HomeMy WebLinkAboutApplicationCARMEL 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.)
DOCKET NO.
1) Applicant:
Office use Only
Timothy Homes, LLC
DATE RECEIVED:
Address: PO BOX 3422, Carmel, IN 46082
2) Project Name:
Lot 7 Woodhall
Phone:
Engineer/Architect: William Slckmler Phone: 317-223-4810
Attorney: NONE
Phone:
Contact Person: Joe Logan Phone: 317-538-0887
Email: Jlogan2086@aol.com
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: The applicant is the home builder for homeowner.
4)
5)
6)
7)
s)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Vijayapal R and Shobha R Reddy
Owners address: 14239 Skipper Ct Carmel, IN 46033 Phone:317-331-0387
Record of Ownership: Deed Book No./Instrument No.
Page:
Purchase date: 10-31-2018
Common address of the property involved:
Legal Description:
Tax Parcel ID
10455 Woodhall Lane
Acreage .40, section 9, township 17, range 3, Woodhall Lane, Lot 7, Irregular shape
17-13-09-00-12-007.000
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 are seeking a variance of UDO section 2.04 that requires a 30 foot setback for this lot. We are requesting that the setback allowed be changed to
a 25 foot front yard setback instead of the required 30 foot front yard setback.
Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings -of Fact-!Dpvpinpmpnt Rtandardg Variance") -
The house has courtyard style garages so the front door will sit back
very far off the road. The lots are wide and this will not have a negative impact.
Page 1 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
9) Zoning district classification of property: S-1
9a) Overlay Zone of property (if applicable): n/a
10) Size of lot/parcel in question: 17,424 Square Feet acres/sq.ft.
11) Present use of property: Vacant Land
12) Describe proposed use of property: Residential single family home
13) Is the property: Owner occupied �_ Renter occupied �_ Other vacant land
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) 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?
As soon as we can obtain a building pertnR
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The homeowners
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: Joe Logan
M° 20 e 221 o1: 6 8-22-2019
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 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.
STATE OF INDIANA
SS:
Signed Name: (S-.A- kx -.7- Gtr�
(Property Owner, Attorney, or Power of Attorney)
Printed Name: \j1 J A-),4 P A-L p- C-- D-Dj
County of frf v lan W Before me the undersigned, a Notary Public
(County in which notarization takes place)
for M PtV.l O 0 County, State of Indiana, personally appeared
(Notary Public's county of residence)
V 1-3 A \�? g 9A , 120pDY and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this 23 r d
(SEAL)
day of AU UUSZ
JESSIKA NICOLE ROSAS '.
Notary Public - Seal
Marion County . State of Indiana
Commission Number NP0703448
My Commission Expires Jul 31, 2025
2019
CNotary ublic-Signature
la-5-1 V-1a U Lcoc,6 L%6 FI 5
Notary Public —Printed Name
My commission expires: jtji�-31, 2at-
Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
INSTRUCTIONS - DEVELOPMENT STANDARDS VARIANCE
Please allow plenty of time for Department of Community Services (DOCS) staff review and the Board of
Zoning Appeals (BZA) approval process (approximately 45-60 days). Discuss the proposed Variance with the
DOCS staff at a pre -submittal meeting; please contact us for an appointment: 317-571-2417, or Third Floor
Carmel City Hall, 1 Civic Square, Carmel.
NEW: As of January 1, 2019, electronic -only submittals are accepted. Plans are to be submitted electronically
through ProjectDox, Carmel's ePlan review software.Please see the Electronic Plan Review handout for more
information on the process and what needs to be submitted. (Initially, only the filled out application needs to
be emailed to DOCS.)
INFORMATION NEEDED for formal DOCS staff and BZA review:
a. Electronic copy of the filled out and completed application (available from the DOCS website), with legal
description(s) included or attached. The file format can be a PDF, JPG, or similar. (Email to DOCS staff)
b. Electronic copy of a location map showing location of site in question, zoning, and existing land use of adjacent
properties. See GIS Maps link on the DOCS webpage as an option. (Submitted through ProjectDox)
c. Electronic copies of all plans depicting all existing and proposed structures, all exterior architectural building
elevations, landscaping, drainage, lighting, signage, and any other supporting documentation to fully
understand the proposal (Submitted through ProjectDox)
d. Electronic copy of adjacent property owners list certified by the Hamilton County Auditor's Office. (Submitted
through ProjectDox)
4. Once the application is emailed to DOCS, a docket number will be released and you will receive an email from
ePlans ProjectDox to upload the site plans and other drawings. The above referenced information must be
submitted to the DOCS at least 45 days prior to the hearing date. Within 10 days of filing, the application will be
reviewed by staff and correspondence outlining the deficiencies will be emailed to the petitioner, or a docket number
will be assigned, as well as a list of dates and deadlines related to the petition. (A docket number will not be
released until all deficiencies are addressed).
5. The Notice of Public Hearing must be mailed by First Class mail via Certificate of Mailing to all adjacent
property owners. A public notice legal ad must also be published in the required newspaper according to the
Chart on Pa. 5 a mandatory minimum of twenty (20) days prior to the public hearing date. Lastly, a public
hearing sign must be posted on the property (see Pg. 7).
6. After final review, the petitioner needs to pay the required filling fee before the item will be added to the official
BZA meeting agenda. The filing fee is due at least 10 days prior to the meeting.
7. At least 10 days prior to the hearing, the petitioner must submit electronic copies of their proof of
publication(s), proof of adjacent property owners mailings notice, completed Petitioner's Affidavit of Notice of
Public Hearing (pg. 9), and Board member's Info Packets to DOCS.
Also, 8 paper copies of the Info Packet are required that same day. The following is the suggested order and
list of items that should be included in the each Board Member's Info Packet:
a- Finding of Facts (ballot sheet, pg. 10) d- Statement of Supportrt..(short,paragraph)
b- Finding of Facts (question sheet, pg. 11) e- Location Map
c- Statement of Variance (short paragraph) f- Reductions of all plans (site, drainage, landscaping, signage,
lighting, architecture, etc...)
8. Note: At least 5 days prior to the BZA meeting, Planning Staff will release the BZA Dept. Reports which includes
analyses of the petitions, as well as vote recommendations.
9. 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. 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, as well as computer laptop
hookups.
10. Generally, variance applications are acted upon by the Board in one meeting. However, the Board may, at its
discretion, table an item at any time.
11. The Board of Zoning Appeals (usually) meets the fourth Monday of each month at 6:00 p.m. in the Council
Chambers, 2nd floor of Carmel City Hall, 1 Civic Sq., Cannel, Indiana 46032. And, BZA Hearing Officer
meetings are held on the same evening, immediately prior to the regular meeting 95/5:30p.m.), in the City Hall
Caucus Rooms.
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