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HomeMy WebLinkAboutCorrespondence John V. Schneider, P.E., L.S., Gary R. Kent, L.S. President Stephen M. Cooper, L.S. Edward D. Giacoletti, L.S. Brad DeReamer, L.S., Bruce A. Nicholson, P.E. Vice-President James M. Mulryan, L.S. Richard G. Rayback, L.S. Vincent J. Schneider, P.E., L.S. Alan B. Cleveland, L.S. Retired Consultant SCHNEIDER ENGINEERING CORPORATION Robert G. Homer, P.E. Civil Engineers-Land Surveyors-Land Planners January 19, 1989 Mr. Rick Brandau, Deputy Director Department of Community Development 40 East Main Street Carmel, IN 46032 RE: Lots 110 and 111 in Kingswood Section 3 Dear Rick: Please be advised that the houses being 10' over the front building line on referenced lots does not adversely affect the drainage of said lots or the subdivision. Sincerely, SCHNEIDER ENGINEERING CORP. //' Jack N. Southerland Director of Engineering JNS/emo 3020 North Post Road, Indianapolis, Indiana 46226-6518 Telephone(317)898-8282 '.O. Box 26068, Indianapolis, Indiana 46226-0068 Telecopier (317)899-8010 arbb BUILDERS,INC. * • 116 E. Carmel Drive • P.O. Box 303 • Carmel, IN 46032 844-7404 Dimensional&Conceptual January 16, 1 989 Homebuilders Richard R.Brandau Dept. of Community Dvelopment 40 East Main Street Carmenl, Indiana 46032 Dear Mr.Brandau: In connection with the construction of a single-family residence on lot 110 in section 3, Kingswood, please be advise that the undersigned will hold the City of Carmel Department of Community Development harmless from any and all liability and damages sustained or incurred arising out of continuation of construction from and after the date of December 1 , 1988. If you should have any questions, please call. Very tru s, Mb-4 )3 Robert Betbadal RB:JW PLEASE RETURN T0: Mr. Charles Kiphart Planning & Zoning Administrator City of Carmel 40 Fast Main Street Carmel, IN 46032 PETITIONER TO FILL OUT & SEND COPIES TO TAC MEMBERS: Petitioners Name: Arista Builders, Inc. Project Name: Lot 110, Section 3, Kingswood Property Use: Residence Type of Review: Site Plan Date: December 9, 1938 Dear Mr. Kiphart: I have received and reviewed a location map and site/development plan and other needed supporting information for the above stated project, and make the following convents: 1. This department has no problems with t• - attached plans , as presented. 2. ow 3. Gary C. 13,da ey 4. Chief of • ice -4414 5. 6. 7. 8. 9. 10. I understand that the petitioner wishes to be included on the agenda for the Plan Comission/Board of Zoning Appeals meeting for the January 23, 1989 meeting. I have no problem with the Carmel Department of Community Development issuing a docket number and placing this project on the appropriate Commission/Board agenda for formal. review. Sincerely, James J. Nelson Attorney for Arista Builders, Inc. PLEASE RETURN T0: Mr. Charles Kiphart Planning & Zoning Administrator City of Carmel 40 Fast Main Street Carmel, IN 46032 PETITIONER TO FILL OUT & SEND COPIES TO TAC MEMBERS: Petitioners Name: Arista Builders, Inc. Project Name: Lot 110, Section 3, Kingswood Property Use: Residence Type of Review: Site Plan Date: December 9, 1988 Dear Mr. Kiphart: I have received and reviewed a location map and site/development plan and other needed supporting information for the above stated project, and make the following comments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. I understand that the petitioner wishes to be included on the agenda for the Plan Comission/Board of Zoning Appeals meeting for the January 23, 1989 meeting. I have no problem with the Carmel Department of Community Development issuing a docket number and placing this project on the appropriate Commission/Board agenda for formal review. Sincerely, James J. Nelson Attorney for Arista Builders, Inc. Mr. Rick Brandau December 9, 1988 Page 2 I have in my possession a check in the amount of $100. 00 and I will forward it to you when your review is complete. If you should have any questions, please feel free to contact me. Ve ly yours, a es J. Nelson JJN:kce cc: Robert Betbadal Maris Bluestein NELSON FRANKENBERGER A PROFESSIONAL CORPORATION NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SuIrE 220 JEFFREY B. HIGGINS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL January 5, 1989 Mr. Robert Betbadal ARISTA BUILDERS, INC. 116 East Carmel Drive Carmel, IN 46032 Dear Bob: I have had ongoing discussions with the Department of Community Development and they are requesting that you provide them with an agreement to hold them harmless. I would suggest that you send two letters to the Department of Community Development, to the attention of Rick Brandau, covering both Lot 110 and Lot 111 in Kingswood. The letter should contain the following : "Dear Mr. Brandau: In connection with the construction of a single-family residence on Lot in Section 3, Kingswood, please be advised that the undersigned will hold the City of Carmel, Indiana and the Department of Community Development harmless from any and all liability and damages sustained or incurred arising out of continuation of construction from and after the date of December 1 , 1988. " If