HomeMy WebLinkAboutPacket for HO 03-28-22 BZA Info Packet
DOCKET NO. PZ-2022-00028 V
KD Landscaping, Inc.
317-896-9180 117377 LITTLE EAGLE CREEK AVE, WESTFIELD, IN 46074
FINDINGS OF FACT SHEE - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 +first two blanks)
Docket No.: PZ-2022-00028 V
Petitioner: KD Landscaping, Inc.
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
It does not encroach on the 15 ft wide drainage, sewer, and utility easement. It will be up to code.
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:
It is an improvement that will add value to the home, thus adding value to the surrounding areas.
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:
Because the home is set on an angle, the deck will encroach 20ft into the easement.
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
HEARING OFFICER, 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.
Statement of Request:
Aaron and Helen Bernie are requesting to have KD Landscaping, Inc. build a deck. According to the UDO
Section 2.06, there is a minimum 20 ft side/rear setback required. We are requesting a 16.5 ft setback for
the deck. The deck will not encroach on the 15 ft drainage, utility, or sewer easement. The site is located
at 14458 Smickle Lane (Cherry Tree Grove Subdivision, Lot 12) and is zoned S2/Residence. Filed by
Kara DeLong of KD Landscaping Inc. on behalf of Aaron & Helen Bernie, owners.
Statement of Variance:
According to the UDO Section 2.06, there is a minimum 20 ft side/rear setback required. We are
requesting a 16.5 ft setback for the deck. The deck will not encroach on the 15 ft drainage, utility, or
sewer easement.
Statement of Support:
According to the UDO Section 2.06, there is a minimum 20 ft side/rear setback required. We are
requesting a 16.5 ft setback for the deck. The deck will not encroach on the 15 ft drainage, utility, or
sewer easement. Because the home is at an angle, the home does not have as much space to build
before encroaching into the setback. The proposed deck would extend 3.5 ft on one end, digressing to
1.5 ft, and 5 ft in height. The variance allows the customer to have better use of the proposed to the deck.
It will increase the value of the home, thus increasing the value of the surrounding homes and
neighborhood. Without the variance, the homeowner will not be able to have optimal use of the deck
space. This is based upon calculations of outdoor living furniture, seating space, and walking space.
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Community Association Management
Architectural Change Application
Please know it is the goal of the committee to respond to submissions in a timely
manner. This process may take up to 30 days depending on the specific provisions
outlined in your community's governing documents. Please refer to those documents
prior to making any architectural change request.
Name: QAron 1%era.141L
Community: Cl i Crov4,
Address: —1M 5 ors
City/State/Zip: Cbrmi 1 _414,03�
Lot#: �.
Email: t _aran,b2.r l e k)rlAcot
Phone(s) (H): (W):
Fax:
Estimated start date:: Qmber Estimated completion dater emlatr
Name of contractor/person performing the project work:
In accordance with all Association governing documents, covenants, easements,
charges, liens and the Association's rules and regulations, I request consent to make
the following changes, alterations, renovations, additions and/or removals to my unit/lot.
Project Description:
c C._ - . 5k-ars41.6 C.,"(XCA11412, �a Rio
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Is this an amendment to a previous request?
CVO
CHECKLIST OF REQUIRED DOCUMENTATION FOR PROJECT
SUBMISSION Two application packets must be submitted. This includes the
completed/signed application along with the following additional information. Incomplete
submission packets will be denied:
1. Written description of project if further explanation is needed apart from application.
2. Survey location report marking location of the project in relation to the property
lines, easements and existing structures.
3. Construction plans, blue prints and/or landscape designs if
applicable. 4. Specific information regarding materials, colors, style
and dimensions.
5.Any additional details relevant to the project.
I Understand that according to the declaration and the rules and regulations, the
committee will act on this request and provide me with a written response of their
decision. I further understand and agree to the following provisions:
1. No work or commitment of work will be made by me until I have received written
approval from the Association. Failure to comply with the documents or starting
work prior to receiving written approval may result in suspension of the project
and/or alteration or removal of such project.
2. All work will be done at my expense and all future upkeep will remain at my
expense.
3. All work will be done expeditiously once commenced and will be done in a good
workman-like manner by a contractor or myself. Failure to complete the project
within ninety (90) days of approval may result in required application resubmittal
to the committee.
4. All work will be performed at a time and in a manner to minimize interference and
inconvenience to other homeowners.
5. I assume all liability and will be responsible for all damage and/or injury, which
may result from performance of this work.
6. I will be responsible for the conduct of all persons, agents, contractors, and
employees who are connected with this work.
