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Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, February 21,20064:31 PM
To: Tingley, Connie S
Subject: UPDATED: Docket No. Assignment: (A) Appeal - Little Farms, Lot 16pt (#05120005 A)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (A)
Appeal - Little Farms, Lot 16pt. It will be the following:
Docket No. 05120005 A $128.75
Total Fee: $128.75
Appeal - Little Farms, Lot 16pt
The applicant is seeking an appeal to the Board's denial, to be able to have 2 lots less than 8,000 sq ft
each.
Docket No. 05120005 A ZO Chapter 9.04.02.D minimum lot size
The site is located at 10506 Combs Ave and is zoned R-3/Residence within the Home Place Overlay.
Filed by Shahpor Shahbahrami.
-
Petitioner, please note the following:
1. This Item will not appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, March 2.
Published notice is required within the Indianapolis Star. Note: the Regular BZA meeting will begin
at 6 pm in the Council Chambers.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday,
March 24, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary
Connie Tingley no later than NOON, Friday, March 17,2006. Failure to submit Informational Packets
by this time will result in the automatic tabling of the petition to the April 24, 2006 agenda of the BZA.
5. This Item will appear on the March 27, 2006 agenda of the Board of Zoning Appeals under
Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the
night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number,
petitioner, and date (Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Shahbahrami can be contacted at 255-3477 (home). If necessary, his office number is 232-5235.
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is
suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing
deadline (317-444-7163 or email: publicnotices@indystar.com).
2.) Please show/label the road right of way. The Engineering Dept. (571-2441) can tell you the distance
from the center of the road.
3.) Provide a site plan of the property showing how the lot will be divided and showing proposed
building/condominium footprints on the sites. Also, Provide building setback lines on the proposed lot
split site plan.
4.) Note: In the future, additional variances will be needed for setbacks.
5.) Provide a building elevation or a photo example of what you are proposing to build.
6.) Provide photos of the existing homes adjacent to your lot.
7.) Provide a copy of the official adjacent property list from the Hamilton County Auditor.
~\ 2/21/2006
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Page 2 of2
8.) Please show/label the 30-ft front yard setback (as measured form the road right of way), the 5-ft side
yard setbacks (with a 15-ft aggregate), and the 20-ft rear yard setback.
9.) Please note that each lot will be allowed 35% lot coverage (this includes paved areas and the
buildings). What % do you propose for each lot?
10.) Provide a filled out and notarized Affidavit and Petitioner's Public Notice Affidavit (pages 4 & 6 of
the application).
11.) Provide a filled out Findings of Fact sheet (pg 8 of the application).
Thank you,
Angie
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(~\ CITY OF CARMEL. CLAY TOWNSK:.)
W . HAMILTON COUNTY,INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
APPEAL REQUEST
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DOCKET NO, _
Applicant: shQ.\...~oR '5 \-\~'r\~~\-\~A.~,,'
Address: i 5 ~ 5 '" ' CoM. ~~ ~\A..L '
Project Name: Ll4\-l e fatWl S
Engineer/Architect: <0\-lA \-\~DR <6hQl~b C4~Y'Q,t." "
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Fee: $128.75
DATE RECEIVED:
1)
'-\ La '2-40
Phone:
25!J,3~77
Phone:
II
Attorney:
Phone:
",fA
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.llnstrument No.
1-005- 2 gg7B
Purchasedate: 5 /11 /0 5
Page:
6) Common address of the property involved:
Legal description: L. .1tJe- ~Aft"V)
Tax Map Parcel No.:
t-,J-/oS-E -1'2-
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).
70 ViI 'Vl-~ 0 rcb'V\ ~ c.c. I C ~ ay;>1-ev Cf .0 LJ .02. D.
Lot Is (CVl I~ 8(0010 sq-cJ0f4. ~~i-'
8) State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Findings of
Fact-Appeal").
