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December 29, 200
~
To: City of Carmel and Clay Township
Advisory Board of Zoning Appeals
This memo is in reference to the attached application for a Development Standards
Variance requesting that a wood picket fence remain "as is" at my residence at 11125
Westminster Way, Lot #31, in the Kingswood Subdivision.
I hope that the attached application is complete with the information requested for this
application by the City of Carmel. Although I have outlined in the Findings of Fact
document the reasons why this fence should remain, I would like to highlight the
following for your consideration:
1. The location of this fence was first approved by the Kingswood Subdivision
Board of Directors in 1999. At that time the fence to be erected was a 4-foot
wood picket fence.
2. In the fall of2005, the fence was replaced and raised 1 foot with a 5..foot
wood picket fence in the same location in order to contain our new dog, which
for some reason possesses outstanding jumping ability. This fence was
erected on the exact same footprint as the previous fence. This fence was also
approved by the Kingswood Board of Directors.
3. We live on Westminster Way which is one of the busiest streets in our
subdivision as it is close to the entrance of Kingswood.
4. I would like to request that the fence remain in its current location as it meets
the safety needs of our dog as well as allowing our children to play in our
backyard with the peace of mind knowing that they are safe.
5. This fence only projects from the side of my home a short distance. The
reason this fence is in the current location is that it would require me to
drastically change the landscaping of the backyard due to existing trees and
planting beds, thus the reason for approval from the Kingswood Board.
6. I have spoken to Kevin Brennan, Code Enforcement Officer, who has
inspected the fence and it's location. He has stated to me that the fence is not
a safety or traffic hazard, it is well constructed and does not see it as a
problem.
7. Finally, I would appreciate the consideration to have this application reviewed
by the Hearing Officer for the City of Carmel.
Please let me know if you have any further questions regarding this application. I look
forward to working with you to answer any questions that you may have.
B~
Greg Policka
11125 Westminster Way
Carmel, IN 46033
Home: 317-580-1505
Cell: 317-752-1007
cc: Kevin Brennan, Code Enforcement Officer, DOCS
ru.J y .l.:JV~'-~ UV.l'1.I.'-LJ V~' L..VJ.,.u.,u ru..Ie.L>.CU..A.I
APPliCATION FORA DEVELOPMENT STANDARDS V ARlANCE-INSTRUcrION SHEET
Allowplenty oft1me. for the Department of Community Services (DOCS) staffreview ~d Board of Zoning Appeals (BZA)
approvaIPrOcesS(approximately4S-60 days). Discuss proposed Variance withtbeDQCS staff(please call for an ..
appointment; 571 :"2417,1bird Floor, Carmel City Hall, I Civic Square, Carmel). .
INFORMATION NEEDED for formal DOCS s1affandBZA review:
a. Need the original and one copy of the completed variance application (available from the Office of
DOCS),. \1ritb.1ega1 description(s) aUached. .
b. Need two (2) copies oflocation map showing location of site in question, zoning. and existing. land use of
all adjac~t properties.
c. Need two (2) copies of all plans drawn to scale with all rlimfmAions 8J1d depiCting all existing and
.propoSed structures;. e1e\lations, ~ drainage, ligJ1tiqg, signage, and any other supp()l'ting
docllrn~tion to fully understand the proposal. .
d. Need two (2) copies (one with each application fmm) of adjacent property owners certified by the
Hamilton County Auditors Office.
The above refeIencedinformation must be submitted to the DOCS at least forty~:five(4S) days prior to hearing date.
Within ten(IO)days, the application will be reviewed by staff and a letter out1iniQg tbC deficiencies will be mailed to the
petitioner orad<X:1refnumber will be assigned (a docket number will not be assigD.eduDtu all deficiencies are addressed).
After final review the petitioner will need to pay the required filling fee at which time the docket munber will be released.
Atthis timc;.theNoticeofPublicHearing must be mailed to all adjacent property owners and published in the Indianapolis
Star aMANJ)A'J.'ORY twenty-five (25) days prior to the public hearing date. .. .
