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HomeMy WebLinkAboutPacket for HO 06-24-24Patrick M. Rooney Attorney at Law REAL ESTATE • BUSEWM • ESTATE PLANNING Carmel Board of Zoning Appeals Carmel City Hall, 2°d Floor Council Chambers Room 1 Civic Sq., Carmel, IN 46032 1638 Shelby Street Suite 101 Indianapolis, Indiana 46203 Direct (317) 445-9956 pmrooney1@gmail.com June 12, 2024 RE: Singh Subdivision — Docket No.: PZ-2024-00087 — Introduction Letter To Whom It May Concern: My clients, Gurpreet Singh, Lakhwant Singh, Rupinder Multani, and Kamaljit Kaur (collectively, the "Petitioners"), are petitioning you for a Variance of Development Standards so that they may avoid a financial hardship as they embark on their next home -owning journey. The Petitioners are requesting said variance because the required right-of-way under the UDO would be impractical due to the existing utility easements on the property. Strictly adhering to the UDO requirements would require the Petitioners to spend over $400,000 to reinforce pipe which is and shall remain in the ground with dirt and grass above it just as it is now and will remain for the foreseeable future since 106t" Street was redesigned recently enough that it may never be widened onto the Petitioner's property. Very truly yours, /s/ Patrick M. Rooney Patrick M. Rooney, Attorney Patrick M. Rooney Attorney at Law REAL ESTATE • BUSINESS •ESTATE PLANNING Carmel Board of Zoning Appeals Carmel City Hall, 2"d Floor Council Chambers Room 1 Civic Sq., Carmel, IN 46032 1638 Shelby Street Suite 101 Indianapolis, Indiana 46203 Direct (317) 445-9956 pmrooneyI @gmail.com June 12, 2024 RE: Singh Subdivision — Docket No.: PZ-2024-00087 — Statement of Request To Whom It May Concern: Petitioners' Variance of Development Standards is with respect to UDO Section 1.07(e) and (f) — Dedication of Public Rights -of -Way. As part of a simple subdivision, Owners are dedicating a portion of the ROW pursuant to UDO Section 6.03, but are not dedicating all of the ROW due to utility easements. As further described in the rest of the Petition, the requested variance will not detrimentally impact the subject property, adjacent properties, the City of Carmel, or any other third parties whatsoever, and will merely result in Petitioners not incurring an undue hardship. Very truly yours, ls/ Patrick M. Rooney Patrick M. Rooney, Attorney Patrick M. Rooney Attorney at Law REAL ESTATE • BUSINESS • ESTATE PLANNING Carmel Board of Zoning Appeals Carmel City Hall, 2°d Floor Council Chambers Room 1 Civic Sq., Carmel, IN 46032 1638 Shelby Street Suite 101 Indianapolis, Indiana 46203 Direct (317) 445-9956 pmrooneyl @gmail.com June 12, 2024 RE: Singh Subdivision — Docket No.: PZ-2024-00087 — Statement of Support To Whom It May Concern: This Variance will allow Petitioners to redevelop this property from one old, dilapidated house into two modern custom homes which will significantly increase the value of the subject property as well as the surrounding properties. Given the recent reworking of 106th Street, it is unlikely that 1061h Street will ever need to be widened into the Petitioners' property, and certainly not in the near future. Thus, requiring the Petitioners to spend over $400,000 reinforcing pipes which are not going to be impacted by the replat and which there are no plans to build houses nor streets over would be an unconscionable hardship. Very truly yours, /s/ Patrick M. Rooney Patrick M. Rooney, Attorney ith St W 106th St 106th St W 106th St Google Imaoery C2024 Airbus, Maxar Technologies, Map data 02024 Goo le P u y 4t fi 4Y� 9 Google G, Loom to i Address No Address No Suffix Address Prefix Qir Address Subtype t Address Type Business mate Business Name City Formatted Parcel No Full Address x State [ Street Name Street Suffix Street Suffix Qir Zip _ �_ ._ . .. �.. .. MF r �.:ar•1%, /N ek. 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V34 A q Ug j� pp 1,8 2!q i J JpRopos Ropos D SINGH SUBDIVISION KEELER-WEBB ASSOCIATES Lakawant Singh & Mike Singh Singh bdivisio S I I A 10— Place 6535 Cressendo Pk IndinapoNs, IN 46259 - _ alai writ io&t 51—t C— W 1.32 317-985-8513 emad FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 + first two blanks) Docket No.: PZ-2024-00087 Petitioner: Pat Rooney Attorney at Law The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The variance will only serve to save the Petitioners an undue financial hardship The required Right -of -Way under the UDO is not practical due to the existing utility easements on the subject property. To comply with the Right -of - Way requirements Petitioners would have to spend over $400 000 to reinforce the ground on which the utility easement runs despite the fact that 106th Street may never actually be expanded and there are currently no plans to expand 106th Street. 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: The variance will allow the Petitioners to demolish the old vacant dilapidated home and construct two (2) new custom homes which shall substantially increase the assessed value of the subject property and thereby significantly increasing the value of all nearby properties. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The strict application of the terms of the LIDO would force the Petitioners to spend over $400 000 to reinforce the ground on which the utility easement runs Granting this variance would allow the Petitioners to bypass this hardship and will not detrimentally impact the property. Unless and until 106th Street is actually expanded, reinforcing pipe which is and will remain in the Petitioner's front yard with grass above it is an undue hardship and a practical difficulty which this Variance solves without negatively impacting the Petitioner nor any third parties. DECISION IT IS THEREFORE the decision of the Carmel 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 HEARING OFFICER, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals 20 Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 9 of 12