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Conn, Angelina V
Conn, Angelina V
Wednesday, September 20,200612:34 PM
Tingley, Connie S
Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B;
Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N;
Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R; 'Carrie Fleig'
Subject: Docket No. Assignment: (V) Shelborne Greene, See 1 , lot 13 (#06090033 V)
Attachments: BZA Public Notice Sign Procedure.pdf
From:
Sent:
To:
Cc:
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V)
Shelborne Greene, Sec 1, lot 13. It will be the following:
Docket No. 06090033 V
Total Fee:
$133.50
$133.50
Shelborne Greene, Sec 1, lot 13
The applicant seeks the following development standards variance approval for a pool/deck
to encroach into the rear yard setback and easement:
Docket No. 06090033 V Chapter 25.01.01.C.8(a) pool setback
The site is located at 3591 Inverness Blvd. and is zoned R-1/Residence.
Filed by Mark and Carrie Fleig.
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Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, October 13. Published notice
is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is
also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 20.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, October 13. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the November agenda of the BZA.
5. This Item will appear on the October 23, 2006 agenda of the Board of Zoning Appeals Hearing Officer
under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of
the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Ms. Fleig can be contacted at 824-0648 (phone) or email: carrie@f1eigs.com.
Department's Review Comments: petitioner. please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:45 p.m. It is suggested to
send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-
7163 or email: publicnotices@indystar.com).
2.) Provide filled out Notice of Public Hearing (page 5 of the application).
3.) Provide filled out and notarized Affidavit and Petitioner's Public Notice Affidavit (pages 4 & 6 of the
application).
4.) Please provide filled out and notarized placement of public notice sign affidavit.
5.) Please make checks payable to the City of Carmel.
6.) Please showllabel the distance the pool/deck encroaches into the 20-ft easemenU20-ft rear yard setback.
7.) 'Consent to Encroach' approval is required from the City Engineering Dept and/or the Hamilton County
Surveyor.
9/2012006
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8.) Please provide images or a spec sheet of the proposed pool/deck.
9.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's office.
10.) Please provide an area location map, showing the nearest major roads. For example, you can use Google
maps online.
Thank you.
Angie Conn, Planning Administrator
9120/2006
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
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DEVELOPMENT STANDARDS VARIANCE REQUEST . --I :1 tj :;:~ s:::., \-
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each ad~~~~ ~i~ the /
ordinance being varied. -~?<. j, I/,
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinan~/~il)g,Varie6.
OR see Hearing Officer Fees ,---._...,.--~'/'
DOCKET NO. Ololflrt) ~7::> V DATE RECEIVED: q - LO -o(()
1) Applicant: (Yidt' K or Cfi rrlt.- F/tl'/3
Address: \ 1;,5 q / T Y1 V ~Y' n (1-[;.5 r6 / Vii
1. __..J .. t /
Project Name: I r14..(fJl Y VJl ~ vi / (l1 (Y11 #11 DIJI)
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Engineer/Architect: lit J1t<lltJ /AI V1
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APPLlCA nON FOR BOARD OF ZONING APPEALS ACTION
(l111'11(~1 I TN 1100r1~
00{ q ~ () 11I4 Y
Phone:
Phone:
3)
Attorney:
Applicant's Status: (Check the appropriate response)
+ (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
Phone:
C a ((~. e..@?. C l~ {5 ~ . ~
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner ofthe property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No.llnstrument No. IJ 90 14 /0/ dill
Page: Purchase date: F tJ;. /1. / (p) / CJ q r
6) Common address ofthe property involved: ,,~~q / "Ir1 Vfh"nf/ S.s {j I 'lei J C (lr/lf.q/ } TAl
Legal description: LOT /3. /n \. 9N Jforne Grt71?1')~) +!If)-~ iI/j h lan.d S
Tax Map Parcel No.: . 1/- I ~ -0[3- 0/ - 0 ,- b 25. OG()
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the CarmeVClay Zoning Ordinance that applies and/or creates the need for this request).
