HomeMy WebLinkAboutApplicationCARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION - HEARING OFFICER
FEES: Single Family (Primary Residence) $184 for the first variance plus $107 for each additional section of the
ordinance being varied. Commercial and Other $749 for the first variance plus $371 for each additional
section of the ordinance being varied.
Office Use Only
DOCKET NO. DATE RECEIVED:
1) Applicant: h6u4z M C e(-.z1'e I rtc
Address: 41 S bor'v*- AreV e- e*&rme_ % lAr 6 d 3 3
2) Project Name: 0 A.Kcf It m l e_�- Phone: N LA
Engineer/Architect: H/A Phone: �V �R-
Attorney: N�fl _ Phone: -V1A
Contact Person: d h &1 AA[ /e e n Va Phone: 3 / % - Z O l %O ` /
Email: '0 ti 4► #K t k e*-LmL % a C"v «e G tM, , idw.
ProjectDox Contact Person: 54"411 gas 44o v of Phone: V A &"c AS d. bo ve
Email: 574.+ e
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: G.
Owner's address: S I ct' kL, Phone: 317 - Z 81- 740
I
5) Record of Ownership: Deed Book No./Instrument No. eatse 5, Yl(e_ &/-/-ae
Page: _R k4fe Ste a/*ek—oPurchase date:
6) Common Address of subject property: 475 4%,o0 y 7 7 $ t Kl evu Pf;%m- CA.--s-e / #kv .; Z
Legal Description: 'TAe sla , 14 >A- a i 4&e k S ows G rexK f Ot , Se �'�-id>V. 1 � L O f5 q +- t 0
Tax Parcel ID No.: / T' O = 3 rao- 1 t�tiD� 0 Q ; + T - d$---iI
7) Explanation of Development Standards Variance request: (State what you want to do and cite the section
number(s) of the Unified Development Ordinance that applies and/or creates the need for this request).
a how4e o✓ej- -r$e;A b&ek a•-J groper fy 1
8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Development Standards Variance").
Tie I CA, rc e 1 D 04 tv f - / D oV. $1 i 0'd0f-0 r*444-.- /�S / s Q / S 0 /0 CC f e fie.& S i v� �
a.*% of *i axes e. a-v*"r, i t-.w4, - reeveaeep a„ H,% de_e d
no home evifl be 6a,'/f-'0r /07 Q. OarA0. t„�%/ itlSo j4i4 /4e13
Page 1 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2020 Revised 1/2/2020
9) Present zoning classification of the property: S/ ✓a44- Pu b
9a) Overlay Zone of property (if applicable):
10) Size of lot/parcel in question: d + MA 4yt02 ag �'A eA c k acres/sq. ft.
l l) Present use of property- V44 apt4 W- ¢ 12) Describe proposed use of property: me w her; em s h%Ac ha
13) Is the property: Owner occupied Renter occupied 71 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.
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 commencel
as soon as pass%ble — 30 days
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed? e�
�y rYicXV"24t, /Kc.
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 aoplicant understands that docket numbers will not be assioned until all su000rtina information has been
submitted to the Department of Community Services.
Applicant Signature: .1" F - A!�:�Date: Z Z 2 0
The applicant certifies by signing this application Q he/she has been advised that all representations of the Dept.
of Community Services are advisory only and that the applicant should rely on appropriate Unified Development
Ordinance standards and/or the legal advice of his/her attorney.
Page 2 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2020 Revised 1/2/2020
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: DG L LG
(Property Owner, Attorney, or Pow r o Attorney)
Printed Name: Ame /o .4,t A4eA ! Ka/'c-
M eoLbu
County of A `- -O Before me the undersigned, a Notary Public
(County in which notarization takes place)
for iA C.2 � ( 3-c, ___ County, State of Indiana, personally appeared
(Notary Public's county of residence)
_7� Cwr1 "c_*-y_j12-, C-) and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
�N`
this � � day of _ V- 96�u , 20
(date) (month) (year)
(SEAL)
TE
Stephanie L Brook
Notary Public, State of Indiana
* -- 1'
Marion County
Commission # NPC716648
#�'
