HomeMy WebLinkAboutPacket for HO 01-27-20legacy
72271velmont drive, Carmel
dot 23
CARMEL 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: I re
Address: 900
2) Project Name: f
Engineer/Architect:
Attorney: A
Contact Person:
3)
4)
5)
6)
7)
Office Use Only
DATE RECEIVED:
JVItc, IoO. I"Ulu , ItJ
Applicant's Status: (Check the appropriate response)
c�2 U
Phone: 3I[- 29-J-i j �tI D
Phone:
Phone:
311-�3Z-2g(�
(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 CCU t'I �YYI I
Owner's address: q 00 E a %l s , I o o, Ind
Record of Ownership: Deed Book No./Instrument No. z.
Page:
Purchase date: (0 - t3—
Common Address of subject property:
Legal Description
Tax Parcel ID No.:
LOB- Z
7 Z27 C
Offer I� o 6
- 00-C��- 010 ,000
10-?_3-
Car me 1 1)�**l
Sec.ho 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).
rMEMPMWAM
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
Present zoning classification of the property:
Overlay Zone of property (if applicable):
Size of lot/parcel in question: (6
Present use of property:
Describe proposed use c
13) Is the property: Owner occupied
J
Pv 0
Renter occupied
Other � �' La 1�1t
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.
-Tic I Pay;. CIA Pun , 0�-c1 mancc Z- 5t)1-U7 Pnd b,-
15)
ZZ, ZOOS
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: ISO U 1 1yul C(c'1Y)On'1 C 11a
Builder:
s, lnc.
16) 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: 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 Signature
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
County of
for
SS:
(County in which
Signed Name:
Printed Name:
on takes place)
(Notary Public's county of resi�ence)
I�
(Property Ow
his q Tif
t
(date)
(SEAL)
0
Attorney, or Power of Attorney)
(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
day of � �� � ��►v , 20�.
(month) (year)
h'i MW W4,16
rJ�•��ssionF'10 �•%
'0� 30 202 'gyp^•.<�
NOTAR
PUBUC wi:m�
o SEAL;
�� ••�3i `fig. ���-..
Notary Public --Signature
s�nrA,ada- i�E
Notary Public --Please Print
My commission expires:
Page 3 of 12 Filename: Hearing Officer 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 to fill out 1 St two blanks only)
Docket No.:
Petitioner: 1 r �� S poem 1 er 1-t s,
DATED THIS DAY OF , 20
Board Member
Page 10 of 12 Filename: Hearing Officer Development Standards Variance Application &Instructions 2019 Revised 01/10/19
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 +first two blanks)
Docket No.: I �1 I Z L) U I V 5 1 1 14M n 1 Q V
Petitioner: tyre eS Pre I er 14bme s I t1wLc .
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
7"he home Spa V s out of a.t I ea 5e menl-s and I s bu,1�6,00
e SQrrie sef-ht c.l�
I rernen�s �s other homes.
f
UQCW1 >< mCCE ILIC (cicl U. , ` 3efloe0c dUe In Nhe Yunr 10LI 3arT.
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:
{�)�oi'Yle s
ent
ar en.� an d
Ci0�5 Vlv� t°n����r,ti irl-�, �.n�i �faSrrv�Pnt� Or ►dace I�OYI'!eS
e l o s e r I� g e f-{-► e r, 7�Gi i s 1 s cZ 1� r� e h 0 m e-1-ha:� ,��,e,�,i� r C� -(� -� n e i9h b��ho�.
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:
11L Sever/ v I i (Yi i L Ju Varitty of brpd a(- h&t ern be bAi t ba )fd
Oil H11e h m iahnns 11 Crea_1eA '�,,41 au/no PAJ how►e, bz6,
E rW, rnaillPr D(aris e. builW her, dctA f)oF rne'd Ih�
ne ecL6 OF mi f&yccrs look (MsIO r Fh ► s ly pe ()p prooc.ucE- .
Ed
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
HEARING OFFICER, 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: Hearing Officer Development Standards Variance Application &Instructions 2019 Revised 01/10/19
BZA docket # 19120009V and 19120010V
Legacy 23
7227 Delmont Drive, Carmel
Explanation of Development Standards Variance request:
Legacy PUD Ordinance #Z-501-07, Section 8 —Village Core Use Blck, 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 beset back 3' from main fagade.
