HomeMy WebLinkAboutPacket 04-23-07
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Petitioner: On Track Properties, Inc.
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David J. Barker. P. C.
Barker Law Offices
650 North Rangeline Road
Carmel, Indiana 46032
(317) 506-4394
Fax (317) 575-6260
barkerlaw@indv.rr.com
April 16, 2007
Angie Conn
Planning Administrator
CITY OF CARMEL
Dept. of Community Services - Planning & Zoning
1 Civic Square, 3rd Floor
Carmel, IN 46032
Via Hand-Delivery
RE: CARMEL/CLAY ADVISORY BOARD of ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE REQUEST
Docket Number(s) 07010002 V. 07010003 V. 07010004 V. 07010005 V. 07010006 V.
07010007 SUo 07010014 V
Petitioner: Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677
T AC Meeting: April 18, 2007
BZA Hearing Date: April 23, 2007
Project Name: Applegate Condominiums
Dear Ms. Conn and BZA Members:
As a follow-up to meetings, telephone conversations and email correspondence
with Ms. Conn and the Planning Department, attached hereto for your review and
consideration is a multiple variances and special use request/application with a record of
all appropriate notices, regarding the following project located in the Old Town District
Overlay Zone:
The applicant seeks to convert and develop the current residential lot
with a width of 137 feet and depth of 165 feet and develop said
property into 12 condominium units having a total of 3 stories in
height, with each floor to contain 4 units and all to be served by an
elevator. The .5198 acre site is located at 130 Second Street. NW,
Carmel, IN 46032 and is zoned R4 (Residential), with the building to
face the Monon Trail and to be an Italianate Design with a courtyard.
Petitioner shall be seeking to obtain the following variances of
development standards:
Section 23D.03.C.3.e(i)
Section 23D.03.C.1.h(i)
Section 1O.02.A
Section 23D.03.C.3.g(ii)
Section 23D.03.C.3.a(ii)
Section 23D.03.C.l.f(ii)
Section 23D.03.C.1.a.iii(b)
roof pitch (proposed 5:12 allowed 8:12)
parking in front yard (off-street parking)
special uses (multi-family)
maximum building height (proposed 39' allowed 30')
building mass/width (proposed 112' allowed 55')
landscape requirements (reduced front and south side
yard landscaping requirements due to off-street
parking)
lot coverage over 70% (proposed approximately 85%
allowed 70%)
In addition to the attached information, also enclosed please find the Petitioner's check
for all costs associated with the above filings.
As always, if you have any questions or comments regarding this matter, please
feel free to contact the undersigned at 317-506-4394 or the Petitioner, Thomas J. Lazzara
at 317-432-3668.
CO:DJB
Enclosures
Cc: Thomas J. Lazzara
TABLE OF CONTENTS
1. Letter of Introduction
2. Table of Contents
3. Polaris Survey
4. Site Plan
5. Legal description for project
6. Aerial View
7. Copy of Notice of Public Hearing submitted to adjacent residents
8. Publisher's Affidavit for Public Notice and Sign Placement Affidavit
9. Affidavit of Notice
10. Copy of April 18, 2007 T AC minutes (to be supplemented prior to BZA
hearing)
11. Copy of BZA Variance Request Application
12. Variance Findings of Fact (clean form, proposed form and ballot sheet)
12(a) Roof Pitch
12(b) Parking in front yard
12(c) Special use
12(d) Maximum building height
12(e) Building mass/width
12(f) Landscape requirements
12(g) Lot coverage over 70%
PART OF EAST 1/2, NE 1/4, SEC, 25, T 18 N,
CITY OF CARMEL, CLAY TWP" HAMILTON COUNTY,
0,5198 Acres :t
130 2nd Street NW
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~ Land Description
A part of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range
3 East, described as follows:
Begin at a point 10 feet West of the Southwest Corner of Lot 11 in Henry Roberts Heir's
Addition to the Town of Carmel, Indiana, said point being on the North Line of Sugar
Street, run thence North parallel to the West Line of said Addition 137.0 feet, thence West
-pa~allel to the North Line of said Street 165.8 feet to a point 16.0 feet East of the East
Right-of-Way Line of the Monon Railroad, thence South parallel to said Right-of-Way Line
137.10 feet to the North Line of said Sugar Street, thence East on said North Line 164.6
feet to the place og beginning, containing. 0.5198 acre more or less.
