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HomeMy WebLinkAboutApplication DSV CARMEL BOARD OF ZONING APPEALS DEVELOPMENT STANDARDS VARIANCE APPLICATION FILING FEES: Single Family (Primary Residence) $350.00 for the first variance, plus $105.00 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 Hearing Officer option & Fees.) Office Use Only DOCKET NO. 19070010 V DATE RECEIVED: 1) Applicant: Claud Wood and Linda Martel Wood d/b/a Woody's Barbeque Address: 1516 Norriston Drive, Indianapolis, IN 46280 2) Project Name: Phone: Engineer/Architect: Phone: Attorney:E. Davis Coots Phone: 317-844-4693 Contact Person:E. Davis Coots Phone:317-844-4693 Email:dcoots@chwlaw.com 3) Applicant's Status: (Check the appropriate response) I✓ (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: Linda Martel Wood Owner's address: 1516 Norriston Drive, Indianapolis, IN 46280 Phone:1-574-265-3492 5) Record of Ownership: Deed Book No./Instrument No. Page: Purchase date: November 1112011 6) Common address of the property involved: 1516 Norriston Drive, Indianapolis, IN 46280 Legal Description: See attached Deed. Tax Parcel ID No.: 17-13-12-02-06-05.000 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.) See attached sheet. 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"). Page 1 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19 1. § 25.01(B)(5)(a) restricts the size of an accessory building when combined with the size of the attached garage to 75% of the ground floor area of the principle structure. The existing house is 1,435 square feet excluding the attached garage which would permit 1,076 square feet of accessory structure. The existing garage is 525 square feet and the proposed garage will add another 840 square feet of additional accessory use. The garages combined total 1,365 square feet which is in excess of the permitted square footage by 289 square feet. 2. § 25.01(B)(5)(b) limits the size of an accessory building to 24 feet by 30 feet. The Applicant needs an additional depth of 4 feet to 28 feet to accommodate the length of his trailers. 9) Zoning district classification of property: S-2 9a) Overlay Zone of property(if applicable): 10) Size of lot/parcel in question: 1 acres/sq.ft. Residential-The accessory building will be used to house 2 trailers Applicant uses in his offsite business. 11) Present use of property: 12) Describe proposed use of property: 13) Is the property: Owner occupied I I Renter occupied El 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 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Owner/Applicant NOTE: Three modes of public notice are required. LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 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 page 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 Community Services. Applicant Signature: 1ti �, _.) (1:e.5 ' Date: T f pit 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 2019 Revised 01/10/19 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: &Gin eg:2404"-- (Property A Owner, tto�_ r or Power of Attorney) Printed Name: `", >A V 1 S 0E4975 STATE OF INDIANA SS: County of Hamilton Before me the undersigned, a Notary Public (County in which notarization takes place) for Hamilton County, State of Indiana, personally appeared (Notary Public's county of residence) E. Davis Coots, Attorney and acknowledge the execution of the foregoing instrument (Property ppOpyter, Attorney, or Power of Attorney) this W day of August , 2019 Notary Public--Signature • CHRISTINE NI,O'HARA •��pY?Ug�'•,•• Hamilton County Christine M. O'Hara My Commission Expires -<,•.SELL:? September 21,2o21 Notary Public—Printed Name My commission expires: 9-21 -2021 Page 3 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19 CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES: Single Family (Primary Residence) $333.00 for the first variance, plus $101.00 for each additional section of the ordinance being varied. All Other $1,324.00 for the first variance, plus $625.00 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. DATE RECEIVED: 1) Applicant: Claud Wood and Linda Martel Wood d/b/a Woody's Barbeque Address: 1516 Norriston Drive, Indianapolis, Indiana 46280 2) Project Name: Engineer/Architect: Attorney: E. Davis Coots 3) 4) 5) 6) 7) 8) Phone: Phone: Phone: 317-844-4693 Contact Person: E. Davis Coots Phone: 317-844-4693 Email: dcoots@chwlaw.com Applicant's Status: (Check the appropriate response) XX (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property. (c) Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved Linda Martel Wood Owner's address: 1516 Norriston Drive, Indianapolis, IN 46280 Record of Ownership: Deed Book No./Instrument No. 2011063084 Page: Phone:1-574-265-3492 Purchase date: November 11, 2011 Common address of the property involved: 1516 Norriston Drive, Indianapolis, IN 46280 Legal description: See attached Deed. Tax Parcel ID No.: 17-13-12-02-06-005.000 State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). Section 5.27 of the LIDO precludes parking of trailers on a residential lot. Section 6.109(b) outside parking of Commerical Vehicles. Applicant uses 2 "Smoker" Trailers in their business that are parked on a concrete apron adjacent to their driveway. State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Development Standards Variance"). Applicant needs to have immediate access to their smoker trailers to prepare meats for Page 1 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 their ratering himinecc Applicant-, health prevents him relncating the himiness The request Is f a 2 yr period during which Applicant will construct a building on rear of property to store trailers. 9) Zoning district classification of property: c_9 10) Size of lot/parcel in q 11) Present use of the property: Residential 12) Describe the proposed use of the property: Store 2 commerical Trailers used to smoke meats in Applicants catering business. 13) Is the property: Owner occupied xx 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. No 15) 16) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: 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 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. Applicant Signature: Date: '1 C� r 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 subdivision and zoning ordinance and/or the legal advice of his/her attorney. Page 2 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 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. I �41 i d Signed: LUZZZIn Property Owner, Attorney, or Power of Attorney) STATE OF INDIANA SS: Printed Name: f - 1?zl % € S 61 >n County of l`" A41 t / -1-4) ioz Before me the undersigned, a Notary Public (County in which notarization takes place) for 4,4n, ! t � County, State of Indiana, personally appeared (Notary Public's county of residence) A! (?{_(jP i , ?, Lt ` s 7 C% and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, r Power of Attorney) this � day of U 20 ,,;;i;.'=��.,, CNRI6TINE M.0 R� i ��w.,ur'r"= Hamilton County seu r� My Commission Expires �`":gp;: ��;"� September 21, 262i ©�'t�tCSSfaAJ /'�1vnt ' otary Public --Signature Uh_ (-- �Ttt e, o ff , Notary Public —Printed Name My commission expires: Page 3 of 12 Filename: Development Standards Variance 2017 Revised 12120/2016 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: Petitioner: Linda Martel Wood and Claud Wood d/b/a Woody's Barbecue 3. DATED THIS DAY OF 20 Board Member Page 10 of 12 Filename: Development Standards Variance 2017 Revised 12/20/2016 2. CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE Docket No.: Petitioner: Linda Martel Wood and Claud Wood d/b/a Woody's Barbeque The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The 2 trailers parked on Petitioner's property are clean, well maintained, secure and screened from adjoining properties. 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 parking area is screened from and the vehicles entering or leaving 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 property is Petitioner's place of business for his meat smoking business. If the variance is not granted, Petitioner will be forced out of business. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 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 day of CHAIRPERSON, Carmel Board of Zoning SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on back; Petitioner or representative to sign. Page 11 of 12 Filename: Development Standards Variance 2017 Revised 12202016