,.Atleast ten (lO}days prior to the hearing, the petitioner must submit their proofpfp~Jica~proof of adjacent prQpCrty
owners notice;a~leted Petitioner's Affidavit ofNo1ice of Public Hearing, and1heBoard member's paCketS to the
DOCS (a 1TIiniim1mofDine (9) packets are needed). .
The following is the order and list ofiteIn$ .that should be included in the each.Board MembCi'spacket
4-Statcment of Support
S-Location Map
6-Reductions of all plans (site, ~landscapiDg, sigoage,lighting,etc..,)
and elevations .
Theproperiy oWner, property owner's AUomey,or someone with the property owner's power ofAttomeymust be present
atthe Carmell~yBoard of Zoning Appeals Public Hearing. .
I-Findingof:Fads (ballot sheet)
2~F~ofFads (question sheet)
3-S1ateJDent of Variance
A Presenta.tiOn uilIst be given at the public hearing This should include some typCofdisplay or exhibit, an overhead,transparency
projector.md laser pOinter will be available the night of the bearing. .
Generally, variaJ1CC appli~ are acted upon by the Board in one meeting.; However, the Board at its discretion at any
time maytablemnem. .
'.
O.
TheBpantof ~.Appeals meetS the foDrthMonday of each month at 6:00 p~ in.the City Council Chambers, 2nd
floor ofCit}'Hall, lCivic Square, Carmel, TMiima
::\docs\sbared\forms\fustrdev.std
~vised03/01l05
\II. I ur \lIVCMCL - t;LA Y I UWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS. ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $257.50 for the first variance, plus $n .25 for each additional section of the
ordinanCE) being varied. . . . . ..
All. otIler$978.50 for the first variance, plus $463.50 for each additionfJi section of the ordinance being varied.
OR see Hearing Officer Fees
2)
DOCKET NO. O"t> It>O 13 V DATE RECEIVED: .2. /30 /o,s
1} Appl~ ~~t:. .... r ~'1r...tIhJ A&.&,jl:A
Address: IIIAS W~STJ"MJcr;.,e.4. W.,4Yl ~".4L.. ,,sC/t.D.33 C ",",,,,"""eM)
Project Name: H.Jc.& &.rK-WlAUJ Phooe:51'O -ISi!S
Engineer/Architect: i'J / A Phone:
Attorney: N I A
Phone:
3) Applicant's Status: (Check the appropriate response)
V (a) The applicanfs name is on the deed to the property
(b) The applicant is the contract purchaser of the property
(c) Other:
4} If Item 3) (el is checked, please complete the following:
Owner.of the properly involved:
Owner's address:
.. Phone:
. 5) Record of Ownership:
Deed Book NoJlnstrument No. q1 afC' &fJ'
Page: ""IA Purchase date: lr.. t' -qtt
6) Common address of the property involved: It/zs- ~sr-~#l67SL lAlAY
Legal description: fJ,..IWtNlJIIss.,U,I.t"L - LoT 3l" "'~Gllltltl4 s"a 4_",,,,,,,./
Tax Map Parcel No.: J' -,"/ -tJV - 03 - Ol .. Ot tJ. ODD
7} State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s}of the Carmel/Clay Zoning Ordinance that applies and/QI" creates the need for this request).
fE~c.J:t(" 3.S.{)'Z., - T LAJ~~LLJ Rte~"l.n" -rwn- Cdl~f4T" LDc~dJA~ 1ku.-trr ~
t;,J.~." 76 ,&....,~.,.i A~ :~s. -r~'.1 rl,ld LtJ~oJ" Wits AljJ~~" ~"7'HL.
J/./~~,("(J/4t1.tJ D6/tAO I,J 7Joi.L ,cALL. 0 ~ l'if? A,,~ ~d,.rriJ:l'7h- ~.M't-
I,JS~n-. oF 20'S. THu h"q tJ~4 ~/"'oJ'-A 7/;1 (JJ~ ~(J&J"/'u 714~
A"iJ(J41.6 ~#T" ~4s ~ A .sit,.A7"I' t.oi~ 0,(" .t4~.~"7ItN1-"fLd~ 6u..<. (hiUt<. L4T
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8)
9)
10)
11)
12)
Sta~ereasons supporting thei)evel()pment Standards Varia~ce:~clitionalIY. complete the attached question
sheetentit!ed.-Findings.of Fact~Development Standards Vanance ).. ' '
lls~ .' s..,..... Cu'-dASaI .flu./J J.. Lilt,s Z.) ~t~ U-r l~nJ'& MD\)a"&1.JUd.
