HomeMy WebLinkAboutApplication Additional DSVPage 1 of 12 Filename: development standards variance application & instructions 2018 Revised 01/02/2018
CITY 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. ________________________________ DATE RECEIVED:_______________________________
1) Applicant: _____________________________________________________________________________
Address: _____________________________________________________________________________
2) Project Name: __________________________________________ Phone: ________________________
Engineer/Architect:______________________________________ Phone: _________________________
Attorney:_______________________________________________ Phone: ________________________
Contact Person:__________________________________________Phone:________________________
Email:_______________________________________________________________________________
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. (c) Other: __________________________________________________
4) If Item 3) (c) is checked, please complete the follo wing:
Owner of the property involved: __________________________________________________________
Owner's address: __________________________________________ Phone:_____________________
5) Record of Ownership: Deed Book No./Instrument No.___________________________________________
Page: ______________________ Purchase date: _____________________________________________
6) Common address of the property involved: ___________________________________________________
Legal description: ______________________________________________________________________
Tax Parcel ID No.:__________________________________________________________________
7) State explanation of requested Development Standards Variance: (State what you want to do and c ite the
section number(s) of the Unified Development Ordinance that applies and/or creates the need for this
request).
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Development Standards Variance").
_____________________________________________________________________________________
_____________________________________________________________________________________
Page 2 of 12 Filename: development standards variance application & instructions 2018 Revised 01/02/2018
9) Zoning District classification of property: _________________________________________________
9a) Overlay Zone of property (if applicable):___________________________________________________
10) Size of lot/parcel in question:__________________________________________________________acres
11) Present use of the property: ______________________________________________________________
12) Describe the proposed use of the property: __________________________________________________
_____________________________________________________________________________________
13) Is the property: Owner occupied __________ Renter occupied _________ Other ___________________
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals fil ed 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 de tails:
Building Permit Number: _________________________________________________________________
Builder: ______________________________________________________________________________
16) If proposed appeal is granted, when will the work commence?
_____________________________________________________________________________________
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
_____________________________________________________________________________________
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 o f 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 3 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 herew ith 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: ________________________________________
(Property Owner, Attorney, or Power of Attorney)
Printed Name: _______________________________________
STATE OF INDIANA
SS:
County of ________________________________________________ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for __________________________________________ County, State of Indiana, personally appeared
(Notary Public's county of residence)
____________________________________________ and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this ____________ day of ___________________________________, 20________
_________________________________________
Notary Public--Signature
(SEAL)
_________________________________________
Notary Public—Printed Name
My commission expires: _________________________________
EXHIBIT “A”
Contact Information
1. Applicant: Lennar Homes of Indiana, Inc.
c/o Keith Lash, VP of Land Acquisition and Development
9025 N. River Road, Suite 100
Indianapolis, IN 46240
Phone: (917) 659-3231
Email: keith.lash@lennar.com
2. Parcel Numbers / Owners: Parcels: 17-09-19-00-00-011.000 & 17-09-19-00-00-047.000.
Troy Family Real Estate LLC
56 Cool Creek Ct.
Carmel, IN 46033
17-09-19-00-00-047.002,
Kevin C & Heather M Troy
4100 141st Street W.
Carmel IN, 46074
3. 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
4. Engineer Gordan Kritz
Stoeppelwerth & Associates, Inc.
7965 East 106th Street
Fishers, IN 46038
Phone: (317) 570-4701
Email: gkritz@stoeppelwerth.com
LENNAR'S APPLICANT CONSENT TO AND JOINDER IN APPLICATIONS
The undersigned, Lennar Homes of Indiana, Inc., ("Lennar"), is the Applicant regarding parcels of real
estate that are identified per the records of the Hamilton County, Indiana Auditor's Office as Tax Parcel
Identification Numbers 17-09-19-00-00-011.000; 17-09-19-00-00-047.002; and 17-09-19-00-00-047.000
(collectively, the "Real Estate"). Lennar is seeking rezone approval, plat approval and variance approval before
certain bodies of the City of Carmel, including but not limited to, the City of Carmel Plan Commission and City
of Carmel Common Council in order to develop the Real Estate for a residential subdivision (collectively, the
"Application"). In addition, if Lennar 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 Lennar pertaining to the development of the Real Estate.
