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CITY OF CARMEL/CLAY TOWNSHIF~
HAMILTON COUNTY. INDIANA
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APPLICATION FOR BOARD OF ZONING APPEALS ACTION ff.f\J." ~~ ~~\
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USE VARIANCE II:!! .!AN II I)
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FEE: $1,050.00
DOCKET NO.
DATE RECEIVED:
1) Applicant: _Winston LonQ
Address: _1;2316 Brookshire Parkway
2)
Project Name: __N/A
Phone: 8Lftf- -- 01-7 ~
Engineer/Architect: _N/A
Phone:
Attorney:
N/A
Phone:
3) Applicant's Statu3: (Check the appropriate response)
_X_ (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 Ownemhip:
Deed Book No./lnstrument No,_283
Page: _713__ Purchase date:
9/2/75
6) Common address of the property involved: 12316 Brookshire Parkwav. Carmel. IN 46032
Legal description: 10-32-02-01-024.000 Lot 42 Brookshire 1 st.
Tax Map Parcel No.:
10-32-02-01-04.000
7) State explanation of requested Use Variance: (State what you want to do and cite the section
number(s) of the :armel/Clay Zoning Ordinance. which applies and/or creates the need for this appeal).
I am requesting a use variance for my residence for the purpose of carrying on a home-based multi-
media design and service delivery business. I am meeting the definitions for Ordinance Z-289, Section 3.0,
Home Occupation, with the exception of requirement "g." which states "no one outside of the immediate
family shall be employed."
Page 1 of 8 - Use Variance Application
. 8) State reasons supportiW,e Use Variance: (Additionally, comPleve attached question sheet entitled
"Findings of Fact-Use Variance").
Mv residence is presentlv zoned R-' and I would like to carry out mv home-based business
in mv residence thus requirinq a variance. There is no retail component to mv business or need for
dailv customer Wlffic.
9)
Present zoning of the property (give exact classification):
R-'
10)
Present use of the property:
Mv residence
11 )
Size of lot/parcel in question:_&
acres
12) Describe the proposed use of the property: Multi-media desiqn and deliverv.
13)
Is the property:
Owner occupied _X
Renter occupied
Other
14) Are there any res.~rictions, 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.
None
15) Has work for whk:h this application is being filed already started? If answer is yes, give details:
Building Permit Number: _No
Builder:
16) If proposed appecil is granted, when will the work commence?
My operation would be based in my garage, so I would plan to add another attached garage this Spring
or Summer for the purpose of sheltering my cars. The proposed construction would not be for the purpose of
expanding my home-based business.
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
My wife, Sandra .3nd myself,
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledqer a MANDATORY twenty-five (25) days
prior to the public hearin~1 date. The certified "Proof of Publication" affidavit for the newspaper must be
available for inspection the night of the hearing.
Page 2 of 8 -- Use Variance Application
LEGAL NOTICE to all a<.J)ing and abutting property owners is al(. '~ANDATORY, two methods of
notice are recommended: '....,I
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white
receipt should be stampe::l 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 0= 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 un::lerstands that docket numbers will not be assioned until all supportino information
has
been submitted to the Department of Community Services.
The applicant cerjfies 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.
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
AUDITOR OF HAMILTON COUNTY, INDIANA
Page 3 of 8 - Use Variance Application
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AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the
foregoing signatures, statements and answers herein contained and the information herewith submitted are in
all respects true and COHl3Ct to the best of my knowledge and belief. I, the undersigned, authorize the
applicant to act on my behalf with regard to this applic on an subsequent hearings an?timony.
r of Attorney
Winston H. LonQ
(Please Print)
STATE OF INDIAI~A
SS:
County of
J !founty in/ jhiCh notarization takes place)
for ~ I' 1-6rn County, State of Indiana, personally appeared
(Notary Public's county of residence)
U}ifls1rm /I k';j and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, ower of Attorney)
cflQ.m; I~ n
Before me the undersigned, a Notary Public
/~ day of
?J~
,20 Of
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My commission expires: m~ cJ-3 I ~ g
Page 4 of 8 - Use Variance Application
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLA Y BOARD OF ZONING APPEALS
Docket No.
Notice is hereby {liven that the Carmel/Clay Board of Zoning Appeals meeting on the
day of
, 20_ at 7:00 pm in the City
Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public
Hearing upon a Use Variance application to allow
property being known as 1 2316 Brookshire Parkway
The application is identifk~d as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons de!iiring 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.
Winston H. Lono
PETITIONERS
Page 5 of 8 -- Use Variance Application
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL/CLAY BOARD OF ZONING APPEALS
I (WE)
Winston H. Lonq
DO HEREBY CERTIFY THAT NOTICE OF
PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number
, was registered and mailed at least twenty-five (25) days prior to the date of the public
hearing to the below listed adjacent property owners:
OWNER
ADDRESS
STATE OF INDIAI~A
SS:
The undersigned, having been duly sworn upon oath says that the above information is true and correct
and he is informed and bl~lieves.
