HomeMy WebLinkAboutApplication
':.'
o CITY OF CARMEL. CLAY TOWNSHIQ
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
~
Fee $630.00
SPECIAL USE APPROVAL REQUEST
DOCKET NO. DATE RECEIVED:
Drees Preferred Collection, Inc., an Ohio
1) Applicant: Zarin Premier Homes c/o Baker & Daniels
Address: 600 East 96th Street, Suite 600,
2) Project Name: The Lakes at Hazel Dell
Engineer/Architect: The Schneider Corporation
Attorney:
Joseph M. Scimia, Baker & Daniels
Phone: 317-898-8282
Phone: 317-569-4680
Fax: 31]-569-4800
3) Applicant's Status: (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:
Drees Preferred Collection, Inc., an Ohio Corp., d/b/a,
Owner of the property involved: Zaring Premier Homes
Owner's address: 211 Grandview Drive, Ft. Mitchell, KY .41017 Phone: 859-578-4231
5) Record of Ownership:
Deed book No./lnstrument No. Lakes at Hazel Dell - lnst. /I 200100008515
Page: PC 2, Slide 29~urchase Date: Recorded 2/23/01
6) Common address of the property involved: 112500 Hazel Dell Parkway
Legal description: See attached legal description
Tax Map Parcel No.: See attached legal description
7) State explanation of requested Special use amendment to delete Commitment No.2., B. (per
SU-37-99) requiring a lifeguard to be present at the Lakes at Hazel Dell Clubhouse
pool during all hours that the swimming pool is open. (See also detailed
Description of Request)
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings
of Fact-5pectal Use"). .
See Detailed Description of Request.
;1
Paae 1 of 8 - Sgeda! Use AcaIIcatlon
'.
Q
o
9)
Present zoning of the property (give exact classification):
S-1 Residence District
10) Present use of the property: Residential Community
11)
Size of lot/parcel in question: N / A
acres
12) Describe the proposed use of the property: Existing residential community; amenity areal
clubhouse with swimming pool.
13)
Is the property:
Owner occupied
Renter occupied
Other Homeowners' Association (Clubhouse / swimming pool)
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.
SU-37-99 (Special Use Petition) - Approval for the construction of a swimming pool
for the residential community known as the Lakes at Hazel Dell (Commitment No.2., B,
the subject of this petition).
15) Has work for which this application is being filed already started? If answer is yes. give details:
Building Permit Number:
Builder:
Zaring Premier Homes
16) If proposed special use is granted. when will the work commence? No work required.
17) If the proposed special use is granted. who will operate and/or use the proposed improvement for which this
application has been filed?
Residents and guests / Homeowners' Association of the residential commuhity
known as the Lakes at Hazel Dell.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledoer 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 MAll- 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 lEASTlWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
Page 2 of B - Special Use AppllcaUon
o
o
The applicant understands that docket numbers will not be assianed until all supportina 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 Development are advisory only and that the applicant should rely on appropriate subdivision
and zoning ordinance and/or the legal advice of hislher 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
See attached listing of property owners from the Hamilton County Auditor's office --
Mapping Division.
Auditor of Hamilton County, Indiana
Page 3 of 8 - Spadal Usa AppDcaUon
-
,
o
o
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
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.
Joseph M. Scimia
(Please Print)
STATE OF INDIANA
SS:
County of
Marion
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Marion
(Notary Public's county of residence)
County, State of Indiana, personally appeared
Joseph M. Scimia
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument
this q~b
day of fl;ll Y
,20 ~ /
;~,:""~/~~~P~'~1.~'\~
;:: ...., """"~':::;' \ >",' ,,!.. ';
,.,~ .,.~ .. ~"~::,,~, "'d,;;.:;!" .-_. r . ". ...., ~.,:", (1':;
- '= "'~ y>~ ", ,. ',,' ~
~"-;;'1 ,~SEAL)"':-..~ :;
.,;;0' ~.:-, .- ~<\ ), > ,)::
:~{f;~~~f/fl'
~x1. ~
tary Pu Ic-Slgnature
(SEAL)
#/-1,e / ,L Y /lJ :;r-. ,2.66-.s
Notary Public-Please Print
My commission expires: ..s< ~ if - CJ /
Page 4 of 8 - Special Use AppllcaUon
RPR ~6 ~001 ~:~4 PM FR BRKER DRNIELS 3 317 569 4800 TO 4680~51774~33705 P.0~
o
Q
CONSENT FORM
The undersigned, We:: y.A ~~ the J2,~ \/,' S (01/1 Ma..u6-;J ~vof
Drees Preferred Collection. Inc.. an Ohio Corporation. d/b/a Zaring Premier Home ,bemg
the owner of the property commonly known as The Lakes at Hazel Dell, hereby authorizes
Baker & Daniels to file land development petitions necessary for the aforementioned address.
