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HomeMy WebLinkAboutApplication CITY OF CARMEL BOARD OF ZONING APPEALS JAN 2 8, 201 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. DATE RECEIVED: 1) Applicant: Jon Wesley Address: 11812 Prairie Place, Carmel, IN 46033 2) Project Name: RV parked in driveway since 1998 Phone: n/a Engineer/Architect: None Phone: n/a Attorney: Darrell J. DolanPhone: 317-842-0022 contact Person: Darrell J. Dolan Phone: 317-842-0022 Email: Darrell@attorneydolan.com 3) Applicants 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: Jon and Deborah Wesley Owner's address: 11812 Prairie Place, Carmel, IN 46033 Phone: 317-403-7596 5) Record of Ownership: Deed Book No./Instrument No. Plat book 2 Page: pages 66-67 Purchase date 2003 6) Common address of the property involved: 11812 Prairie Place, Carmel, IN 46033 Legal description: Section 34, Township 18, Range 4 NORTHWOOD HILLS Section 2 Lot 73 Tax Parcel ID No.: 17-10-34-03-05-022.00, 29-10-34-305-022.000-018 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). Leave my RV parked in driveway. Same spot since 1998. §5.34 Recreational Vehicle Standards 8) State reasons supporting the Development Standards Variance: (Additionally. complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). I have parked an RV in my driveway since 1998. After the new rules nobody complained and the neighbors do not have an issue. Grandfather permission requested. Page 1 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 9) Zoning District classification of property: Residential 9a) Overlay Zone of property (if applicable): Not applicable 10) Size of lot/parcel in question: 1.1 acre acres 11) Present use of the property: Single family residential dwelling 12) Describe the proposed use of the property: No change- Property will remain a single family residential dwelling 13) Is the property: Owner occupied 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. Letter reference #: Case-18-12-00011 - Unified Development Ordinance 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? If the proposed variance is granted there will be no change in the use and enjoyment of the residential property. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Current deeded landowners only. Variance not requested to extend to subsequent owners. 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 understa hat docket numbers will not be assigned until all supporting information has been submitted to the Depart - of Coi'" itv rvices. Applicant Signature: - Date: 1/25/2019 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/ams testimony. Signed Name: • A./-41--'" (Pro rty Owner, Attorney, or ower of Attorney) Printed Name: Jon Wesley STATE OF INDIANA SS: County of Marion Before me the undersigned, a Notary Public (County in which notarization takes place) for Marion County, State of Indiana, personally appeared (Notary Public's county of residence) Jon Wesley and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this 25th day of January 2019 ') , Ao otary Publ.•--Signature (SEAL) " . . ,, t>sy,,. ./�L(� Darrell J. Dolan '', •:,!.'.c..,srteo"^aa^a Notary Public—Printed Name C.,; ,� j :omnr s;on Expires ;� „.:. it 19,2 8/19/2025 �' `"" /' My commission expires: Page 3 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 PATE FORM 53569(R12/I-Ig) TREASURER FORM TS-IA PPROVEDBYSTATSTATE PRESCRIBED BY THE DEPARTMENT OCAL(O�I R��1EVThIS:\yCE Ic6-i.I-22a I . a. - ..` O141. .N � � .CE TO PROPERTYOW'NE Property taxes are constitutionally capped at 1% of property values for homesteads(owner-occupied), 2%for other residential property and farmland,and 3%for all other property.Please note that local government unit annual budget notices are now available online at www.budgetnotices.in.gov. Taxpayer Name and Property Address Date of Notice Parcel Number Taxing District Nesley,Jon D&Deborah C March 15,2018 State:29-10-34-305-022.000-018 16 11812 Prairie PI Local:17-10-34-03-05-022.000I Carmel .larmel IN 46033 Property ID No. Legal Description 5582141 Acreage 1.10,Section 34,Towns _ovation Address: hip 18,Range 4,NORTHWOOD HILL 11812 Prairie PI,Carmel 46033 S,Section 2,Lot 73 Lot: 73 Spring installment due on or before May 10,2018 and Fall installment due on or before November 13, 2018. ASSESSED VALUE AND TAX SUMMARY 2016 Pay 2017 2017 Pay 2018 1a.Gross assessed value of homestead property $165,900.00 $172,700.00 lb.Gross assessed value of other residential property and