My Commission Expires
October 31, 2026
04
Notary Public --Signature
i�g=� a vi,- `(_- �c O�X_
Notary Public --Please Print
My commission expires: !�-• 3\ 1p
Page 3 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2020 Revised 1/2/20
A S T 0 E P P E L W E R T H
+ ALWAYS ON
7965 East 106th Sheet, Fishers, IN 46038-2505 �.
phone:317.B49.5935 fax:317.949.5942
(PIN)
THE F007INGS FOR THIS HOUSE SHOULD BE
PINNED SINCE THERE IS LITTLE OR NO TOLERANCE
ON THE BUILDING LINE SETBACK. CALL US WHEN
FOOTING IS MI SO ME CAN SCHEDULE PINNING.
DRY DENTENTION BASIN
100 YEAR ELEV-854.63
54.6A8 AREA COMMON AAP1-7
VAR. R.D.E. REA .A.E"&
S.S.E.&L.M.A E.&B.M.P.E.
54.1 AB
35.50 5'SW 35.50
FOUNDATION WALL
ATTACHED TO LOT 8
10' D.&U.E-
10 B.L.
5;
56.7
30.7'
i LOT 9
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ATTACHED TO LOT 81
MH 13- D. q S.E. 57,
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55"9
T.C.=856.65
AS BUILT
55.59
MON
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BENCHMARK
TOP OF CASTING = 857.00
ALL UNDERGROUND SEWERS AND UTILITIES
SHOWN ARE PLOTTED BY SCALE FROM
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CONTROL# 90708 MCKEN
477 SIMON DRIVE
CARMEL, IN 46032
LOT 10
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LOT AREA: 4 402 SQ.—FT.
LoI 9
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LOT AREA: 4.402 SO. —FT.
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ENTRY DETAIL
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LEGEND:
FX_X. _X1 PROPOSED GRADE PER PLAN
XX-XAB AS BUILT GRADE
SUB -SURFACE DRAIN
SANITARY SEWER
A*
6' AS BUILT SANITARY LATERAL
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6" PROPOSED SANITARY LATERAL
STORM SEWER
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WATER MAIN
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SANITARY MANHOLE
STORM MANHOLE
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CURB INLET
FIRE HYDRANT
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BUILDING LINE
U.E.
UTILITY EASEMENT
S.S.E.
SANITARY SEWER EASEMENT
P.A.E.
PEDESTRIAN ACCESS EASEMENT
R.D.E.
REGULATED DRAINAGE EASEMENT
L.M.A.E.
LANDSCAPE MAINTENANCE ACCESS
EASEMENT
D.U.&S.S.E.
DRAINAGE. UTILITY &
SANITARY SEWER EASEMENT
B.M.P.E.
BEST MANAGEMENT PRACTICE
EASEMENT (WATER QUALITY)
RM.LA.G.
FRONT MINIMUM LOWEST
ADJACENT GRADE
R.M.LA.G.
REAR MINIMUM LOWEST
ADJACENT GRADE
F.M.F.P.G.
FRONT MINIMUM FLOOD
PROTECTION GRADE
R.M.F.P.G.
REAR MINIMUM FLOOD
PROTECTION GRADE
VAR.
VARIABLE
D.&U.E.
DRAINAGE & UTILITY EASEMENT
I.E.E.
INGRESS EGRESS EASEMENT
SSOEPp
No.
80040474
= STATE OF
tio...........:.
'RECORD DRAWINGS' FURNISHED BY ENGINEER. LOT 10 -,"""SU,Rv„`�
THE HAMLET AT
JACKSON S GRANT, SECTION 1
INST. #2017040894
P.C. #5. SLIDE f715
C.O.C. #2017044838, #2017054329, #2018006403
ZONING: SILVARA PUD—
VILLAGE NEIGHBORHOOD (ATTACHED)
20' MINIMUM SIDE YARD (AGGREGATE)
MCKENZIE OOlLEC710N 10' MINIMUM REAR YARD
4M LOOM MVE 5' MINIMUM FRONT YARD
IN 46= 90% MAXIMUM LOT COVERAGE
NOTE: THIS DRAA9NG IS NOT INTENDED TO BE
REPRESENTED AS A RETRACEMENT OR ORIGNAL
BOUNDARY SURVEY. A ROUTE SURVEY OR A
SURVEYOR LOCATION REPORT.
