HomeMy WebLinkAboutPacket for HO 04-22-19Statement in Support of Stephan K. Prokai Variance
Docket No. 1.9020004 V
Hearing date — April 22, 2019 at 5:00 p.m.
Introduction — We are requesting a variance to be able to utilize more of Mr.
Prokai's yard in order to accommodate an inground pool and pool deck.
What We Are Asking For. Carmel currently requires that any part of a pool
including the deck must be 3' from an easement ("3' buffer"). We are requesting
that we be able to utilize the 3' buffer for this pool/deck project to build part of
this pool/deck 10' into a rear conservation easement, all as shown in the site plan
attached to our variance application.
Statement of Support. The rear of Mr. Prokai's property abuts a conservation
area reserve and is fully wooded so this project will not be visible to a rear
neighbor. No neighbors have raised any objection to this variance.
As to drainage, the Prokai's plan is that drainage flows will remain unimpeded to
the rear of the property.
We understand that both Carmel Planning and Carmel Engineering support this
encroachment. Carmel Engineering did request that petitioner apply for a consent
to Encroach Agreement before the Board of Public Works and petitioner has done
so (see application attached- submitted 4/4/2019). It is anticipated that the
application will be approved. Mr. Prokai's HOA has approved this project.
The homeowner has employed solid professionals for this project. Perma Pools is
the pool contractor and has a long history in Carmel.
All construction will be per code and to all special requirements of Camel. An
automatic safety cover per code will be installed to minimize the safety risks of a
pool.
CARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION
FILING FEES: Single Family (Primary Residence) $350.00 for the first variance, plus $905.00 for each additional
section of the ordinance being varied. All Other $1,394.00 -for the first variance, plus $657.00 for each
additional section of the ordinance being varied, (Or see Hearinq Officer option & Fees-)
1) Applicant: f , . 1_7-
Address: Z jt ti
2) Project Name: e r ff Phone:
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Phone: 3 1-7.- q Z-11 9 S'
Attomey: 1J t; 42 _e Phone:
Contact Person:`e1_1_ ,�-, 1, �' Phone: -:5 -
Email: G -LS ,
3) Applicant's Status: (Check the appropriate response)
❑ (a) The applicant's name is on the deed to the property ❑ (b) The applicant is the contract
purchaser of the property. Y
Other:
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4) If Item 3) (c) is checked, please complete the following.
Owner of the property involved: , FX -0 k 4-7
Owner's address:. ' k2,$,u Ctdt. _ Phone: q � 4 � � `2�,ez—
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5) Record of Ownership: Deed Book No./instrument No.
Page: Purchase date: X17
6) Common address of the property involved: -3 g Z 6
Legal Description: Lot 143, L,6 J,,
Tax Parcel ID No. f 4 DCS _3 60 - 03 6_33
7) 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
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8) Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance").
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9) Zoning district classification of prnperty:
9a) Overlay Zone of property (if applicable):
10) Size of lot/parcel in question: x'%14 !cS s acres/sq.ft.
11) Present use of property:
12) Describe proposed use of property: Z le
13) Is the property: Owner occupied Renter occupied —EI` Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate of 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: M
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
( Vn
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to tine Chart on oac[e 5
MANDATORY 20 days prior to the public hearing date. The certified "Proof of Publication" affidavit for the
newspaper must be available for inspection by 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), OR
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the 20 day prior notice should be kept for verification that the notice was
completed)
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see pa-ge 8.
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 CommunitV Services.
Applicant Signature:
Page 2 of 12
z� /w _ _ _ Date: _ 12 — 12
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.
Filename. develoument standards variance anolication & instructions 7019 Ravi ZM 01110/10
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SURVEYOR LOCATION R�PC�F�T
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This report is designed for use icy a Titin Insurance COMPany with rWidentlal loan policies. No corner
markers were yeti and fife lacaion data be
is based on linnited accuracy measurements. Therefore, no
ilabuity "it be assumed Tor any use of this data for construction of now improvements or fences.
Property Address;,',3852 Branch Creek Gdurt- Zionsville, Indiana 46077
Properly i3escTiption: Lot Number 143 in t ong Braneh 'Estates 5e( tUon 3, a subdivision in Fiarri€'tsrn County,
Indiana as recorded in Ptat':{Instrument' weber 20030 107Q7X) in the Office sof the Recorder
Cabinet 3, Slide 267
for Hamilton County, Indiana,
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The accuracy of any Flood Hazard flats shown on this report is subject to reap scala uncertainty and to any Other
uncertainty in 1pcation ac elevation on the referenced flood i€isuran rate map. Che within described Ind lies vntnin
tttat peEial Flood. Fta and ZONE, "X� and .ZONE 6AE" as said land p,Ots by state on Community Panel. .
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Certification:
1 hereby Certify to the parties, named above that the real estate rof described
knowledge and bei belief, th s rep
supervisiort on the elate indicates} and that, to the best of my P 4r#icie '1,. Rule 12, for a Surveyor
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BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)Aq0ay�
Docket No.: Q p V
Petitioner: i L c,
1.
2.
3.
DATED THIS DAY OF 720
Board Member
Page 10 of 12 Filename: development standards variance application & instructions 2019 Revised 01110119
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
Docket No.: H b� 4) 4) o Ll V
Petitioner: , ,el l A4a��7 A-
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
2.
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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:
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:
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DECISION
It iS therefnra dee;5.r�, +he Carmel Board of Zoning Appeals that Development Standards Variance Docket
No. 10 C; CDC) `il V is granted, subject to any conditions stated in the minutes of this Board,
which are incorpurafeJ hera:wby reference and made a part hereof.