~6'.., wiD'" if} i"5tof/ Cln l~r(JLind ftYJ! V\.Jhlch Vjnu.td
enf'J"OQfl}, 10/ in'tfJ flr,o t7(}~rxrtl1+ !t1 /J/Jr F As{ vard,
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(-Ala {)/-()~r d~f:. 01 . ()/ ' .{! I V, a
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Page 1 of 8 - z:lsharedlfonnslBlA applications\ 0ewI0pment Standanls Valiance Application rev, 01103/2006
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State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
J]1aJ tZ.;<+rd lot \JJ{JlJ Id tlllow fhRJ' ()/)()/ IJll1ro.n1.v11f . +tJ & at CJ<..,
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:.&.f'or 11M rA('}('(2, f1Ttmr-tlve d/j6f~I1(,~ frnY)1 +AtZ /'lt1IL)~.1
Present zoning ofthe property (give exact classification): res i dl?,n+/a I
Size of lotlparcel in question: "rrp~l1lar JlJqlX '19/)( 1/ItJ/x IO//.fiefeS
rp-6 idl?J/J'f/al - (Z-- \
'id t ld L~..I
Describe the proposed use ofthe property: \tJ I 1 r~."){a I YI 1YZ../5 1f?.J11-a..a.J
9)
10}
11}
12}
Present use of the property:
13}
Is the property: Owner occupied
Renter occupied
Other
x
.
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.
\)llhdiV/[j'ilJJ1 {'LJVellanf5: ptJtJ! ('tfus-f hI?- //J'j'OI1i1d ),
.:fe.na:: YY\U5+ hI"; O('Il(i/1(pn+ol iron fl(j lI1.()f~' +110 n </ / h'jA
15} Has work for which this application is being filed already started? If answer is yes, give details: t1()
Building Permit Number:
Builder:
16} If proposed appeal is granted, when will the work commence?
ftf'ir / / 02Cd/
17}
If the proposed variance is granted, who will operate anellor use the proposed improvement for which this
application has been filed?
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NOTE: LEGAL NOTICE shall be published in the IndianaDolis Star 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 MAIL - 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 LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC. HEARING DATE.
The applicant understands that docket numbers will not be assianed until all SUDDortina information has been submitted to
the DeDartment of Community Services.
Page 2 of 8 - z:\shared\tonns\BZA applications\ Oewlopment Standards Variance Application rev. 01/0312006
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
fY'.-111'1< 11 fld C &I r F"I';) F / t?J j
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
Tho t:n(jl \fJ~/ILft:
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IJ U to 11t.(11/' ('J .-'i1.f(l+Y
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2.
The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
rAp- ~rrflY'e pfl{jt!c+ \AI/I) l\~ /(/ -fmvw 41/pm,lJer+y //ine.S
and hlll!"- flY) l1~m t!../lre fininhpd /()t'}/( t^!lfh ,+^~ t1~P: of
.J~{'f)f'nI/vP.\ 6+/JfI(~d C/JnC/'Pfe an/'J I)r;vac rI. /l1nd{t;rI1{)/n~
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The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties In the
use of the property because:
Thl' f'Y" would All.'" ..1/0 ~ rplar~d +1JtJ1 {lJ/1~~+rJ -hAp. ht'JllSP
fl'Jr<)sj hJy (JOfli,o/'()nll':siI?3 -fAe f(JIJ ;vJ.afion and \M'(),uld
hav~ 11 ('.JY) ntf>'~.), {lV}nfff'(l/jf;vp! appp-o ral1(Y?: I
DECISION
3.
IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Development Standards Variance
Docket No. 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
,20
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8 - z:\shared\fonnsISZA appIlcations\ OewIopment Standards Variance Application rev. 01lO3l2OO6
AFFIDA vir
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.
Signed"
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rYltLt){ ...- (ldf'r;e
(Please Print)
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STATE OFINDIANA
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County of
f-hLty), H-o h
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
1-\0. ml" I-M h
County, State of Indiana, personally appeared
(Notary Public's county of residence)
rnM IL ~ C{,LVVle F lei~
(Property Owner, Attorney, or Power of ttorney)
and acknowledge the execution of the foregoing instrument this
;2.{D
day of ~--km bev-"
, 20 0 (p
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Notary Public-Signature
(SEAL)
\evv\ Sm;-tk
Notary Public-Please Print
My commission expires: 6 I ~l l 04
Page 4 of 8 - z:\shared\fonnSISZA appIications\ Development Standards Variance Application rev. 01103/2006
200600053899
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
09-11-2006 At 01=05 PM.
EASE Ne .00
STATE OF INDIANA )
)
COUNTY OF HAMILTON)
NON-ElD'ORCEMRNT OF DRAINAGE
EASRVRNT ON DmIVIDUAL TRACTS -----"
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. . oc~~CE1/1t/)'
52006
BEFORETBEHAMILTON ". " lJOCS
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COUNTY DRAINAGE BOARD. '"
Atthe'request of rlttar;1 "t('lJ.rri~ F/i2.::J The Hamilton County Drainage Board
considered the extent of the drainage easement on t 0hG { hnrf\€ Gro e^ (L Drain on
parcel number 11-/t; - 0 f -OJ -IJ 7 -():;{."'1_ ()I')t'). Shelborne Greene 1st Lot 13. :
The leGal descriptionfor this parcel is found in Deed Record Page or instrument
number '1'1 () 91/ () , ;( 117 in the Hamilton County Recorders Office. The undersigned owners of
rec.ord hereby agree and covenant with this Board that:
Neither the Hamilton County Drainage Board nor any contractor or workman operating under
the authority of said Board will be liable for damages resultingfrom constructio.n, reconstruction or .