farmland $0.00 $0.00 1c.Gross assessed value of all other property including personal property $3,100.00 $3,100.00 2.Equals total gross assessed value of property $169,000.00 $175,800.00 2a.Minus deductions(see table 5 below) $87,315.00 $89,695.00 3.Equals subtotal of net assessed value of property $81,685.00 $86,105.00 3a.Multiplied by your local tax rate 2.0486 2.0286 4.Equals gross tax liability(see table 3 below) $1,673.40 $1,746.72 4a.Minus local property tax credits -$0.00 -$0.00 4b.Minus savings due to property tax cap(see Table 2 and footnotes below) -$0.00 -$0.00 4c.Minus savings due to over 65 circuit breaker credit -$0.00 -$0.00 5.Total property tax liability(see remittance coupon for total amount due) $1,673.40 $1,746.72 Please see Table 4 for a summary of other charges to this property. Property tax cap(1%,2%,or 3%,depending upon combination of property types') $1,752.00 $1,820.00 Upward adjustment due to voter-approved projects and charges(e.g.,referendum') $130.70 $163.60 Maximum tax that may be Imposed under cap $1,882.70 $1,983.60 TAXING AUTHORITY r TAX RATE I TAX RATE TAX AMOUNT TAX AMOUNT TAX DIFFERENCE PERCENT 2017 2018 2017 2018 2017-2018 DIFFERENCE COUNTY 0.2814 0.2814 229.86 242.30 12.44 5.41 TOWNSHIP 0.0694 0.0675 56.69 58.12 1.43 2.52 SCHOOL DISTRICT 0.8291 0.8118 677.25 699.00 21.75 3.21 CITY 0.7895 0.7887 644.90 679.11 34.21 5.30 - LIBRARY 0.0760 0.0760 62.08 65.44 3.36 _ 5.41 TAX INCREMENT • .00 .00 .00 .00 SOLID WASTE 0.0032 0.0032 2.61 2.76 .15 5.75 STATE 0 0 0 .00 i TOTAL 2.0486 2.0286 1673.40 1746.72 73.32 4.38 TABLE 4:OTHER CHA g - ,, l ..`. .. 1 LEVYING AUTHORITY 2017 2018 %Change TYPE OF DEDUCTION 2017 2018 Ditch Assessments $0.00 $0.00 0 Homestead Standard $45,000.00 $45,000.00 Sewer Liens $0.00 $0.00 0 Mortgage $0.00 $0.00 Weed Liens $0.00 $0.00 0 Supplemental $42,315.00 $44,695.00 Unsafe Buildings $0.00 $0.00 0 Disabled/Blind $0.00 $0.00 Barrett Law $0.00 $0.00 0 Veteran $0.00 $0.00 Other SPA Charges $0.00 $0.00 0 Other Deductions $0.00 $0.00 TOTAL ADJUSTMENTS $0.00 $0.00 0 TOTAL DEDUCTIONS $87,315.00 $89,695.00 t The property tax cap is calculated separately for each class of property owned by the taxpayer. 2 Charges not subject to the property tax cap include property tax levies approved by voters through referendum.In Lake County and St.Joseph County,this line also reflects debt obligations incurred prior to the creation of the property tax caps.When added to the base property tax cap amount for your property,this creates the effective tax cap.For more information,see the back of this document. 3If any circumstances have changed that would make you ineligible for a deduction that you have been granted per Table 5 on this tax bill,you must notify the county auditor.If such a change in circumstances has occurred and you have not notified the county auditor,the deduction will be disallowed and you may be liable for taxes and penalties on the amount deducted. r • STATE FORM 53569(R12/1-18) TREASURER FORM TS-1A APPROVED BY STATE BOARD OF ACCOUNTS,2018 PRESCRIBED BY THE DEPARTMENT OF LOCAL GOVERNMENT FINANCE IC 6-1.1-22-8.1 NOTICE OF PROPERTY TAX ASSESSMENTS Name and Address of Taxpayer—The owner and mailing address of the owner of record as of the date of this notice. Date of Notice/Due Date—Date that the property tax bill was mailed and the date by which payment must be made in order to avoid late charges. Property Number(State/Local)—State mandated property number of the taxable real estate and the local parcel number,if applicable. Taxing District—The number assigned by the Department of Local Government Finance to the taxing district in which this property is located. TABLE 1:SUMMARY OF YOUR TAXES Tax Summary—The amounts involved with calculating your real estate property taxes. Taxes 2016 Pay 2017—The summary of calculations based on tax rates for taxes payable last year. Taxes 2017 Pay 2018—The summary of calculations based on this year's tax rates. Tax Relief Credits—Credits are determined annually and are used to reduce property tax liabilities applicable to properties in this table. • Local Property Tax Credits—Relief credit generated by the local income tax,which can be used to reduce property tax bills. • Over 65 Circuit Breaker Credit—Credit for a calendar year if homestead qualifies and age,adjusted gross income,homestead assessed value,and other eligibility requirements are met.The credit caps the increase of the homestead property tax liability of credit recipient