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Prepared By:
P(1~5 ~,AUJ 5lRVeYlNlA
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Fishers. Indiana 460~B
(~11) 849-4811 f& (~11) 849-4926
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317.582_1430
.40 1.t STREET N.W.
CARWEl, IN .46032
F'AX 311.582.1487
'bOjl6.siqnl0sbCOjIlobol.net
DATE: 12-01-06
01-0.3-07
01- t 2-07
04-' 6-07
SAvENAU,(: !.AZZ4
SHEET NUMBER
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130 Second Street N.W., Carmel, Indiana
16-09-25-12-01-037.000
A part of the east half of the northeast quarter of Section 25, Township 18 North,
Range 3 East, described as follows: Begin at a point 10.0 feet west of the
Southwest corner of Lot No. 11 in the Henry Roberts Heirs' Addition to the Town
Of Carmel, Indiana, said point being on the north line of Sugar Street, run thence
North parallel to the west line of said addition 137.0 feet, thence west parallel to
The north line of said street 165.8 feet to a point 16.0 feet east of the east right-of-
Way line of the Monon Railroad, thence south parallel to said right-of-way line
137.10 feet to the north line of said sugar Street, thence east on said north line
164.6 feet to place of beginning, containing .5198 acre
REAL PROPERTY MAP
TOWNSHIP OF CLAY
O\-p P lJL ')Ov+L LoV'ld 0 S ~
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLA Y ADVISORY BOARD of ZONING APPEALS
Docket Number(s) 070] 0002 V. 07010003 V. 07010004 V. 07010005 V. 07010006 V.
07010007 Su. 07010014 V
Notice is hereby given that the Carmel Clay Advisory Board of Zoning Appeals
meeting on February 26,2007 at 6:00 o'clock P.M. in the City Hall Council Chambers, 1
Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon an application.
The Technical Advisory Committee meeting for said BZA Application and Variance
Request shall be on February 2], 2007.
The application is identified as Docket No. 07010002 V. 07010003 V. 07010004
V. 07010005 V. 07010006 V. 07010007 SUo 07010014 V BZA DEVELOPMENT
STANDARDS VARIANCE REQUEST: Applegate Condominiums:
The applicant seeks to convert and develop the current residential lot with
a width of 137 feet and depth of 165 feet and develop said property into 12
condominium units having a total of 3 stories in height. The .5198 acre
site is located at 130 Second Street. NW, Carmel, IN 46032 and is zoned
R4 (Residential). Petitioner shall be seeking to obtain the following
variances of development standards:
A) Section 23D.03.C.3.k(ii)
B) Section 23D.03.C.3.f(i)
C) Section 23D.03.C.3.i(i)
D) Section 23D.03.C.3.a(ii)
E) Section 23D.03.C.3.e(ii)
F) Section 10.02.A
G) Section 23D.03.C.3.c.iii(b)
maximum building height
parking in front yard
roof pitch
building mass/width
landscape requirements
special uses
lot coverage over 70%
For a total of 7 variances all pursuant to Chapter 23D of the Old Town
District Overlay Zone.
Filed by Thomas J. Lazzara of On Track Properties, Inc.
The real estate affected by said application is described as follows:
A part of the east half of the northeast quarter of Section 25, Township 18
North, range 3 East, described as follows: Begin at a point 10.0 feet west
of the southwest corner of Lot No. 11 in the Henry Roberts Heirs'
Addition to the Town of Carmel, Indiana, said point being on the north
line of Sugar Street, run thence north parallel to the west line of said
addition 137.0 feet, thence west parallel to the north line of said street
165.8 feet to a point 16.0 feet east of the east right-of-way line of the
1
Monon Railroad, thence south parallel to said right-of-way line 137.10
feet to the north line of said Sugar Street, thence east on said north line
164.6 feet to place of beginning, containing .5198 acre having a common
address of: 130 Second Street NW, Carmel, IN 46032.
All interested persons desiring 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. Further you may examine the application and/or send
comments to the following persons and locations:
Thomas J. Lazzara
On Track Properties, Inc.
