HomeMy WebLinkAboutApplicationCARMEL 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.
1)
2)
3)
4)
5)
a;
7)
Applicant:Old Town
Companies
SW, Carmel IN 46032
Project Name: 130 1 st Ave NM
Office Use Only
DATE RECEIVED:
Phone: _317-496-7160
Architect:Greg Ilko, Crossroads Phone: 317-780-1555, 112
Attorney: nla
Phone:
Contact Person: Rebecca McGuckin Phone:317-496-7160
Email: rebecca@oldtowncompanies.com
ProjectDox Contact Person:Rebecca McGuckin Phone:317-496-7160_
Email:_rebecca@oldtowncompanies.com
A[7]ant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
purchaser of the property. (c) Other: _X
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Fields Market Garden LLC
■
Address: 31 1 st St
Engineer/
(b) The applicant is the contract
Owner's address: 31 1 st St SW Carmel, 46032 Phone: 317-496-7160
Record of Ownership: Deed Book No./Instrument No._2020024047 (see attached)
Page.
Purchase date: 2/9/2
8) Common address of the property involved: 280 W. Smoky Row
Legal Description: (see attached) ' Tract A Parcel ID # Tax
Parcel ID No.:17-09-24-00-00-031.401
9) 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.) Minimum Height in Urban Residential 5.15 HT-02, A. Transitional Limitation: Any UR District
project adjacent to any non -urban single family residential zoning district shall be limited to a two-story
building for any portion of the subject building within fifty (50) feet of the shared property line. The appeal is
to relocate the existing one story home. Maximum Rear Setback 2.18 UR District Development Standards
6 feet for surface parking, 10 feet when adjacent to an alley, 20 feet when not adjacent to an alley. Appeal
for no maximum setback to maintain production of annual and perennial vegetables and native vegetation
on land.
Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance"). The home will
be contextually appropriate on the 1.7 acres of open space to be utilized for production and the additional 3+ acres of
native habitat. Due to moving the existing home, deemed of contributing character, it should maintain it's one story
structure and should not have a maximum rear yard setback in order to maintain the surrounding intent of urban
agriculture.
Page 1 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020
9) Zoning district classification of property:Urban Residential Overlay Zone of
9a) property (if applicable):
10) Size of lot/parcel in question: 1.7 acres acres/sq.ft.
11) Present use of property: garden, floodplain
12) Describe proposed use of property: additional residence for future farmer for urban garden
13) Is the property: Owner occupied Renter occupied Other _future farmer.
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: filed but not yet granted,
Builder: Old Town Companies moving the home_
16) If proposed appeal is granted, when will the work commence?
April 26th
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
future farmer in residence
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 S.
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
Rebecca McGuckin
Date:3/29/27
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 2 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: /'e-1 Cr Ce—
�i/�
STATE OF INDIANA
SS:
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for __ Cuuiily, Slate of Indiana, personally appeared
(Notary Public's county of residence)
�� and acknowledge the execution of the foregoing instrument 0 Y ` C C'� ��
(Property Owner, Attorney, or Power of Attorney)
this day of
1
Notary Pubf )ignature
�uINAVER
Notary Public, Stete of Indiana —
Hamilton CcTinty
_x. EAL, *= Commission # � 13975 Notary P lic—Printed Name
's r'• ril
OiA�P� My Commissio Expires
rtlln�55. July 23, 2026
My commission expires r
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Page 3 of 12 Filename: development standards variance application 8 instructions 2020 Revised 102020