maintenance of the ab011e named drain at said location, whether to the real estate or impr011ements
thereon, and said owners, their grantees and assigns do release and agree to hold the Board
harmless from any such damage. **DIIIIIIlge8 to paid by the ltmd owner**
The Board will not eriforce the easement beyond a distance of ] q feet from the wes+ side
ef~t'8]1 Dfktil1lk/ center line of the tile of the said ditch / drain at that location.
The Board will not object to the impr011ement of the said real estate at a distance beyond the
eriforced portion of the easement.
OTHER CONDmONS
,J .\1 i J);f.mi1'l ; p do J
AGREEMENT WILL BECOME EFFECTIVE UPON RECORDING.
DATEDTHIS~DAYOF Seotemher- 20(J!o
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. ~s7GEOOARD
OF DRAINAGE BOARD
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MEMBER OF DRAINA E BOARD
~aA;' J&j
APPlJCANT
-Do..r K f/~../q 'r {~r r/e.. F/€./j'
PRlNTED NAME J
Prepared by the Hamilton County DmiDage Board
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taken rasonabIe ~ to redIct each Social Security I Adobe PDF FlII8ble Fonn I
~iD dDs_Jr_iM by~"
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Statement of Support
Mark and Carrie Fleig
3591 Inverness Blvd, Carmel, IN
We initially investigated installing the inground swimming pool in the portion of our rear
yard not affected by easements. We quickly discovered several disadvantages to this.
1. The pool would have to be several feet smaller, rendering it quite small for a
family with 3 growing boys.
2. The placement of even the smaller pool would be unattractively cramped against
the house and would not make sense with the shape of the yard or landscaping.
3 . We would not have room for an adequate amount of concrete decking around the
pool, giving it a claustrophobic feel within the fence.
4. The pool would have to be placed so close to the house, we feared it may
someday compromise the integrity of the house foundation.
By allowing us the ability to use 10 feet of the 20 foot rear-yard neighborhood easement,
we would be able to provide an area that is more attractive and structurally secure. We
understand that the 20 feet easement was established by our neighborhood. This 20 foot
section of our rear yard contains no utilities. Our utilities are all contained in our front or
East yard. Also, the drainage board has cleared the proposed project as in no way
interfering with drainage or access to drainage pipes.
We plan to do out best to ensure a safe swimming area
1. The pool and concrete deck will be surrounded by an ornamental iron fence
according to the covenants of our neighborhood and will have a self locking
safety gate.
2. We plan to cover the pool with an automatic safety cover to provide an extra layer
of safety and reduce maintenance concerns.
One of the reasons we chose to live in our current location is the beauty of the golf course
that continues beyond our rear yard. We plan to do the following to ensure the pool area
will blend with and contribute to this beauty.
1. Install a custom inground pool with a decorative vinyl liner.
2. Surround the pool with decorative, stamped concrete.
3. Install a decorative iron fence that will not exceed 4 feet in height.
4. Surround the fence with landscaping to blend the pool area with its surroundings
and to provide our neighbors with privacy.
We have personally spoken with our surrounding neighbors and encountered no
objections, only support for the project.
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BENCHMARK SURVEYING, INC.
Donn M. Scotten. Registered land Surveyor
9093 Technology Drive,. Suite 1-04 - Fishers, Indiana 46038
(317) 841-1506
Plot Plan
Reig Residence Z~;J
3591 Inverness Boulevard
Auaust 27, 1998
House TyPe: Tanglewood A
~ Iriver.ness Bl
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Proposr:d Residence
rIlL fir. EleY.. = 1193..-4
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NOTE:
IF BUYER CHOOSES TO HAVE SOlI INSTAU..ED,
4B5 SlDS. wu. BE REQUIR(D..
Scale: 1- = 20'
Property Description:
t.ot Number Thirteen (13) in SHElBORNE GREENE, SEClION 1,
on Addition to the Cityj of Carmel in Hamilton County, Indiana, os per plot thereof recorded
as Instrument Number ~5-60989 in the Office of the Recorder of Hamilton County, Indiana.
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3591 Inverness Blvd
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Zoned 8-lIResidence
Shelborne Green, Section 1, Lot 13
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3591 Invemess Blvd
She1borne Greene, Section 1, lot 13
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