you should have any questions, please call. Ve yours, J es J Nelson JJN:kce NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JEFFREY B. HIGGINS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL January 4 , 1988 Mr. Rick Brandau Department of Community Development 40 East Main Street Carmel, IN 46032 RE: Arista Builders , Inc. Docket No. V-2-89 Dear Rick: With respect to the application for developmental standards variance filed by Arista Builders , Inc. which is scheduled for hearing on January 23, 1989 , please find enclosed two copies of the Proof of Publication of the Noblesville Ledger and two copies of the Proof of Publication of the Carmel News Tribune. Also please find enclosed Petitioner ' s Affidavit of Notice of Public Hearing, the original Auditor ' s certification and certified mail receipts. tr yours , Ja s J. Nelson JJN:kce Enclosures NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JEFFREY B. HIGGINS INDIANAPOLIS, INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL December 21 , 1988 00 rn Mr. Rick Brandau Department of Community Development LU 40 East Main Street Carmel, IN 46032 CD Dear Rick: L L In connection with the variance applications of Arista Builders , • t„ Inc. , relative to Lots 110 and 111 in Section 3 of Kingswood, please find enclosed your letter to Robert Betbadal, dated December 15 , 1988 . For your convenience in addressing our responses , these items have been numbered 1 through 10. 1 . The applications have been corrected to reflect Section 6.4. 2 . 2 . The certified list of adjacent property owners was mailed to you under separate cover. 3 . I will be providing the Board members with the two Findings of Fact forms and other information supporting the request. 4. Mr. Betbadal will be providing me with a subdivision plat and I will forward it to you upon my receipt. moose, 5 . I appreciate your suggestion and have requested that pictures of the houses be taken. 6 . Other than the conventional landscaping , no other landscaping will be proposed . 7. Mr. Betbadal is obtaining , from Schneider Engineering , a statement that the requested variances will not affect the drainage . 8. All plans were mailed by me to the TAC members with the accompanying response form. 9 . We will be appearing at the TAC meeting on January 19 , 1988 with the time to be announced . 10. I have forwarded to you, under separate cover, two checks, each in the amount of $100 .00 , representing the filing fees . Mr. Rick Brandau December 21 , 1988 Page 2 If, after your review, should you have any questions, please contact me . Thank you for your consideration and valuable suggestions . Very t ly yours , James . Nelson JJN:kce NELSON FRANKENBERGER A PROFESSIONAL CORPORATION C4it c Wesley G. Bucher Uiui ri n • DM.or(X)MMUNrIY own mama Dorothy J. I I:►ncock MAYOR December 15, 1988 Robert Bet:bada 1 Arista Builders, Inc. 116 E. Carmel Drive Carmel, 1N 46032 RE: Developmental Standards Applications for Lots 110 and 111 of Kingswood, Section 3 Dear Mr. Bethndal: After reviewing the above referenced applications, I have the following comments: o Exhibit "B" identifies Section 6.4.7 as the section of the Carmel/Clay Zoning Ordinance being varied. This apparently is a typo and should identify Section 6.4.2 (This needs correction on both applications). o Need certified list of adjacent property owners for both applications. o Need to know if you or your attorney will be providing the copies needed for the Board members (statement of request, statement of practical difficulties, site plans, landscape plans, location maps, subdivision plat, and both findings of facts sheets) from both applications. o I would like a copy of the subdivision plat (or at least this section) identifying the footprints of the existing and if pos- sible proposed foundations. o I would recommend to have as part of your presentation to the Board pictures of the houses in question in relationship to ex- isting homes built at the proper setback. o Do you propose any landscaping? If so, a landscape plan is needed. o In conjunction with previous Kingswood variances, the City En- gineer has requested a statement from a Certified Engineer that the encroachments will not affect the drainage plan in any manner. 40 EAST MAIN STREET CARM1:1.,INI)IANA 46032 317/844-6433 /lr Page 2 Betbadal 12/15/88 u flan needs to be submitted to the appropriate Technical Advisory C6mm i I.too members (Mr. Nelson may already have made (.I►eso submittals). u This item will be scheduled for the January 19, 1989 TAC meeting. u Filing lee of $100.00 each needs to be paid once new submittals have been reviewed. If you have any questions, please feel free to call at 844-6433. Sincerely, /4<;.Grfvlef Richard R. Brandau Assistant Director RRB/ck cc: Jim Nelson File fry ®f Carm\ Wesley G. Bucher maroon • I)ITr.or(Y)MMUNII Y I)IfVIJ OPMINf Dorothy J. Hancock MAYOR December 15, 1988 Robert Betbadal Arista Builders, Inc. 116 E. Carmel Drive Carmel, IN 46032 RE: Developmental Standards Applications for Lots 110 and 111 of Kingswood, Section 3 Dear Mr. Betbadal: After reviewing the above referenced applications, I have the following comments: 1. o Exhibit "B" identifies Section 6.4.7 as the section of the Carmel/Clay Zoning Ordinance being varied. This apparently is a typo and should identify Section 6.4.2 (This needs correction on both applications). 