Further, Lennar also authorizes it's employees, engineers, land planners, attorneys, attorneys' employees and
agents, as follows:
To file Application with respect to the Real Estate;
2. To pursue the approval of the Application and Other Approvals, as such may be required; and,
3. To act on behalf of Lennar with regard to the Application and Other Approvals
"Applicant"
Lennar Homes of Indiana, Inc.
In
Title:
Date:
STATE OF t )
SS:
COUNTY OF C( I—f
Before in the dersigned, a Notary Public, in and for said Co"ty anA. State., personally appeared
Ih� I��. (name), as t (! f���`G f _ (title) on behalf
of Lennar Homes of Indiana, Inc., as the Applicant and acknowledged the execution of the foregoing
Applicant's Consent and Joinder in Applications.
WITNESS my hand and Notarial Seal this I
My Commission Expires:
7-,-�_-�,
County of Residence: Hjo? I7 i (l�'✓
day of 2019.
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EXHIBIT "C"
TROY OWNER'S CONSENT TO AND JOINDER IN APPLICATIONS
The undersigned, Troy Family Real Estate, LLC and Kevin C. Troy and Heather M. Troy, (collectively referred
to as "Troy"), are the owners of parcels of real estate that are identified per the records of the Hamilton County, Indiana
Auditor's Office as Tax Parcel Identification Numbers 17-09-19-00-00-011.000; 17-09-19-00-00-047.002; and 17-09-19-
00-00-047.000 (collectively, the "Real Estate"). Troy hereby consents to, authorizes and joins in the filing of applications
by Lennar Homes of Indiana, Inc. ("Lennar") seeking rezone approval, plat approval and variance approval before certain
bodies of the City of Carmel, including but not limited to, the City of Carmel Plan Commission and City of Carmel
Common Council in order to develop the Real Estate for a residential subdivision (collectively, the "Application"). In
addition, if Lennar 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 Lennar pertaining to the development of the Real Estate. Troy also authorizes Lennar and Lennar's employees,
engineers, land planners, attorneys, attorneys' employees and agents, as follows:
To file the Application with respect to the Real Estate;
2. To pursue the approval of the Application and Other Approvals, as such may be determined by Lennar;
and,
To act on behalf of Troy with regard to the Application and Other Approvals
"OWNER"
-} Troy Family
amily/y Real Estate, LLC
By:
Name: iy H C1 a L U CON
Title: l v, C L * V,—
Date:
STATE OFi✓QC>�
' / ) COUNTY OF f� I i ) SS:
Before me the undersigned, a Notary Public, in and for said County and State, personally appeared
UP —i) 4 A - L ui�?-(I/G (name) as _ 114J✓VA- 5 6(title) of Troy Family Real Estate,
LLC, as an Owner of a portion of the Real Estate, and acknowledged the execution of the foregoing Owner's Consent and
Joinder in Applications.
WITNESS my hand and Notarial Seal this day of MAJV , 2019.
My CommissionExpires:
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Coul4ty of Residence:.
A,M l LTA
Printed Name
JASON P. WEKING
Resident of Hamilton County, IN
07�
>� Commission Expires: April 8, 2024
"OWNER"
din C. Troy
By: L- '
Name: Kevin C. Troy_
Date: ,S - 7 - / 91
STATE OF f 001A WA )
SS:
COUNTY OF 14411 LMt j )
Before me the undersigned, a Notary Public, in and for said County and State, personally appeared Kevin C. Troy,
as an Owner of a portion of the Real Estate, and acknowledged the execution of the foregoing Owner's Consent and
Joinder in Applications.
WITNESS my hand and Notarial Seal this ,JT. day of "A 12019.
My Commission Expires:
9 / (0' glo c)-57
County of Residence:
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Notary Public
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Printed Name
"OWNER"
Heather M. Troy
By: — - —
Name: Heather M. Troy
Dater 77
STATE OF WOIA IJA )
SS:
COUNTY OF kA,/nl LIDO )
Before me the undersigned, a Notary Public, in and for said County and State, personally appeared Heather M.