~y lot IS -:Jl1s+ sbto.[ 1h. oyc1'~Q..o...~ Re~/Q.-f1'c>l1 bi APr(. \.Gs.f.l
4\oI^j Tt:t I.,),.J~ s,r~ o~11:t. ProI'e-1-y,.,ff '4:'t Ii r)eyt cb~ To br..~<~
~ lots -o-f 11(~~ ~l'ty ~IU.CI"~' .
BZA Appeal Application - pg 1
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9)
10)
11 )
j2)
Present zoning of the property (give exact classification):
Present use of the prop~ R€')\. ~1r ~
Size of lot/parcel in question 110 I.. X 92' (0 -'1 (1.c-)
(Z~,'~-n'J
o
acres
Describe the proposed use of the property
Renter occupied
NO
f'-1t!J
13)
Is the property:
Owner 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, decision rendered and pertinent explanation.
t--Jo
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
tv I (.>.
rJlp-
Builder:
16) If proposed appeal is granted, when will the work commence? As ~D 0 n AS r 0 S s ,'h I z
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application
has been filed?
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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 assioned until all supportino 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
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ADJACENT PROPERTY OWNERS LIST
I. . Auditor of Hamilton County, Indiana, certify that the attached
affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No.
OWNER
ADDRESS
EXAMPLE ONLY:
Formal list request sheet & official list may
be acquired form the Hamilton County
Auditor's Office (776-8401).
Auditor of Hamilton County, Indiana
Date
BZA Appeal Application - pg 3
AFFIDAVIT
I, being duly sworn depose and say that the foregoing signatures, statements and answers herein contained and
the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the
undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and
testimony.
Signed:
s-
(Property Owner, Attorney, or Power of Attomey)
Shahpor Shahbahrami
(Please Print)
STATE OF INDIANA
SS:
County of ~(1yv\\ \~ I I-~
(County in which notarization take place)
for ~\ \tD Y\. IN
(Notary Public's county of residence)
5ha.V\~~y Sv!..\, Io~
(Property 0 ner, Attorney, or Power of Attorney)
instrument this IJ \ ~
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing
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Notary Public-Please Print
My commission expires: 5 --2-4~ ~ \ "d-
BZAAppeal Application. pg 4 rev. 01/03/2006
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLA Y BOARD OF ZONING APPEALS
Docket No. 05120005 A
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 27th
day of
March
,2006
at 6:00 pm in the City Council Chamber, 2nd floor of City Hall,
One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon an Appeal of a decision rendered by the
Director of the Department of Community Services to
property being known as Little Farm
The application is identified as Docket No. 05120005 A
The real estate affected by said application is described as follows:
(Insert Legal Description)
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.
Shahpor Shahbahrami
PETITIONERS
BZAAppeal Application - pg 5 rev. 01/03/2006
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEUCLA Y BOARD OF ZONING APPEALS
I(VVE) Shahpor Shahbahrami
DO HEREBY CERTIFY THAT A LEGAL
(Petitioner's Name)
NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING
DOCKET NUMBER 0512005 A
, WAS GIVEN AT LEAST TVVENTY -FIVE (25) DAYS PRIOR
TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED OF ADJOINING AND ABUTTING PROPERTY
OWNERS:
OWNER
ADDRESS
STATE OF INDIANA
SS:
The undersigned, swear that the above information is in all respects is true and correct to the best of my knowledge
and belief.
s.~~-
Signature of Petitioner
County of Ho....YY\\ \{eV) J ::t~ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for tAo..m \ \ -\-bY)) 'I.N County, State of Indiana, personally appeared
(Notary Public's county of residence)
~(""' ~~~l and acknowledge the execution of the foregoing instrument this
(Property wner, Attorney, or Power of Attorney)
&1 * day of Q~c.k-
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My commission expires: '5 - - ~ \'d-
BZA Appeal Application - pg 6 rev. 01/03/2006
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DRMEUCLAY BOARD OF ZONING APQs
Carmel, Indiana
Docket No. :
Petitioner:
FINDINGS OF FACT. APPEAL (Ballot Sheet)
1.
2.
'"
3.
4.
5.
6.