2. o Need certified list of adjacent property owners for both applications. 3. o Need to know if you or your attorney will be providing the copies needed for the Board members (statement of request, statement of practical difficulties, site plans, landscape plans, location maps, subdivision plat, and both findings of facts sheets) from both applications. 4. o .1 would like a copy of the subdivision plat (or at least this section) identifying the footprints of the existing and if pos- sible proposed round/atolls. 5. o I would recommend to have as part of your presentation to the Board pictures of the houses in question in relationship to ex- isting homes built at the proper setback. 6. o Do you propose any landscaping? If so, a landscape plan is needed. 7. o In conjunction with previous Kingswood variances, the City En- gineer has requested a statement from a Certified Engineer that the encroachments will not affect the drainage plan in any manner. 40 EAST MAIN STREET CARMEL,INDIANA 46032 317/844-6433 • Page 2 Betbadal 12/15/88 8. o Plan needs to be submitted to the appropriate Technical Advisory Ccmmittee members (Mr. Nelson may already have made these submittals). 9. o This item will be scheduled for the January 19, 1989 TAC meeting. 10. o Filing fee of $100.00 each needs to be paid once new submittals have been reviewed. If you have any questions, please feel free to call at 844-6433. Sincerely, //K127.::// Richard R. Brandau Assistant Director RRB/ck cc: Jim Nelson File The Applicant, Arista Builders , Inc. , is the contractor for the construction of a single-family, residential dwelling on Lot 111 in Section 3 , Kingswood, a subdivision in Hamilton County, Indiana, pursuant to the plat thereof as recorded in Plat Book 16 , pages 1-4 in the Office of the Recorder of Hamilton County, Indiana ( "Real Estate" ) . The Real Estate is commonly known as 5038 St. Charles Place, Carmel, Indiana and is zoned S-2 Residence District under the Zoning Ordinance of the City of Carmel, Indiana. Section 6 . 4 . 2 of the Zoning Ordinance of the City of Carmel provides that the minimum front yard in the S-2 Residence District shall be 35 feet. The Applicant erroneously placed the single-family dwelling 25 feet from the front lot line contrary to the requirements of 6 . 4 . 2 . The Applicant is of the opinion that misplacement of the single-family dwelling was not intentional and arose as a result of excusable neglect in that he measured the front building line to be from the edge of pavement of St. Charles Place rather than from the front lot line. WHEREFORE, Applicant requests a developmental standards variance from the provisions of Section 6 . 4 .2 of the Zoning Ordinance of the City of Carmel, Indiana to permit the location of the single-family residential dwelling on Lot 111 25 feet from the front lot line of Lot 111 . Respectfully submitted, James J. Nelson The Applicant, Arista Builders , Inc. , is the contractor for the construction of a single-family, residential dwelling on Lot 110 in Section 3, Kingswood, a subdivision in Hamilton County, Indiana, pursuant to the plat thereof as recorded in Plat Book 16 , pages 1-4 in the Office of the Recorder of Hamilton County, Indiana ( "Real Estate" ) . The Real Estate is commonly known as 5028 St. Charles Place, Carmel, Indiana and is zoned S-2 Residence District under the Zoning Ordinance of the City of Carmel, Indiana. Section 6 .4 . 2 of the Zoning Ordinance of the City of Carmel provides that the minimum front yard in the S-2 Residence District shall be 35 feet. The Applicant erroneously placed the single-family dwelling 25 feet from the front lot line contrary to the requirements of Section 6 .4 .2 . The Applicant states that misplacement of the single-family dwelling was not intentional and arose as a result of excusable neglect in that he measured the front building line from the edge of pavement of St. Charles Place rather than from the front lot line. WHEREFORE, Applicant requests a developmental standards variance from the provisions of Section 6 .4 . 2 of the Zoning Ordinance of the City of Carmel, Indiana to permit the location of the single-family residential dwelling on Lot 110 25 feet from the front lot line of Lot 110. Respectfully submitted , James J. Nelson NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JEFFREY B. HIGGINS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL December 9, 1988 Mr. Rick Brandau Department of Community Development 40 East Main Street CI La Carmel, IN 46032 U Dear Rick: L Please be advised that I represent Arista Builders , Inc. and in such capacity present for filing with the Office of the Director of Community Development an original and one copy of an Application for Developmental Standards Variance, relative to Lot 110, Section 3, Kingswood, from the provisions of Section 6 .4 .2 of the Zoning Ordinance of the City of Carmel, Indiana. The Application contains the following