This consent shall:
~
remain in effect until revoked by a written statement filed with the City of Carmel,
Department of Community Services.
o
remain in effect until
By:
DREES PREFERRED COLLECTION, INC.,
AN OHIO CORPORATION D/B/A
~4~~
P~+0vA 1-L'/5
Prj nted:
Title: 1)" v ,'.:) i '0 V7 M a...vz. 6.. a c:!:- V
Date: )lih' ~ / J
/
STATE OF INDIANA
COUNTY OF MARION, 55:
Subscribed ~d swo~. to be/ore I
m~~~1J~ J ,200_,
N~UbliO
-rbItLl PltV15
Printed Signature
My Commission expires:
/~ - 8
. 200 -r .
County of Residence:
}-1/tRJON
"'-
'. .'
- --/"
~~ _: ------- --. ~'.'~ -;.
~'--.,- . -
= " - ~
. - ,
.--; -- --. ~ .----...---... - -" - -
. -
- -
/ .-~ : '-' . -'" ". .......
'" .\'
. '
::ODMA\MHODMAUNIMAN2;286135;1
** TOTRL PRGE.02 **
Q
Q
Detailed Description of Request
Drees Preferred Collection, Inc.,
an Ohio Corporation d/b/a
Zaring Premier Homes
The Lakes of Hazel Dell
Petition for Special Use Amendment
Before the Carmel/Clay Board of Zoning Appeals
Petitioner, Drees Preferred Collection, Inc., an Ohio Corporation d/b/a Zaring
Premier Homes ("Zaring Homes"), requests a Special Use Amendment to terminate Commitment
2., B., made as a part of Docket No. SU-37-99, which Commitment requires that:
"A life guard will be present at the Swimming Pool during all hours when the Swimming Pool is
open to the residents of the residential community known as Lakes at Hazel Dell and to be
constructed upon the Real Estate."
The Petitioner wishes to delete the Commitment noted above in order to provide
the Homeowners' Association and residents greater flexibility in the use and enjoyment of the
private swimming pool. This request is being made in light of the fact that the Carmel! Clay
Zoning Ordinance does not require a lifeguard during the hours of operation of a private
swimming pool. Other subdivisions located within the jurisdiction of the Carmel! Clay Board of
Zoning Appeals with similar facilities are not required to provide a lifeguard when the pool is
open to residents. Further, neither State nor Health Department regulations require a full time
lifeguard at a pool of less than 2000 square feet. The Petitioner is not aware of any
circumstances which are unique to the private swimming pool in this subdivision which would
justify the imposition of this requirement.
The requirement to provide a lifeguard for the private swimming pool is creating
an unnecessary hardship for the Lakes of Hazel Dell Homeowners' Association due to the
administrative and financial burden to the residents in maintaining a lifeguard at the private
swimming pool during all hours of operation.
::ODMA\MHODMA\INIMAN2;29620t; t
JUN-29-00 14:02
06/29/00 14:58 FAX
P.02
Q
R-Bt7
Job-037
o
ZARING HOMES
III 002
""
.. '".:
"....
d
:..
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
ZARING HOMES OF INDIANA, L.L.C and FIRST CINCINNATI LAND, LLC (hereafter
collectively "Owner"). the Owner of the real estate located in Hamilton County, Indiana, and
described in Exhibit" An hereto (hereafter "Real Estate"). make the fo llowing Commitments to the
Board of Zoning Appeals of the City of Cannel, Indiana (hereafter, "Board").
L Docket No_ 8U-37-99
2. Statement'ofCommitments:
A The swimming pool to be located upon the Re:11 Estate shall be a minimum
of 25 feet in width by 75 feet in length (hereafter "Swimming Pool"}
B_ A life guard will be present at the Swimming PClOl during all hours when the
Swimming Pool is open to the residents of the n:sidential commnnity known
as Lakes at Hazel Dell and to be constructed upon the Real Estate_
3. Bindin2 on Successors and Ao;signs. These Commitmellts are binding on the Owner
of the Real Estate, each subsequent owner of the Real Estate, and each other person acquiring an
interest in the Real Estate, unless modified or terminated by the Board. These Commitments may
be modified or terminated only by a decision of the Board made at a public hearing after notice as
provided by the rules of the Board_ .
4. Effective Date. The Commitments contained herein shell have as the effective date
the 23111 day of August, 1999.
5. Recording_ The undersigned hereby authorizes the Secft:tary of the Board to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana, following the
Effective Date.
.
6. Enforcement. These commitments may be enforced by the Board.
Executed this II day of tv U V
, 1999.
