HomeMy WebLinkAboutApplicationCARMEL 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.
DOCKET NO.
1) Applicant:
Address: OV
2) Project Name:
Engineer/Architect:
Attorney: lei —1
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Contact Person: I
3)
4)
5)
6)
7)
Office Use Only
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DATE RECEIVED:
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Q'U1 Phone: 31�(- Z I -J - I �tI j
Email: (� I'1� C 11 U + �" L°' d re,>° S h'd►'Y) e S • con'1
Applicant's Status: (Check the appropriate response)
Phone:
Phone:
(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: UC C CS VI �.YYI l
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Owner's address: q W C' q to t-h S 100, I nd o I S, P
Record of Ownership: Deed Book No./Instrument No. 2.019 nZL4
Page:
Purchase date: (D — I�5� Ic(
Common Address of subject property:
Legal Description: LGT Z 3 I r ►l
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Tax Parcel ID No.: M- IO -Z 3� � -09- (D
Sec��o n 2
Explanation of Development Standards Variance request: (State what you want to do and cite the section
numbers) of the Unified Development Ordinance that applies and/or creates the need for this request).
See a
8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Development Standards Variance").
Page 1 of 12 Filename: Hearing Officer Development Standards Variance Application &Instructions 2019 Revised 01/10/19
Explanation of Development Standards Variance request:
Legacy PUD Ordinance #Z-501-01, Section 8 — Village Core Use Block, Section 8.3, Exhibit 8 (smaller
detached buildings).
1. Requesting a 20' front building setback line for a front load garage in lieu of 25'.
2. Requesting the garage not to be required to be set back 3' from main front fagade.
State reasons supporting the Variance:
When taking over the ten (10) remaining lots from the previous Builder, we believed our homes would
meet the requirements of the neighborhood based on what was previously built. We did not review
closely enough the specific language as it relates to additional requirements for a front load garage. We
made an erroneous assumption that all homes could be built at the 20' front building setback line as
recorded on The Overlook at Legacy Section 2 plat. A previous home had been approved on lot 22 with
the same 20' setback and plan elevation features as this home. This particular home is our largest being
offered and is unable to be pushed back on the lot to meet the above requirements. This is a sold
home, and the outcome of this variance approval will impact the Purchaser. To further exacerbate the
situation, in an effort to beat the cold weather, our supervisor proceeded to dig the home without a
building permit unbeknownst to him. He had been given information that we would have a building
permit on December 12, 2019, therefore, he scheduled the dig for December 13, 2019. This permit was
applied for on November 18, 2019, and due to the previous exact home being approved, we did not
anticipate any problem in obtaining the building permit. However, on December 12, 2019, we were
informed that the home did not meet certain standards in the Legacy PUD.
9) Present zoning classification of the property: PU
9a) Overlay Zone of property (if applicable):
10) Size of lot/parcel in questio
11)
12)
13)
Present use of property:
Describe proposed use c
Is the property: Owner occupied
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Renter occupied
Other V n CCi i I t.
ft.
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.
1P LPao_cu Pu I� Ord nance �- 5 J 07 Ar, used bu
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: Inc 1.1 (� C� 1 YIC, �C(tYl i bl l loryl e has
Builder: n rec PrC_ M i cr kD m_ S ( n C
16) If proposed appeal is granted, when will the work commence?
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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 page 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 applicant understands that docket numbers will not be assigned until all supporting information has been
Applicant Si
The�5licant 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 &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
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County of &MILTON v N
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(date)
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Signed Name:
Printed Name:
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Attorney, or Power of Attorney)
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(Property
Attorney, or Power of Attorney)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument
(month) (year)
NAIL 4 W4,16
Notary Public --Signature
Notary Public --Please Print
My commission expires:
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Page 3 of 12 Filename: Hearing Officer Development Standards Variance Application &Instructions 2019 Revised 01l10/19