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HomeMy WebLinkAboutApplications u u (Submit two (2) copies) --- I Waiver from 1..>5';4,1'\ reqUi~::~ }' ''). en "' t(! \):t-\;~.\~\~~,~!0\ \~\~j /"'1 '"' \~ I)' ! I \~ I ",,-,,\, ~ i-::, I \<, \l'C..u rS /1 ~'.-\ \)~,,. l) /r, ~/ F?;;:",~ /.~<-) ~,-< i /'/-;:'.___,']" ___=-'\ )./ 'j:~l-2'_.~~_J._ ~~- --' -,.',/ 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. $ APPLICATION FEE H:\Janel\RoehlinglSubdivi5ion 141-01 aSW. wpd (J) u 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 . u u 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. H:\Janel\Roehling\Subdivision 141-01 aSW.wpd ..7 ..-~ ( (J o (Submit two (2) copies) Waiver from maximum length of;~~9i~~., f':7'in C~I.-de":S".ac<> t:>~/ i' ,~\ !!i RECEIVEO \~\ __.J ore 18 2C~1 \,.z\, ,I [. _' - r'j \\~\ ~ --\1 'V\. DOCS l~~ .,~~:>' /0' '!>':-:-~- ---/(<::./'/ ,. /./ r,,"'--:"'\ ~ \ / ''':-L.'::'c'.2-- ;/ 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 'j. .' . u (.;) 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 '" i~' " u u 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 fl. .., -. . ~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 , .- ..J.. .. 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: ~ ~ Q 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 H :VanetIRoehlinglApp. Plat-Replat. wpd . I. }"., . ", " Q) o 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. H:\Ianet\RochlinglApp. Plat-Replat.wpd 9.6 TilE St-8t)OIVIOER The fOlLOW~ Agreement final plot appli~ation. 'U 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