iwmvmm02Prf� � !Iffi ! 1W1k L
4/20 i J
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DULY ENTERED FOR TAXATION
Subject to final acceptance of transfer N C
11 th day of April 2017 - CRH
tI, y 7v.yAAsj Auditor or Hadton County
Parcel # 17.09-34-00-00.018. 2017015675 WD $20.00
04/11/2017 12:06:02PM 3 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that JACKSON'S GRANT REAL ESTATE
COMPANY. LLC, an Indiana limited liability company ("Grantor"), CONVEYS to HDC,
LLC, an Indiana limited liability company ("Grantee"), for the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, certain real estate located in Hamilton County, Indiana which is more particularly
described on Exhibit A attached hereto and incorporated herein by refernece (the "Real Estate").
SUBJECT TO THE FOLLOWING:
l . Real estate taxes not yet due and payable.
2. All easements, restrictions, covenants, and other matters of record.
Grantor hereby, for itself and its successors and assigns, covenants and agrees with
Grantee that Grantor is lawfully seized in fee simple of the Real Estate herein conveyed; that it
has good right to sell and convey the same in the manner set forth herein; and that Grantor, its
successors and assigns shall warrant and defend the same unto Grantee forever against the lawful
claims and demands of all persons claiming by, through or under Grantor, but against none other.
The undersigned person executing this Special Warranty Deed on behalf of the Manager
of Grantor represents and certifies that he is a duly authorized agent of the Manager and has been
fully empowered to execute and deliver this Special Warranty Deed for and on behalf of the
Manager; that said company has full capacity to act as said Manager to convey the Real Estate;
and that all necessary action for the creation and execution of this conveyance has been taken
and done.
Split Sheet & Map attached to SDF
[Remainder of Page Intentionally Left Blank]
First American Title
251 E. Ohio Street, Suite 555
Indianapolis, IN 46204
FILE NO: ` 2 i n D
.p
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that JACKSON'S GRANT REAL ESTATE
COMPANY. LLC, an Indiana limited liability company ("Grantor"), CONVEYS to HDC,
LLC, an Indiana limited liability company ("Grantee"), for the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, certain real estate located in Hamilton County, Indiana which is more particularly
described on Exhibit A attached hereto and incorporated herein by refernece (the "Real Estate").
SUBJECT TO THE FOLLOWING:
Real estate taxes not yet due and payable.
2. All easements, restrictions, covenants, and other matters of record.
Grantor hereby, for itself and its successors and assigns, covenants and agrees with
Grantee that Grantor is lawfully seized in fee simple of the Real Estate herein conveyed; that it
has good right to sell and convey the same in the manner set forth herein; and that Grantor, its
successors and assigns shall warrant and defend the same unto Grantee forever against the lawful
claims and demands of all persons claiming by, through or under Grantor, but against none other.
The undersigned person executing this Special Warranty Deed on behalf of the Manager
of Grantor represents and certifies that he is a duly authorized agent of the Manager and has been
fully empowered to execute and deliver this Special Warranty Deed for and on behalf of the
Manager; that said company has full capacity to act as said Manager to convey the Real Estate;
and that all necessary action for the creation and execution of this conveyance has been taken
and done.
[Remainder of Page Intentionally Left Blank]
First American Title
251 E. Ohio Street, Suite 555
Indianapolis IN 6204
FILE NO:
IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be
executed this day of March, 2017.
JACKSON' S GRANT REAL ESTATE COMPANY,
LLC, an Indiana limited liability company
By: :JGDevelopm Company, LLC, its Manager
By:
ce M. Moon, Chief Operating Officer
STATE OLjs, NAB %. )
SS:
COUNTY OF )
e foregoing instrument was acknowledged before me this 30e day of
I VW'�c* , 2017, by LAWRENCE M. MOON, Chief Operating Officer of JG
Development Company, LLC, an Indiana limited liability company, Manager of JACKSON'S
GRANT REAL ESTATE COMPANY, LLC, an Indiana limited liability company, on behalf of
the company.