III ~
ZARING HOMES OF INDIANA, L_L.C., an
Indiana limited liability company
By: ZARING HOMES, INC., an Ohio
corporation, Member
FntST CINCINNATI LAND, LLC
an Ohio limited liability company
BY:~
~l
Q
Q
LEGAL DESCRIPTION
Part of the Northwest Quarter of Section 34 and part of the Northeast Quarter of Section 33 all in
Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana
being described as follows:
Beginning "at the northwest corner of said northwest quarter; thence bearing South 89 degrees 53
minutes 43 seconds East (basis of bearings is from the record plat of Lynnwood, Section 2
(Instrument Number 9559878, Office of the Hamilton County Recorder) along the north line
thereof a distance of 1556.39 feet to the northwest comer of said Lynnwood, Section 2; thence
South 00 degrees 08 minutes 46 seconds West along the west line of said Lynnwood, Section 2
and along the west line of Lynnwood, Section 1 (Instrument Number 9559877) a distance of
2360.08 feet to the north line of Northwood Hills, First Section (Plat Book 2, Page 38); thence
North 89 degrees 31 minutes 07 seconds West along said north line a distance of 1386.58 feet to
the northwest corner thereof; thence continuing North 89 degrees 31 minutes 07 seconds West a
distance of 181.50 feet to the West line of said Southwest Quarter; thence South 00 degrees 25
minutes 49 seconds West along said west line a distance of 298.00 feet to the Southwest comer
thereof; thence North 89 degrees 31 minutes 20 seconds West along the south line of the
aforesaid Northeast Quarter of Section 33 a distance of 1327.19 feet to the southwest comer of
the East Half thereof; thence North 00 degrees 23 minutes 23 seconds East along the west line of
said East Half-Quarter a distance of 694.70 feet; thence South 89 degrees 36 minutes 37 seconds
East a distance of 471.00 feet; thence North 00 degrees 23 minutes 23 seconds East a distance of ;
449.80 feet (450.00 feet, deed); thence North 89 degrees 36 minutes 37 seconds West a dtstance
of 471.00 feet to the west line of the aforesaid East ~alf-Quarter Section; then~e North 00
degrees 23 minutes 23 seconds Eastalong said west line a distance of 1498.32 feet to the
northwest comer of said Half-Quarter; thence South 89 degrees 44 minutes 17 seconds East
along the north line of said East Half-Quarter a distance of 1329.07 feet to the Point of
Beginning.
/
/
/
(J
Q
.
Except, however, a part of the West Half of the Northwest Quarter of Section 34 and A part of
the East Half of the Northeast Quarter of Section 33, all in Township 18 North, Range 4 East,
Hamilton county, Indiana, described as follows: Commencing at the northwest corner of said
northwest quarter; thence North 89 degrees 47 minutes 41 seconds East (assumed bearing)
650.00 feet along the north line of said northwest quarter; thence South 0 degrees 12 minutes 19
seconds East 16.50 feet to the point of beginning of this description, which point is on the south
boundary of 126th Street; thence south 41 degrees 03 minutes 06 seconds West 37.91 feet; thence
South 89 degrees 47 minutes 41 seconds West 555.0 feet; thence Sout~ 43 degrees 07 minutes 34
seconds West 51.42 feet; thence South 0 degrees 00 minutes 43 seconds East 1,087.25 feet;
thence Southwesterly 1,287.09 feet along an arc to the right and having a radius of 2,949.789 feet
and subtended by a long chord having a bearing of South 12 degrees 29 minutes 17 seconds West
and a length of 1,276.90 feet; thence South 24 degrees 59 minutes 17 seconds West 254.33 feet
to the south line of said northeast quarter; thence North 89 degrees 51 minutes 19 seconds West
187.34 feet along said south line; thence North 24 degrees 59 minutes 17 seconds East 333.0~
feet; thence Northeasterly 1,212.91 feet along an arc to the left and having a radius of 2,779.789
. feet and subtcnded by a long chord having a hearing of North 12 degrees 29 minutes 17 seconds
East and a Icngth of 1.203.31 feet; thence North () lkgrl..l..... 1I11 minutes.B seconds West 1,087.25
feet; thence North 43 degrees 15 minutes 18 seconds West 51.0-t feet; thence South 79 degrees
20 minutes 03 seconds West 81.39 feet; thence South 89 degrees 57 minutes 14 seconds West
100;00 feet; thence North 84 degrees 20 minutes 08 seconds West 150.75 feet; thence South 89
degrees 57 minutes 14 seconds West 225.00 feet; thence North 41 degrees 18 minutes 11 seconds
lh .
West 37.91 feet to the south boundary of 126 street; thence North 89 degrees 57 minutes-14
seconds East 750.02 feet along the south boundary of said 126lh street; thence North 89 degrees
47 minutes 41 seconds East 650.02 feet along said boundary to the point of beginning and
containing 11.417 acres more or less.