Signature of Petitioner
County of
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
day of
,20
Notary Public--Signature
(SEAL)
Page 6 of B - Use Variance Application
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Notary Public--Please Print
My commission expires:
CARMEL/CLA Y BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
Petitioner:
Wim;ton H. LonQ
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1 .
2.
3.
4.
5.
DATED THIS
DAY OF
,20
Page 7 of 8 -- Use Variance Application
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Board Member
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Winston H. LonQ
FINDINGS OF FACT - USE VARIANCE
1 . The grant of this variance will not be contrary to the public interest, due to the existence of special
condition Is} such that enforcement of the zoning ordinance will result in unnecessary hardship because:
The condition for lease renewal requires that I be subiect to movinQ mv operation to another space of
their choosinQ. Qi."en a 30 day notice. AlthoUQh I have a small facilitv. it has extensive infra-structure
requirements and would require more of mv time than I could afford to devote to a short-notice
relocation. Also. mv carrvinQ out a home-based business. would be afford me time to continue to
identify and re-conceptualize the services that I render. Without the abilitv to do this. mv small
business miQht not be able to respond in a manner that would lead to continued and on-QoinQ success.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare
of the community because:
the nature of mv home-based business is one that requires much time out of the office. In addition. it
is not a retail oriented service that requires reQular visits bv the public. Most of mv activities require
simplv the use of computer workstations and the Internet.
3. The use or value ,)f the area adjacent to the subject property will not be substantially affected in any
adverse manner because:
There will be no visible indication from the outside that any business activity is beinQ conducted.
4. The need for the variance arises from a natural condition peculiar to the subject because:
the nature of the multi-media services is continuallv chanQino because of technoloov. especiallv the
Internet. Manv of the facilities that were previouslv needed for multi-media services are not needed
with todav's technologv. On the other hand, however. there are special needs like Internet
connectivity that did not exist a couple of years aQO that drive the direction of mv home-based
operation. A home-based business will provide the abilitv to incorporate constantlv chanQinQ
technoloQies in a stable environment
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
the presence of mv home-based business will not Qenerate issues related to increased traffic. sionaoe.
or city utilities. There will be no retail traffic orientation to this operation.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket
No. is granted, subject to any conditions stated in the minutes of this Board, which
are incorporated herein b'{ reference and made a part hereof.
Adopted this __ day of
,20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Cia" Board of Zoning Appeals
Page 8 of 8 - Use Variance Application
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Conditions of the Board are listed on the back.
s:lformslusevar.app Revised 10/17/2000
Page 9 of 8 -- Use Variance Application
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
UV-11-01
Petitioner:
Winston H. Lona
FINDINGS OF FACT - USE VARIANCE
1 . The grant of this variance will not be contrary to the public interest, due to the existence of special
condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because:
The condition for lease renewal reauires that I be subiect to movina my operation to another space of
their choosinq, aiven a 30 day notice. Althouah I have a small facility, it has extensive infra-structure
reauirements and would reauire more of my time than I could afford to devote to a short-notice
relocation. Also, my carryina out a home-based business, would be afford me time to continue to
identify and re-conceptualize the services that I render. Without the ability to do this. my small
business miaht not be able to respond in a manner that would lead to continued and on-aoina success,
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare
of the community because:
the nature of my home-based business is one that reauires much time out of the office. In addition. it
is not a retail oriented service that reauires reaular visits by the public. Most of my activities reauire
simply the use of computer workstations and the Internet.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because:
There will be no visible indication from the outside that any business activity is beina conducted.
4. The need for the variance arises from a natural condition peculiar to the subject because:
the nature of the multi-media services is continually chanaina because of technoloay, especially the
Internet. Many of the facilities that were previously needed for multi-media services are not needed
with today's technoloay. On the other hand, however, there are special needs like Internet
connectivity that did not exist a couple of years aao that drive the direction of my home-based
operation. A home-based business will provide the ability to incorporate constantly chanaina
technoloaies in a stable environment
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
the presence of my home-based business will not aenerate issues related to increased traffic, sianaae,
or city utilities, There will be no retail traffic orientation to this operation.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning, Appeals that Use Variance Docket
No. is granted, subject to any conditions stated ~n 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
Page 9 of 8 .. Use Variance Application
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My commission expires:
CARMEL/CLA Y BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-11-01
Petitioner:
Winston H. Lonq
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
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DAY OF
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, 20 0 J.
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Board Member
DATED THIS
Page 8 of 8 .. Use Variance Application
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My commission expires:
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-11-01
Petitioner:
Winston H. Lonq
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FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
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DATED THIS '21,
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DAY OF -. "'Y7T-vv-,
,20~ ( .
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Board Member
Page 8 of 8 -- Use Variance Application
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My commission expires:
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No. :
UV-11-01
Petitioner:
Winston H. Lonq
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
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DATED THIS -'< l, DAY OF
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Board Member.
Page 8 of 8 .. Use Variance Application