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DOCKET NO.
05120005 A
DATE RECEIVED:
_ f
..
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
APPEAL REQUEST
Fee: $133.50
1)
Applicant:
sHAHPOR sHAHBAHRAMI
Address: 8565 N. Central Avenue
2)
Project Name: Little Farms
Phone: (317) 255-3477
Engineer/Architect: sHAHPOR sHAHBAHRAMI
Phone: (317) 255-3477
Attorney:
Phone:
3) Applicant's Status: (Check the appropriate response)
Yes
(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.llnstrument No.
2005-28878
Page:
Purchase date: 5/11/05
6) Common address of the property involved:
Legal description: Little Farms
Tax Map Parcel No.: N-105-E-12
7) State explanation of requested Appeal: (State what you want to do and cite the section number(s) of the
Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal).
ZOning Ordinance, Chapter 9.04.02.D
Lot is less than 8,000 square feet.
8) State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Findings of
Fact-Appeal").
This lot is iust short of the Ordianance Requlation by APR. 1.95 ft alonq the width side
of the property. This lot is very close to broken in to 2-lots, because of the High Density
Neighborhood.
BZA Appeal Application - pg 1 rev. 01/03/2006
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9) Present zoning ofthe property (give exact classification): R- 3 /9
10) Present use of the property: Residential
11)
Size of lot/parcel in question (170'x 92') (0.4 AC)
acres
12) Describe the proposed use of the property Residential
13)
Is the property:
Owner occupied
Renter occupied
Other
No
No
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, decision rendered and pertinent explanation.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
N/A
Builder:
N/A
16) If proposed appeal is granted, when will the work commence? As soon as possible
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application
has been filed?
The owner
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the
public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night
of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all supportina information has been
submitted to the Department of Community Services.
The applicant certifies by signing this application that he/she has been advised that all representations of the
Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and
zoning ordinance and/or the legal advice of his/her attorney.
BZA Appeal Application - pg 2 rev. 01/03/2006
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
o 51?. D005
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Petitioner:
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS
DAY OF
,20
Board Member
Page 7 of 8 - z:\shared\fonnsIBZA appllcationsl Davelopmant Standards Variance Application rav. 03101105
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
85120005 A
Petitioner:
Shahpor Shahbahrami
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:
The new proposed building will consist of one(l) 2-story 2-unit
brick townhouse. Additionally, there would be no burden on traffic
and/or drainage issues.
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:
Construction of townhouse cOincides with existing lot sizes and
homes within the neighborhood. Few lots within the neighborhood
fail to meet required R-3/R standards, new lot would not look out of
place and increase the neighborhood property value.
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:
The proposed lot size is 7,820 S.F. - ordinance for 8000 S.F. for a
minimum lot. Thus project would fall short by approx. 1.95 ft along
the width side of the property.
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:lsharedVorms\BZA applications\ Development Standards Variance Application rev. 03101/05
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PROPOSED TOWN HOUSE
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