Also, except, a part of the West Half of the Northwest Quarter of Section 34 and a part of the
East Half of the Northeast Quarter of Section 33, all in Township 18 North, Range 4 East,
... Hamilton county, Indiana, described as follows: Beginning at the northwest comer of said
northwest quarter; thence North 89 degrees 47 minutes 41 seconds East (assumed bearing) . .
. 1323.22 feet along the north line of said northwest quarter to the east line of the west half of s~d.
. northwest quarter; thence South 0 degrees 12 minutes 19 seconds East 16.50 feet along said eaSt.
line to the south boundary of (26th Street; thence South 89 degrees 47 minutes 41 seconds West
1323.24 feet along the south boundary of 126lh Street; thence South 89 degrees 57 minutes 14
seconds West 1338.13 feet along said boundary to the west line of the east halfof said northeast
quarter; thence North 0 degrees 07 minutes 58 seconds West 16.50 feet along said west.line. to
the north line of said northeast qu'arter; thence North 89 degrees 57 minutes 14 seconds East
1338.13 feet along said north line to the point of beginning and containing L008 acres, more or
less.
Containing, in all 147.81 acres, more or less.
.
PEB - 23' 0 \ (FR II 11: 13 AROgp, ROSEN & HUNT
, rEB-23-2001 FRI 11:07 AM MORGAN & ASSOCIATES
'~UlY ENTERED FOi~ TAXATION
~ 'Sublect to final acceptance far transfer
t-~ 3 day of ~hrl.{Cl (y 1 120.QL
t~ J~ Aud~gr af H~lTJlIllln O~n~
Parcel #~-- ~
Q
TEL:S13 241 2877
-_.
FAX NO, 97786445
P,002
P, 02/07
CV~,CO
~KIL-mN0
Indiana
-'--"-.--~ENERAL WARRANTY DEED
THIS INDRNTURE WIl'NESSfi:'l'H. that FIRST CIl'iCINNATl LAND LLC, an
Ohio limited liAbility company ("Grantof"), convoys and warrants, with general Wilrranty
covcnill1ts, to DREES PREFERRED COLI.ECTION, INC.. an Ohio corporation whose tax
mailing address is 211 Grandvicw Drive, 'fit. Milchotl, Kentucky 41017, for Md in consideration
of the sLIm of OM.I:1iJ.lll.lL.,twD Klill...ctrs.J1..l.rr1.'L.TI':Qu.!i,~I,lJJ.t.J:ili..!:&.,Cilltb1tiv.\L and U--"lOO Dollars
($......L...~40,412.:1L.J l;1l1d other good :1nd valuable consideration. the'; receIpr whereof is hereby
~ck\1owledgeJ, thD renl property in HRmllton CO\ll1ty, Indiana, more partIcularly dtlscribed on
fu:,111bit .b Httnched hereto (the "Ronl n&t:lt~").
Grantor further covonnnts that Grantor is l:\wfully seized of the Reill Estate hereby
conveyed. thnt Gn:ll1tor has full right and power to convey the same, ~J1d that the Real Estate
conveyed llL::rcby is )i'eo from all liens ~1d enc'.lmbranccs except for L.1e exceptions horeinafter
,s~atcd. This COI1W:Yill1CC is made s\lbjcct to (i) aU covenant~, easements, and restrictions of
recordi (ii) legal bighwnys and (Hi) the lien of lmpaid real estato taxes Md assessments not yO!
dn~ Elnd paya'hlc.
Pdor Imll'L1ment Ref(lronco: Seo attAched ~xhibjt 1\,
IN WI'l'NESS \VHEREOF, Gnmtor has exocuted this instrument this / lj day of
__j::e~(v~ ,2001.
FIRST CINCINNA.TI LAND LLC,
Eln Ohio tiJ11it~c.lliability company
f.Q01000Cla51~ ,..J l' fl
l~ t lQlj f'l'r Rilt:;Ql H
H(;MH.Tt3N COUNTY, lNOIANA
~1~IRY l. CLARK
(J2"f<~-ROO 1 (lQ; tf2 am.
Gr..N W DEED e J p or:>
By:
NTY Of HAMILTON) ss:
The forogoing instmmem was aCkl\Ow1edged, subscribed and swom to before me this
L"it dny of -1=e.P('~~ 12001. by Allen G. Zaring ln, as Member and Manager
o'rFlI.~,ST CINCINNA1I LAND LLC. M Ohio Hmited lialJility company, on behalf of tho
~W~
company.
f., ~ICrWlft, C~~RSr:i'I,i' [I: ;. " ...,', " ~"". D
r.,j,lTJ,I,YJ:l'~L.h'!.h'I\I"...fl. .... , F
I,jy ~uMr.II,.~i~I.' I',.'J ^.1 ~:.I'i:""""1 NotiUY PublIc
1'~:", ~io~~I();11~7.l\~ n. c. My Commission Expires,
'Jl'Ii~ in$\\'umcnt prcrtlfcd l~y K(!l1:Y~ J. Dowers, Attorncy Cll L.llW, FROST BROV{N rOOD LLC, 2200 PNC Ccntef, 201
E:l~,t foiflh Slrcct, Cinclnll~ll, 01 r 45202,4182,
SC.lld I,\X, Slnt('n1~nls to Zarl\\\l Homes ofIndi:mn, L,{..C., 11300 Cornell Pllrk Orl\'Il, Sl.llte 300, Cincinr'\:\ti, OH 45242.