\sf\\M" \\LAoLE= a) ~~..GAu.'" A'd~Ac.LLc)4~I>&LI'#"\'1) slLtj,,~..4 p..IA4J0)
s) ~6't""AtifM..Ttl ~e.'i"l" 8__ tlQtf;~<.. ~~ - (U~..J~,JArIi .~ M~r ~FI-,tLfi.
. ... I ..... ..
PresentzOning of the property (give exact dassification):
Siieofl9t1parcel in question: il'1. ~1 1. at) .2." I) It. ..' acres
Presentuse of the property:~& . tJ~"'7' 14 L
Describe the proPOSed use of the property: 6:111 r.'r 114/t SN,-n1h~d
13), Is..theprop8rty: Owneroccupied V--
Renter occupied
Other
14)
Are<there anY restrictions, taws,covenants, variances, specialu~.or appeaJsfiJed inconnectionwithll1is
pro~rty,tI1.~twould relate or affect its use for the specific purpose of this application? If yes, give date and c10cket
.. numb~.. decision ,rendered and pertinent explanation. '
15)
Has work for which this application is being filed already started?If answer is yes, give details: t'HkL~
Building Permit Number: }1M ..' .
Builder: A WM,.t.f:'t,.l t.I.
16) If propoSed appeal is granted, when WIll the work commence?
~lA
17) Iftlje prQposedvariance is. granted, who will operate and/or use the proposed improvement for which this
applicaliOtl has. been flied? '
ti~t)w.1~ - ~t;... Ayc.~
NOTE:
. .... LEGAl,; t-JOTICi: shalli>epublishedin the Indianaoolis Star a MANDATO~Y ~ty.4Tve(25l~ priorto the public
hearil'lg date. The certified "Proof of Publication- affidavit for the newspaper must be available for inspection the night of
the hearing. .
i..EGAi.:NOTICE to all adjoining and' abutting property owners is also MANDATORY, two methods of notieeare
recommended: .,
1) CE~Ilf'ED MAIL - RETURN.RECEIPT REQUESTED sent to ~dJoining property owners. (The white r~eipt
sh()ulfjbestarnped by the Post Office at least twenty-five (25)dayt> prior to the public hearing date.)
2)H~I.:)DELlVERED to adjoining and abutting property owners (A receipt signed by the adJoinillg an~alJutting ,.
prop~rtyoWileracknowledging the twenty-five (25) day notice shoulfjebe kept for~catiOn that the notice'iNas
completed) .
Page 2 of 8 -z:Wlarl!d\fOlmS\BZA appIlcations\ Develll\lITII!I1l Slandards Variance ApprlCllllon A1V. 03f01105
--REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPQNSI~ILITYOFTHEAPPUCANT. -AGAIN. THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYSPRIORTOPUBLlC HEARING DATE
TheappliQiot understands ttU:lt docket numbers will not be aSsianed until an -.suDDortina information has been
submitted to the Deoartmenl of CommuniW Services. - - - . . . . -
ADJACENT PROPERTY OWNE~S LIST
Th~;applici:ll1tcertifiesby signing this application that helsheh8$~rla~that all rep~Otc:ltiol1sof the
Departmentofponirnunity Sfnicesare advisory only and that the appliQint should rely on appropriate subdivision and
zoning ordinancean~or the legal advice ofhislher attomey.
I,
.... .
. Auditor of Hamilton Couoty;lndiana. certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith.
OWNER
ADDRESS
EXAMPLE ONLY:
Formal list request sheet & official list may
be acquired form the Hamilton County
Auditor'sOffice (776-8401).
- S, Ar#t("1if) - - IIwA:I77,.JL /J/jw~,~( ;:~ ft..,.,c:nJ ~<J"'~ ..77 111.
