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Telephone No.: (317) 844-0106
SUBDIVISION VARIANCE
REQUEST APPLICATION
Docket No. 141-01 aSW
Contact Person: Charles D. Frankenberger
Address: Nelson & Frankenberger. 3021 East 98th Street. Suite 220. Indianapolis. IN 46280
PROJECT NAME: The Hamptons
PROJECT ADDRESS: West of and adiacent to Towne Road and south of 14151 Street
APPLICANT NAME: Raymond Roehling.
ADDRESS: 11722 Bradford Place. Carmel. IN 46033
TELEPHONE: 317/846-8881
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being requested:
See Exhibit A
State explanation of why variance is being requested:
See Exhibit A
State reasons supporting variance request:
See Exhibit A
Present Zoning:
S-1
c~rankenberger
Attorney for Applicant
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR
THE PRIMARY PLAT.
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APPLICATION FEE
H:\Janel\RoehlinglSubdivi5ion 141-01 aSW. wpd
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CARMEL PLAN COMMISSION
Carmel, Indiana
SUBDMSION VARIANCE
FINDINGS OF FACT
Docket No: 141-01 aSW
Petitioner: Raymond Roehling
Section Variance: Section 7.1 of the Subdivision Regulations
Brief Description of Variance: Variance pertaining to required open space
In deciding whether or not the applicant has presented sufficient proofto permit the granting of a variance,
the Plan Commission should consider the following:
The grant of a variance will not be injurious to the public health, safety, morals and general
welfare of the community.
The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
The need for the variance arises from some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
The strict application of terms of the ordinance to the property will constitute an unusual
and unnecessary hardship if applied to the property for which the variance is sought.
The grant ofthe variance does not interfere substantially with the Comprehensive Plan.
Based on all the evidence presented by the petitioner, I approve of the requested subdivision
variance.
I hereby disapprove of the subdivision variance request for the following reasons:
1.
2.
3.
Dated this _ day of
,2002.
Commission Member
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EXHIBIT "A"
1. Subdivision Regulations for which variance is being requested:
Section 7.1 pertaining to open space.
2. State explanation of why variance is being requested:
The variance is needed in order to permit larger lots for custom residences.
3. State reasons supporting variance request:
Absent the variance, it is not feasible to have lots sufficiently large for
custom homes.
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(Submit two (2) copies)
Waiver from maximum
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Telephone No.: (317) 844-0106
SUBDIVISION VARIANCE
REQUEST APPLICATION
Docket No. 141-01 bSW
Contact Person: Charles D. Frankenberger
Address: Nelson & Frankenberger. 3021 East 98th Street. Suite 220. Indianapolis. IN 46280
PROJECT NAME: The Hamptons
PROJECT ADDRESS: West of and adiacent to Towne Road and south of 141 st Street
APPLICANT NAME: Raymond Roehlinl!
ADDRESS:
11722 Bradford Place. Carmel. IN 46033
TELEPHONE: 317/846-8881
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being requested:
See Exhibit A
State explanation of why variance is being requested:
See Exhibit A
State reasons supporting variance request:
See Exhibit A
Present Zoning:
S-1
C~M~~k~
Attorney for Applicant
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR
THE PRIMARY PLAT.
$
APPLICATION FEE
H:\Janet\RoehlinglSuhdivision 141-01 hSW.wpd
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CARMEL PLAN COMMISSION
Carmel, Indiana
SUBDIVISION VARIANCE
FINDINGS OF FACT
Docket No: 141-01 bSW
Petitioner: Raymond Roehling
Section Variance: Section 6.3.7 of the Subdivision Reg:ulations
Brief Description of Variance: Variance from maximum length of street ending in a cui de sac
In deciding whether or not the applicant has presented sufficient proofto permit the granting of a variance,
the Plan Commission should consider the following:
The grant of a variance will not be injurious to the public health, safety, morals and general
welfare of the community.
