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HomeMy WebLinkAboutApplication 12-14-18 ; , CITY OF CARMEL BOARD OF ZONING APPEALS DEC 1 4 2018 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. /r7 0 ?000.5- S A R. DATE RECEIVED: /o /MP-a/8 1) Applicant: Karl F Meyer Address: 331 1st street SW, Carmel IN 46032 2) Project Name: Meyer Residence Phone: 317-557-4686 Engineer/Architect:George Small Phone: 317-289-8007 Attorney:Matt Clark Phone: 317-637-1321 Contact Person:Karl Meyer Phone:317-5574686 Email:Kmeyer@meyer-najem.com 3) Applicant's Status: (Check the appropriate response) X (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.2015033116 Page: Purchase date: July 3, 2015 6) Common address of the property involved: 331 1St Street SW, Carmel IN 46032 Legal description: Acreage .3, Section 25, Township 18, Range 3 Tax Parcel ID No.:16-09-25-16-06-001 .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). 1. Request Variance Approval to have accessory dwelling sit in front of a primary dwelling structure, per UDO section 5.02.B.1 2. Request Variance Approval to have an accessory dwelling that is larger than 12'x 30'per UDO section 5.02.6.3 3. Request Variance Approval to have an accessory dwelling taller than 18', per UDO section 2.10. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). UDO does list Accessory Dwellings as permitted Use in the Old Town Overlay District. Goal is to preserve 100yr Farmhouse to contribute to the historic feel of Old Town as an accessory dwelling due to its limited size--Development Standard Variances are required because the current location would be in front of New Primary Dwelling, its existing size(even after reducing footprint and removing poorly built single story add-on)and existing height. Page 1 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 9) Zoning District classification of property: R2 9a) Overlay Zone of property(if applicable):Old Town Overlay District 10) Size of lot/parcel in question: .32 AC ( 13,596 SF) acres 11) Present use of the property: Residential 12) Describe the proposed use of the property: Primary Residence with Accessory Building 13) Is the property: Owner occupied XX Yes 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. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Immediately after permit is granted 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Karl&Barbara Meyer 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: `,`u" Date: fol //`i'/•20/8 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 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 Name: c �;i!% `r�`—L/— (Property Owner, Attorney, or Power of Attorney) Printed Name: K trrl r /7e ex STATE OF INDIANA v &Will 0g06414-; I`rAn SS: Countyof — l(M/ni Before me the undersigned, a NotaryPublic I 9 (County in which notarization takes place) -fwfor County, State of Indiana, personally appeared (Notary Public's county of residence) /14, / ! "It C/L and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, et Power of Attorney) this 11-14-1 day of b Y 1 , 20 I e c›----A144' /2- )1,---110.4 Top! R. HARDIN Notary Public--Signature 0 SEAL11 ' Notary Public,State of Indiana ' 1.1 L1 �� 1-6,(Sin ioworiempirriewrMy Commission Expires April 7,2024 ; Notary Public—Printed Name My commission expires: 4YLLJ 1 ---02-14 Page 3 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 CARMEL ADVISORY BOARD OF ZONING APPEALS FINDING OF FACT, DEVEOPMENT STANDARS VARIANCE CARMEL, INDIANA Docket No: /b O 9 OOO .0 s D& Petitioner: Karl F Meyer 1. The approval of this variance will not be injurious to the health, safety, morals and general welfare of the community because: The approvals will permit the reuse and modernization of an existing structure on the property as an "Guest House". Once the new home is built on the property the existing, renovated structure will become the accessory structure. No changes in the height of the existing structure are contemplated, but as constructed it exceeds the permitted height once it becomes an accessory structure. The footprint of the existing structure will be reduced, but will still exceed the permitted height once it becomes an accessory structure. Additionally,the structures location will not change, but once it is the accessory structure it will be in the front yard of 1St Street SW. The location, size or massing of the existing structure will not be increased by the approval of the variance and the approval of the variance will allow for the reuse of this property to the benefit of the public health, safety, welfare and morals of surrounding property owners and the community. 2. The use and value of the area adjacent to the property included in the variance will not be effected in a substantial adverse manner because: The existing residential structure on site is approximately 100 years old, but by itself does not fit into the character of the redevelopment which has occurred to the east, north and south of the site. Without the granting of a variance, rehabbing the existing structure alone would not be as advantageous to the use,value and enjoyment of surrounding property owners. The proposed redevelopment, utilizing the existing structure as"Guest House" and replacing the existing garage, while adding a new primary residential structure will lead to a residential use which is similar in scale and size to other nearby redeveloped properties. The renovated existing structure, though characterized by the ordinance as an accessory building, will still be utilized residentially and massed in a way consistent with surrounding uses. The replacement garage will be located between the new proposed residential structure and the existing structure, which is also in the front yard for the new home, but will utilize the existing drive on the property and be appropriate in design and scale, and until the new residential structure is completed would be permitted by right under the ordinance. 3. The strict application of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: The property has two street frontages, which creates two front yards. As such, even though the location of the renovated building will not change, the change in use and addition of the new residential structure changes the classification of the location by the ordinance. The building height is not changing, but its use will change. The strict application of the ordinance would require a structure, which has been in its location and approximately size and height for approximately 100 years,to move and/or be drastically altered to comply with the ordinance. The requests here seek to allow for the infusion of improvements and renovations into the property which would not be available under a strict application of the ordinance. A strict application of the ordinance treats all accessory structures the same, whether they are new structures or repurposed structures and without regard for their proposed or actual use. Petitioner: Karl F Meyer Signature: