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Home My WebLink AboutPacket for PC 12-15-20 Lincoln Highway Estates Lot 1 Primary Plat Amendment / Variance Docket Nos. PZ-2020-00175 PPA & PZ-2020-00176 V CITY OF CARMEL, INDIANA December 15, 2020 Carmel Plan Commission Applicant: Matthew and Christine Tanner Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Map / Aerial Photograph 3. Primary Plat 4. Setback Exhibit 5. Plat and Findings of Fact Variance Findings of Fact TAB 1 EXPLANATION OF REQUEST Matthew Tanner (“Tanner”) is the owner of a parcel of real estate with a common address of 10630 Westfield Blvd., Indianapolis, IN 46280, which parcel is identified as Lot 1 in the recorded Plat of Lincoln Highway Estates and is identified by the Hamilton County, Indiana Auditor’s Office as parcel number 17-13-01-04-07-007.000 (collectively, the “Real Estate”). The location of the Real Estate is identified in yellow on the sit location exhibit included behind Tab 2. The Real Estate is zoned R-1 Residential and Tanner desires to subdivide the existing lot to create two new (2) lots – a lot for the existing home and a new lot for the construction of a new home (see Primary Plat behind Tab 3). In order to develop a new lot for the construction of a new home, Tanner is seeking Plan Commission Combo-Committee approval of: (i) an amended plat request and (ii) a development standards variance. In order to allow the Amended Plat a variance of the Unified Development Ordinance (“UDO”) as it pertains to the following section applies: UDO Section 2.08 – Minimum Front Yard Setback – The front yard setback requirement is 35 feet and this variance seeks a reduction in the required front yard setback consistent with the front building setback of other homes on Middle Drive to the north and west of the subject Lot as generally illustrated on the Setback Exhibit included behind Tab 4. Included with this submittal is the Replat along with the supporting exhibits and plans for the above described request in addition to the Plat and Variance Findings of Fact which are provided behind Tab 5. We look forward to presenting this request to you on December 15, 2020. Respectfully submitted, ________________ _________________ Jim Shinaver Jon C. Dobosiewicz TAB 2 Lincoln highway Estates – Lot 1 Site Location Aerial PhotographWestfield BlvdNORTH SITE 106th StreetMiddle Drive TAB 3 W W W W W OHU OHU OHU OHU OHU OHUOHUOHU OHU OHU OHU OHU OHUOHUOHUEX. 8" SANITARYEX. SANITARY LATERALNEW 6" SANITARYLATERALSANSANSANSANSAN SAN EX. 12" RCPEX. 12" WATER LINEEX. 36" WATER LINEW W W W W W W W W W W W W W WWWWWWWWW WESTFIELD BLVD. MIDDLE DR.VAL LEY DR .TIMOTHY & CHERYL BIRCHWESLEY & LESLEY FREEMANSHANNON HOFMANSHANNON HOFMANKEVIN & LORA FREDERICKJEFFREY & DEANNA GILBERTANTHONY & KATHLEEN ALLENPOST PROPERTY CARMEL, LLCPHILLIP & PATRICIA BENDERMICHAEL & BARBARA THURMANJAMES & JUDITHDELL'ARINGAEX. 12" RCPEX. 36" RCPEX. 36" RCPEX. 12" RCP EX. 12" RCPEX. 24" SANITARYEX. 24" SANITARYEX. 24" SANITARYEX. 12" SANITARY EX. 24" SANITARYEX. 8" SANITARYEX. 8" SANITARY 35' FBSL 10' SIDE YARD SETBACK10' SIDE YARD SETBACK20' REAR YARD SETBACKCLEANOUTCLEANOUT HARRISON MONUMENT FOUND(PER HCSO TIES) AT THE SECORNER SEC 1-T17N-R3EEX. HOUSE TOREMAIN21,281 SF0.49 AC.1A12,529 SF0.29 ACMFPG=808.5MLAG=808.51BEAST (R) S88°46'07"E (M) 320.5' (R) 316.31 (M)WEST (R) N88°46'07"W (M) 318.5' (R) 315.32' (M)NORTH (R) N00°18'14"E (M) 140.08' (R&M) 20' REAR YARD SETBACK W EX. HYDRANT4' FBSL S01°54'05"E 21.68' (M)DELTA=06°10'16" (M)R=1100.00 (R)T=59.30'L=118.48 (M)CH BRG=S01°11'03"WCH LEN=118.42'MAG NAIL FOUND (PER HCSO TIES)AT THE SW CORNER SE14 SE14SEC1-T17N-R3ES88°46'07"E 1345.53'NORTH (R) N00°18'14"E (M) 532.02' (R&M)HARRISON MONUMENT FOUND(PER HCSO TIES) AT THE NECORNER SEC 1-T17N-R3EN00°18'14"E 2642.64'PROPOSED LIMITS OFCONSTRUCTION(0.24 AC.)EX. SHED TO BEREMOVED140.06'LIMITS OF NEWHOMEWW W W W WEX. WATER MAIN25.04'28' 12 R/WNOTE: PETIONER TO CONTRIBUTE TO THETHOROUGHFARE PLAN FUND IN LIEU OFCONSTRUCTING PROPOSED 5' SIDEWALK91.47'150.81'45.01'45.01'153.08'90.19'28.04'20.14'120.01' 140.08'NOTE: PETIONER TO CONTRIBUTE TO THETHOROUGHFARE PLAN FUND IN LIEU OFCONSTRUCTING PROPOSED 10'MULTI-PURPOSE PATHENGINEERS 317 | 846 - 6611 800 | 452 - 6408 317 | 843 - 0546 fax W E I H E Land Surveying | Civil Engineering Landscape Architecture ALLAN H. WEIHE, P.E., L.S. - FOUNDER 10505 N. College Avenue Indianapolis, Indiana 46280 weihe.netMatthew & Christine Tanner PRIMARY PLATREPLAT OF PART OF LINCOLN HIGHWAY ESTATES LOT 1CONTACTS:OWNER:LAND SURVEYOR/ENGINEER:Matthew & Christine TannerWeihe Engineers10630 Westfield Blvd10505 N. College AvenueCarmel, IN 46280Indianapolis, IN 46280317-281-8479Duane Sharrer, P.E. 317-846-6611Email: mtanner242@gmail.comEmail: sharrerd@weihe.netEmail: christinetanner01@gmail.comSITE DATAEXISTING ZONING:R1Maximum Density:2.9 Lots per AcreMinimum Lot Area:10,000 SFMinimum Front Yard Setback:35' (see Variance Grant for Middle Drive)Minimum Side Yard Setback:10'Minimum Rear Yard Setback:20'Minimum Lot Width:100'Maximum Lot Coverage:35%Minimum Ground Floor Area:1,100 SF (one-story) 900 SF (two-story)ADJACENT ZONING:North:R1South:R1East:S2West:R1VICINITY MAP1"=2000'SITE PLAN1"=30'SOILS MAP1"=200'SOILSERIESYmsB2DESCRIPTIONMiami Silt Loam, 2 to 6 percent slope, erodedSITE106th StreetWestfield Blvd.Part of Section 1, T17 N, R3E, Clay Township, Hamilton County, Carmel, IndianaDATE OF SUBMISSION:October 14, 2020DOCKET NUMBER:XXXXEXISTING CONDITIONSPROPOSED CONDITIONSWGWE(A)CFO1.SUBJECT PROPERTY DOES NOT LIE WITHIN THAT SPECIAL FLOOD HAZARD ZONE "A" AS DENOTED ON COMMUNITY PANEL NUMBER 18057C0209G OF THE FEMAFLOOD INSURANCE RATE MAPS EFFECTIVE NOVEMBER 19, 2014.2.ALL STREETS, CURBS, WALKS, STORM SEWERS, DRAINAGE IMPROVEMENTS, AND WATERMAINS TO BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OFCARMEL AND HAMILTON COUNTY CONSTRUCTION STANDARDS AND SPECIFICATIONS.3.ALL SANITARY SEWERS TO BE CONSTRUCTED IN ACCORDANCE WITH THE TRICO REGIONAL WASTE DISTRICT CONSTRUCTION STANDARDS AND SPECIFICATIONS.4.LOCATIONS OF UTILITIES SHOWN WITHIN THESE PLANS ARE BASED UPON INFORMATION OBTAINED FROM UTILITY COMPANIES OR THEIR REPRESENTATIVES ANDFIELD EVIDENCE OF IMPROVEMENTS VISIBLE ON THE GROUND SURFACE. EXACT LOCATIONS OF UNDERGROUND UTILITIES HAVE NOT BEEN VERIFIED. THECONTRACTOR SHALL NOTIFY UTILITY COMPANIES AND REQUEST FIELD LOCATIONS OF SUCH WITHIN THE WORK AREA PRIOR TO COMMENCING EXCAVATIONACTIVITIES. THE CONTRACTOR SHALL REPORT ANY VARIATIONS FROM THE LOCATIONS SHOWN THAT MAY PRESENT A CONFLICT WITH EXECUTION OF THE WORKTO THE ENGINEER IN ADVANCE OF CONSTRUCTION.5.MATERIALS AND WORKMANSHIP SHALL COMPLY WITH ALL APPLICABLE CODES, SPECIFICATIONS, LOCAL ORDINANCES, INDUSTRY