200 Medical Drive
Suite A
Carmel, IN 46032
(317) 432-3668
David J. Barker
Barker Law Offices
650 N. Rangeline Rd.
Carmel, IN 46032
(317) 506-4394
CarmeUClay Board of Zoning Appeals
c/o Connie Tingley, Secretary
Carmel City Hall
One Civic Square
Carmel, IN 46032
(317) 571-2417
2
83413-4689299
PUBLISHER'S AFFIDAVIT
State ofIndiana SS:
MARION County
Personally appeared before me, a notary public in and for said county and state,
the undersigned Stacey McCullough who, being duly sworn, says that SHE is clerk
of the INDIANAPOLIS NEWSPAPERS a DAIL Y STAR newspaper of general circulation
printed and published in the English language in the city ofINDIANAPOLIS in state
and county aforesaid, and that the printed matter attached hereto is a true copy,
which was duly published in said paper for 1 time(s), between the dates of:
02/0112007 and 02/0112007
~ll6 'N\~~~~P.l ~t CI"k
Title
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'r~ PRESCRIBED FORMULA
:PICA COLUMN - 94 POINT
INTS /5.7 PT. TYPE - 16.49
EMS /250 - .06596 SQUARES
>i'6 SQUARES x $5.14 - .339 CENTS PER LINE
::~f:
1;9"
ed""
My commission expires:
Subscribed and sworn to before me on 02/01/2007
S-~~~
Notary Public
"OFFICIAL SEAL"
Susan Ketchem
NotaJy Public:. State of Indiana
My Commission Exp. 0S/06I2011
A
PUBLISHED 1 TIME = .339
PUBLISHED 2 TIMES= .509
PUBLISHED 3 TIMES= .679
PUBLISHED 4 TIMES= .848
l.r
Board of Zonin2 Appeals Public Notice Si2n Procedure:
The petitioner shall incur the cost of the purchasing, placing, and removing the sign. The sign
must be placed in a highly visible and legible location from the road on the property that is
involved with the public hearing.
The public notice sign shall meet the following requirements:
l. Must be placed on the subject property no less than 25 days prior to the public
hearing
The sign must follow the sign design
requirements:
Sign must be 24" x 36" - vertical
Sign must be double sided
Sign must be composed of weather
resistant material, such as corrugated
plastic or laminated poster board
The sign must be mounted in a heavy-duty
metal frame
The sign must contain the following:
. 12" x 24" PMS 1805 Red box with white
text at the top.
. White background with black text below.
. Text used in example to the right, with
Application type, Date * , and Time of
subject public hearing
* The Date should be written in day,
month, and date format. Example:
Monday, January 23
The sign must be removed within 72 hours of the Public Hearing conclusion
2.
3.
4.
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For More Inlllrmation:
(w~b) www.carmcl.in.goy
('h) 571-2417
Public Notice Si2n Placement Affidavit:
On Track Properties, Inc.
I (We) Thomas J. Lazzara-Presidelllb hereby certify that placement of the notice public
sign to consider Docket NumbeI8ttagfied , was placed on the subject property at least twenty-
five (25) days prior to the date of the public hearing at the address listed below.
STATE OF INDIANA, COUNTY OF 1-1,1.1111'- TC.hV , SS:
Subscribed and sworn to before me this--'4z-day 0
My Commission Expires:
'if; /O~
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
BOARD OF ZONING APPEALS
I (We) Thomas J. Lazzara as President of On Track Properties, Inc. does hereby certify
that notice of public hearing of the Board of Zoning Appeals to consider Docket
Number 07010002 V. 07010003 V. 07010004 V. 07010005 V. 07010006 V. 07010007
SUo 07010014 V 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(S) NAME/P ARCEL #
ADDRESS
Robert E & Marion Applegate
16-09-25-12-01-037.000
310 Carmelview Drive
Carmel, IN 46032
TM Carmel Knoll Partners LP
16-09-25-02-03-004.000
11711 N Meridian St
Carmel, IN 46032
Roy L Collins
16-09-25-02-03-012.000
130 Third Ave NW
Carmel, IN 46032
