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Home My WebLink AboutApplication w/AffidavitPage 1 of 12 Filename: development standards variance application & instructions 2021 Revised 2/25/2021 CARMEL BOARD OF ZONING APPEALS DEVELOPMENT STANDARDS VARIANCE APPLICATION FILING FEES: Single Family (Primary Residence) $366.00 for the first variance, plus $109.00 for each additional section of the ordinance being varied. All Other $1,459.00 for the first variance, plus $687.00 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 Uploader:______________________________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 NVS Properties VIII LLC 227 West Monroe Street, Suite 5040, Chicago IL 60606 Guidepost Montessori 312-625-1417 Allen Pepa Archictects, Eric Pepa 630-578-5860 N/A Chris Horney 312-625-1417 chorney@murphyres.com Chris Horney X 17-13-07-00-00-006.000 See attached Exhibit 10216 N Michigan Road, Carmel IN Because of our use (a daycare), outdoor space and playground space is both required by the Health Department and critical to an effectiive daycare. UDO Section 5.19.F requires a certain number of shade trees and shrubs, which we're unable to provide all of them and also provide the playground spaces. The BZA should grant this as the west and north are both sides of the property that aren't visible from any public street, as the west side of the property abuts the development's stormwater retention pond, and the north side is abutting the rear of an industrial pool business storage building, and is not visible from their site. Furthermore, we are set back off Michigan and are a nested site within the development, so these trees would not be visible from any public right of way. Finally, we've done our best to add extra trees on the other available areas to make up what we needed to remove in the playground area. Page 2 of 12 Filename: development standards variance application & instructions 2021 Revised 2/25/2021 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. B-2 US HIGHWAY 421 – MICHIGAN ROAD CORRIDOR OVERLAY ZONE 1.71 Vacant Land 10,700 SF Daycare facility and associated parking and outdoor playground area Not occupied No No As soon as we receive a permit Guidepost Montessori 11/4/21 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Situated in part of the NW 1/4 of Section 7, Town 17 North, Range 3 East, Clay Township, Hamilton County, Indiana, and being more particularly described as follows: Being all of Lot Numbered 3 of West Carmel Commons Secondary Plat, as set forth on the plat thereof recorded August 3, 2012 as Instrument Number 2012044435 and in Plat Cabinet 4, Slide 793, in the Office of the Recorder of Hamilton County, Indiana. Parcel 2: Together with the non-exclusive easement for vehicular and pedestrian access as set forth in the Declaration of Easements and Protective Covenants by Michigan Road Carmel, LLC, an Indiana limited liability company, Carl B. Terry and O. Lee Terry dated August 7, 2012, recorded August 23, 2012 as Instrument Number 2012050182 of the Hamilton County, Indiana Recorder's Office. This is a Pro Forma Policy, which provides no insurance coverage, furnished to or on behalf of the proposed insured. This pro forma does not reflect the present status or condition of title and is not a commitment to insure the estate or interest or to provide any affirmative coverage shown herein. Any commitment must be an expressly written undertaking issued on the appropriate forms of the Company. This Pro Forma Policy solely indicates the form and content of the Policy which the Company may issue if all necessary documents are furnished, all acts are performed, and all requirements set forth in the title commitment covering this property (or that may be required by underwriting) are met to the satisfaction of the Company. ALTA OWNER'S POLICY OF TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01219-21797 STG ALTA Owner's Policy Sch A PROFORMA Page 2 of 2