Troy, as Owner of a portion of the Real Estate, and acknowledged the execution of the foregoing Owner's Consent and
Joinder in Applications.
WITNESS my hand and Notarial Seal this ,] T4 day of rhV , 2019.
My �Commission Expires: y)
County of Residence:
MAMILTD 0
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Notary Public
Printed Name
LEGAL DESCRIPTION
A part of the North Half of Section 19, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, being more particularly described as follows:
Beginning at the Southwest corner of the Northeast Quarter; thence North 89 degrees
45 minutes 39 seconds East along the south line thereof 236.04 feet; thence North 00
degrees 02 minutes 44 seconds West 653.58 feet; thence South 89 degrees 45 minutes
56 seconds West 234.65 feet; thence North 00 degrees 14 minutes 32 seconds East
653.67 feet; thence South 89 degrees 49 minutes 57 seconds West 656.39 feet; thence
South 00 degrees 06 minutes 11 seconds West 1308.08 feet to a point on said South line
of the North Half; thence North 89 degrees 45 minutes 39 seconds East along said
South line 655.11 feet to the place of beginning, containing 23.0 acres, more or less.
This description is for zoning purposes only and is subject to change upon the
completion of an accurate boundary survey.
CARMEL ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT SHEET - DEVELOPMENT ST ANDARDS VARIANCE
Requested Variance: The applicant is seeking the following variance:
1. The Minimum Lot Width of one hundred (100’) feet, proposing a
Minimum Lot Width of ninety (90’) feet. (ZO Chapter 2.06);
2. Minimum Side Yard Setback of ten (10’) feet for single family
dwellings and twenty (20’) feet for all other uses, proposing a
Minimum Side Yard Setback of five (5’) feet for single family
dwellings and ten (10’) feet for all other uses. (ZO Chapter 2.06).
FINDINGS OF FACT
1. The approval of the requested variances will not be injurious to the public health, safety,
morals and general welfare of the community because:
The approval of the requested variance will not be injurious to the public health, safety,
morals and general welfare of the community because the requested variance would
allow a residential subdivision complementary of the surrounding neighborhoods. The
proposed Troy Estates subdivision will have attractive and desired homes comparable to
the already established neighborhoods surrounding the development.
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:
The use and value of the area adjacent to the real estate that is the subject of the
requested variance will not be affected in a substantially adverse manner because the
residential character would be complimentary to the residential communities that
surround the site. The Troy Estates will not have a substantially adverse impact on the
area adjacent to the site.
3. 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:
The Troy Estates residential subdivision cannot be developed as proposed without the
requested variance.
Exhibit F
Troy Estates Project Description
Lennar Homes of Indiana, Inc. (“Lennar”) is the applicant concerning the parcels of real estate
generally located at 4100 W. 141st Street, Carmel, IN 46074 and identified as Parcel Nos. 17-09-
19-00-00-047.002, 17-09-19-00-00-011.000 & 17-09-19-00-00-047.000 with the Hamilton
County Auditor’s Office (the “Real Estate”)
After the initial review from the City of Carmel Staff, Lennar is seeking the following
additional development standards variances from the City of Carmel’s Zoning Ordinance (“ZO”)
to accommodate the improved site layout and open space areas:
1. ZO Chapter 2.06 – The Minimum Lot Width of one hundred (100’) feet, proposing a
Minimum Lot Width of ninety (90’) feet; and
2. ZO Chapter 2.06 – The Minimum Side Yard Setback of ten (10’) feet for single family
dwellings and twenty (20’) feet for all other uses, proposing a Minimum Side Yard
Setback of five (5’) feet for single family dwellings and ten (10’) for all other uses.
These two (2) additional variance requests will accompany the one (1) previously filed
variance request:
1. ZO Chapter 2.06 – The Minimum Front Yard Setback of thirty-five (35’) feet,
proposing a Minimum Front Yard Setback of twenty-five (25’) feet.