Raymond R & Velma Moon
16-09-25-02-03-013.000
131 Third Ave NW
Carmel, IN 46032
Dennis R & Tracy F Moon
16-09-25-02-03-014.000
121 Third Ave NW
Carmel, IN 46032
Joanna P Kahl
16-09-25-02-06-005.000
228 Legacy Ln
Carmel, IN 46032
GLF Realty Inc
16-09-25-02-06-006.000
2627 N Emerson Ave
Indianapolis, IN 46218
Bob & Judith Marich Doeppers
16-09-25-02-06-006.001
235 Legacy Ln
Carmel, IN 46032
Trustees of Frank & Susan Ingegno
16-09-25-02-06-007.000
13805 Roswell Dr
Carmel, IN 46032
John Monteiro
16-09-25-02-06-007.001
231 Legacy Ln
Carmel, IN 46032
Angelica Garrett
16-09-25-02-06-008.000
223 Legacy Ln
Carmel, IN 46032
Tatiana Solilova
219 Legacy Ln
16-09-25-02-06-008.001
Carmel, IN 46032
Jason W. Bohac & Jessica Jansing JtJRs
16-09-25-02-06-009.000
215 Legacy Ln
Carmel, IN 46032
Monty G Degenhardt
16-09-25-02-06-009.001
211 Legacy Ln
Carmel, IN 46032
Patrick L & Suzanne M Andres
16-09-25-02-06-010.000
218 Legacy Ln
Carmel, IN 46032
Andrea A Benjamin
16-09-25-12-01-007.000
120 Third St NW
Carmel, IN 46032
John W & Kimberly B Gray
16-09-25-12-01-009.000
240 First Ave NW
Carmel, IN 46032
June M Hedges Trustee
16-09-25-12-01-010.000
130 First Ave NE
Carmel, IN 46033
June M Hedges Trustee
16-09-25-12-01-011.000
130 First Ave NE
Carmel, IN 46033
Max L & Jo'Anne Waples
16-09-25-12-01-012.000
210 First Ave NW
Carmel, IN 46032
Hilda H Hadley
16-09-25-12-01-013.000
140 First Ave NW
Carmel, IN 46032
Thomas A & Lynn J Harris Jr
16-09-25-12-01-014.000
130 First Ave NW
Carmel, IN 46032
Vicki L Collier
16-09-25-12-01-035.000
131 Second Ave NW
Carmel, IN 46032
Robert S & Lauret L Diener Jr
16-09-25-12-01-036.000
409 Stonehedge Dr
Carmel, IN 46032
Steven R & Kathryn E Goedde
16-09-25-12-01-038.000
11130 Westfield Blvd
Carmel, IN 46032
Jeffery G Watkins & Jolene Adams JtJRs
16-09-25-12-01-039.000
131 Third St NW
Carmel, IN 46032
David L & Ellen A Mead
16-09-25-12-01-040.000
220 2nd Ave NW
Carmel, IN 46032
David L & Ellen A Mead
16-09-25-12-01-041.000
1511 Queensborough Dr
Carmel, IN 46033
John M Compton
16-09-25-12-01-042.000
2015 Broad Ripple Ave
Indianapolis, IN 46220
Robert Scott Jordan
16-09-25 -12-0 1-044.000
140 Third St NW
Carmel, IN 46032
City of Carmel
16-09-25-12-01-045.000
Civic Square
Carmel, IN 46032
Kurt J Archer
16-09-25-12-02-033.000
211 First Ave NW
Carmel, IN 46032
Lance Snedeker
16-09-25-12-02-035.000
221 First Ave NW
Carmel, IN 46032
David M Lipman
16-09-25-12-02-036.000
235 First Ave NW
Carmel, IN 46032
STATE OF INDIANA, COUNTY OF HAMILTON SS:
The undersigned, having been duly sworn, upon oath says that the above information is
true and correct as he is informed and believes.
-./~' .. /' /..;/
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Printed: Thomas J. Lazzara
Title: President of On Track Properties. Inc.
Subscribed and sworn to before me this I (P day of ~
,2007
My Commission Expires:
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TE TAKEN:
IE TAKEN:
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ME OF PROPERTY OWNER:
ME OF PETITIONER:
ADJOINER
F\LEO
o t. C 1 ;-~, 2006
t~~
( NOTIFICA TION LIST)
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3AL DESCRIPTION OR PARCEL NUMBER OF PROPERTY:
\ \0 ~ D'\, ~S--\? -0\ -031.~
ZONING AUTHORITY APPLYING TO:
:LECT ONE)
RMEL BZA:
RMEL PLANNING:
:ERO:
HERS:
MILTON COUNTY PLANNING:
BLESVILLE HOME OCCUPATION:
BLESVILLE PUBLIC HEARING:
:STFIELD:
iNA TURE OF APPLICANT:
TE: \ 2- \ ')-<:)\..0
Co.. d:-t Do u'- \ .'V\-O
ME AND PHONE NUMBER OF
RSON TO CONTACT: Cv- C"{" ~ Oow\ .~
.DER TAKEN BY:
~
'3 \\ - S",,, - \0 \;> "30
10TE * -- DUE TO VOLUME AND TURN AROUND, ORDERS TAKE 3-5 BUSINESS DAYS
IR PROCESSING. TRANSFER AND MAPPING WILL APPROPRIATELY NOTIFY THE
.NTACT WHEN THEIR ORDER IS READY TO BE PICKED UP.
