CorrespondencePage 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
Page 11 of 12 Filename: development standards variance application & instructions 2021 Revised 2/25/2021
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3 and first 2 blanks)
Docket No.: _______________________________________________
Petitioner: _______________________________________________
1.The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
3.The strict application of the terms of the Unified Development Ordinance to the property will result in practical
difficulties in the use of the property because:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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 __________________________________, 20 _______.
_____________________________________________ _____________________________________________
CHAIRPERSON, Carmel Board of Zoning Appeals
_____________________________________________ _____________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
PZ-2021-00164 DP/ADLS
NVS Propeties VIII LLC
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 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.
We are set back off Michigan and are a nested site within the development, so these trees and shrubs
would not be visible from any public right of way. We are adding a daycare to the public, and in order to
make it a functioning one that is code compliant and able to be licensed, we need to provide a certain
amount of usable outdoor space and these changes allow for that.
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
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