MVJAEL J SIBBING
JdVI$Dn Courtly
' My camrnis M Evire
Notary Public
Printed:
County of Residence:
My Commission Expires:
Send tax bills and this instrument to Grantee at: HDC, LLC, 4631 Lisborn Dr. Carmel. IN 46DaL_
This instrument was prepared by: Christopher D. Long, Esq., Krieg DeVault LLP, One Indiana
Square, Suite 2800, Indianapolis, Indiana 46204; (317) 636-4341.
I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless otherwise required by law. Christopher D. Long.
KD_8770024_l.doc
.w
19►:4:11.91II1
THE HAMLET AT JACKSON'S GRANT
SECTION 1
A subdivision of part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter of aforesaid Section 34; thence South 00
degrees 20 minutes 13 seconds West 638.48 feet along the East line of said Southeast Quarter to the Right of
Way dedication as recorded in Instrument Number 2017-002664 in the Office of the Recorder of Hamilton
County, Indiana; thence North 89 degrees 39 minutes 47 seconds West 50.00 feet along said Right of Way
dedication to the POINT OF BEGINNING of this description; thence South 00 degrees 20 minutes 13
seconds West 658.63 feet along said Right of Way dedication; thence South 90 degrees 00 minutes 00
seconds West 110.12 feet; thence North 00 degrees 00 minutes 00 seconds East 47.23 feet; thence North 09
degrees 39 minutes 32 seconds West 159.91 feet; thence South 90 degrees 00 minutes 00 seconds West
132.22 feet; thence South 09 degrees 45 minutes 24 seconds East 30.54 feet; thence South 79 degrees 52
minutes 01 seconds West 24.00 feet to a point on a curve concave southwesterly, the radius point of said
curve being South 79 degrees 52 minutes 01 seconds West 28.00 feet from said point; thence northwesterly
along said curve 18.66 feet to a point on said curve, said point being North 41 degrees 40 minutes 44 seconds
East 28.00 feet from the radius point of said curve; thence South 78 degrees 34 minutes 51 seconds West
119.99 feet to a point on a curve concave easterly, the radius point of said curve being North 80 degrees 12
minutes 20 seconds East 2,475.00 feet from said point; thence northerly along said curve 485.48 feet to a
point on said curve, said point being North 88 degrees 33 minutes 21 seconds West 2,475.00 feet from the
radius point of said curve, said point also being the point of curvature of a curve concave southeasterly, the
radius point of said curve being South 88 degrees 33 minutes 21 seconds East 25.00 feet from said'point;
thence northeasterly along said curve 41.20 feet to the point of tangency of said curve, said point being North
05 degrees 51 minutes 51 seconds East 25.00 feet from the radius point of said curve, said point also being
the point of curvature of a curve concave northerly, the radius point of said curve being North 05 degrees 51
minutes 51 seconds East 2,025.00 feet from said point; thence easterly along said curve 197.40 feet to the
point of tangency of said curve, said point being South 00 degrees 16 minutes 45 seconds West 2,025.00 feet
from the radius point of said curve; thence South 89 degrees 43 minutes 15 seconds East 92.66 feet to the
point of curvature of a curve concave southerly, the radius point of said curve being South 00 degrees 16
minutes 45 seconds West 50.00 feet from said point; thence easterly along said curve 36.14 feet to the point
of tangency of said curve, said point being North 41 degrees 41 minutes 19 seconds East 50.00 feet from the
radius point of said curve, said point also being the point of curvature of a curve concave northerly, the
radius point of said curve being North 41 degrees 41 minutes 19 seconds East 5 0. 00 feet from said point;
thence easterly along said curve 88.37 feet to the point of tangency of said curve, said point being South 59
degrees 34 minutes 52 seconds East 50.00 feet from the radius point of said curve; thence South 89 degrees
39 minutes 47 seconds East 26.73 feet to said Right of Way dedication also being the place of beginning,
containing 5.300 acres, more or less, subject to all legal highways, rights -of -ways, easements, and
restrictions of record.