DATED THIS
DAY OF
,20 .
Board Member
BZA Appeal Application - pg 7
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QARMEUCLAY BOARD OF ZONiNG APpQs
CARMEL, INDIANA
I
Docket No.:
Petitioner:
FINDINGS OF FACT -APPEAL
1. The Petitioner has (has not) properly followed the Appeals Procedures outlined in Ordinance Z-160, Section 30.2,
et seq. except as follows:
2. Nature of action appealed from:
Agency:
Date of Agency Decision:
3. Attached copy of Ordinance or materials which is subject of Appeal as Petitioner because:
4. The written materials submitted to the Board does support the Petitioner because:
5. The Agency, Official, Board or Zoning District boundary should be affirmed.
6. The work on the premises upon which appeal has been filed shall not be stayed because:
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Appeal 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
,200
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
S:\carmellanduseregs\checklist\appealapp rev 01/04/05
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign).
BZA Appeal Application - pg 8
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cr-'y OF CARMEL AND CLAY TOWNCl
V BOARD OF ZONING APPEALS
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APPLICATION FOR AN APPEAL OF A DECISION OF THE DIRECTOR -- INSTRUCTION SHEET
1. Allow plenty of time for the Department of Community Services (DOCS) staff review and Board of Zoning Appeals (BZA)
approval Process (approximately 45-60 days). Discuss proposed Appeal with the DOCS staff (please call for an appointment;
571-2417, Third Floor, Carmel City Hall, 1 Civic Square, Carmel).
2. INFORMATION NEEDED for fonnal DOCS staff and BZA review :
a. Need the original and one copy of the completed variance application (available from the Office of DOCS),
with legal description(s) attached. .
b. Need two (2) copies of location map showing location of site in question, zoning, and existing land use of all
adjacent properties.
c. Need two (2) copies of all plans drawn to scale with all dimensions and depicting all existing and proposed
structures, elevations, landscaping, drainage, lighting, signage, and any other supporting documentation to
fully lmderstand the proposal.
d. Need two (2) copies (one with each application form) of adjacent property owners certified by the Hamilton
County Auditors Office.
3. The above referenced information must be submitted to the DOCS at least forty-five (45) days prior to hearing date. Within ten
(10) days, the application will be reviewed by staff and a letter outlining the deficiencies will be mailed to the petitioner or a
docket number will be assigned (a docket number will not be assigned until all deficiencies are addressed).
4. After :1ina1 review the petitioner will need to pay the required 1i1ling fee at which time the docket number will be released.
5. At this time, the Notice of Public Hearing must be mailed to all adjacent property owners and published in the Noblesville
Ledger a MANDATORY twenty-five (25) days prior to the public hearing date.
6. At least ten (10) days prior to the hearing, the petitioner must submit their proof of publications, proof of adjacent property
owners notice, a completed Petitioner's Affidavit of Notice of Public Hearing, and the Board member's packets to the DOCS (a
minimum of seven packets are needed).
The following is the order and list of items that should be included in the each Board Member's packet:
l.,.Finding of Facts (ballot sheet)
2-Finding ofFsets (question sheet)
3-Statement of Appeal
4-Statement of Support
5-Location Map
6-Reductions of all plans (site, drainage, landscaping, signage, lighting, etc...)
and elevations
7. The property owner, property owner's Attorney, or someone with the property owner's Power of Attorney must be present at
the Carmel/Clay Board of Zoning Appeals Public Hearing.
8. A presentation must be given at the public hearing. This should include some ~e of display or exhibit, an overhead transparency
projector and laser pointer will be available the night of the hearing.
9. Generally, appeal applications are acted upon by the Board in one meeting. However, the Board at its' discretion at any time
may table an item.
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10. The Board of Zoning Appeals meets the fourth Monday of each month at ':00 p.m. in the City Council Chambers, 2nd floor of
City Hall, 1 Civic Square, Carmel, Indiana.
s:\bza\applic\appealO l.ins
Revised 07/14/97
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EACH TOWN HOUSE IS 920FT
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