Rcll.\tIl l.lIlsinnllo Kclly,= 1. BnWi:rS, Attorney al L.'\w, I-'RO$T l3R.OWN '['ODD r.Le, 2200 ~NC Center, 201 Eust fifth
S\rr,;llt, Cincll1l1l\ti. on t',~202.41R2,
?
.-
w
w
Exhibit A
Hamilton County, Indiana
The Lakes at Hazel Dell
Parcel One
Being all of Lot Nos. 37, 38, 39, 40, 46, 47,48,49,50,51,52,53,54,55,56 and Common Area
18 of The Lakes at Hazel Dell, Section Twelve, as shown on the secondary plat thereof, recorded
as Instrument No. 20000061137, Plat Cabinet 2, Slide 522, in the records of Hamilton County,
Indiana.
e:>::o
Tax Parcel Nos.: \~. 'D..3.3 -C:::C-~-<::C'. (Lot 37)\LD'\D-~.3 -C::j.Y3c.~.a.::o (Lot 50)
\lc. 'Do &3. co- ,&>. C::C<S-l"'1r'C> (Lot 38)\1..D- ID- 33-CC 0 ~'o'Dccc(Lot 51)
\~ - 'Do 33. C:Q - ~- CC3.ccc(Lot 39) \lr..-\o-S3'CD' &)-C\'. ~Lot 52)
(Lot 40)1~-ID' ~-~- .3C-c\~.ccc(Lot 53)
(Lot 46) \~o\D' 3.3-C:Q-d)-e:::..3.ccc(Lot 54)
\~ . \C) - 5.3 -C6 - 3D- a::l.o.~Lot 47) \\.0- \b- ~ <:0 0 30- Dl.l.c:tX:) (Lot 55)
\\c. 'D- 33 -C::C 020, cx.:n.a::c(Lot 48) \lL:>. \a- a~-N"'"'l-..?o-D\~.~ot 56)
\~-'D- 33-cc- ~-cd5.~Lot 49)
PRIOR INSTRUMENT REFERENCE: Deed dated March 3, 1999, and recorded on March 12,
1999 as Instrument No. 9909915390 in the Hamilton County, Indiana records.
Parcel Two
Being all of Lot Nos. 79, 80, 81, 82, 83, 115, 117, 118, 119, 120, 121, 122, 123, 125 and 126 of
The Lakes at Hazel Dell, Section Two, as shown on the secondary plat thereof, recorded as
Instrument No. 200000026090, Plat Cabinet 2, Slide 438, in the records of Hamilton County,
Indiana.
Tax Parcel Nos.: \\..Q\03.3C:c~\. C:::c:c (Lot 79) \\J;>\o:!;)3CC:::OF\~o. (yy') (Lot 119)
\l,,\b.~~~.l'"-l"'D (Lot 80) \LoIt:>3~a\\. ~ (Lot 120)
\l r,\{'''')33cc::b)C''l.C::O~.~ (Lot 81) \ \.1">\D33C:Oor'\O\~.l""-N'""l (Lot 121)
\~\~~c::::D~.<:1::C (Lot 82) \tD\03~~COC:l\2>_~O (Lot 122)
\~lC")3~~~.NY'\ (Lot 83) \<..o'D3~\4.c:co (Lot 123)
(Lot 115) \u:>\O~3~D\~.~Lot 125)
\\.p\C\:;::a.~c::c~.C:cC\ (Lot 117) \lJ:.I("").~.~\I..C::Cb(Lot 126)
llr,\D.'!.~.~ (Lot 118)
PRIOR INSTRUMENT REFERENCE: Deed dated March 3, 1999, and recorded on March 12,
1999 as Instrument No. 9909915390 in the Hamilton County, Indiana records.
..
w
Q
Parcel Three
Being all of Lot Nos. 133, 134, 135, 136, 138, 139, 140, 141, 144, 145, 146, 147, 155, 156, 157,
158, 179, 180, 181, 183,211,214,216,217,219,222,223,224,228 and 236 of The Lakes at
Hazel Dell, Section One, as shown on the secondary plat thereof, recorded as Instrument No.
19~909944846, Plat Cabinet 2, Slide 295, in the records of Hamilton County, Indiana.
