HomeMy WebLinkAboutApplciationCARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION - HEARING OFFICER
FEES: Single Family (Primary Residence) $180 for the first variance plus $105 for each additional section of the
ordinance being varied. Commercial and Other $730 for the first variance plus $362 for each additional
section of the ordinance being varied.
Office Use Only
DOCKET NO. DATE RECEIVED:
1) Applicant: U- 5 �f��+�ZIt: / (- C.. C
Address: /� 31 Zts3aA tv i�2 C� 1�'L t N L1 3 3
2) Project Name: Wpti`nLtiT Phone: i 7 - &77 • -2a8
Engineer/Architect: Phone: Iti /t
Attorney: 1`(Z A, Phone:
Contact Person: Phone: -312- 67 "2 - ��8(
Email: GlZ?itQ �/�
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 following:
Owner of the property involved:
Owner's address: Phone:
5) Record of Ownership: Deed Book No./Instrument No. .Z c> (-7c?y c913gt
Page:9 �-- S"D 7(S Purchase date:
6) Common Address of subject property:
Legal Description: �r �.K; . : t1 S£cr�r-f 31-( TLx,—i-1r*tP t4A,,, ; r
Tax Parcel ID No.: 17-01 ` 3'-( - 00 - (i - c,(ct- vim , mf 6n,q--,-r
7) Explanation of Development Standards Variance request: (State what you want to do and cite the section
num-b�er(s) of the Unified Development Ordinance that applies and/or creates the need for this request).
f.71.t L�p4`s."14t i�� l� t,?(; u��-�°r _ri�:j— jilt 5—[L7`L- -51L—i tLL Trt
Pk4 101 5 iL-VO tA- P LA-1) L-rT i cs r•iS 5 i
5!
8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Development Standards Variance").
Lo-r lei i , ?- 2T?,!`r
7TT;�- .`SCE ft- C�c c,�rr. _ 1ri rT r�►i �-(i7 C
Page 1 of 12 Filename: Hearing Officer Development Standards Variance Application Instruction.._ Revised 01/10/19
9) Present zoning classification of the property:
9a) Overlay Zone of property (if applicable):_
10) Size of lot/parcel in question:__ m (z k6rU� acres/sq. ft.
11) Present use of property:
12) Describe proposed use of property: 1`tcw
13) Is the property: Owner occupied —""- 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. /o
15)
16)
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: 4-� lqc:>9 c c>?
Builder: 41r-�Lir3 -R-I t-I '- k4
If proposed appeal is ranted, when will the work commence?
-1-,2 a
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 the Chart on a e 5 a
MANDATORY 10 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 10 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 10 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 7.
THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The a��plicanf understands that docket numbers will not be assi ned until all su ortinr information has been
submitted to the Department of Communit Services.
Applicant Signature: Date:`Z?
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: Hearing Officer Development Standards Variance Application Instruction.. 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. 1, the undersigned, authorize the applicant to act on my
behalf with regard to this application and subsequent hearings and testimony.
STATE OF INDIANA
County of
Signed Name: evozr, `
(Property Owner, Attorney, P wer of Attorney)
Printed Name: N M'uiuf
SS:
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for - �'' \ r i n County, State of Indiana, personally appeared
(Notary Public's county of residence)
ti c-�C�41 C_ _ and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this day of 20 1 _
(date) month) (year)
Notary Public --Signature
' Stephanie L Brook �Notary
Ho-, Notary Public, State of Indiana � ►�(]�Marion County Public --Please Print
Ste, Commission # NP0716648
My Commission Expires
01A` October 31, 202b [[
My commission expires: T 3� 010?A-P
Page 3 of 12 Filename: Hearing Officer Development Standards Variance Application Instruction.._ Revised 01/10/19
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to till out 1st two blanks only)
Docket No.: 19090027
Petitioner: _Homes by McKenzie / HDC LLC
1.
2.
3.
DATED THIS. DAY OF
Board Member
20
Page 10 of 12 Filename: Hearing Officer Development Standards Variance Application Instruction.._ Revised 01/10/19
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 9-3 + first two blanks)
Docket No.: 19090027
Petitioner: _Homes by McKenzie / HDC LLC
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
The variance does not affect the community since the pergola will be on private property and emergency
access will be accessible through the adjacent common area or through the pergola itself. The pergola will
be a `luxury' item and adds value to the home.
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 'smart' pergola is a quality built and ascetically pleasing structure that adds significant value to the
home. Many homeowners like the look and flexibility of the 'smart' pergola. The area adjacent to the
property is a landscaped common area and will not be affected in an adverse manner because it's common
area and will be landscaped to blend into the property's landscape. The pergola has been approved the
Jackson's Grant architectural review board.
3. The strict application of the terms of the Unified Development to the property will result in practical difficulties
in the use of the property because:
The pergola will not fit properly due to the side setback. If we reduced the pergola to fit within the side
setbacks, the pergola would not be large enough to use as a shade structure & would be virtually useless.
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 , 20
HEARING OFFICER, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 11 of 12 Filename: Hearing Officer Development Standards Variance Application Instruction.._ Revised 01/10/19