Reasons for supporting the Variance:
When taking over the 10 remaining lots from the previous builder, we reviewed the requirements for
the neighborhood and also looked at the homes that were built to insure we had product that would
work. The first four homes we sent in were approved, and those are all under construction or
completed. When the subject home was sent in, it was denied based on it not meeting the building
setback requirements for a front load garage. The home was submitted with the front of the home being
right up against the front building setback as recorded on the plat for Legacy Section 2. However,
according to Legacy's PUD site requirement matrix, a front loading garage home is required to be placed
5' back from the front building setback line. We had failed to communicate to our estimating
department this 5' setback requirement. This is the only neighborhood we have ever built in that has a
different requirement from what is recorded on the plat, and therefore, our estimating team did what
they have done on every home we've built. We had not anticipated any issues since one of the four
previous homes (lot 22) had also been approved without being set back 5', as well as one home the
previous builder had constructed. That's not meant to be an excuse just an explanation of how this
came about. The plan in question is our largest floorplan and does not fit on the lot when pushing it
back 5' and that is why we are requesting this particular variance. This also happens to be a sold home
and the buyer needs the space this home has. All our other plans are too small for this buyer. The
second variance we are requesting is for the garage setback from the main fagade of the house. The
garage on this home is set back from the main fagade 2. The requirement is that it be set back
31. There is no modification we can make to meet this requirement since we are already up against the
front and rear setback. To complicate the issue, in an effort to beat cold weather that was coming at the
time, our construction manager went ahead and dug the basement the day after we were scheduled to
get the permit. We applied for the permit on November 18tn and he had been given information that we
should have the permit on December 12tn. The basement was scheduled for the 13tn. We were notified
on the 12tn that there was an issue with the home. This was not immediately communicated to our
construction manager, and he made a bad assumption that there was no issue given the previous homes
approval and he dug the basement on the 13tn
The reasons we are requesting the variance are threefold. The buyer really wants this home, and it's the
only plan that works for them. There are currently two other homes that don't meet the 5' setback
requirement, and we don't feel they negatively impact the neighborhood. The front fagade is setback
by 2' which is in the spirit of the architectural requirements but does fall short by 1'.
We apologize for the errors made and we will not asl< for any other variances to be granted on the
remaining homes we have left to build.
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THE OVERLOOK AT THE LEGACY
INST.#2015-056952 _
LOT #23 — SECTION 2
CITY OF CARMEL, INDIANA M
7227 DELMONT DRIVE II N
wom =I I_ , �
PREPARED FOR
DREES HOMES
NOTE: BUILDER TO ENSURE POSITIVE
DRAINAGE AWAY FROM STRUCTURE(S)
LOT SIZE: 7,800 SQ.FT.
CONC, DRIVEWAY: 807t SQ.FT. HOUSE TYPE: PARKHILL - "A" - FULL BASEMENT
PUBLIC WALK: 223t SQ.FT. OPTIONS: - THREE -CAR FRONTLOAD GARAGE
PRIVATE WALK: 27t SQ.FT. - OUTDOOR LIVING
SEEDING: 1,747t S.F.
SOD: 216f SQ.YD.
s�
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STATE OF '
..z) SUR..o����
GRADING NOTES
PER THE RECORD PUT, LOT j/23
HAS A MINIMUM EXTERIOR
PROTECTION GRADE AND MINIMUM
LOWEST ADJACENT GRADE OF 756.8'
FEET FOR THE FRONT OF THE LOT
AND 754.0' FOR THE REAR OF THE
LOT, THIS WALL INCLUDE TOP OF
ANY WATERTIGHT WANDOW WELLS,
SANITARY SEWER
�i���l•'1��
PROP. a
°RIVE
20' D.k U.E.
r �m� --—[.uu o13.42• L'7
7,50' GARAGE
sz'
7.50'
o PROPOSED
o RESIDENCE o
F.F. = 760.1' O
GAR. = 758.8' O F.F. _
BSM'T = 749.9' GAR. _
BSM'T =
SOD
LOT #23 16,00' LINE o
SOD NE
S.F. o PORCH n
LINE 34:00'
0 25' B.L. ROM WHI I 100 YR 54.G
- L00B-E4_EVATION
203 D.E. o
SUMP DRAIN N
- DRIVE ENTRY TO CONFORM WATH GTY OF CARMEL STD.
- THE LOCATIONS, DIMENSIONS, AND WADTH ALONG THE PROPOSED PUBLIC
SIDEWALK WERE SCALED OR TAKEN FROM ENGINEERING CONSTRUCTION PLANS
PREPARED BY OTHERS OR AS PROVIDED.
VERIFY SANITARY LATERAL LOCATION PRIOR TO CONSTRUCTION
IT SHALL BE THE RESPONSIBILITY OF THE BUILDER/CONTRACTOR TO VERIFY
THE BUILDING DIMENSIONS, BUILDING LOCATIONS, THE LOCATION OF OTHER
PERTINENT FEATURES AND ELEVATIONS PRIOR TO THE START OF
CONSTRUCTION, THE INTENDED USE OF THIS PLOT PLAN IS FOR SECURING
BUILDING PERMITS ONLY AND SHALL NOT BE USED FOR ANY OTHER
PURPOSE.
LAND
DEVELOPMENT CONSULTING
T Rt%�' & LAND SURVEYING SERVICES
fDJ1J 11650 Olio Road, Suite#1000-289
NORTH Phone: (317)-84148754
v1NTHERIGITTHIxECROW Fax:(317)-841-8762
E-mail: Troy@Tmenorthindy.com
65.00 POND
100 = 747.06'
WHITE RIVER BFE = 752.0'
LEGEND
000.0 —PROPOSED GRADE
000.0 — EXISTING GRADE
ORWN: TAT DATE: 11/12/19 SCALE: 1" = 30'
JOB/: 19-82512/02/19 DOCUMENT SIZE: 8-1/2230
ZONED: S1 (MODIFIED) F.F.E. H$E: 760.1'
ZONING: 6BETWEEN F.F.E. GAR: 758.8'
20' REAR F.F.E. BSM'T: 749.9'
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