Tax Parcel Nos.: \ ~\~u.t::c::(:)~C::C\. C:::J:::O
~Lot 133) \\.D\o~~\.CCI::::> (Lot 158)
\Lc>\D2,U.N~~.CCD (Lot 134) \c,.\a.,~rr<i.""C'r::~i\.CCC (Lot 179)
\lo\D~UC:C:d.~~.~ (Lot 135) \\.,o\(").z.uN"'(-i~~.I'Y'(-.., (Lot 180)
\le>\b ~tt'N~.c:cQ (Lot 136)\ ~\D3.\c:ol'{,,~.coa (Lot 181)
\~\D3U.ccClo~.c::ec (Lot 138) \lD'e::..30..~~\.l"'N'\ (Lot 183)
\~\b3l.\Nvv,CC:)"\.~ (Lot 139) \In\C'\ &...\~&3..c:co(Lot 211)
\~\a~N""'C'i .....N"'R.l""lY'\ (Lot 140 h \a\ 03/.\ C"1--N ...r',:~, cca (Lot 214)
\ u>\D~'-\c;:(:)D.o~.~Lot 141) \u.K~3~N""i"'{,.r....?-&.(~(Lot 216)
\ lD\D 3.l.\N'N.....D\Ci>.l"lY""I (Lot 144) \~\D~~D3~.c:c.c (Lot 217)
\1..o1634~_C\3.tca (Lot 145)\\,.p\aou.~L.,()I.\\. ~ (Lot 219)
\\.o\D ~I.\('Y'''(A::C>\L\.('('() (Lot 146) \~\D3L\~u...C:CX:.::l(Lot 222)
\lo\D~l\.N::ri"D\.S.C::CO (Lot 147) \\.,p\D~U.~"5.C:Cb (Lot 223)
\td~~t.\N~,.,b\&.('{"'('") (Lot 155) \\.o\C~Ur~Cj.l..lr,.N"'t"'\ (Lot 224)
\~\D~~\q.c::ca (Lot 156) \'-o\D31.\~~ .CY"tdLot 228)
\lD\D~u..C:Dc::i.D~.t:CD (Lot 157)\~\D~U,CCN~~.~ (Lot 236)
u
-I
.
I
-J
-I
I i, \\(J
~E3 .~.
J/TI\\'- ~\W,?> II
f-L -_uL ~~~ e
)39 .01-- ~ ~ ---==
- ~ ~I~::..
-.'1 -~;.= -,\31=1 = --.
d ,-tYj -=--= ~ --..
t= ~~~. -:~-~<}~-If'~~rf~?' \
I Ie.-. 1 ! "~,.(:J ~-
-'. ~l= ~3~))-~ x-\17R~ =- -
~~ /~ =t~y>' r= ~
-'.), -i 71'-~' II '( I I II v '----
. ~V 1...' I I I I T I I \ \.""
J/: I-IT
1 )' , . 1 I II 1)1--
:,1J~ if ~II\A
- '] -,:l.L tf~: i ~
: ~J.-1...-t b i ; iI ?I
I, TjE 1= ~ 1=' V IT 1
t ~ S t=;:: I I I U II ~
~ - ~__r t-- VTI T !
. :: ~ QN ~ "',VI ~
], fl=lf;~~RlMo/: \
Plolir ~~ \\ i r;)
HAZEL DELL PARKWAY ~.
----
-
u
.
.
I
I
i 11 26th Street I
---- }::~
-
i--j
~
~\~-
'. ~~:;..- -
. -' \ ...-
\../ -.....--
\ -.
\-.-
- 'l~L---
'--- :
. -
- II: .'
~l.--~ L! /
...... "
IK~
AREA MAP : 1
,~~ L
~
[:7"'
~/
I I
I
~
I
iL
I
i
I
I
I
..,~ !
I ~
I I I '\ ~
Lllh
IE r-,~ CV
----------,
C)
J
.,6Ih SIU[U .........
:::~ :=''::'':':~'ii:'::, ~ '~;:J
.'."
.J
..I -Z
W 0
-
Q ~
\J 47
0
-J 48
.J -I ~ ..
49 ;
~ ~ 101
W 15 50 is
" z
~ ~
u
N 51 ~
c(
:t:
l-
ce
tJ) I 79
, \25
W 80 ...
'"
W \24
8\ s!
~ -~- e IIARSIf
I 82 ;
cC 83
.J 86 85 84
W
:J:
i-
17r.lh SIA[( I
CI)lIU~ AR[A
16\ 162
175
\76
;
167 168 169 'JI 177
S
PUlllU ~NW. WAY
228 227 226 178
~
I 179
:m 224
CArt WAT
216 m
212
211 183
l:I
COIUOI AReA ~
210 184
209 ~ 18S
-~-
208 186
, --\
.-' ,<.
-\ .._. L J!;l
25;\ =5~ \'~:> \ ___
\ \ .-......