Adopted this day of
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
20
Conditions of the Board are listed on back,
Petifioner or representafive to sign.
Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12124!2016
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CITY OF CARMEL
DEPARTMENT OF ENGINEERING
APPLICATION
CONSENT TO ENCROACH AGREEMENT
Full Name(s) of Property Owner(s):
Property Address: --58S-77-
Phone
S" Phone Number: _ --
Email: < r,A
Subdivision/Project Name:* L 6"c, b r-, ,4 ic-L, E4+a
Subdivision/Project Lot Number:* &6 1 LE Z
Please provide a brief statement as to the action/consent being requested:
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We require an Exhibit be provided to accompany the Agreement. The drawing should be to scale if possible. It should
indicate all easements and easement lines and all right-of-way and right-of-way lines. The drawing should show the
encroachment or encroachments and all necessary dimensions relating to the encroachment.
S % X 11 Exhibit Provided YesX No 11
If the property is not within a platted subdivision, we will require a copy of the deed for the property or a legal
description of the property including the date the deed was recorded, plat cabinet, slide, and instrument number.
Please submit application to:
IARROD HUFF
DEPARTMENT OF ENGINEERING
ONE CHIC SQUARE
CARMEL, IN 46032
Phone: (317) 571-2441; Fax: (317) 571-2439; Email. jhuff@carmel.in.gov
2017
Stephen Prokai
3552 Branch Greek Court
Zionsville, IN 45077
Re: Pool
Dear Stephen Prokai:
Lang Branch Estates HOA, Inc.
Approval Letter
Date: February 19, 2019
Account No: 109101431
Congratulations! Your architectural request has been approved. The purpose of the review process is to
promote and ensure a high level of quality, harmony and conformity throughout the neighborhood by using the
rules set forth in the Covenants, Conditions and Restrictions (CCR) found in the Declaration.
The Board appreciates your cooperation and due diligence in following this architectural review process. If you
have any questions or comments, please feel free to contact me at (317) 558-5351 or
certel@ekirkpatrick.com.
On behalf of Long Branch Estates HOA, Inc_
Kirkpatrick Management Company, Agent
Chad Ertel, CMCA
Community Association Manager
Bill Lambert
From: Steve Prokai <steve@prokai.com>
Sent: Tuesday, April 09, 2019 9:22 PM
To: Bill Lambert
Subject: Fwd: Approval of the Proposed Pool Plan for 3852 Branch Creek Court
Hi Bill,
Here's the email from my other neighbor.
Anything else you need me to do?
Thanks,
Steve
(914) 471-2385
Begin forwarded message:
From: Rick Bonar <Abonar(c�r�,att.uet>
Date: April 9, 2019 at 9:07:39 PM EDT
To: Steve Prokai <steve9prokai.com>
Subject: Approval of the Proposed Pool Plan for 3852 Branch Creek Court
I am sending this email to confirm that I am the owner of the
property at 3845 Branch Creek Court, Zionsville, IN 46077 and
that the property owned by Steve Prokai is directly next to me to
the north.
I have met with Steve and he has shared his plan to install a pool
on his property and that the plan involves some encroachment into
the easement behind his house. I am supportive of Steve's
property improvement plan and I approve. The Prokais have been
great neighbors and I believe his property improvement plan will
increase the values of our homes.
Please feel free to contact me if you have any additional questions
in the approval process.
Rick Bonar
3845 Branch Creek Ct.
Zionsville, IN 46077
Cell: 317-796-4860
1
(. 4
Paul Stammer
From:
Bill Lambert
Sent:
Wednesday, April 10, 2019 8:47 AM
To:
Conn, Angelina V
Cc:
Paul Stammer
Subject:
Prokai Variance
Below is an email in support from one neighbor
Bill Lambert
PERMA POOLS
www.permapools.com
From: Steve Prokai [mailto:steve@prokai.com]
Sent: Tuesday, April 09, 2019 6:11 PM
To: Bill Lambert <blambert@permapools.com>
Subject: [CAUTION - Unknown Domain] Fwd: Approval of Pool Plan
Hi Bill,
Here's one letter.
Thanks,
Steve
(914) 471-2385
Begin forwarded message:
From: Frederick Melenchuk <fred@ioniiconsulting.com>
Date: April 9, 2019 at 3:55:01 PM EDT
To: "steve@prokai.com" <steve rokai.com>
Subject: Approval of Pool Plan
This confirms that I am the owner of the property at 3856 Branch Creek Court, Zionsville, IN 46077 and
that the property owned by Steve Prokai is directly next to me. Steve has been in communication with
myself and my wife Susan about the plan to install a pool on their property and that this plan will involve
some encroachment into the easement. We are fully supportive of Steve's initiative and approve. The
Prokai family have been great neighbors and a wonderful addition to the families in our neighborhood.
Should you wish to contact me further, please feel free to contact me at my direct line below.
Kind regards,
Frederick P. Melenchuk
CEO
ionji Consulting, I.I.C.
www.ioniiconsulting.com
Direct Line: 317-670-8562
7��, 1�0 a
C)1'?Sulting
NOTICE OF CONFIDENTIALITY. The information contained in this e-mail transmission is confidential information which may be legally privileged and
exempt from disclosure under applicable law. It is intended solely for the use of the individual or entity named above. If you are not the intended
recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying,
distribution or taking of any action in reliance on the contents of this e-mail transmission is strictly prohibited. if you have received this e-mail in error,
please notify Frederick P. Melenchuk at 317 670 8562 to arrange for the return of the original transmission, and delete it from your computer.