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Home My WebLink AboutPacket . '~. KRIEG. DEVAULT lU ATTORNEYS AT LAW March 17, 2006 Elizabeth G. Russell Direct Dial: (317) 238-6236 E-mail: erussell@kdlegal.com Statement of Variance and Support of Variance Carmel Board of Zoning Appeals City of Carmel Re: Docket Number 06010012V Dear Sir/Madam: The majority of the homes in the Section II development of Eden Estates have attached three car garages. Unfortunately, in 1975 when our home was built, the builder only built a two car attached garage. Weare very short on space and would like to enlarge our overall garage area. At least four other homeowners on East Carmel Drive between Eden Estates Drive and 126th Sti-eet have added on additional garage space to their existing homes. We do not think that this addition will affect the drainage as there will be no earth movement commensurate with the building of this garage. Our contractor, Mark Egger, plans to raise the garage foundation by building cement block and backfilling the foundation with gravel and/or sand before pouring the cement garage floor. The house is currently built on the western quarter of the lot and at the highest elevation of the lot. The elevation to the east of the house slopes downward enough to have a walk-out basement on the east side ofthe house. It then slopes back upward before adjoining our neighbors to the east. Therefore drainage from the west is already down our backyard towards the east. It should remain that way after the addition is ONE INDIANA SQUARE, SUITE 2800 . INDIANAPOLIS, INDIANA 46204-2079 ............- iii MERITAS LAW FIRMS WORLDWIDE PHONE 317.636.4341 FAX 317.636.1507 E-MAIL krieg@kdlegal.com WEB SITE www.kriegdevault.com KRIEG DEVAULT ALEXANDER & CAPEHART. LLP INDIANAPOLIS' CARMEL' FORT WAYNE' HAMMOND .... .., KRIEG. DEVAULT UP Carmel Board of Zoning Appeals March 17, 2006 Page 2 built. Of course, the cement block will all be covered by brick. The roofing will have the normal gutters and downspouts to allow the run-off to be channeled into our backyard as is currently the case with the roofline of our house. Since it is only the northwest comers of the addition that will be within five feet of our western property line, the ingress and egress to the building site will be through our driveway. No trucks or machinery will need to enter onto the Stevenson's property for construction purposes. Although our builder (who will be doing the majority of the work) and his subcontractors will be close to the Stevenson's property line when working on the northwest comer of the addition, we are willing to provide Stevenson's written indemnification indemnifying them from any liability should a construction worker be injured on their property. We will also indemnify them for any property damage they sustain as the result of our construction (although at this time it is difficult to imagine what that would be since the comer of the garage is next to Stevenson's unlandscaped wooded backyard, not to their house or driveway). We believe this addition will only increase the value of our home and make it more competitive for resale purposes, especially since we are one of the few homes in Section II of Eden Estates that now has a two car garage. We also think that any increase in the value of our home would only serve to increase the value of the Stevenson's home, and the other homes near us when doing real estate value comparisons. Weare attaching a site drawing and frontal drawing of the anticipated structure for your review. We will be happy to answer any further questions you may have the night of the hearing. Respectfully yours, 74oh4<i, 11. ~ Elizabeth G. Russell KD_IM-679799JDOC Attachment fio (.. i CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 06010012V Petitioner: c. Joseph and Elizabeth G. Russell FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF ,20 Board Member Page 7 of 8 - z:\sharedVormslSZA applications\ Development Standards Variance Application rev. 01/0312006 CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 06010012V Petitioner: C. Joseph and Elizabeth G. Russell FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE 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 Zoning 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/Clay 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/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 - z:\sharedVorms\BZA applications' Developmant Standards Variance Application rev. 0110312006 ~- " - ....g - I ~ , I ",,- l " " \t) ~ .Q V !~ r%~ \~ \tS l!\ \"l :I. ----t --... ~ --~- '"\:. \ J \. ~ ~ '''''~~- ~ <r , ce ~ 71r '. ~ ; \ \ ~ .1 ~ I \--' '" ... x .~ - ....0---, rq!~ ~ ~ o!~ . 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Z 151.1 ir ... 150.0 a.. iii 009 Vl 005 008 002 ~ 044 0 0 051 (21) w C! 0 i Ii! C! 2 i (364) R so l (40) ::> (340) - 0 Vl (372) .. (20) .. _I 012 153.1 fallcreek_nw_p.dgn 11/22/20058:53:37 AM !' ).1 North Lire of Lot 59 per plot IPS ....,. )'37'07" W (c) i3.1O' (C) IPF ~eCorner is JEast and 5o:.Jth of Pin -- -- -- I -L __ LOT 59 -- ,~ rv - ------- i , Chain-Link Fence ------- --::o-z.. ~~ -s.~ -./ - o -....l ~ <{'- (:j t- f)' "/ <t~ ~ / X~ LOT 58 wenson, John & Jonell !nstr. No. 93-24556 Concrete Block Retaining Wall IPS ----- --- , -- _ i34.76 AJe - /. CURVE DA TAPER PLA T / (ENTIRE CURVE) Delta = 115"5534" / Rad = 270.00' / Arc = 546.28' - / -----------~