.A~'t.:~.Atl,Ji} -- Ltt~ T,..,J S IJAYJ F~A... rl-I~,/dS .1 WIC &:. /k~ ~ _
7Ve,;"it-L..'f-. (~,J T AC$'II~ JT.
Date
Auditor of HamiltOriGounty. Indiana-Signature
D___~_6n .. ... .__. ...
AFFIDAVIT
I, hel"ebysw~arth~t I am the ownel"/contractpul"Chasel" of propertyinvolveclin this application and that ttle fortlgoing
si9na~res;s~~entsand answel"$ herein contained and the informatio.o t1erewith submitted are in all respects true and
correcUothe b~.of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf withregal"d
. . to this application and subsequent hearings and testimony.
13..--1' "C
Date.
(;1'dt;~Pl. Al-lcU1
(Please Print) . .
STATE. OF. INDIANA
55:
County of
Before me the undersigned, a Notary Public
(County in which notarization fakes place)
fOI"
. (Notaty.public's county of residence)
County, State of Indiana, personally appeared
(Property Owner, Attorney; or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
. day of
,20
Notary Publio-Signature
(SEAL)
Notary Public-Please Print
My commission expires:
Page 4 of 8 -z."\shan!dlfarms appIicaIiDns\ 0e\IeI0pment SlandanIs Valiance AppIIc;aIion leV. 03101105
SEE
ATt^c1iiO
::d"
'11
NOTICE OF PUBLIC HEARING BEFORE THE
. .
CJWv'IELJCLAYADVlSORY BOARD OF~ONING APPEALS
Docket No.
Notice is henmy given that the Carmel/Clay Board of ZOning~~s meetingon the . ..' .... ." day of
, 20 at 6:00 pm in the CityH8J1 CqlJnCll Chambers, 1 Civic Square, Carmel,
. ' , .
Indiana. 46()32 will hold a Public Hearing upon a Development. Standards Variance .application to:
(explain your request-see question numbered seven (7))
propertYb~ing kJ'lownas
. The application is.idlimtmed as Docket.No.
The real estate affected by said application is described as follows:
(Insert legal Description)
All Interested ~"~ desiring to present their views on the above application, either in writing or verbally, will be giVen an
opportunity tobel1eard at the above-mentioned time and place.
PETITIONERS
Page 5 of 8-z:\stIared\formappllcallons\ Development StandanIs VaIiance~ leV: 03101105
!
NOTICE OF PUBLIC BEARING BEFORE THE
CARMEL/CLAY ADVISORY BO.tUD OF WNlNG APPEALS
Docket No. 06010013 V
Notice is hereby given that the Cannel/Clay Board of Zoning Appeals meeting on the
27th day ofFebroary, 2006 at 5:15 p.rn. in the City Hall Caucus Rooms, 1 Civic Square,
Cannel, Indiana 46032 will hold a public hearing upon a Developments Standards
Variance application to:
W Chanter 25.02.01 Front Yard Fence Heie:ht
Property being known as: 11125 Westminster Way, Carmel, IN 46033
The application is identified as Docket No. 06010013 V
The real estate affected by said application is described as follows:
S-2 Residence
All interested persons desiring to present their views on the above application, either in
writing or verbally, will be given an opportunity to be heard at the above-mentioned time
and place.
G(gJ (h . /Ill
j1;,lMlInJ C. pn))~CPJ1)
Gregory M. Policka
Petitioner
Gretchen C. Policka
Petitioner
PETITIONER'S AFFIDAVIT OF NOTICE OF PU~UC HEARING
- -
~ . " -' ,"
CARMEUCLAYADVlSORY BOARD ()F~ONING APPEALS
Gu, "" blllTutt,J -~ c., CJ(A - DOHEREBYCERTIFYTHAT NOTICE OF
(petitioner"s Name) ___--............. ..
PUBLlCHEP.RINGiBEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number
0'-010013 1/ , was registered and mailed at least twenty-five (25) days prior tathe date of the public
I (WE)
hearing tothebeJowJisted adjacent property owners:
. OWNER
ADDRESS
STATEQFJNDIANA
88:
Theul1<l~igned.havin(J been duly sworn upon oath says thattha t:ibove Information Is trUeandcorrectandheis
Infanried and believes. .. .