at two percent(2%). TABLE 2:PROPERTY TAX CAP INFORMATION Property Tax Cap—Property may not be taxed above caps prescribed by law,unless voters approve additional taxes.Those caps are 1%for homesteads,2% for other residential property and farm land,and 3%for all other classes of property.When voters approve additional spending in a referendum,an adjustment to the cap is made to reflect the additional expense.This excess revenue is calculated as a separate value and added to the cap figure. This new value is considered your effective property tax cap or the maximum liability that may be imposed under the cap.Taxpayers should note that the circuit breaker cap amount is the combined cap amount for all classes of property applicable to a parcel. TABLE 3:GROSS PROPERTY TAX DISTRIBUTION AMOUNTS APPLICABLE TO THIS PROPERTY Taxing Authority—The name of the unit levying the taxes. Tax Rate 2017—The tax rate per$100 of assessed value for this property allocated to each taxing authority for 2017. Tax Rate 2018—The tax rate per$100 of assessed value for this property allocated to each taxing authority for the current year. Tax Amount 2017—The amount of taxes for this property allocated to each taxing authority for 2017. Tax Amount 2018—The amount of taxes for this property allocated to each taxing authority for the current year. Tax Difference 2017-2018—The difference in dollars between current taxes and prior year taxes for each taxing authority. Percent Difference—The percent change between last year's tax amount and this year's tax amount for each taxing authority. TABLE 4:OTHER CHARGES/ADJUSTMENTS TO THIS PROPERTY Levying Authority—The type of additional charge added to your property tax bill such as sewer,ditch,or other special assessment. Amount 2017—The total amount of other charges added to your tax bill in 2017. Amount 2018—The total amount of other charges added to your tax bill for the current year. TABLE 5:DEDUCTIONS APPLICABLE TO THIS PROPERTY Type of Deduction—No deduction is automatic.All must be applied for with the appropriate office by the applicable due date.Various restrictions apply.For more information,call the county auditor at(317)770-4412 or visit http://www.hamiltoncounty.in.gov/368/Property-Tax-Deductions-Credits.Deductions documented in this bill can include,but are not limited to,the following: • Abatement—Deduction for eligible properties where taxes have been lowered or eliminated,generally through the action of the city council or county council. • Blind/Disabled—Deduction for the blind or disabled.Must supply proof from a doctor or Social Security awards letter. • Enterprise Zone—Deduction for eligible properties located within a designated enterprise zone. • Geothermal—Deduction for eligible properties using geothermal devices. • Homestead Standard Deduction—Deduction for owner-occupied primary residence. • Supplemental Standard Deduction—Additional deduction for homesteads after the application of the Homestead Standard Deduction. • Mortgage—Deduction for mortgaged property for eligible persons. • Nonprofit-Exemption for eligible properties.See IC 6-1.1-10. • Over 65—Deduction for individuals over 65 years of age;subject to income,residency,and assessed value limits. • Veterans—Deduction for disabled veterans.Must supply proof of service,honorable discharge,and disability. • Amount 2017—The amount deducted from your bill in 2017 for each benefit. • Amount 2018—The amount deducted from your bill this year for each benefit. Information on the valuation of your property and a copy of the property record card can be obtained from your assessor at(317)776-9617,or https://secure2.hamiltoncountvjn.Qov/PropertvRenorts/index.aspx? .To obtain a review of an assessment,the taxpayer must file an appeal via a Form 130 not later than forty-five(45)days after the date of the required notice(Form 11).If the assessing official fails to send proper notice(Form 11)as required,the taxpayer's tax bill serves as notice of the taxpayer's right to appeal.NOTE:Failure to file a timely Form 130 can be grounds for dismissal of this appeal.The assessing official who receives an appeal filed by a taxpayer must: (1) immediately forward the notice to the county board; and(2) schedule a preliminary informal meeting with the taxpayer in order to resolve the appeal. For further instructions on filing an appeal or correction of error,contact your assessor at(317)776-9617. 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