STANDARDS AND UTILITYCOMPANY REGULATIONS6.ANY FIELD TILES ENCOUNTERED DURING THE COURSE OF CONSTRUCTION SHALL BE PERPETUATED IN COMPLIANCE WITH STATE AND LOCAL LAWS ANDREGULATIONS.7.THE DEVELOPMENT IS PROPOSED TO BE SERVED BY PUBLIC SANITARY SEWERS, WATER MAINS, STORM SEWERS, GAS, ELECTRIC, TELEPHONE AND CABLE TV. THEAPPLICABLE UTILITIES HAVE, OR WILL HAVE, SUFFICIENT CAPACITY TO PROVIDE SAID UTILITIES AT A LEVEL OF SERVICE TO MEET THE NEEDS OF THE DEVELOPMENT.8.MINIMUM FLOOD PROTECTION GRADE (MFPG) OF ALL STRUCTURES FRONTING A POND OR OPEN DITCH SHALL BE NO LESS THAN 1' ABOVE ANY ADJACENT100-YEAR LOCAL OR REGIONAL FLOOD ELEVATIONS WHICHEVER IS GREATER, FOR ALL WINDOWS, DOORS, PIPE ENTRANCES, WINDOW WELLS AND ANY OTHERSTRUCTURE MEMBER WHERE FLOODWATERS CAN ENTER A BUILDING.9.MINIMUM LOWEST ADJACENT GRADE (MLAG) IS THE ELEVATION OF THE LOWEST GRADE ADJACENT TO THE BUILDING WHERE THE SOIL MEETS THE FOUNDATION AROUND THE OUTSIDE OF THE STRUCTURE (INCLUDING STRUCTURAL MEMBERS SUCH AS BASEMENT WALKOUTS, PATIOS, DECKS, PORCHES, SUPPORT POSTS OR PIERS AND RIM OF A WINDOW WELL). IN ADDITION, THE MINIMUM FINISH FLOOR ELEVATION OF ALL STRUCTURES SHALL BE AMINIMUM OF 6" ABOVE THE ESTABLISHED MLAG.10.SUBDIVISION MONUMENTATION SHALL BE SET IN ACCORDANCE WITH THE CARMEL SUBDIVISION CONTROL ORDINANCE. SEE SECONDARY PLAT FORLOCATIONS AND TYPES OF MONUMENTATION.11.ALL PAVING WITHIN THE EXISTING AND PROPOSED CITY RIGHT OF WAY SHALL CONFORM TO THE REQUIREMENTS OF THE DEPARTMENT OF ENGINEERING. THECONTRACTOR SHALL CONTACT THE DEPARTMENT OF ENGINEERING TO SCHEDULE A PRE-CONSTRUCTION MEETING TO REVIEW THE DEPARTMENT'SCONSTRUCTION REQUIREMENTS, STAFF NOTIFICATION REQUIREMENTS, REQUIRED INSPECTION FOR CERTAIN STAGES OF THE WORK AND TO REVIEW THEAUTHORITY OF THE DEPARTMENT AS IT RELATES TO THE WORK WITHIN THE EXISTING AND PROPOSED CITY RIGHT OF WAY.12.IF IT WILL BE NECESSARY TO TO RELOCATE EXISTING UTILITIES, THE EXPENSE OF SUCH RELOCATIONS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. ALL UTILITYPOLES SHALL BE LOCATED WITHIN ONE FOOT OF THE PROPOSED RIGHT OF WAY.NWESNOTESLEGAL DESCRIPTION(QUOTED FROM INST. #2017057089)A PART OF THE SOUTHEAST QUARTER OF SECTION L, TOWNSHIP 17 NORTH, RANGE 3 EAST, THE MIDDLE ONE-THIRD OF LOT I OF THE LINCOLNHIGHWAY ESTATES ADDITION, LOCATED IN SECTION I, TOWNSHIP 17 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA,RECORDED DECEMBER 6, 1919 IN PLAT BOOK 1 10, PAGE 29, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT 532.02 FEET NORTHOF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION I, TOWNSHIP 17 NORTH, RANGE 3 EAST; THENCE NORTH 140.08 FEET;THENCE WEST 318.5 FEET TO AN IRON STAKE IN CENTER OF DRIVE; THENCE SOUTHWESTERLY IN CENTER OF DRIVE 140.08 FEET TO AN IRONSTAKE; THENCE EAST 320.5 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.3 ACRES, MORE OR LESS.116th StreetCollege Ave.Keystone Pkwy. Westfield Blvd.SITEP101of 1 TAB 4 WESTFIELD BLVD. MIDDLE DR.VAL LEY DR .32' +/-32' +/-10' +/-EX. R/W EX. R/W1A1B4' FRONT SETBACK20' REAR SETBACK35' FRONT SETBACK10' SIDEYARDSETBACK10' SIDEYARD SETBACKPROPOSED 28' 12 R/WPROPOSED 45' 12 R/W32.0'NWES317 | 846 - 6611800 | 452 - 6408317 | 843 - 0546 faxWEIHEENGINEERSLand Surveying | Civil EngineeringLandscape ArchitectureALLAN H. WEIHE, P.E., L.S. - FOUNDER10505 N. College AvenueIndianapolis, Indiana 46280weihe.netEXHIBIT "A"SETBACKSOctober 14, 2020ASSUMPTIONS:1.NO ADDITIONAL RIGHT OF WAY DEDICATEDALONG MIDDLE DRIVE.2.PROPOSED SETBACKS DENOTED PERCURRENT EXISTING R-1 ZONING TAB 5 Filename: Primary Plat 20 Revised 1//2019 Page 7 FINDINGS OF FACT FORM FOR PRIMARY PLAT CONSIDERATION Carmel Plan Commission Carmel, Indiana DOCKET NO. ___________________ SUBDIVISION NAME: __________________________________ PETITIONER: _____________________________ _____ Based upon all the evidence presented by the petitioner and upon the representations and certifications of the staff of the Department of Community Services, I determine that the plat complies with standards of the Carmel Unified Development Ordinance. _____ I hereby approve of the primary plat as submitted with the following specific conditions as agreed to by the petitioner. Condition 1. _________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Condition 2. _________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Condition 3. _________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ _____ I hereby disapprove of the primary plat as submitted for the following reasons: 1. __________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 2. __________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 3. __________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DATED THIS __________ DAY OF ______________________________, 20 _______. _________________________________________ Commission Member PZ-2020-00175 PPA Lincoln Highway Estates Lot 1A and 1B Matthew and Christine Tanner 20 FINDINGS OF FACT – DEVELOPMENT STANDARDS VARIANCE CARMEL, INDIANA Docket Nos.: PZ-2020-00175 PPA and PZ-2020-00176 V Petitioner: Matthew and Christine Tanner 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The requested variance is necessary in order to develop a new lot for the construction of a new home that will have an anticipated sales price consistent with or in excess of the existing single-family homes that surround the proposed new lot. As a result, approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community. 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 requested variance is necessary in order to develop a new lot for the construction of a new home that will have an anticipated sales prices consistent with or in excess of the existing single-family homes that surround the proposed new lot. The uses that surround the proposed new lot on the north, east, west and south are other existing single-family homes with similar setbacks in particular along Middle Drive. As a result, it is anticipated that approval of the variances should have a positive impact on the use and value of homes and area that are adjacent to the proposed new lot. 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 front yard building setback of the R-1 development standards, as strictly applied to the proposed new lot, would result in practical difficulties in that it would prevent the creation of an appropriately sized new lot for the construction of a new home which followed the front building setback established by the homes to the immediate north and west of the proposed Lot. As a result, absent the granting of the requested variances, the Applicant will not be able to create a new lot which follows the building setback consistent with other homes to the north and west of the subject Lot.