. ------
..-.-
'V ~---
c:::::=_~_~~r-';
~
,280
(
-
-
--.. ,
-
-
C~L/CLAY BOARD OF ZONING AP~LS
CARMEL, INDIANA
Docket No.:
SUA-
-01
Petitioner:
Drees Preferred Collection. Inc.. an Ohio Corporation d/b/a. Zaring Premier Homes
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does not) apply and all
prerequisites have been met by Petitioner as verified by prior approvals and applicable building permits obtained for
the residential community known as the Lakes of Hazel Dell. No new or additional work is proposed.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /
Clay Comprehensive Plan because no new or additional development is proposed. The existing residential
community is a permitted land use in the S-1 zoning district. and is consistent with the character of the zoning
districts and with the Carmel / Clay comprehensive plan.
3. The Special Use is Physically suitable for the land in question because the residential community is existing and was
previously approved. Other subdivisions located within the iurisdiction of the Carmel / Clay board of Zoning
Appeals with similar facilities are not required to provide a lifeguard when the pool is open to residents.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
~ No new development is proposed bv this petition:
b. The Carmel / Clav Zoning Ordinance does not require a lifeguard during the hours of operation of a private
swimming pool:
f.:. Neither State nor Health Department regulations require a full time lifeguard at a pool of less than 2000 square
feet:
!l The requirement to provide a lifeguard for the swimming pool is creating a an unnecessary administrative and
financial burden for the Lakes of Hazel Dell Homeowners' Association: and
~ The swimming pool is a private recreation amenity for residents of the Lakes of Hazel Dell onlv. and is not open
to the public. therefore. adiacent land or property values will not be impacted in any manner.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,
sewage, or storm drainage facilities, or police of fIre protection because the development. and its facilities. already
exist.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use,
and does not fmd that those criteria prevent the granting of the Special Use.
DECISION
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Special Use Docket Number
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
,2001.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (petitioner or
his representative to sign).
::ODMA\MHODMA \INIMAN2;296186; 1
u
o
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
SUA-
-01
Petitioner:
Drees Preferred Collection. Inc.. an Ohio Corooration d/b/a. Zaring Premier Homes
FINDINGS OF FACT - SPECIAL USE (Ballot Sheet)
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does not) apply and all
prerequisites have been met by Petitioner as verified by prior approvals and applicable building permits obtained for
the residential community known as the Lakes of Hazel Dell. No new or additional work is proposed.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /
Clay Comprehensive Plan because no new or additional development is proposed. The existing residential
community is a permitted land use in the Sol zoning district. and is consistent with the character of the zoning
districts and with the Carmel / Clay comprehensive plan.
3. The Special Use is Physically suitable for the land in question because the residential community is existing and was
previously approved. Other subdivisions located within the iurisdiction of the Carmel/Clay board of Zoning
Appeals with similar facilities are not required to provide a lifeguard when the pool is open to residents.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
~No new development is proposed by this petition:
~ The Carmel/Clay Zoning Ordinance does not require a lifeguard during the hours of operation of a private
swimming pool:
~ Neither State nor Health Department regulations require a full time lifeguard at a pool of less than 2000 square
feet:
d. The requirement to provide a lifeguard for the swimming pool is creating a an unnecessary administrative and
financial burden for the Lakes of Hazel Dell Homeowners' Association: and
~ The swimming pool is a private recreation amenity for residents of the Lakes of Hazel Dell only. and is not open
to the public. therefore. adiacent land or property values will not be impacted in any manner.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,
sewage, or storm drainage facilities, or police of fire protection because the development. and its facilities. already
exist.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use,
and does not fmd that those criteria prevent the granting of the Special Use.
DECISION
DATED THIS
DAY of
. 2001.
Board Member
::ODMA\MHODMA\INIMAN2;296186; 1
)
-
'-
-
Oi
...:
.-
.-
.-' -....-..-
36.05'
--.....-- '
==:=L---;-;;"l ,.
~--- '-'1'
// II ~
/ 'I !.....
1, 11Q
~~=-~JJ
;T;f...._._-- .
(If ' 1f-mo:J
III II
III I \
l\~ \ \\
l~.~ \ ~
\ l., .' \\ \ \
\.y .\. \ \
I
".
~.~~~''''~~-~~._.~(
" ' ....,
" '-
.... ~.--
, ''''... .
~ '\. ~-~- ~
" -.--
:--.......-
"",,--- ~ -.-
""'" --'0
...~_.
......--..-...::::.
C
....
4'
~
co.
POOL DEC\{
N01E: l PL~S fOR POOL ).REfl..
SEE ~RC\'\\~g~~~C\NG OE1~\lS
BU\lO\NG ~'n .. '5'
POOL
PA V1LLON
F.F.E.= 757.5
/
\
'i(.\"U
'i(.r ,
\)> '0
'i(.L
11
~t)
l
L=~
pOOL
,
75' x25
.
i<
NOTE:
SEE ARCHITECTURAL PlANS fOR BASKETBAlL "
GOAL AND COORT STRIPING DETAilS
/
I
/
I
/
/
I
/
/
I
/
/
....
