ApplicationCARMEL 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.
DOCKET NO.
1)
Office Use Only
DATE RECEIVED:_
Applicant: The Old Town Design Group, LLC
Address: 1132 S Rangeline Rd Carmel IN 46032
2) Project Name:
McCardwell Residence
Engineer/Architect: na
na
Phone:
Phone:
Phone:
Contact Person:John Hefton Phone 317-750-8265
Emai,.John@oldtowndesigngroup.com
ProjectDox contact Person. Casey Shinaver Plione:31 7-491-3735
Email casey@oldtowncompanies.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
purchaser of the property. (c) Other: Builder
4) If Item 3) (c) is checked, please complete the following.
Owner of the property involved: McCardwell, Terry S & Kimmi M
Owner's address: 15231 Mystic Rock Ct, Carmel IN 46033 Phone:
5)
Record of Ownership: Deed Book No /Instrument No WD #2018-39243
Page. Purchase date: 8/23/2018
Common Address of subject property: 450 1 st Ave NW,
Carmel IN 46032
Legal Description: Acreage .25 Section 25, Township 18 Range 3
Tax Parcel ID No.: 16-09-25-08-01-012.000
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).
UDO 3.64.C.1: Maximum width 45'; requesting 51.5'
8) State reasons supporting the Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Development Standards Variance").
The proposed home has been designed so that the garage is not the dominant feature of the
architecture of the front facade resulting in a width of 51.5'.
Page 1 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2020 Revised 1/2/2020
13)
Present zoning classification of the property: R-2
Overlay Zone of property (if applicable): Old Town Character Sub -Area
Size of lot/parcel in question. •25
Present use of property: residential
Describe proposed use of property: residentail - new home constrcution
Is the property: Owner occupied Renter occupied E-Other vacant
ft.
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:
Builder:
16) If proposed appeal is granted, when will the work commence?
Shortly thereafter
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
owners
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
the
Applicant Signature:
ITiNom-
Date: 9/25/2020
been
The applicant certifies by srgnin,g this a0fication Nat he/she has been advised that all representations of the Dept.
of Community Services are adlljsory only and that the applicant should rely on appropriate Unified Development
Ordinance standards and/or a 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 testimon
Signed Name:
a CZ
(Prop y Owner, A orney, or wer of Attorney)
STATE OF INDIANA
SS.
County of Hamilton
Printed Name:
(County in which notarization takes place)
Hamilton
for
(Notary Public's county of residence)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
,,—Ic 4" _� • ' 'and acknowledge the execution of the foregoing instrument
(Property Owner, Attorney, o wer of Attorne
this 25
(date)
(SEAL)
day of September
2020
(month) (year)
Notary c-- ignature
"'+...r, CASEY J SHINAVER
``PRY• AUe'-, Notary Public, State of Indiana
a • : %
=x SEAL;
Hamilton County
Commission N 713975
My Commission Expires
Casey J Shinaver
Notary Public --Please Print
My commission expires:
July 23, 2026
Page 3 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2020 Revised 1/2/20
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 + first two blanks)
Docket No.:
Petitioner:
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
the proposed home is consistent and compatible with new homes being built in this
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 additonal width of the proposed home allows for a more attractive street front
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:
Homes with a front loading garage with an overall width of less than 50' result in the garage being the
dominant feature of the architecture of the front facade. Setting the garage at least 9 5' back From the front
plane of the house (as required by the Old Town overlay) and having the garage be less than 50% of the
front facade results in a more attractive street front elevation. Without relief from the practical difficulty of
the 45' maximum house width, the home's front elevation will be dominated by the garage facade.
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
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 2020 Revised 1/2/20