The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
The need for the variance arises from some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
The strict application of terms of the ordinance to the property will constitute an unusual
and unnecessary hardship if applied to the property for which the variance is sought.
The grant of the variance does not interfere substantially with the Comprehensive Plan.
Based on all the evidence presented by the petitioner, I approve ofthe requested subdivision
vanance.
I hereby disapprove of the subdivision variance request for the following reasons:
1.
2.
3.
Dated this _ day of
,2002.
Commission Member
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EXHIBIT "A"
I. Subdivision Regulations for which variance is being requested:
Section 6.3.7 pertaining to maximum length of street ending in a cul-de-sac.
2. State explanation of why variance is being requested:
The variance is needed in order to. permit a satisfactory design of the
northeast comer.
3. State reasons supporting variance request:
Absent the variance, there is a practical difficulty In developing the
northeast comer.
H:\Janet\Roehling\Subdivision 141-01 bSW.wpd
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~ICATION FOR PLAT OR (REPIQ
DATE:
Docket No.:
The undersigned agrees that any construction, reconstruction, enlargement, relocation or alteration of structure, or
any change in the use ofland or structures requested by this application will comply with, and conform to, all applicable laws
of the State of Indiana, and the Zoning Ordinance of Carmel, Indiana - 1980, adopted under the authori cts of 1979,
Public Law 178 Sec. 1, et. seq. General Assembly of the State of Indiana, and all Acts amendatory 5 (j
Name of Applicant: Ravmond Roehlinll
Phone No.: (317) 846-8881
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Address of Applicant: 11722 Bradford Place. Carmel. IN 46033
L.P.
Name of Subdivision: The Ham tons
Legal Description: (To be typewritten on separate sheet and attached) - See Exhibit A attached hereto
Area (in acres): 154.806 Number of Lots: ..l2L
Length in miles of new streets to be dedicated to public use: 2.83
Surveyor certifying plat: Stoepoelwerth & Associates. Inc.
Address: 9940 Allisonville Road. Fishers. IN 46038
Signature of Applicant: ~
Phone No.: (317) 848-7800
(Print) Charles D. Frankenberger
TITLE: Attornev for Applicant
*************************************************************************************************
STATE OF INDIANA )
)SS:
COUNTY OF )
The undersigned having been duly sworn, upon oath says that the above information is true and correct as he or she
is informed and believes.
SIGNA TORE OF APPLICANT: By: '0)
Attorney
Print: Charles D. Frankenberller
Attorney
Subscribed and sworn to before me this i..!i:!J!day of 1?(!/1?Jt3~,e ,2001.
My Commission Expires: S~ (( -.;:26'tJ?
otary Public
Printed Name:---JI WE! L, wiLle..(;
County of Residence: /VJ IHZI c /1/
*
5.1.10 Aoolication for Plat. Two (2) copies, or more if necessary, of the primary plat and of the con
supporting documents, shall be submitted to the Building Commissioner with this application and the app
Section 29.6 of the Zoning Ordinance.
Additional plans to be distributed to necessary authorities by applicant.
FEE:
Received by:
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Consent of Owner
The undersigned, Wilbur E. Tyner, of the Tyner Family Partnership, L.P., as the Owner of the
real estate which is the subject of this Zoning Application, hereby consents to this Zoning Application
and authorizes Raymond Roehling and the law firm of Nelson & Frankenberger and its employees and
agents to appear and represent The Tyner Family Partnership, L.P., an Indiana limited partnership,
before the Carmel Plan Commission.
THE TYNER F AMIL Y PARTNERSHIP, L.P.
an Indiana limited partnership
By: yj~ ~. ,~/U
- Wilbur E. Tyne
STATE OF INDIANA )
)SS:
COUNTY OF Hamil ton)
Before me, a Notary Public in and for the State of Indiana, personally appeared Wilbur E.
Tyner, of The Tyner Family Partnership, L.P., an Indiana limited partnership, and executed the
foregoing Consent of Owner for and on behalf of The Tyner Family Partnership, L.P.