HAMILTON COUNTY NOTIFICATION LIST
PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING
PLEASE NOTIFY THE FOLLOWING PERSONS
16'()9-25-12'()1'()37.000
Applegate, Robert E & Marion
Subject
310
CARMEL
Carmelview Dr
IN
46032
16'()9-25-O2'()3'()04.000
TM Carmel Knoll Partners LP
Neighbor
11711
Meridiarr St N
C!-\F~r'v'iEL
I ~'J
_,i;
16'()9-25-02-03-012.000
Collins, Roy L
Neighbor
130
CARMEL
Third Ave N W
IN
46032
16'()9-25"()2'()3"()13.000
Raymond R & Velma Moon
131 3rd Ave Nw
Neighbor
Carmel
IN
46032
16'()9-25"()2'()3'()14.000
Dennis R & Tracy F Moon
Neighbor
121
Carmel
Third Ave N W
IN
46032
Thursday, December 14, 1006
Page 1 of6
16-09-25-02-06-005.001
Kahl, Joanna P
228
CARMEL
Neighbor
Legacy Ln
IN
46032
16-09-25-02-06-006.000
GLF Realty Inc
2627 Emerson Ave N
INDIANAPOLIS IN
Neighbor
46218
16-09-25-02-06-006.001
Bob 8. Judith lV13rich Docprcrs
Neighbor
'/'1.;::,
LC'0.~::Y
UJ
C(Jrrile1
iN
4CC3~!
16-09-25-02-06.007.000 Neighbor
Ingegno, Frank N & Susanne F Trustees of Frank & Susan
13805 Roswell Dr
CARMEL IN 46032
16-09-25-02-06-007.001
John Monteiro
Neighbor
231
Carmel
Legacy
IN
LN
46032
16-09-25-02-06-008.000
Garrett, Angelica
223
CARMEL
Neighbor
Legacy Ln
IN
46032
Thursday, December 14, 2006
Page 2 of6
16~9.25'()2~6~08.001
Neighbor
Solilova. Tatiana
219
CARMEL
Legacy Ln
IN
46032
16~9-25'()2~6'()09.000
Neighbor
Jason W Bohac & Jessica Jansing JVRs
215
Legacy Ln
CARMEL
IN
46032
16-09-25-02-06-009.001
Neighbor
nr;c;:v'\nh:1rdt, ~1':)n~y G
~, ,
,_. i I
L~c;:'r:y L n
(:.'- :-:::\iF:L
iN
16-09-25-02-06-010.000
Neighbor
Andres, Patrick L & Suzanne M
218
Legacy
LN
Carmel
IN
46032
16~9-25-12'()1 ~07 .000
Neighbor
Benjamin. Andrea A
120
CARMEL
Third St NW
IN
46032
16-09-25-12-01 ~09.000
Neighbor
John W & Kimberly B Gray
240
First Ave Nw
Carmel
IN
4603
Thursday, December 14,2006
Page3 of 6
16'()9-25-12'()1'()10.000
June M Hedges Trustee
130 First Ave NE
CARMEL IN
Neighbor.
46033
16'()9-25-12-01'()11.000
June M Hedges Trustee
Neighbor
130
CARMEL
First Ave NE
IN
46033
16-09-25-12-01-012.000
Neighbor
~,t3X L .? ,}:1 ,'\nn,~ VVJp!es
210
1 st {'.\if; f\lv/
r: ,-; ,- 'I .;~'.!
i [\)
~ ('~:? 2
16-09-25-12-01-013.000 Neig!.bor
Hadley, Hilda H
140
CARMEL
First Ave NW
IN
46032
16'()9-25-12'()1'()14.000
Harris, Thomas A Jr & Lynn J
130 First Ave NW
CARMEL IN
Neighbor
46032
16'()9-25-12'()1'()35.000
Vicki L Collier
Neighbor
131
Carmel
Second Ave Nw
IN
46032
Thursday, December 14, 2006
Page 4 of6
16-09-25-12-01-036.000
Robert S & Louret L Diener Jr
409 Stonehedge
Neighbor
DR
Carmel
IN
46032
16-09-25-12-01-038.000
Steven R & Kathryn E Goedde
11130 Westfield Blvd
Carmel IN
Neighbor
46032
16-09-25-12-01-039.000
Nsighbor
'vV;-:tkh::, ,;;::~f,:-/ C' O. ,.Ichne .L\CZln:<;. II.';',.