/ ':--,
,
I
/
I
/
/
/
/
/
/
/
I
I
i
I
I
I
,_-1
\
\
\
\
,r~. .
-.
.....
t. -..
....."e
. <::,n
06J~
('--"'C" '. 0~
\\ ,.,.:::::::/
'.....~.
1999099&9&20
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 12-03-1999 At 09:40 am.
MISC 14.00
COMMITMENTS CONCERNING THE USE
AND DEVELOP:MENT OF REAL ESTATE
ZARING HOMES OF INDIANA, L.L.C. and FIRST CINCINNATI LAND, LLC (hereafter
collectively "Owner"), the Owner of the real estate located in Hamilton County, Indiana, and
described in Exhibit "An hereto (hereafter "Real Estate"), make the itments to the
Board of Zoning Appeals of the City of CarmeL Indiana (her !/{JL~(i~t;~;i"Vir:J':'
. 'Ei-I C' if l/ li,l if I
lJ 10 ';~;
baeD .
1.
2.
Docket No. SU-37-99
Statement of Commitments:
A. The swimming pool to be located upon
of 25 feet in width by 75 feet in length (Ii
B. A life guard will be present at the Swimming Po g all hours when the
Swimming Pool is open to the residents of the residential community known
as Lakes at Hazel Dell and to be constructed upon the Real Estate.
3. Binding on Successors and Assigns. These Commitments are binding on the Owner
of the Real Estate, each subsequent owner 'Of the Real Estate, and each other person acquiring an
interest in the Real Estate, unless modified or terminated by the Board. These Commitments may
be modified or terminated only by a decision of the Board made at a public hearing after notice as
provided by the rules of the Board.
4. Effective Date. The Commitments contained herein shall have as the effective date
the 23M day of August, 1999.
5. Recording. The undersigned hereby authorizes the Secretary of the Board to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana, following the
Effective Date.
6. Enforcement. These commitments may be enforced by the Board.
Executed this II day of /'f U V
. 1999.
By:
'II ~
ZARING HOMES OF INDIANA, L.L.C., an
Indiana limited liability company
By: ZARING HOMES, INC., an Ohio
corporation,~ember
FIRST CINCINNATI LAND, LLC
an Ohio limited liability company
By:
CARMEL/CLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
SUA-63-01
Petitioner:
Zaring Homes of Indiana. LLC
FINDINGS OF FACT - SPECIAL USE AMENDMENT (Ballot Sheet)
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does not) apply and all
prerequisites have been met by Petitioner as verified by:
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel I
Clay Comprehensive Plan because:
3. The Special Use is Physically suitable for the land in question because:
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,
sewage, or storm drainage facilities, or police of fire protection because:
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use,
and does not fmd that those criteria prevent the granting of the Special Use.
DECISION
DATED THIS
DAY of
.2001
Board Member
::ODMA\MHODMA\INIMAN2;S42762; 1
I
/(
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
SUA-63-01
Petitioner:
Zaring Homes ofIndiana. LLC
FINDINGS OF FACT - SPECIAL USE AMENDMENT (Ballot Sheet)
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does not) apply and all prerequisites
have been met by Petitioner as verified by prior approvals and applicable building permits obtained for the residential
community known as the Lakes of Hazel Dell. No new or additional work is proposed.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay
Comprehensive Plan because no new or additional development is proposed. The existing residential community is a
permitted land use in the S-1 zoning district. and is consistent with the character of the zoning districts and with the Carmel /
Clav comprehensive plan. .
3. The Special Use is Physically suitable for the land in question because the residential community is existing and was
previously approved. Other subdivisions located within the iurisdiction of the Carmel/Clay board of Zoning Appeals with
similar facilities are not required to provide a lifeguard when the pool is open to residents.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
!h No new development is proposed by this petition;
b. The Carmel/Clay Zoning Ordinance does not require a lifeguard during the hours of operation of a private swimming
pool;
f. Neither State nor Health Department regulations require a full time lifeguard at a pool of less than 2000 square feet;
d. The requirement to provide a lifeguard for the swimming pool is creating an unnecessary administrative and fmancial
burden for the Lakes of Hazel Dell Homeowners' Association: and
~ The swimming pool is a private recreation amenity for residents of the Lakes of Hazel Dell only. and is not open to the
public. therefore. adiacent land or property values will not be impacted in any manner.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage,
or storm drainage facilities, or police of fire protection because the development. and its facilities. already exist.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and
does not fmd that those criteria prevent the granting of the Special Use.
DECISION
DATED THIS
DAY of
, 2001
Board Member
::ODMA\MHODMA\INIMAN2;S42768; 1