WITNESS my hand and Notarial Seal this 18th day of October, 2001.
My Commission Expires:
December 3. 2006
il~V~
Notary PUb IC - SIgnature
Residing in Hamilton County
Cect! L Stunebllsl(er
SEAL
Notary PIIbIIc, State of Indiana
Hamilton C'Aunly
My Commission ExpIM 12fJ106
Cecil L. Stonebraker
Printed Name
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EXHIBIT "A"
The Northwest Quarter of the Southeast Quarter of Section 20, Township 18 North, Range 3 East in
Hamilton County, Indiana, containing 40 acres, more or less.
The Southeast Quarter ofthe Southeast Quarter of Section 20, TownshiP 18 North, Range 3 East in Hamilton
County, Indiana, containing 40 acres, more or less.
The Southwest Quarter ofthe Southeast Quarter of Section 20, Township 18 North, Range 3 East, containing
40 acres, more or less, in Hamilton County, Indiana.
The Northeast Quarter of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, containing
40 acres, more or less, in Hamilton County, Indiana.
Except the following real estate:
Part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East in Hamilton County, Indiana,
beginning at the Northeast corner of said Southeast Quarter, thence West along the North line of said
Southeast Quarter 800 feet to a point which is the beginning of this description; thence South parallel with
the East line of said Southeast Quarter Section a distance of 500 feet; thence West parallel with the North
line of said Southeast Quarter a distance of 500 feet; thence North parallel with the East line of said
Southeast Quarter a distance of 500 feet to the North line of said Southeast Quarter; thence East along said
North line a distance of500 feetto the place of beginning, containing approximately 5.73 acres, more or less.
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9.6 TilE St-8t)OIVIOER
The fOlLOW~ Agreement
final plot appli~ation.
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shall be included as a submittal with
AGREEMENT
The developer shall be responsible for any drainage problems in
ing standing water, flooding and erosion control, which arise or
become evident at Any time during the 3 year maintenance period
release of subdivision bonds, and which is attributable to a
deficiency in subdivision drainage ~esign or construction of
age improvements. This shall include all pipes, structures,
ditches and.ponds which are pertinent features to the proper
Age of tho subdivision.
'{'his rosponsibiUty of the developer shall not, however, include
problems which afe create~, subsequent to the completion of the
subdivision imp~ovame~ts by the improper grading by. individual
builders, or structures and improper grading installed or accom-
plished by individual homeowners.
It is the intent of this requirements, that the ,developer shall,
specifically, provide such sub-surface drains, or storm sewer~ or
ditches as are required to properly rectify any drainage problem
or sub-surface water problem which wes not contemplated in the
original approved subdivision design, including, but not restricted
to, disposal of sub-surface water. from footing drains of individual
lots.
ROAD IMPROVEHENTSaThe typical agreement for existing contiguous
Hamilton County Roads which are substandard, with Hamilton County
is:
The developer will put in 12 inch stone base to the required width
of the road, and grade the shoulders to 4 minimum of 6 feet width
and construct proper side-ditches, or, provide storm sewers and
curbs. This will be the black top grade during construction of
subdivision. Then the county will come in and cut out 3 inches
and put in 3 inch bindsr asphalt after which the developer will be
r~sponsible for 1 inch of asphalt topping. This is being done as
joint projects between county and developer. An agreement shall be
executed, in writing, between the developer and ~amilton .County
specifically detailing the. exact work to be accomplished by the
developer and that to be accomplished by the County, and shall also
state the road or roads or portions thereof which are included.
If the subdivision is co~templated to be annexed to the City of
Carmel. then the agreement shall include .the City of Carmel Board
of Public Wo.rks.' as a signatory, which shall be for the purpose of
the city of Carmel agreeing to accept for maintenance and operation,
the improved road .fac~lity upon completion of said improvements
and completion oi annexation. .
DEVElDPER
.
WI'mESS
DATE
REV: 5-79