7. I wilt be responsible for complying with, and will comply with, all applicable
federal, state, and local laws; codes; regulations; and requirements in connection
with this work, and will obtain . any necessary governmental permits and
approvals for the work. I understand and agree that the Association governing
the unit/lot, its board of directors, its agent and the committee have no
responsibility with respect to such compliance and that the board of directors' or
its designated committee's approval of this request shall not be understood as
the making of any representation or warranty that the plans, specifications, or
work comply with any law, code, regulation, or governmental requirement.
8. If my unit/lot adjoins Association common area or contains any easements, I
understand the obligations and risks and certify to abide by all restrictions in
association governing documents, plat covenants and restrictions, and any local
or county laws, codes or regulations.
Date: 1/131 A
Signature:
FOR COMMITTEE USE ONLY:
Date Submission
Received: Rec'd By:
Submission Packet Complete: Yes or No
If No, action taken:
Committee Decision: Approved Denied
If denied, reasons for denial
Approved/Denied by:
Signature: Date:
Printed Name:
All submission packets should be mailed to:
Centerpoint Community Association Management 14630 Lisborn Drive I Carmel, IN
46033 Phone 317-843-2226 I Fax 317-805-7361
CERTIFICATE OF SURVEY
I, Stephen M. Cooper, duly licensod Indiana Land Surveyor Number 80567, in accordance with the
taws of tho State of Indiana, do hereby certify that to tho best of my knowledge and .belief,th(3 within
Plat represents a survey made undar my supervision on August 5, 2019 on the following described
tract:
Lot 12 In Cheny Tree Grove. tllb plat of which Is recorded in Plat Cabinet 4 Slide 483, Instrument Number
2008414191 in the Office of the Recorder of Hamilton County.
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The within survey has been prepared,to the best of my and belle:, under my supervislen and in aurdarwe with Title
865, Article I, Chapter 12 of the Indiana Administrative code CROle The following opinions and interpretations are
submitted regarding the variws unceEtaintJes In the locations Of the anos and corners as established per this survey.
Theuncertaintles are based urm, and as a tesu!t Of uncertainties in reference monumentaion, in record desuiptions
and plats, in lines of occupation, end as Introduced by random errors In measurement •F:e2aUve Positjone!
Accuracy'. There may also be unwritten lights associated with these uncenainties.The client should assume there
Is an amouat of uncertainty along any line equal fn sign}Gcan to the discrepancy the location of the fines of
possesnion from the surveyed tines.
The Relative Positional Accuacy of the corners of the subject tract estab113hed per this su:voy is within the requirements for a
Suburban Survey(0.13 feel(40 millimeters)plus 100 parts per million)as<iofinei in lAC 865:
Centerijne monuments were found at point in the center of right-of-ways la the subject subdivtsiom A rebar with cap
matked S&A was found marking the southwest comer of the sub}ect lot.A repar WILh cap marked C2is Firm#0035
were set at the northeast corner of the lot.A cut was set in the top of a storm sewer intet at the northwest comer of
the subject lot-The post of a basketball goal was found I ihot scuth of the nodh une of the subject lot as shown
hereon.A concrete drive'.vas found 0.6 feet north of the nQElh line of the subJect lot as shown hereon.
The uncertainty associated with the corners a; found or established this survey as related to (1) variances in
reference monumentation Is up to 0.2 feet, as related to(2)discrepancies on the Fecord plat or within the deeds of
record for the sublect lot is negillgib!e,and as related to(3) Incons!stencles to lines of possession of occupation Is
up to I foot.
Unless othenvlse noted In the above report or as sham on the ti rvey,the monuments ahryaskare iljtpjtyillI4 IN frOtortn,
The within survey has been prepared without benefit of cu 4'f6 's3 ounce of title for the subject tract or adjokient and
are there[r subject to any atalement kets revealed . •t documents. This qualificetlon will be removed
upon receipipt examination of nt a work and : alto.:.t fis1.ted therein.
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Stephen M. perr.
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Professional Surveyor#S0657 I j 4,QlAttp�'t
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COOR Consulting & Land services Corporation
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HOA Approval via email
From: Support CenterPointCam <support@centerpointcam.com>
Sent:Wednesday,September 29, 2021 5:10 PM
To: KD Landscaping Office <office@KDLANDSCAPINGINC.COM>
Subject: Fwd:ARCH application for 14458 Smickle Lane
Please find below the approval for 14458 Smickle Lane.
Warm regards,
Olivia
Client Support Services
Centerpoint Community Association Management
13295 Illinois Street,Suite 316
Carmel, IN 46032
317-843-2226 phone
centerpointcam.com
Centerpoint Community Association Management
Centerpoint Community Association Management provides Professional Homeowners
Association Management Services to the Greater Indianapolis, Indiana metropolitan area,
including Fishers, Westfield, Noblesville, Zionsville and Carmel.
centerpointcam.com
If we have provided you with excellent customer service, we would love for you to take a
moment and post your review on Google.
