The URL can be used to link to this page

Home My WebLink AboutApplicationPage 1 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 CARMEL BOARD OF ZONING APPEALS DEVELOPMENT STANDARDS VARIANCE APPLICATION FILING FEES: Single Family (Primary Residence) $359.00 for the first variance, plus $107.00 for each additional section of the ordinance being varied. All Other $1,431.00 for the first variance, plus $674.00 for each additional section of the ordinance being varied. DOCKET NO. ________________________________ DATE RECEIVED:_______________________________ 1)Applicant: _____________________________________________________________________________ Address: _____________________________________________________________________________ 2)Project Name: __________________________________________ Phone: ________________________ Engineer/Architect:______________________________________ Phone: _________________________ Attorney:_______________________________________________ Phone: ________________________ Contact Person:__________________________________________Phone:________________________ Email:_______________________________________________________________________________ ProjectDox Contact Person:__________________________________Phone:______________________ Email:_______________________________________________________________________________ 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: __________________________________________________________ Owner's address: __________________________________________ Phone:_____________________ 5)Record of Ownership: Deed Book No./Instrument No.___________________________________________ Page: ______________________ Purchase date: _____________________________________________ 6)Common address of the property involved: ___________________________________________________ Legal Description: ______________________________________________________________________ Tax Parcel ID No.:__________________________________________________________________ 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.) 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"). Office Use Only Page 2 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 9)Zoning district classification of property: _________________________________________________ 9a) Overlay Zone of property (if applicable):___________________________________________________ 10)Size of lot/parcel in question: ____________________________________________________acres/sq.ft. 11)Present use of property: ______________________________________________________________ 12) Describe proposed use of property: __________________________________________________ _____________________________________________________________________________________ 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. ________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 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 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 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 Community Services. Applicant Signature: ____________________________________________________ Date: _______________ The applicant certifies by signing this application that 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 3 of 12 Filename: 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. Signed Name: ________________________________________ (Property Owner, Attorney, or Power of Attorney) Printed Name: _______________________________________ STATE OF INDIANA SS: County of ________________________________________________ Before me the undersigned, a Notary Public (County in which notarization takes place) for __________________________________________ County, State of Indiana, personally appeared (Notary Public's county of residence) ____________________________________________ and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this ____________ day of ___________________________________, 20________ _________________________________________ Notary Public--Signature (SEAL) _________________________________________ Notary Public—Printed Name My commission expires: _________________________________ Page 10 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fills out first 2 blanks) Docket No.: ______________________________________________ Petitioner: ______________________________________________ 1. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 2. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. _________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DATED THIS ________________ DAY OF ______________________________________, 20 ___________. ______________________________________________ Board Member Page 12 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020 CHECKLIST Development Standards Variance Application Applications must include the following applicable materials: □ Electronic copy of completed application, signed by the owner of the subject property or an authorized agent, notarized, and filed at least 45 days prior to the next scheduled public hearing. □ Electronic copy of Owner Affidavit (page 3) □ Electronic copy of Adjacent Property Owners list certified by the Hamilton County Auditor’s Office. Formal list request sheet & official list may be acquired from the Hamilton County Real Property Dept. (317-770-4412 or hamiltoncounty.in.gov). Please allow 3 to 5 days for Hamilton County to complete your request. □ Electronic copy of Site Plan (with dimensions) that includes: 1. Existing and proposed principal structures and accessory structures. 2. Parking plan (automobiles & bicycles). 3. Signage plan. 4. Lighting plan, if applicable. 5. Existing and proposed public rights of way (internal and adjoining). 6. Location of easements (utility, drainage, landscape, access, etc.) 7. Building setback lines. 8. Building coverage calculation; 9. Existing and proposed utility structures and systems, and 10. If applicable, Drainage Plan. □ Electronic copies exterior architectural building elevations and/or photo examples of subject site and/or buildings. □ When applicable, prepare an electric copy of an estimated construction cost to comply with the Transportation Plan per UDO Section 1.07(E) (Contact City Engineering Dept. for more detail, at 317-571-2441.) □ Electronic copies of Covenants and commitments, if any. □ When applicable, electronic copies of service reports from TAC (Technical Advisory Committee) members. All documents must be legible and of the required size and scale. The omission of any of the material indicated in the above checklist may lead to your petition being placed on a later docket or not accepted for filing. EXHIBIT “A” LEGAL DESCRIPTION OF SUBJECT PARCELS Lot Number 41 and Lot Number 42 in Clay Corner, a subdivision, as per plat thereof recorded January 24, 2018 as Instrument No. 2018003354 in Plat Cabinet 5, Slide 790, in the Office of the Recorder of Hamilton County, Indiana. EXHIBIT “B” (Contact Information) 1. Applicant Lennar Homes of Indiana, Inc. c/o Keith Lash, VP of Land Acquisition and Development 9025 N. River Road, Suite 100 Indianapolis, IN 46240 Keith Lash Phone: (317) 659-3231 Email: keith.lash@lennar.com 2. Attorney and Land Use Professional: Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 Phone: (317) 844-0106 Fax: (317) 846-8782 Email: jims@nf-law.com Email: jon@nf-law.com Exhibit “C” Project Description Lennar Homes of Indiana, Inc. (“Lennar”) is requesting a variance of Maximum Lot Coverage for Lot 41 and Lot 42 of the Clay Corner Subdivision. The lots are located at 1551 Jensen Drive and 1547 Jensen Drive respectively (collectively the “Real Estate”). The Real Estate consists of two lots as noted above and both lots are zoned pursuant to the “Clay Corner PUD District” Ordinance No. Z-621-16. Development Standards Variance: The Applicant is seeking a variance from Section 4.29(C)(7) of the Clay Corner PUD to permit 60% Maximum Lot Coverage for Lot 41 and Lot 42 where 50% is permitted (the “Variance”). Lennar is seeking Development Standards Variance approval from the Lot Coverage standard of Section 4.29(C)(7) of the Clay Corner PUD for single family residences to be constructed on the two subject lots within the Clay Corner Subdivision. Lot coverage is a unique standard of the Clay Corner PUD where lot coverage for the type and style of homes is consistent with other lots and subdivisions in the vicinity where lots served by alleys have been developed. In summary, the granting of the Variance request will allow the subject homes on the lots in this internal area of the subdivision to be constructed consistent with the expectations for all lots in the vicinity. CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT ST ANDARDS VARIANCE Requested Variance: The Applicant is seeking a variance from Section 4.29(C)(7) of the Clay Corner PUD to permit 60% Maximum Lot Coverage for Lot 41 and Lot 42 in the Clay Corner Subdivision where 50% is permitted (the “Variance”). FINDINGS OF FACT 1. The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested Variance will not be injurious to the public health, safety, morals and general welfare of the community as the granting of the Variance request will allow the homes in this internal area of the subdivision be constructed, consistent with the expectations for lots in the vicinity and of this alley access lot type. Additionally lot coverage is a standards uniquely established in the PUD and a 60% plus lot coverage is not inconsistent with the type and style of existing homes and lots of the subject alley access type. 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 use and value of the area adjacent to the real estate will not be affected in a substantially adverse manner as a result of the granting of the variance to permit homes in this internal area of the subdivision as proposed which are consistent with the expectations for lots of this subject type. Further, lot coverage is a unique standard of the Clay Corner PUD where lot coverage for the type and style of homes is consistent with other lots and subdivisions in the vicinity where lots served by alleys have been developed. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The strict application of Lot Coverage standard of Section 4.29(C)(7) of the Clay Corner PUD will result in practical difficulties in the use of each Lot as a single family residence of the proposed lot coverage and character is anticipated on the subject lots. The applicant, Lennar, has submitted building permits, in good faith, for the homes on each of the two subject lots. Clay Corner – Lot 41 and Lot 42 Site Location Map / Aerial Photograph Clay Center RoadNORTH SUBJECT LOTS 131st Street / Main Street