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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each\~f2i
ordinance being varied. '$.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the orM;
OR see Hearing Officer Fees
DOCKET NO. O~ " /)t:JOll
DATE RECEIVED:
1) Applicant: "Beclzer H-OVlA-es, btj MClttlttew s. sReltoV'v, AIC"P, 5s'q., "BClRer 9 DClV'v~els', LL"P
Address: GOO 5ClS,t3Gtltt street, su~te GOO, IV'vGl~ClV'vCl-pol~s', IN 4G240
2)
Project Name: yorRtowV'v WOOGlS,
Engineer/Architect: V'v/Cl
Attomey: MClttlttew s. SReLtOV'v, "BClRer 9 DClV'v~els', LL"P
Phone:
Phone:
Phone: 3ir.5G3.4??35
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
x.
(b) The applicant is the contract purchaser of the property
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
. yorRtowV'v WOOGls', LLC
Owner of the property Involved:
Owner's address: 55 MOV'vuVlA-eV'vt C~r ste 20i, IV'vGl~ClV'vCl-pol[s' 4G204 Phone:
5) Record of Ownership:
Deed Book No./lnstrument No.
Page:
Purchase date:
yorRtowV'v WOOGls, s'ubGl~v[s'~oV'v
6)
Common address of the property involved:
Legal description: s,ee ClttCltltteGl.
Tax Map Parcel No.: ir-iO-i3-o0-iO-034.000 (s'-pet~f~t -pClrcel of -pwpos,eGl s'~gV'v LOCClHoV'v)
7)
State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
oV've (i) VClr~ClV'vce [s, req ues,teGl froVlA- setHoV'v 25.0r.03-Oi (e) to ClLLow for Cl s'ubGl~v~s'~OV'v
cOV'vs,truct~oV'v s'~g V'v to be locClteGl CIS, s,lttowV'v OV'v tltte ClttClcltteGl s,~te -plCl V'v.
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findinos of Fact-Development Standards Variance").
see ClttClcltleDl 'f~Vl-Dl~Vl-gs of fClct-DleveLo-pVVteVl-t stClVl-DlClrDlS VClr~ClVl-ce'.
9)
10)
11 )
12)
Present zoning of the property (give exact classification): R1- ReS~DleVl-HCll
Size of lot/parcel in question: yorRtowVl- WOODIS subDl~v~s~oVl- ~s Cl totCll of 1.2.40
Present use of the property: -plCltteDl reS~DleVl-HCll Vl-e~g ltlborltlooDl
Describe the proposed use of the property: res~DleVl-t~Cll Vl-e~gltlborltlooDl
acres
13) Is the property: Owner occupied
Renter occupied
Other x - s-pec~tw -pClrcel Ls HDA CQVVtVVtOVl- Clreel
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.
NO.
15) Has work for which this application is being filed already started? If answer is yes, give details: No.
VI-/Cl
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
IA.-pOVl- Cl-p-prOVCll of Cl-p-pro-pr~Clte s~gVl- -perVVt~t.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
B.wzer HoVVtes.
NOTE: LEGAL NOTICE shall be published in the Indianapolis 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 assioned until all supportino information has been submitted to
the Department of Communitv Services.
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
1SeClzer rtoVlAes btJ MClttl1ew S. Si'<,eLtoV\" Ssq.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS
DAY OF
,20
Board Member
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
B.etllzer H-oVVl-es. btJ MtIlttlttew s. sfzeLtoll\" 5s.q.
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:
tltte s.~gll\, s.~ze w~LL VVl-eet tltte Oro1~lI\,tIllI\,c'e tIllI\,o1 tltte -pro-pos.eo1 Loc,tIlt~oll\, of tltte s.~gll\, w~LL ltteL-p to ex-peo1~te
tltte o1eveLo-pVVl-ell\,t of tltte lI\,e~glttborlttooo1.
