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Home My WebLink AboutCommitments Amended_Recorded 03-10-202020012710 MISC $25.00 03/10/2020 01:00:00PM 20 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented TxR, AMENDED COMMITMENT CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Cross References: Deed recorded as Instrument No 2017014630; Deed recorded as Instrument No 2018008981 and Commitments recorded as Instrument No 2019000926 in the Office of the Recorder of Hamilton County, Indiana WHEREAS, Jason Sprunger and Sarah Sprunger (hereafter "Owners") are the owners of two parcels of real estate identified by Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Numbers 17-09-33-00-17-008.000 and 17-09-33-00-10-009.000, which parcels of real estate are legally described in what is attached hereto and incorporated herein by reference as Exhibit A (the "Real Estate"); WHEREAS, The Real Estate was the subject of a prior zoning petition with the City of Carmel's Board of Zoning Appeals, which zoning application is identified as Docket Number 18110001 V (the "1 't BZA Application"); WHEREAS, the Vt BZA Application sought, in part, the approval to construct a pool across a lot line; WHEREAS, in exchange for the approval of a variance to build a pool across a lot line, the Owners committed that both lots identified as the Real Estate would be treated as a single lot and the construction of a single-family home or other similar structure on Lot No. 9 would not be permitted; WHEREAS, the Owners reduced the Commitment to writing which was thereafter recorded as a document titled "Commitments Concerning the Use and Development of Real Estate" on January 9, 2019 as Instrument No. 2019000926 in the Office of the Recorder of Hamilton County, Indiana, a copy of which is attached hereto and incorporated herein by reference as Exhibit B (the "Prior Commitment"); WHEREAS, thereafter, the Owners filed a commitment amendment application request with the City of Carmel's Board of Zoning Appeals seeking to vacate the Prior Commitment, allowing the individual sale of Lot 9 for the construction of a single-family residence, which request is identified as Docket Number 19070011 CA (the "Commitment Amendment Application") and attached hereto and incorporated herein by reference as Exhibit C; WHEREAS, pursuant to a duly noticed public hearing that was held in furtherance of the Commitment Amendment Application on October 28, 2019, the City of Carmel's Board of Zoning Appeals granted the Owners' request to vacate the Prior Commitment, which approval is Page 1 of 3 referenced in the Letter of Grant, a copy of which is attached hereto and incorporated herein by reference as Exhibit D; and WHEREAS, in exchange for the approval of the Commitment Amendment Application, the Owners agreed to provide an extended tree preservation area along the north ends of the Real Estate. NOW, THEREFORE, these amended commitments ("Amended Commitments") are made to the City of Carmel's Board of Zoning Appeals ("BZA") by the Owners of the Real Estate as follows: Section 1. Cross Reference and Vacation of Prior Commitment. These Amended Commitments pertain to the Real Estate and are made in connection with the approval of the Commitment Amendment Application, which approval vacated the Prior Commitment. Section 2. Commitments. Owners, and their successors, assigns, grantees and successors in title to the Real Estate, in exchange for the vacation of the Prior Commitment, makes the following amended commitment concerning the Real Estate: There shall be a thirty (30) foot tree preservation easement along the north ends of the Real Estate as depicted on the attached diagram, a copy of which is attached hereto and incorporated herein by reference as Exhibit E. Section 3. Effective Date. The Amended Commitments contained herein shall be effective upon the recording of these Amended Commitments. Section 4. Binding on Successors and Modifications. These Amended Commitments shall be binding upon each successor, assignee and grantee acquiring an interest in the Real Estate during such successor's, assign's and grantee's ownership. These Amended Commitments shall remain binding unless hereafter modified or terminated by the BZA after a public hearing wherein notice is provided by the BZA's Rules of Procedure. Section 5. Recording. The undersigned shall record these Amended Commitments with the Recorder of Hamilton County, Indiana and upon recording shall provide the Director of Community Services for the City of Carmel a recorded and file stamped copy of the same. Section 6. Enforcement. These Amended Commitments may be enforced by the BZA and shall only be modified by the BZA pursuant to the BZA's Rules of Procedure. IN WITNESS WHEREOF, the Owners of the Real Estate have caused these Amended ritten below. STATE OF INDIANA ) SS.: COUNTY OF ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Jason Sprunger and Sarah Sprunger and acknowledged the execution of the foregoing Amended Commitments this _2 day of -t" ��20. Witness my hand and Notarial Seal this day of 2020. My Commission Expires: /LL c.L --w 1D-_7a. Residing in VAA,,-, .q-County he Jker" L , W r� h Printed Name DE80RAH L WAGNER Notary Public - Seal State of Indiana Marion County My Commission Expires Jul 20. ?022 Prepared Bv: Fredric Lawrence, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032 (317) 844-0106. Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law - Fredric Lawrence. EXHIBIT "A" Legal Description of Real Estate Lots Numbered 8 and 9 in Towne Oak Estates at Carmel, Secondary Plat, as per plat thereof recorded August 5, 2008 as Instrument No. 2008040266 in Plat Cabinet 4, Slide 484, in the Office of'the Recorder of Hamilton County, Indiana. EXHIBIT "B" Prior Commitment — 3 pales and Development of Real Estate_ STATE OF INDIANA ) 2019000926 VARIANCE $25. 00 01/09/2019 02:59:26P 2 PGS SS: Jennifer Hayden HAMILTON County Recorder IN COUNTY OF HAMILTON ) Recorded as Presented I IIIII I I IIII I I III Illll IIIINIIII IIIII IIIII IIIII Illll llllllllil till Ill( Jason & Sarah Sprunger ("The owners") hereby malce Commitments to the Carmel Board of Zoning Appeals_(heCeinafter, the "Board"), dated December 18, 2018 and documented in Instrument Cc`s ct - i No.7s-A f (-,1fkjv -Qand recorded in the Office ofthe Recorder of Hamilton County, Indiana, as it relates to 3ZA Docket No. 18110001 V Description of Peal Estate: Legal Description: Lot49- Acre0.82, section 33, twnshp 18, range 3, Towne oak estates at Carmel Lot#9 Tax parcel #17-09-33-00-10-009.000 Lot#8- Acre0.70, Section 33,twnshp 18, range 3, Towne Oalc estates at Carmel, Lot#8 Tax parcel #17-09-33-00-17-008.000 Statement of Commitments: Commitments from Petitioners' that will run with title to the Petitioner's Lots that the Petitioners will treat both lots as a single lot as represented in their Petition and that the construction of a single family home or other similar structure on lot#9 will not be permitted. Binding Effect: These Commitments are binding on the "Owners", each subsequent owner of the Real Estate, and each person acquiring an interest in the Real Estate, unless modified or terminated by the Board or its successor. Recording: The undersigned will record these Commitments in the Office of the Recorder of Hamilton County, Indiana, and provide a copy of the recorded document to the City of Carmel Dept. of Community Services. Enforcement: These COMMITMEi ITS shall be binding on the owner, subsequent owners, and other persons acquiring an interest in the real estate. These COMMITMENTS may be modified or terminated by a decision of the Carmel Board of Zoning Appeals made at a public hearing after proper notice has been given. The COMAAITMENTS contained in this instrument shall be effective upon the grant of variance by the Carmel Board of Zoning ,Appeals. These COMMITMENTS may be enforced jointly and severally by: 1. The Carmel Department of Community Services. 