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.)
Office Use Only
DOCKET NO. DATE RECEIVED:
1) Applicant: Pulte Homes of Indiana, LLC, an Indiana limited liability company
2)
Address:
11590 N. Meridian St. #530, Carmel, IN 46032
Project Name: Copperleaf Subdivision Phone:
Engineer/Architect: HWC Engineering Phone: (317) 347-3663
Attorney: Timothy Ochs, Ice Miller LLP Phone: (317) 236-5952
Contact Person: Timoth Ochs and Devin Brown, Ice Miller LLP Phone: (317) 236-5925
Email:timothy.ochs@icemiller.com and devin.brown@icemiller.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
4)
5)
6)
purchaser of the property. (c) Other:
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: N/A
Owner's address: N/A
Phone: N/A
Record of Ownership: Deed Book No./Instrument No. Deed Book 5
Page: 932 Purchase date: January 24, 2019
Common address of the property involved: Copperleaf Subdivision, Carmel, IN
Legal Description: Please see attached for Legal Description
Tax Parcel ID No.: Please see attached for Tax Parcel ID Numbers.
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.)
The applicant seeks a development standards variance to allow 10 homes instead of 5 homes to have less than 50% masonry on
the front facade as required in Section 12(c) of Exhibit C of the Planned Unit Development Ordinance for Copperleaf Subdivision.
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").
See attached Exhibit A for reasons supporting why BZA should grant the requested Development
Standards Variance.
Page 1 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
9) Zoning district classification of property: PUD
9a) Overlay Zone of property (if applicable): N/A
10) Size of lot/parcel in question: 22.425 Acres acres/sq.ft.
11)
Present use of property: Single Family Subdivision Under Development
12) Describe proposed use of property: as a subdivision for a single family residential neighborhood.
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.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/A
Builder: Pulte Homes of Indiana, LLC, an Indiana limited liability company
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?
Pulte Homes of Indiana, LLC, an Indiana limited liability company
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 Communit Servi
Applicant Signature: pis ar�o�nc. Date:
The applicant certifio by signing this application that he/she had 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
Exhibit A
Legal Description of Real Estate
Part of the Southwest Quarter of Section 30, Township 18 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees 08
minutes 31 seconds West (basis of bearings is grid North per Indiana State Plane Coordinate
System — East Zone, NAD83(201 1) EPOCH 2010.0000) along the west line of said Southwest
Quarter a distance of 20.00 feet to the south right-of-way of W. 131 st Street as described in
Instrument Number 200200039095 in the Office of the Recorder of Hamilton County, Indiana,
and the POINT OF BEGINNING; thence along said south right-of-way the following three (3)
courses: (1) thence South 89 degrees 30 minutes 59 seconds East parallel with the north line of
said Southwest Quarter a distance of 300.00 feet; (2) thence North 86 degrees 1.9 minutes 26
seconds East 165.44 feet; (3) thence South 89 degrees 30 minutes 59 seconds East 352,86 feet;
thence South 00 degrees 33 minutes 29 seconds East 336.56 feet; thence continuing South 00
degrees 33 minutes 29 seconds East 849.30 feet to the north fine of a tract described in
Instrument Number 2012081882 in said Recorder's Office; thence South 89 degrees 59 minutes
05 seconds West along the north line of said tract a distance of 832.41 feet to the west line of
said Southwest Quarter; thence North 00 degrees 08 minutes 31 seconds East along said west
line a distance of 850.86 feet; thence continuing North 00 degrees 08 minutes 31 seconds East
along said west line a distance of 330.07 feet to the POINT OF BEGINNING, containing 22.425
acres, more or less.