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:
tltte lAs.e tIllI\,o1 o1es.~gll\, of tltte s.~gll\, ~s. -perVVl-~tteo1 w~tltt~1I\, tltt~s. -pro-perttJ's. zOIl\,~lI\,g dtlls.s.~f~c,tIlholl\,. The
-pro-pos.eo1 Loc,tIlt~oll\, of tltt~s. s.~gll\, w~LL tIls.s.~s.t ~II\, ex-peo1~HlI\,g o1eveLo-pVVl-ell\,t of tltte s.lAbo1~v~s.~OIl\, res.IALt~lI\,g
~II\, tIl s.lttorter -per~oo1 of HVVl-e for tltte ~1I\,c'oll\,vell\,~ell\,c'e tIl 11\,01 ~VVI--ptll C,t of C,OII\,s.trlAc,t~oll\, tIl c'Hv~ttJ.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the orooertv because:
tltte Oro1~lI\,tIllI\,e,e wOIALo1 tIlLLow tIl s.~gll\, to be Loc,tIlteo1 tilt etllc,ltt of tltte two (2) ex~s.t~lI\,g s.lAbo1Lv~s.~oll\,
ell\,trtll lI\,c'es.. SIAC,Vl s.~g 1I\,s. wOIALo1 oll\,LtJ be v~s.~bLe froVVl- tltte retA r of tIl II\, ex~s.hll\,g lI\,e~g ltt borlttooo1 (Loc,tIlteo1
to tltte lI\,ortltt) tIllI\,o1 froVVl- tIllI\, IAlI\,o1eveLo-peo1 -ptllrc,eL (Lowteo1 to tltte etlls.t). The ~lI\,tell\,t of tltt~s. s.~gll\, ~s. to
~o1ell\,hftJ tltte s.lAbo1~v~s.~OIl\, froVVl- tltte oll\,LtJ tVlOrolAglttftllre tIlo1jtllc,ell\,t to tltte o1eveLo-PVVl-ell\,t, KetJs.toll\,e
Avell\,lAe.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay 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, 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).
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EXHIBIT A
YORKTOWN WOODS
LEGAL DESCRIPTION
Inst. No. 9559886
A part of the North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4
East, more particularly as follows:
Beginning North 89 degrees 14 minutes 55 seconds East, 1440.16 feet East of the Northwest
comer of said North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4
East at a point on the East right of way line of State Road #431 and on the North line thereof:
thence continuing North 89 degrees 14 minutes 55 seconds East on and along the North line of
said Quarter Section 1110.33 feet to a round stone: thence South 00 degrees 16 minutes 40
seconds East 623.00 feet to an existing iron pipe and the North right of way line of the
abandoned Traction Company right of way; thence South 65 degrees 37 minutes 15 seconds
West 422.90 feet on and along the North line of said abandoned right of way line to the Easterly
right of way of State Road #431; thence North 50 degrees 39 minutes 55 seconds West 155.25
feet; thence North 44 degrees 00 minutes 05 seconds West 300.00 feet; thence North 42 degrees
16 minutes 55 seconds West 100.04 feet; thence North 45 degrees 35 minutes 10 seconds West
108.44 feet; thence in a Northwesterly direction 189.93 feet along an arc deflecting to the right
and having a radius of 5679.6 feet and subtended by a long chord having a bearing of 43 degrees
02 minutes 35 seconds West and a length of 189.93 feet; thence North 34 degrees 48 minutes 35
seconds West 219.31 feet to the North line of said Southwest Quarter and the place of beginning.
EXCEPT that real estate conveyed to Board of Commissioners of Hamilton County per
Warranty Deed recorded as Instrument #200100073740 in the Office of the Recorder of
Hamilton County, Indiana.
Containing after said exception 12.40 acres, more or less.
Subject to and Easement for water lines granted to The City of Carmel by Instrument recorded
July 31, 1985, in Book 3, Pages 39-41 as Instrument No. 85-010715 in the Office of the
Recorder of Hamilton County, Indiana.
Subject to an Easement for utilities granted to The City of Carmel, Indiana, an Indiana Municipal
Corporation by Instrument recorded July 3, 2003, as Instrument No. 2003-64122 in the Office of
the Recorder of Hamilton County, Indiana.
Subject to all other legal easements and rights of way of record.
SOOSOI 4575498vl
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BAKER &: DANIELS LLP
PROPEllTY OWNER CONSENT FORM
1he UIlderatped, y~ WoadB, LtC, ..., IIUthodzc8 BAKER . DANISLS. LLP ad
BBA.Z.d.HOMES to file 111 ~__ for a ~ CGIIIWW:Ii. sip vaillLCl(I) ad
8II1IMquIm flip pIDDit lIPPIOval(I) wida tbe City of Carmel, B'aJIIiltua cowq. ~- 1D include
PJ.1a1'8ftY GWDIMlby YoD.1owD Wo. LLC witWIa .. Yod3owD Wood$ IIIlWiWioD. IS described
o...r
JI'k~~~
PIopertJ Owner ndc
~OWDIrS......