2. The Carmel Board of Zoning Appeals IN WI T IiVESS WHEREOF, the "Olmners" have executed these Commitments this day of I.CI'ILi(.t.i i 201 STATE OF 1NDIANA } SS: COUNTY OF HAN41LTON ) Before me, a Notary Public in and for said County and State, personally appeared Jason & Sarah Sprunger, who acknowledged the execution of the foregoing Commitments Concerning the Use and Development of Real Estate organized under the laws of the State of Indiana. WITNESS my hand and Notaries Seal this 9 day of My Commission Expires: 'I � , um -der the penalties fa ^u r, that I hare tat:cn, real ,able care to red: ^' —c—h Social Security numbed' s ddocumcn� c}_ required by law." r7l� ((� Notary Public Printed (f Residing in a A P— r --County DEBORAH LWAGNER Notary Public - Seal State of InCiiana Marion County My Commission Expires Jul 20. 2022 ..;'�STOEPPELWERTH ALWAYSON 796EmIMS#W, fisAas.IN 16W25i6 *w.31731930 fm-217419SW2 HOUSE DETAILS $ 8.17' 3.00 DRY DETENTION BASIN #2 IDOYR-894.71 BENCHMARK TOP OF CASTING = 896.50 LOT8&9 TOWNE OAK ESTATES AT CARMEL INST. #2008040266 P.C. #4, Slide #484 ZONING: S1 10' MINIMUM SIDE YARD 30' MINIMUM AGGREGATE 20' MINIMUM REAR YARD JOB ID TOEC:8W CONTROL# 82039 SLM 2198 STMU DRIVE CARMEL, IN 46032 1,. - a, LOT AREA 8: 30,671 SO. -.FT. LOT AREA 9: 35.532 SQ.FT. B33 T.C. BusD ,AS BUILT JMXJ PROPOSED GRADE PER PUN ® AS BUILT OWE SUB—SUWACE DRAIN SANITARY SEWm STORM W SEWER WATER MAIN W 3/4' WATER CONNECTION — .. a a—_ SWALE . END SECTION • SANITARY MANHOLE �J STORM MANHOLE CURB INLET FIRE HYDRANT 1N DI WATER CITE VALVE D.h 'L OR AGE @ UTILITY EASEMENT B.L. BUILDING LINE C.U.&S.E. DRAINAGE UTILITY t SEWER EASEMENT W.W. T.C.W. VAR. WINDOW VAIL TOP OF WALL VARIABLE R.D.U.&S.E REGULATED DRAINAGE, UTILITY LE dt SEWER EASEMENT LANDSCAPE EASEMENT ALL UNDERGROUND SEWERS AND UTIUTIS SHOWN ARE PLOTTED BY SCALE FROM 'RECORD DRAWN= FURNISHED BY ENGINEER. �` No. y80040474 - STATE OF i �NOIANP 1Q,: REPRESENTED AS A RE 11ACEMENT OR OPodN/J. BOUNDARY SURVEY. A ROUTE SURVEY 0 A SURVEYOR LOCATON REPORT. e iic uim" Clw em omm I�^T/tl6/te LDAe�AooRm I a = .1 EXHIBIT "C" Commitment Amendment Application — 7 pal4es CARMEL BOARD OF ZONING APPEALS COMMITMENT AMENDMENT APPLICATION FILING FEE: $1,408.00 Office Use Only DOCKET NO. DATE RECEIVED: 1) Applicant: Jason Sprunger and Sarah Sprunger Address: 6006 Hillside Avenue West, Indianapolis, IN 46220 2) Project Name: Sprunger Residence Engineer/Architect Attorney: Fredric Lawrence Contact Person: Fredric Lawrence Email: rick@nf-law.com Phone: 317-509-4765 Phone. - Phone: 317-844-0106 317-844-0106 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property F-1 (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: 5) Record of Ownership: Deed Book No./Instrument 7) Tax Parcel ID No Phone: 2017014630 and 2018008981 Page: Purchase date: March 14, 2017 and February 16, 2018 Common address of the property involved: 2180 and 2198 Steffee Drive, Carmel, IN 46032 Legal Description: Lots Numbered 8 and 9 in Towne Oak Estates at Carmel :17-09-33-00-17-009.000 and 17-09-33-00-17-008.000 Detailed description of the Modification of Commitments requested: See Exhibil A 8) Reasons supporting why the BZA should grant the Commitment Amendment: See Exhibit A 9) Zoning district classification of property: S-1 9a) Overlay Zone of property (if applicable): NIA 10) Size of lot/parcel in question: 0.82 and 0.7 acres acres/sq. ft. Page 1 of 12 Filename: commitment amendment application & instructions 2019 Revised 01/10/19 11) Present use of property: single family residence (Lot 8) and vacant (Lot 9) 12) Describe proposed use of property: single family residence as to both lots 13) Is the property: Owner occupied ❑ Renter occupied ❑ Other under construction 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. Commitments recorded on January 9, 2019 instrument number 2019000926 The original commitment has been provided with this application filing. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: SLM Homes, LLC 16) If proposed commitment amendment is granted, when will the work commence? Ongoing 17) If the proposed commitment amendment is granted, who will operate and/or use the proposed improvement for which this application has been filed? Th owner and/nr its stirrPssors 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 beer submitted to the Department of Comm f'nity Services. Applicant Signature: ice. ll;�!� mi!o_a� Date: The applicant certifiesbysigning this ap4cation that he/she fIlas been advised that all representations of the Department of Community Services are advisory only and (bat the applicant should rely on appropriate Unified Development Ordinance and/or the legal advice of his/her attorney. Page 2 of 12 Filename: commitment amendment 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 tj�timony. r/ I STATE OF INDIANA SS: Signed Name'' '�\I l/l I l .f _ 1, V i-1 Z // / "V/1—i1 (2ropecty Owner, Attorney; & Power of Attgrney) Printed Name: County of �J/�'LL�'��U Before me the undersigned, a Notary Public (County in which notarization takes place) forCounty, State of Indiana, personally appeared (Notary Public's county of residence) JOAX/1-1 617L-10 J_4Q4,,?W1U and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, o Po /er ofAttorney) this /2-4 n day of 20 _ r Sta a ol�lndiTZ , `�,C��l"•6� /" 1 / lam" ��P({Y PU ��'� Notary Public, ana Notary Public --Signature m.tronCounty Z SEAL "= �tfrfrrtrision Number 696564 - ?, ,'••• 'P � My Commission Expires HD A o February 12, 2025 / a �f er l Notary Public —Printed Name My commission expires. - Page 3 of 12 Filename: commitment amendment application & instructions 2019 Revised 01/10/19 11) Present use of property: single family residence (Lot 8) and vacant (Lot 9) 12) Describe proposed use of property: single family residence as to both lots 13) Is the property: Owner occupied ❑ Renter occupied ❑ Other under construction 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. Commitments recorded on January 9, 2019 instrument number 2019000926 The original commitment has been provided with this application filing. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: SLM Homes, LLC 16) If proposed commitment amendment is granted, when will the work commence? Ongoing 17) If the proposed commitment amendment is granted, who will operate and/or use the proposed improvement for which this application has been filed? The owner and/or its successors 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. numbers Applicant Signature: Date: Z I I C The applicant certifies by sig)r ing� applicatlon th�t hem has been advised that all representations of the Department of Community ery es 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: commitment amendment application 8 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 testim.. any. STATE OF INDIANA SS: Signed Name: Printed Name: (Prop6ty Owner, Attorney, or Power of Attorney) County of J, LltoL-) Before me the undersigned, a Notary Public (County in which notarization takes place) for �)j -yt,�/CG`7�J (Notary Public's county of residence) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument (Prop.' rty Owner, Attorney, or Power of Att rney) this day of 20 p" i �P •GB PI�ULA M. HERTZ Public, Z;SEAL n' State of Indiana Hamilton County k •, * ' Commission Number 696584 .yp.,�t�p �.' My Commission Expires February 12, 2025 Notary Public --Signature 0 att. (A__ Alt , /�erfz Notary Public —Printed Name My commission expires. - Page 3 of 12 Filename: commitment amendment application & instructions 2019 Revised 01/10/19 EXHIBIT A DESCRIPTION OF REQUEST Jason Sprunger and Sarah Sprunger (collectively the "Applicant") are the owners of two parcels of real estate having a common addresses of 2180 and 2198 Steffee Drive, Carmel, IN 46032 and identified as Parcel Nos. 17-09-33-00-17-009.000 ("Lot 9") and 17-09-33-00-17- 008.000 ("Lot 8") with the Hamilton County Auditor's Office (collectively the "Real Estate"). On December 28, 2018 the Applicant received approval from the Carmel Board of Zoning Appeals Hearing Office pertaining to a petition, filed under Docket No. 18110001 V, related to Development Standard Variance for Minimum 10-ft side yard setback and Crossing 20-ft over side property line as to the Real Estate. The approval of the prior petition under Docket No. 18110001 V was conditioned on the execution and recording of a commitment prohibiting the individual transfer of the lots comprising the Real Estate (the "Commitment"). The Commitment was recorded on January 9, 2019. Subsequent to the Commitment, development of the single-family residence has resulted in the Applicant no longer seeking to utilize a portion of the granted variance, namely the approval to cross over the side property line to construct a pool. In light of the change in site development, the Applicant seeks to vacate the Commitment so as to allow the individual sale of Lot 9 for the construction of a single-family residence. LEGAL DESCRIPTION Lots Numbered 8 and 9 in Towne Oak Estates at Carmel, Secondary Plat, as per plat thereof recorded August 5, 2008 as Instrument No. 2008040266 in Plat Cabinet 4, Slide 484, in the Office of the Recorder of Hamilton County, Indiana. EXHIBIT "D" Letter of Grant — I palZe LETTER of GRANT October 29, 2019 Fredric Lawrence ' Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46033 Re: BZA Docket No. 19070011 CA — Sprunger Residence/Pool Setback, Commitment Amendment Dear Mr. Lawrence: At the meeting held on Monday, October 28, 2019 the Carmel Board of Zoning Appeals took the following action regarding the Commitment Amendment (CA) request filed by you for the properties located at 2180 / 2198 Steffee Drive: APPROVED with Commitment: Docket No. 19070011 CA, Commitment Amendment request to modify existing commitments related to variance Docket No. 18110001 V, was approved with the Commitment that a 30' tree preservation width is included along the north ends of Lots 8 and 9. Within 30 days, please provide the Department with a copy of the executed and recorded document vacating/modifying the prior Commitments that apply to Lots 8 and 9. Please include a copy of this letter with any permit application. If I can be of any further assistance, please do not hesitate to contact me at 317-571-2417 or aconn@carmel.in.gov. Sin erely, Angie onn, AICP Planning & Zoning Administrator Division of Planning & Zoning cc: Nick Mishler, Building & Code Services Dept. Daren Mindham, Urban Forester File EXHIBIT "E" Tree Preservation Exhibit — 1 page EXAMPLE SITE PLAN Prepared for: Rick Lawrence Sprunger Residence Lots 8 & 9, Towne Oak Estates at Carmel, Hamilton County, IN 30' TREE PREP. ERVATION L.E. 20' D.&U.E. _30'D.U.&S_E. TOWNE OAK ES ATES AT CARMEL INST. NO. 2008040266 PC:4, lide:484 Steps to Lot 8 Basement 30,671 sq.ft. Entry Lot 9 " 35,531 sq.ft. a, < '7 21 I NI (House Under 29.2' Constrution), �i / 130'.D.U.&S.E. CPP Vert.r o \p� r STEFFEE DRIVE LEGEND B.L. = BUILDING SETBACK LINE D.0 & S.E. =DRAINAGE UTILITY & SEWER EASEMENT D.&U.E. = DRAINAGE AND UTILITY EASEMENT R.D.&U.E. = REGULATED DRAINAGE AND UTILITY EASEMENT L.E. = LANDSCAPE EASEMENT C.P.P. = CORRUGATED PLASTIC PIPE FIRE HYDRANT Q WATER METER ELECTRICAL TRANSFORMER ,JO SANITARY CLEANOUT SANITARY SEWER MANHOLE S I Zoning Requirements 15,000 sq.ft. lot area min. 120' lot width min. 40' front setback min. 10' sideyard / 30' aggregate min. 20' rear yard min. This drawing is not intended to be represented as an original or retracement Boundary Survey, a Route Survey or a Surveyor Location Report. / GRAPHIC SCALE 0 30' 60' (IN FEET) V=60FT S T O E P P E L W E R T H DRAWN BY: GDK suEE-rNO. �~ . CHECKED BY: ' S O N A L W A Y DATE DRAWN: 11/14/2019 OF I SHEETS 7965 East 106th Street, Fishers, IN 46038-2505 sxniooNo. Phone: 317.849.5935 Fax: 317.849.5942 FIELDWORK DATE: TOEC.8&9A I