131
Thi,rj St ~,!\JV
(' Fi' ;\-':r-:.!.
16-09-25-12-01-040.000
David L & Ellen A Mead
220 2nd Ave Nw
i'l ig;;'~)or
Carmel
IN
46032
16-09-25-12-01-041.000
Mead, David L & Ellen A
1511 Queensborough Dr
CARMEL IN
Neighbor
46033
16-09-25-12-01-042.000
Compton, John M
2015 Broad Ripple Ave
INDIANAPOLIS IN
Neighbor
46220
Thursday, December 14, 2006
Page 50f6
16..()9.25.12..()1-044.000
Robert Scott Jordan
140 Third St Nw
Neighbor
Carmel
IN
46032
16"()9-25-12"()1..045.000
City Of Carmel
Neighbor
Carmel
Civic Sq
IN
46032
16-09-25-12,02-033.000
Neig-l-ibor
;f., ,,_1 : ,,!! .~'- _
21 -; Fii-S~ (J.v~ ~h.lj
;:J
-t'
16-09-25-12-02-035.000
Lance Snedeker
Nc;j~hL~or
221
CARMEL
First Ave NW
IN
46032
16"()9-25-12"()2"()36.000
David M Lipman
Neighbor
235
Carmel
First Ave Nw
IN
46032
Thursday, December 14, 2006
Page 60f6
'LTON COUNTY AUDITOR
vllLLS, AUDITOR OF HAMILTON COUNTY, INDIANA,
MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN
\ ATTACHED HERETO ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660' FROM THE REAL ESTATE MARKED
:CT PROPERTY.
;UMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY
ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL
~ECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY.
LLS, HAMILTON COUNTY AUDITOR
~~~~~
/2 -IL/-O"
Pursuant to the prOV1Slons OT InOlana Code 5-14-3-3-(e), no person other than
those authorized by the county may reproduce, grant access, deliver, or sell
any information obtained from any department or office of the county to any
other person, partnership, or corporation. In addition, any person who
receives information from the county shall not be permitted to use any
mailin9 lists, addresses, or data bases for the purpose of selling,
advertlsing, or soliciting the purchase of merchandise, goods, services, or
to sell, loan, give away, or otherwise deliver the information obtained by
the request to any other person.
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13
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each additional section of the
ordinance being varied.
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. See Attached
DATE RECEIVED:
1)
Applicant:
On Track Properties, Inc.
Address:
200 Medical Dr, Suite A, Carmel, IN 46032
2)
Project Name: Applegate Condominiums
Engineer/Architect: SBG Design, Inc.
Phone:
Phone: 317-582-1430
Attorney: David J. Barker
Phone: 317-575-6240
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:
Owner of the property involved: Thomas J. Lazzara
Owner's address: 11504 Dona Dr. Carmel IN 46032
5) Record of Ownership:
Deed Book No.!lnstrument No.
Phone:
Page:
Purchase date:
6) Common address ofthe property involved: 130 Second St NW, Carmel IN 46032
Legal description: See Attached
Tax Map Parcel No.: 16-09-25-12-01-037-000
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).
See Attached
Page 1 of 8 - z:lshared\formsIBZA appllcatlonsl Development Standards Variance Application rev. 12/29/2006
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The variances allow the property to be developed consistent with new
construction in the area
Present zoning of the property (give exact classification):
R-4
9)
10)
11 )
12)
Size of lot/parcel in question:
Present use of the property:
137 it x 165 ft
Residential
acres
Describe the proposed use of the property:
12 mondominiums in a 3 story structure
13) Is the property: Owner occupied
Renter occupied
Other NI A New Construction
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.
Variances - see attached
15)
Has work for which this application is being filed already started? If answer is yes, give details:
No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
On Track Properties, Inc.
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 assianed until all supportina information has been submitted to
the Department of Community Services.
Page 2 of 8 - z:lshared\formsIBZA applicationsl Development Standards Variance Application rev. 12/2912006
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.
