully Esterline, an adult, who acknowledged the execution of the foregoing instrument, and who, having been duly sworn, stated that any representations therein containedamamFe-true. Witness my . and and Notarial Se this 121h day of October, 2017. Signature: ' Printed. Ja s M. Collins Resident of: Hamilton County State of: Indiana My Commission expires. 08-16-2022 Prepared By: J. David Clossin, for the benefit of Chicago Title Company, LLC Grantee's Address and Tax Billing Address: WEDGEWOOD REAL ESTATE PARTNERS, LLC 32 First Street NE Carmel, IN 46032 I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law: J. David Clossin. H am ilto n C o u nt y Parcel Map So u rc e: Esr i, D ig ital Globe , G eoEye, Ea rthsta r Geog ra p hi cs,CN ES/Ai rbus DS, U SD A, U SGS , Aer o GR ID, IGN, and the GIS UserCommunity Pa rcel Bou nd ary (public ) TIF D istrict 491 4.69 74 79 - 4 872653.417139 487 26 53.4 171 40 - 9740392.136798 974 03 92.1 367 99 - 14608130.856458 146 08 130 .856 45 9 - 19475869.576117 194 75 869 .576 11 8 - 24343608.295776 243 43 608 .295 77 7 - 29211347.015436 292 11 347 .015 43 7 - 34079085.735095 340 79 085 .735 09 6 - 38946824.454755 389 46 824 .454 75 6 - 43814563.174414 438 14 563 .174 41 5 - 48682301.894073 Corp orat e Lim its AR C ADIA AT LANTA CAR MEL CIC ERO FISH ERS NO BL ESVILLE SH ER IDAN WESTFIELD Jun e 2 , 2018 0 0.025 0.050.0125 mi 0 0.04 0.080.02 km 1:1 ,128 Mi cr osoft | Ham il ton Cou n ty Audi to r H am ilto n C o u nt y Parcel Map So u rc e: Esr i, D ig ital Globe , G eoEye, Ea rthsta r Geog ra p hi cs,CN ES/Ai rbus DS, U SD A, U SGS , Aer o GR ID, IGN, and the GIS UserCommunity Pa rcel Bou nd ary (public ) TIF D istrict 491 4.69 74 79 - 4 872653.417139 487 26 53.4 171 40 - 9740392.136798 974 03 92.1 367 99 - 14608130.856458 146 08 130 .856 45 9 - 19475869.576117 194 75 869 .576 11 8 - 24343608.295776 243 43 608 .295 77 7 - 29211347.015436 292 11 347 .015 43 7 - 34079085.735095 340 79 085 .735 09 6 - 38946824.454755 389 46 824 .454 75 6 - 43814563.174414 438 14 563 .174 41 5 - 48682301.894073 Corp orat e Lim its AR C ADIA AT LANTA CAR MEL CIC ERO FISH ERS NO BL ESVILLE SH ER IDAN WESTFIELD Jun e 2 , 2018 0 0.05 0.10.025 mi 0 0.08 0.160.04 km 1:2 ,257 Mi cr osoft | Ham il ton Cou n ty Audi to r City of C armel Ma p Basema p informatio n here Ju ne 2 , 20 18 0 0.0 2 5 0.050.01 25 mi 0 0.04 5 0.0 90.0 225 km 1:1,73 7 ±