COVID-19 Procedures for Centerpoint
In light of the health crisis we are all facing with COVID-19, Centerpoint is taking all
reasonable and precautionary measures to protect our staff while continuing to provide our
clients with exceptional customer service.
Please continue to email staff as this is the best method to reach us. You may also reach
out via our office phone. Our goal is to return all calls/emails by the end of the next
business day. We appreciate your understanding as we all navigate today's health
concerns and make adjustments to our work flow when necessary.
If it is necessary for you to drop something off to the Centerpoint office, we ask that you
make an appointment with our staff. Due to the nature of our business, we are often out of
the office visiting the communities we serve. We ask that everyone who visits the
Centerpoint office wear a mask regardless of vaccination status.
From all of us at Centerpoint, we wish you and your family a safe and healthy year!
If this communication is regarding your account balance,please be advised: This communication is from a debt collector. This is
an attempt to collect a debt. Any information obtained may be used for that purpose.
Forwarded message
From: Support CenterPointCam <support@centerpointcam.com>
Date: Wed, Sep 29, 2021 at 5:09 PM
Subject: ARCH application for 14458 Smickle Lane
To: Aaron Bernie <aaron.bernie@gmail.com>
Dear Aaron:
The Architectural Review Committee for your association has reviewed and APPROVED your architectural
submission for the following: Installation of a stamped concrete patio with firepit and a composite deck. Details
below per your application and discussion with Kurt Delong from KD Landscaping.
Project Description:
Elevated deck using Winchester Grey Composite Decking. Deck will be 20'X 20'. Deck will be
skirted with the same composite decking material. The deck will have a set of stairs made of
the same composite decking material. The deck will also have a railing system made of the
same composite decking material. The deck will have a rear setback of 18 feet from the
property line.
The deck will have a recessed hot tub.
Stamped concrete patio approximately 21'X 22' in color gray. This patio will also include a
firepit in the color gray.
There is no additional landscaping in this application. A retention wall is mentioned in the
application. Mr. Delong stated that a retention wall is not part of the project so it was not
considered during the review process.
Address: 14458 Smickle Lane
All construction must commence within 180 days of this letter. If construction has not been commenced within
the 180 days, such approval shall be deemed withdrawn. Once construction is commenced, all work shall be
completed within 180 days of commencement.
ARC approval of plans shall not constitute a representation, warranty, or guarantee that such plans and
specifications comply with engineering design practices or zoning and building ordinances, or other
governmental agency regulations or restrictions. The ARC shall not be responsible for reviewing, nor shall its
approval of any plans or design, be deemed approved from the standpoint of structural safety or conformance
with building or other codes. By approving such plans and specifications, neither the ARC, the Members
thereof, the Association, any Member thereof, their Board of Directors, any Members thereof, or the Declarant
assumes any liability or responsibility therefore or for any defect in the construction or improvement from such
plans or specifications. Neither the ARC, the Association, the Board of Directors or the Association or any
Members thereof, not the Declarant or Developer shall be liable to any Member, Owner, Occupant, or other
person or entity for any damage, loss or prejudice suffered or claimed on account of(1)the approval or
disapproval of any plans, drawings, or specifications, whether or not defective, or(2)the construction or
performance of any work whether or not pursuant to the approved plans, drawings, or specifications.
Your cooperation with the architectural review process is greatly appreciated. If you have any questions,
please contact the Association at 317-843-2226 or via email at support@centerpointcam.com. Best of luck
with your project.
Warm regards,
Olivia
Client Support Services
Centerpoint Community Association Management
13295 Illinois Street,Suite 316
Carmel, IN 46032
317-843-2226 phone
centerpointcam.com
If we have provided you with excellent customer service, we would love for you to take a
moment and post your review on Google.
COVID-19 Procedures for Centerpoint
In light of the health crisis we are all facing with COVID-19, Centerpoint is taking all
reasonable and precautionary measures to protect our staff while continuing to provide our
clients with exceptional customer service.
Please continue to email staff as this is the best method to reach us. You may also reach
out via our office phone. Our goal is to return all calls/emails by the end of the next
business day. We appreciate your understanding as we all navigate today's health
concerns and make adjustments to our work flow when necessary.
If it is necessary for you to drop something off to the Centerpoint office, we ask that you
make an appointment with our staff. Due to the nature of our business, we are often out of
the office visiting the communities we serve. We ask that everyone who visits the
Centerpoint office wear a mask regardless of vaccination status.
From all of us at Centerpoint, we wish you and your family a safe and healthy year!
If this communication is regarding your account balance,please be advised: This communication is from a debt collector. This is
an attempt to collect a debt. Any information obtained may be used for that purpose.