Signed:
--r-~~ _
,/,. a ~\......( ,
(Please Print)
/-fZZfi~
A -7_
~&$~/V/
STATE OF INDIANA
SS:
County of
t-\ 0 {\" I (f-o f)
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
t-\~l l-tv'"
(Notary Public's county of residence)
County, State of Indiana, personally appeared
1hb~U ~ -:r. G'""2.2-6..f l-1
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
" \
J-.;.~./,
day of
U_I'\'l0.e/l
U J:J :) , tx4 tlu
Notary Public--Please Print
(SEAL)
My commission eX~ire~ r
'f/? 7Jlo
Page 4 of 8 - z:\shared\forms\BZA applicationsl Development Standards Variance Application rev. 12/2912006
Project: Applegate Condominiums
130 Second Street N.W., Carmel
Petitioner; Thomas J. Lazzara of On Track Properties
200 Medical Dr, Suite A, Carmel, IN 46032
Docket No.: 07010002 V. 07010003 V. 07010004 V. 07010005 V. 07010006 V.
07010007 SUo 07010014 V
~::g:;:(IE5, INC
er Expenses
4/16/2007
3511
4,223.00
Fees - A I
pp egate Condo P .
rOJect
Jnion Bank
Fees - A I
pp egate Condo P .
. roJecI
,K PROPERTIE
::;ity of Ca 5, INC
rmel
3r Expenses
4,223.00
3511
4,223.00
Fees - A
pplegate Co
Jnion Bank ~M "
___ , Fees - Applegate n 0 ~
+800-321I-0304
--
4,223.00
~.
--[
Docket No.:
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
07010002 V, 07010003 V, 07010004 V, 07010005 V, 07010006 V, 07010007 SU, 07010014 V
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
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:
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
4. The need for the variance arises from a natural condition peculiar to the subject property because:
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
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 by reference and made a part hereof.
Adopted this day of .2007.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
07010004V, Section 23D.03.C.3.e(i), roof pitch (5:12 v. 8:12)
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
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:
Docket No.:
Petitioner:
Such will oreclude develooment consistent with other new develooments in the Old Town Overlav Zone. The
variance is necessary to assist in reducina overall buildina heiaht.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. The variance will allow for consistent
develooment as has occurred in the area and will oresent as Italianate desian stvle.
I. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reoair thereby havina a
neaative affect on adiacent orooerties. The buildina as olanned will contribute a oositive architectural design.
The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comorised of two lots in size when comoarina to adiacent orooerties. The orooertv is adiacent to
the Monon Trail and such demands comoatible develooment to enhance the Monon Trail.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Grantina the variance/soecial use will not interfere with the Comorehensive Plan in that the orooosed develooment
oroiect is consistent with other new develooments in the area. the intent of the Old Town Overlav Zone is beina met
and the oroiect will contribute a oositive imoact to the district bv addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
lcorporated herein by reference and made a part hereof.
Adopted this day of ,2007.
:HAIRPERSON, Carmel/Clay Board of Zoning Appeals
ECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010004V, Section 23D.03.C.3.e(i), roof pitch (proposed 5:12 allowed 8:12)
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,2007.
Board Member
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07010003V, Section 23D.03.C.1.h(i) Parking in front yard (off-street parking)
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
I. 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:
Petitioner:
Such will oreclude develooment consistent with other new develooments in the Old Town Overlav Zone. The
variance will suooort the aoals of the Old Town District and disallowin9 will reduce visitors to the area.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. The variance will oromote the area bv
addina oarkina to the Old Town District for the benefit of visitors as well as current residents.
I. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reoair thereby havina a
neaative affect on adiacent orooerties. The addition of off-street oarkina will benefit adiacent areas.
k The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comorised of two lots in size when comoarina to adiacent orooerties. The orooertv is adiacent to
the Monon Trail and such demands comoatible develooment to enhance the Monon Trail. Foot traffic on the trail
will be furthered bv the extra oarkina.
I. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Granting the variance/soecial use will not interfere with the Comorehensive Plan in that the orooosed develooment
oroiect is consistent with other new develooments in the area. the intent of the Old Town Overlav Zone is beina met
and the oroiect will contribute a oositive imoact to the district bv addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
1corporated herein by reference and made a part hereof.
Adopted this day of , 2007.
:HAIRPERSON, Carmel/Clay Board of Zoning Appeals
iECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010003V, Section 23D.03.C.1.h(i) Parking in front yard (off-street parking)
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,2007.