exhibits: Exhibit A - legal description Exhibit B - Explanation of Requested Appeal Exhibit C - Finding of Fact Exhibit E - Building permit In support of such application, please find enclosed two 24 ' x 36' site plans of Lot 110. I am in the process of obtaining the adjoining and abutting property owners and will forward to you the certified list upon receipt. Please find enclosed for your review an Amendment to the Declaration of Covenants, Conditions and Restrictions of Kingswood - Section I - IV which is being submitted to Kingswood, Inc. for execution. Also please be advised that I have mailed copies of the site plans to each of the TAC members . I am hopeful that this matter can be placed on the agenda of the Carmel Board of Zoning Appeals, at is regularly scheduled meeting on the 23rd day of January, 1989 and, in order to timely issue the public notice, it will be necessary that the docket number for this application be received no later than Tuesday, December 20, 1988. NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JEFFREY B. HIGGINS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL December 9 , 1988 Charles Kiphart Planning & Zoning Administrator 40 East Main Street Carmel, IN 46032 Dear Chuck: : Please be advised that I represent Arista Builders, Inc. and in such capacity filed, on December 9 , 1988, with the Office of the Director of Community Development an Application for Developmental Standards Variance, relative to Lot 110, Section 3 , Kingswood, from the provisions of Section 6 . 4 .2 of the Zoning Ordinance of the City of Carmel, Indiana. Specifically, we are requesting that the front yard building set back line for Lot 110 be reduced from 35 feet to 25 feet. Please find enclosed for your review a 24 ' x 36' site plan showing the location of the home on Lot 110 and a review form to be completed and returned to the Planning and Zoning Administrator. Thank you for your consideration. 401)01truly yours , res J. Nelson JJN:kce Enclosure cc: Robert Betbadal Maris Bluestein RECEIVED NELSON & DEC 13 1988 FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW AgMIE*- POLICE DEPT L 1;7 JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JEFFREY B. HIGGINS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL December 9 , 1988 Gary Barney Police Chief 31 First Avenue NW Carmel, IN 46032 Dear Gary: : Please be advised that I represent Arista Builders, Inc. and in such capacity filed, on December 9 , 1988, with the Office of the Director of Community Development an Application for Developmental Standards Variance, relative to Lot 110, Section 3 , Kingswood, from the provisions of Section 6 .4 .2 of the Zoning Ordinance of the City of Carmel, Indiana. Specifically, we are requesting that the front yard building set back line for Lot 110 be reduced from 35 feet to 25 feet. Please find enclosed for your review a 24 ' x 36 ' site plan showing the location of the home on Lot 110 and a review form to be completed and returned to the Planning and Zoning Administrator. Thank you for your consideration. er truly yours, J s J. Nelson JJN:kce Enclosure cc: Robert Betbadal Maris Bluestein e j I NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JEFFREY B. HIGGINS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL December 9 , 1988 Wesley G. Bucher, Director Department oE Community Development 40 East Main Street Carmel, IN 46032 Dear Wes: : Please be advised that I represent Arista Builders , Inc. and in such capacity filed, on December 9 , 1988, with the Office of the Director of Community Development an Application for Developmental Standards Variance, relative to Lot 110, Section 3 , Kingswood, from the provisions of Section 6.4 . 2 of the Zoning Ordinance of the City of Carmel, Indiana. Specifically, we are requesting that the front yard building set back line for Lot 110 be reduced from 35 feet to 25 feet. Please find enclosed for your review a 24 ' x 36' site plan showing the location of the home on Lot 110 and a review form to be completed and returned to the Planning and Zoning Administrator. Thank you for your consideration. - tr y yours, 40I-s J. Nelson JJN:kce Enclosure cc: Robert Betbadal Maris Bluestein PLEASE RETURN TO: Mr. Charles Kiphart Planning & Zoning Administrator City of Carmel 40 Fast Main Street Carmel, IN 46032 PETITIONER TO FILL OUT & SEND COPIES TO TAC MEMBERS: Petitioners Name: Arista Builders, Inc. Project Name: Lot 110, Section 3, Kingswood Property Use: Residence Type of Review: Site Plan Date: December 9, 1933 Dear Mr. Kiphart: I have received and reviewed a location map and site/development plan and other needed supporting information for the above stated project, and make the following comments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. I understand that the petitioner wishes to be included on the agenda for the Plan Comission/Board of Zoning Appeals meeting for the January 23, 1989 meeting. I have no problem with the Carmel Department of Community Development issuing a docket number and placing this project on the appropriate Commission/Board agenda for formal review. Sincerely, James J. Nelson Attorney for Arista Builders, Inc.