Signature of Petitioner
County of .
(COUllty in which notarization takes place )
Before me the tjndersigned. a Notary Public
for
County, Stale of Indiana. personallyappeare<j
(NotarYPublic's county of residence)
and aCknowledge the execution of the foregoing Instrument this
(Property 0vvr'1er'; Attorney, or Power of Attorney)
day of
,200
Notary Public-Signature
(SEAL)
Notary Public-PleasePrint\
. My commission expires:
. Page 6 of 8 - z;\stIal..d\tllo..l5'8ZA appIic:alians\ DeueIopment SlandaRfs \larlanC:&AppI/l:al/an. rev. 03IIl1J05
CARMEL/CLAY ADVISORY BOARD OF Z()NING APPEALS
Cannel, Indiana
Docket No.:
0"0 10C 13 \I
~Ut; A./D 'lUn..riC,I ,4y c.1'-A
- ' .' ,,:: -:'. ' " ,~-' .
. - " .. .
RNDINGS OF FACT oi DEVELOPMENT ST ANDARDS"ARiANCEfBallot Sheet)
1.
2.
DAY OF
. 20
Board Member
Page 7 of 8-z:\shared\forms\BZAappllcations\ IlewIl>t-hcl.4S1anda1ds Varianc:e~ mv.03I01I05.
Petitioner:
CARMEUCLAY ADVISORY BOARD OF ZO..ING APPEAlS
. CARMEL, INDIANA
()tpD 100\3 V
C;,ut- A"" ~ia:.ne,J R, &au:. ~
FINDINGS OF FACT - DEVELOPMENTSTANDARoSVARlANCE
. OOc!<.etNo,:
1. The approval Of.this variance will not be injurious to the public health. safety..mo~ls and general welfare of the
commun~because: .
/)TIfL!I,JcE,,J ...tJJt.sna,l /Jtd.5 Nd. GIICTD/t..1lhM&C7~FIL s,t.1JCTot~ .
.,.). .IT IS At.... AI'AIl dW PM~'T '80/ 77tE. ,'.~i:iur~' tf;"'tJ~~<<.JA~~t!Jt./~e"'&1te4
a) .....t.siNSdUNlY h/l.71E ....<;.~~~ d /"tjli &c.4AhiAN0..1 LJ!I~T nloL A~AI4I1hl-N~G
. . ..../........ ./ ......... . . ..' ....... ..... ~
2. The l.ise:~dvalue of the area adjacent to the property includec:iiilltl1e variance will not be afl'ectedina
'subsbintia,lly.adverse manner because: .,.
7t1:Lfl"JtL,'! lJ.J~TI."'''cS.... cAIf-,.., ~-/F.t~~.s l,J -rtt!-......~"'-fW06O
.s.1JA'cJ~S/A.J .sLo. ,~'.A$~Ttt4T,~~'t Atd',4n\B~... (,tC:~.I~~)
, . - ".
. .' ." - .',.' '
. .' - - , . - , .
.... .' . ..... ".,,: ,"
3. Thestri~a,pplicatlon ofJhe terms of the Zoning Ordinance to the property wilt reSult in praCtical difficulties in the
useoftl1epfoPerty because: . .
l..AIl~~~I"l AI- Itfi!.~-r jJ,u N.-r fJIlAc.L~'rA1j"tUlc.l.
. t.J.L.. ,'1
tJ",.a...,.$.~ #I '. '-.l/J."N~'&"'tUJ(J I'tuv..
~L. E"I.&CT S"M~.A<,;. TO OU4.S
DECISION l.. '. .... . . .
. '" ,.,.-,
ITISTI'iEREFORE fhe decision of the Cannel/Clay Board of Zoning AP~ th~ DeVeloplTI~tStandardsVariilrl~
DocketNo. . . is granted. subjecttoarlYcOn~itions stated in the minutes of this'...
Board, which are incorporated herein by r't:tference and made a part hereof:.' . .' .