A -I
TAX PARCEL ID's For Development Standards Variance Request for Copperleaf
Subdivision
Address Number
Tax Parcel
12888 Copper Run Blvd
17-09-30-00-10-016.000
12889 Copper Run Blvd
17-09-30-00-10-017.000
12904 Copper Run Blvd
17-09-30-00-10-015.000
12905 Copper Run Blvd
17-09-30-00-10-018.000
12910 Chenille Dr
17-09-30-00-10-005.000
12925 Copper Run Blvd
17-09-30-00-10-019.000
12926 Chenille Dr
17-09-30-00-10-004.000
12941 Copper Run Blvd
17-09-30-00-10-020.000
12942 Chenille Dr
17-09-30-00-10-003.000
12957 Copper Run Blvd
17-09-30-00-10-021.000
12958 Chenille Dr
17-09-30-00-10-002.000
12962 Copper Run Blvd
17-09-30-10-00-014.000
12973 Copper Run Blvd
17-09-30-00-10-022.000
12974 Chenille Dr
17-09-30-00-00-043.302
12977 Chenille Dr
17-09-30-00-10-006.000
12978 Copper Run Blvd
17-09-30-00-10-013.000
12989 Copper Run Blvd
17-09-30-00-10-023.000
12993 Chenille Dr
17-09-30-00-10-007.000
12994 Copper Run Blvd
17-09-30-00-10-012.000
13005 Copper Run Blvd
17-09-30-00-10-024,000
13010 Copper Run Blvd
17-09-30-00-10-011.000
13011 Chenille Dr
17-09-30-00-10-008.000
13021 Copper Run Blvd
17-09-30-00-10-025.000
13026 Copper Run Blvd
17-09-30-00-10-010.000
13027 Chenille Dr
17-09-30-00-10-009.000
13041 Copper Run Blvd
17-09-30-00-10-026.000
13044 Chenille Dr
17-09-30-00-10-001.000
13060 Chenille Dr
17-09-30-00-00-043.003
4509 W 131.st St.
17-09-30-00-00-043.000
0 Copper Run Blvd (East common
area)
17-09-30-00-10-029.000
0 Chenille Dr (West common area)
17-09-30-00-10-027.000
0 Copper Run blvd (Central
common area)
17-09-30-00-20-028.000
NOTE
Exhibit A
Reasons Supporting Why BZA Should Grant Requested Development Standards Variance
Customer demand for homes with historic architecture, particularly Craftsman -style that do not
lend itself to significant masonry, is high. To meet this demand, applicant desires to increase the
number of homes that can have less than 50% masonry on the front facade to 10 homes instead.
To ensure that quality and aesthetics are maintained, applicant proposes to execute and record
the proposed commitments included with this application.
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 t74?
Signed Name:
STATE OF INDIANA
SS:
(Property Ownet/Attorney, or Power of Attorney)
IU
Printed Name: �.•.011 •/ I. • a- 10 A lif f 4_c
County of rA k< ""^ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for G ACOJ( County, State of Indiana, personally appeared
(Notary Public's county of residence)
�dt ��r��► ��O�n ° and acknowledge the execution of the foregoing instrument
(Property bwner, Attorney, or Power o Attorney)
this ,�,Df� day of kcc-4 r 20 9
Notary Public --Signature
(SEAL)
D, btu 1..
Notary Public —Printed Name
My commission expires: (/ • 1?5 , P002A
DEBRA L. POESCHEL
Notary Public
SEAL
Hancock County, State of Indiana
My Commission Expires October 29, 2022
Commission Number 659156
Page 3 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.:
Petitioner:
Pulte Homes of Indiana, LLC, an Indiana limited liability company
DATED THIS DAY OF , 20
Board Member
Page 10 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3 and first 2 blanks)
Docket No.:
Petitioner: Pulte Homes of Indiana, LLC, an Indiana limited liability company
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
Deviation from the use of masonry material will not result in homes that are
less safe or desirable. Additionally, the price point for homes in the area will not
be materially impacted and the aesthetics of the subdivision will be maintained.
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 approved architectural elevation of homes with less than 50%
masonry on the front facade is aesthetically pleasing and consistent
with historical architectural designs.
3. The strict application of the terms of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because:
Buyers demand the option to have less masonry to make their home consistent with
historic architectural types. If they do not have the option to build a home with less masonry,
the applicant will have issues finding buyers interested in building homes in the subdivision.
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 Appeals
SECRETARY, Carmel Board of Zoning Appeals
.20
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 11 of 12 Filename: development standards variance application & instructions 2019 Revised 01/10/19
Exhibit A
Legal Description
Part of the Southwest Quarter of Section 30, Township 18 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees 08
minutes 31 seconds West (basis of bearings is grid North per Indiana State Plane Coordinate
System — East Zone, NAD83(2011) EPOCH 2O10.0000) along the west line of said Southwest
Quarter a distance of 20.00 feet to the south right-of-way of W. 131 st Street as described in
Instrument Number 200200039095 in the Office of the Recorder of Hamilton County, Indiana,
and the POINT OF BEGINNING; thence along said south right-of-way the following three (3)
courses: (1) thence South 89 degrees 30 minutes 59 seconds East parallel with the north line of
said Southwest Quarter a distance of 300.00 feet; (2) thence North 86 degrees 19 minutes 26
seconds East 165.44 feet; (3) thence South 89 degrees 30 minutes 59 seconds East 352.86 feet;
thence South 00 degrees 33 minutes 29 seconds East 336.56 feet; thence continuing South 00
degrees 33 minutes 29 seconds East 849.30 feet to the north line of a tract described in
Instrument Number 2012081882 in said Recorder's Office; thence South 89 degrees 59 minutes
05 seconds West along the north line of said tract a distance of 832.41 feet to the west line of
said Southwest Quarter; thence North 00 degrees 08 minutes 31 seconds East along said west
line a distance of 850.86 feet; thence continuing North 00 degrees 08 minutes 31 seconds East
along said west line a distance of 330.07 feet to the POINT OF BEGINNING, containing
22.425 acres, more or less.
Exhibit B
Conceptual Home Elevations
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