PIDpe&ty Oumer Tide
1/'7~
Dele
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EXHIBIT A
YORKTOWN WOODS
LEGAL DESCRIPTION
Inst. No. 9559886
A part of the North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4
East, more particularly as follows:
Beginning North 89 degrees 14 minutes 55 seconds East, 1440.16 feet East of the Northwest
comer of said North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4
East at a point on the East right of way line of State Road #431 and on the North line thereof:
thence continuing North 89 degrees 14 minutes 55 seconds East on and along the North line of
said Quarter Section 1110.33 feet to a round stone: thence South 00 degrees 16 minutes 40
seconds East 623.00 feet to an existing iron pipe and the North right of way line of the
abandoned Traction Company right of way; thence South 65 degrees 37 minutes 15 seconds
West 422.90 feet on and along the North line of said abandoned right of way line to the Easterly
right of way of State Road #431; thence North 50 degrees 39 minutes 55 seconds West 155.25
feet; thence North 44 degrees 00 minutes 05 seconds West 300.00 feet; thence North 42 degrees
16 minutes 55 seconds West 100.04 feet; thence North 45 degrees 35 minutes 10 seconds West
108.44 feet; thence in a Northwesterly direction 189.93 feet along an arc deflecting to the right
and having a radius of 5679.6 feet and subtended by a long chord having a bearing of 43 degrees
02 minutes 35 seconds West and a length of 189.93 feet; thence North 34 degrees 48 minutes 35
seconds West 219.31 feet to the North line of said Southwest Quarter and the place of beginning.
EXCEPT that real estate conveyed to Board of Commissioners of Hamilton County per
Warranty Deed recorded as Instrument #200100073740 in the Office of the Recorder of
Hamilton County, Indiana.
Containing after said exception 12.40 acres, more or less.
Subject to and Easement for water lines granted to The City of Carmel by Instrument recorded
July 31, 1985, in Book 3, Pages 39-41 as Instrument No. 85-010715 in the Office of the
Recorder of Hamilton County, Indiana.
Subject to an Easement for utilities granted to The City of Carmel, Indiana, an Indiana Municipal
Corporation by Instrument recorded July 3, 2003, as Instrument No. 2003-64122 in the Office of
the Recorder of Hamilton County, Indiana.
Subject to all other legal easements and rights of way of record.
BDDBOl 4575498vl
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YORKTOWN WOODS
SITE PLAN
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CITY OF CARMEL ZONING ORDINANCE
25.07.03
Temoorary Sie:ns.
Temporary sign permits can be issued for no more than one (1) year's duration, but may be renewed,
unless otherwise prohibited.
25.07.03-01 Subdivision Construction Sie:ns.'6
a) SIGN CLASSIFICATION: Ground Sign.
b) NUMBER & TYPE: One (1) sign per entrance.
c) MAXIMUM SIGN AREA: Thirty-two (32) square feet per sign.
d) MAXIMUM HEIGHT OF GROUND SIGN: Eight (8) feet.
e) LOCATION: At entrance to subdivision; sign shall not interfere with Vision
Clearance and shall be a minimum of ten (10) feet from the street right-of-way,
except when located on a comer lot. as for Vision Clearance on Comer Lots (see
Section 3.07: Definitions, in Zoning Regulations).
t) DESIGN: No restrictions.
g) COPY: No restrictions.
h) ILLUMINATION: Not permitted.
i) LANDSCAPING: Not required.
j) REQUIRED APPROVAL: None.
k) SIGN PERMIT: Required.
1) FEES: Required.
m) TIME:
1) Subdivision Construction Signs may be established after, but not before
final approval of subdivision plans and may be in addition to any permanent
Subdivision Sign permitted by the terms of this Ordinance.
2) Signs may remain until the number oflots remain for sale is less than:
i) two (2) in platted subdivisions containing 2-49 total lots.
ii) five (5) in platted subdivisions containing 50-99 total lots.
Hi) ten (10) in platted subdivisions containing 100-199 total lots.
iv) twenty-five (25) in platted subdivisions containing 200-499 total
lots.
v) five percent (5%) of platted lots in subdivisions containing 500
or more lots.
3) Permit renewal is subject to the determination of the Director.
16 Section 25.07.03-01 amended per Ordinance No. 2-486-06. in.
Section 25.07: Signs
25.07-18
as adopted per Z-302; as amended per Z-365-01; Z-366-01; Z-369-02; Z-416-03; Z-453-04; Z-461-04; Z-470-05;
Z-478-05; Z-486-06
Spring 2006 vI