HomeMy WebLinkAboutApplication DSVCITY 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. 1901 O0Q j \/ DATE RECEIVED:
1)
2)
Applicant Wedgewood Building Company
Address: 32 1st Street NE, Carmel 46032
Project Name: Murray Demo and Re -Build
Wedgewood Building Company
N/A
Phone: 317-669-6315
Phone: 317-669-6315
Phone:
Contact Person: Paul Owen Phone: 317-669-6315
powen@wedgewoodbc.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:
Owners address:
5) Record of Ownership: Deed Book No./Instrument No. Murray, Anthony L. & Susan E
Page:
Purchase date:
6) Common address of the property involved: 651 1 st Avenue NE
Legal description: Acreage .00 Section 30, Township 18, Range 4 CW Well Lot 18
Tax Parcel ID No.: 16-10-30-05-02-034.000
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).
We request a variance from the 45% maximum impervious surface area to 48.7%
impervious area.
8) Stale reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact -Development Standards Variance").
The home technically fits on the lot and fits in aesthetically with the new homes on the street. This is one
of the smaller lots and it makes it more difficult to meet the needs of the current market. We have worked
very diligently to keep it as close to 45% as possible and at 48.7%, believe we are as close as we can get
and still meet the needs of the client and the requirements of the community.
Page 1 of 12 Filename: development standards variance application & instructions 2018 Revised 011022018
9) Zoning District classification of property: R3 with Old Town Character Sub -Area
gal Overlay Zone of property (if applicable):
10) Size of lottparcel in question:7503 SF (0.172 acres) acres
11)
12)
Present use of the property: SFR
Describe the proposed use of the property: New SFR
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, 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: no
Builder: vvW9....d BWd'ii1 .p.ny
16) If proposed appeal is granted, when will the work commence?
Immediately after butd'nct permit received (Fetai 20101
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The current homeowner / landowner
NOTE: LEGAL NOTICE shall be published in the newspaper according to the Chart on pace 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:
Date:
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 thatthe
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: 7'f• Dim
(Property Owner, Attorney, or Power of Attorney)
Printed Name: 'J.
STATE OF INDIANA
County of r' a^i if o eN Before me the undersigned, a Notary Public
(County in which notarization takes place)
N,_i if., County, State of Indiana, personally appeared
(Notary Public's county of residence)
P" 0"n and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this ( day of )'-1^ Y ,201
(SEAL)
Notary Public—Signature
Notary Public—Printed Name
My commission expires: I 16 /Z i
Page 3 or 12 Filename: development standards variance application 8 instructions 2018 Revised 0110 2/2 01 8
PAUL AHREND T
•' �...., I Note,y PoDlic, Steb or Indiene
"fSEnI �'
'_ ( 2
wmuton County
CDmmlui..1cm
%hyol'�ess
E '
My Commbelon ExDlro
Jenuer 19.2026
Notary Public—Signature
Notary Public—Printed Name
My commission expires: I 16 /Z i
Page 3 or 12 Filename: development standards variance application 8 instructions 2018 Revised 0110 2/2 01 8
DEVELOPMENT STANDARDS VARIANCE— INSTRUCTION SHEET
Allow plenty of time for the Department of Community Services (DOCS) staff review and Board of
Zoning Appeals (BZA) approval Process (approximately 45-60 days). Discuss proposed Variance
with the DOCS staff at a pre -submittal meeting (please call for an appointment; 317-571-2417,
Third Floor, Carmel City Hall, 1 Civic Square, Carmel).
INFORMATION NEEDED for formal DOCS staff and BZA review:
a. The original and one copy of the completed variance application (available from
the Office of DOCS), with legal description(s) attached.
b. Two (2) copies of location map showing location of site in question, zoning, and
existing land use of adjacent properties. (See GIS Maps:
http�/hw camel.in.gov/about-th'N/g wmphv and is -maps)
C. Two (2) copies of all plans drawn to scale with all dimensions and depicting all
existing and proposed structures, elevations, landscaping, drainage, lighting,
signage, and any other supporting documentation to fully understand the proposal.
d. One copy of adjacent property owners list certified by the Hamilton County
Auditor's Office.
p� The above referenced information must be submitted to the DOCS at least forty-five (45) days prior
r to hearing date. Within ten (10) days, the application will be reviewed by staff and a letter outlining
the deficiencies will be mailed to the petitioner or a docket number will be assigned (a docket
number will not be assigned until all deficiencies are addressed).
After final review the petitioner will aretllQp�y,fb.;fq i pefore the item will be added
to the official BZA meeting agenda. ��„o t v 19
At this time, the Notice of Public Hearing must be mailed bydiiioabF.hes mail with a Certificate of
�y Mailing to all adjacent property owners and published in the newspaper according to the Chart
.&U page 5 a MANDATORY twenty (20) days pnor to the public hearing date. Also, a public hearing
sign must be posted on the property (see pg. 6.) Note: Public notice is 10 days for a Hearing
Officer item.
6. At least ten (10) days prior to the hearing, the petitioner must submit their proof of publications,
proof of adjacent property owners notice (green cards), a completed Petitioner's Affidavit of Notice
of Public Hearing (pg. 8), and the Board member's packets to the DOCS (a minimum of nine (9)
copies).
The following is the order & list of items that should be included in the each Board Member's Info Packet:
1 -Finding of Facts (ballot sheet, pg. 9) 4 -Statement of Support (short paragraph)
2 -Finding of Facts (question sheet, pg. 10) 5 -Location Map
3 -Statement of Variance (short paragraph) 6 -Reductions of all plans (site, drainage, landscaping,
signage, lighting, etc...) and elevations
7. The property owner, property owner's Attorney, or someone with the property owner's Power of
Attorney must be present at the Carmel Board of Zoning Appeals Public Hearing to speak/present.
8. A presentation must be given at the BZA public hearing. This should include some type of display or
exhibit; an opaque paper overhead projector and laser pointer will be available the night of the hearing.
(Hearing Officer presentations are more informal, where only info packets are required.)
9. Generally, variance applications are acted upon by the Board in one meeting. However, the Board
may at its discretion may table an item at any time.
10. The Board of Zoning Appeals meets the fourth Monday of each month at 6:00 p.m. in the City
Council Chambers, 2nd Floor of City Hall, 1 Civic Square, Carmel, Indiana. (BZA Hearing Officer
meetings are held immediately prior to the regular meeting, in the Caucus Rooms of City Hall.)
Page 4 of 12 Filename: development standards vanance application 8 instmdlons 2018 Revised 01102/2018
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET- DEVELOPMENT STANDARDS VARIANCE
Docket No.: 19010005 V
Petitioner Paul Owen
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
homes because there is no encroachment of lot boundaries. The new
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:
is no lot encroachment, adverse drainage, or traffic changes. The sir
home will be built to high standards that coordinate and contribute to
architecture of the homes in this area.
3. The strict application of the terms of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because:
It makes it difficult to build a new single family homes to meet today's needs and
architecture for our clients. It also makes it difficult to create consistent architecture
and design to reflect that of surrounding new homes.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket
No. 1-1--sv 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 25th day of February 20 19
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 11 of 12 Fi[ename: development standards variance application 8instrucdons 2018 Revised] 01/02/2018
CARMEL ADVISORY BOARD OF ZONING APPEALS
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
Carmel, Indiana
Docket No.: 19010005 V
Petitioner: Paul Owen - Wedgewood Building Company
2.
3.
DATED THIS 25th DAY OF February 20 19
Board Member
Page 10 of 12 Filename: development stardams variance application & instructions 2018 Reveal 0110212018