Adopted this
day of
,20
CHAlRPERS()N~C~nnellClay Board of Zoning Appeals
.SECRETARY.C~rmeuClay Board of Zonil'lgAPpeclIs
Conditions of the Board are listed on the back. (Petitioner. or his representative to sign).
~ 8 of8...;.t:\sIlaJ..cMM.n$\BZA~1S\ DeveIapment&landanls VadlInl:eAppllc:alilln . rev.~105
I.
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City of Carmel
DEPARTMENT OF COMMUNITY SERVICES
Division of Building and Code Enforcement
VIA FIRST CLASS MAIL
December 14, 2005
Gregory M. & Gretchen C. Policka
11125 Westminster Way
Carmel, IN 46033
RE: ZONING ORDINANCE VIOLATION
Dear Mr. & Mrs. Policka:
This letter is being provided to inform you that our department has recently received some
concerns regarding 11125 Westminster Way in the City of Carmel, a property listed
under your ownership. The concern cited that the property's fence at the front of the
property along Westminster Way exceeded the permitted fence height as per the
Carmel/Clay Zoning Ordinance ~25.02.01. The following regulations apply to all fences in
residential zoning districts:
25.02 Fences.
25.02.01 On residentially used or zoned lots of less than two acres, fences
located within any required front yard shall not exceed forty-two (42)
inches in height, as measured from the topmost point thereof to the
ground adjacent to the fence.
As your property is located on a corner it has 2 front yards as defined by the Carmel/Clay
Zoning Ordinance. Both portions of your yard that touches a street is considered a front
yard and subject to the restriction of a 42 inch tall fence height. In order to gain
compliance with the ordinance you have 3 options available to you. They are as follows:
1) reduce height of fence to 42 inches
2) relocate fence no closer to street than front edge of garage
3) file for a Variance of the Development Standards to allow the fence to remain
If you choose to apply for a Variance, you will need to contact the Planning And Zoning
Office at (317) 571-2417. Please either modify the fence or apply for a Variance by
December 31,2005.
ONE CMC SQUARE
CARMEL, INDIANA 46032
317/571-2417
t
If you have any questions or comments regarding this matter, please feel free to contact
me at (317) 571-2423. Thank you for your cooperation.
Respectfully,
I~
Kevin Brennan
Code Enforcement Officer
Department of Community Services
Cc: File: CE05100019
Enclosure
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
NOTICE OF ZONING ORDINANCE VIOLATION
DATE AND TIME OF ISSUANCE: WEDNESDAY, DECEMBER 14, 2005 AT 8: 10 AM
CITY OF CARMEL/CLAY TOWNSIUP
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
(317) 571-2444
LOCATION OF VIOLATION:
OWNER OR TENANT:
MAILING ADDRESS:
NATURE OF VIOLATION:
ORDINANCE SECTION VIOLATED:
DATE/TIME OF VIOLATION:
ABATEMENT PERIOD:
FINE FOR UNABATED VIOLATION:
COMMENTS:
RECORD # CE05100019
11125 Westminster Way
Gregory M. & Gretchen C. Policka
11125 Westminster Way
Carmel, IN 46033
Fence in front yard exceeds permitted height of
42 inches.
Carmel! Clay Zoning Ordinance,
Section 25.02.01
On or before October 17, 2005
The above violation must be fully corrected and
come into compliance with the Ordinance
Sections set forth above within thirty (30)
calendar days from the date of this notice.
Up to $100.00 - First Violation*
Up to $200.00 - Second Violation*
Up to $300.00 - Third Violation*
Up to $400.00 - Fourth Violation*
Up to $500.00 - Subsequent Violations*
*Each day a violation remains uncorrected
constitutes a separate violation that is subject
to a separate fme.
Please bring the fence into compliance or
apply for a Variance by December 31,
2005.
DO NOT DISREGARD THIS NOTICE!!
Please contact the inspector listed below at (317) 571-2423 for questions or comments.
INSPECTOR:
/~t?
Kevin Brennan, Code Enforcement O.ffker
CERTIFIED NOTICE - RETURN RECEIPf REQUESTED
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