Board Member
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07010007SU, Section 10.02.A Special uses (Multi-Family)
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
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:
Petitioner:
Such will oreclude deyelooment consistent with other new develooments in the Old Town Overlav Zone and such
will restrict different aae oooulations from the area.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. The arantina of the soecial use will allow
for a more diverse communitv while brinaina state of the art desian to the area.
The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reoair thereby having a
neaative affect on adiacent orooerties. The adiacent area will not be burdened in that the oroiect will be self-
contained within its boundaries.
The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comerised of two lots in size when comoarina to adiacent erooerties. The oroeertv is adiacent to
the Monon Trail and such demands comeatible develooment to enhance the Monon Trail. The flats will be served
bv an elevator and courtYard as well as off-street oarkina due to the size of the orooertv.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Grantina the variance/soecial use will not interfere with the Comerehensive Plan in that the erooosed develooment
proiect is consistent with other new deyelooments in the area. the intent of the Old Town Overlay Zone is beina met
and the oroiect will contribute a eositive imeact to the district by addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
lcorporated herein by reference and made a part hereof.
Adopted this day of ,2007.
HAIRPERSON, Carmel/Clay Board of Zoning Appeals
ECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010007SU, Section 10.02.A Special uses (Multi-Family)
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
.2007.
Board Member
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07010002V, Section 23D.03.C.3g(ii) Maximum building height (39' v. 30')
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
I. 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:
Petitioner:
Such will oreclude develooment consistent with other new develooments in the Old Town Overlav Zone. Direct line
of siaht across the Monon Trail is hiaher due to hiaher elevations and this variance would add consistencv.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. Three stories is tvoical of the heiaht of
similar residential structures alona the Monon Trail such as the AMLI aoartments.
'. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reoair therebv havina a
neaative affect on adiacent orooerties. The height of the buildina will not affect adiacent orooerties' liaht and air
soace.
The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comorised of two lots in size when comoarina to adiacent orooerties. The orooertv is adiacent to
the Monon Trail and such demands comoatible develooment to enhance the Monon Trail.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Grantina the variance/soecial use will not interfere with the Comorehensive Plan in that the orooosed develooment
oroiect is consistent with other new develooments in the area. the intent of the Old Town Overlav Zone is beina met
and the oroiect will contribute a oositive imoact to the district bv addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
lcorporated herein by reference and made a part hereof.
Adopted this day of ,2007.
HAIRPERSON, Carmel/Clay Board of Zoning Appeals
ECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010002V, Section 23D.03.C.3g(ii) Maximum building height (proposed 39' allowed 30')
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,2007.
Board Member
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07010005V, Section 23D.03.C.3.a(ii} Building masslwidth (112' v. 55')
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
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:
Petitioner:
Such will oreclude develooment consistent with other new develooments in the Old Town Overlav Zone. The
variance will allow for an ooen courtyard and contribute oositive architecture for the Italianate desian.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. The variance will oromote a desian that
is comoatible with and oositive for the District.
'. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reoair thereby havina a
neaative affect on adiacent orooerties. The focus of the buildina will be towards the Monon and not the adiacent
orooerties.
The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comorised of two lots in size when comoarina to adiacent orooerties. The orooerty is adiacent to
the Monon Trail and such demands comoatible develooment to enhance the Monon Trail. The flats desian conceot
with elevators and courtyard necessitate areater width.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Grantina the variance/soecial use will not interfere with the Comorehensive Plan in that the orooosed develooment
oroiect is consistent with other new develooments in the area. the intent of the Old Town Overlay Zone is beina met
and the oroiect will contribute a oositive imoact to the district bY addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
lcorporated herein by reference and made a part hereof.
Adopted this day of ,2007.
:HAIRPERSON, Carmel/Clay Board of Zoning Appeals
ECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010005V, Section 23D.03.C.3.a(ii) Building mass/width (proposed 112' allowed 55')
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,2007.
Board Member
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07010006V, Section 23D.03.C.1.f(ii) Landscape requirements
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
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:
Such will oreclude develooment consistent with other new develooments in the Old Town Overlav Zone. Comer lot
with focus on Monon suooorts off-street oarkina necessitatina a reduction in landscaoe reauirements.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. The Italianate desian and courtYard will
more than comoensate the area with a oositive streetscaoe and curb aooeal.
i. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reDair thereby havina a
neaative affect on adiacent orooerties. The focus of the oroiect will be towards the Monon Trail and ooen areas.
The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comorised of two lots in size when comoarina to adiacent orooerties. The orooertv is adiacent to
the Monon Trail and such demands comoatible develooment to enhance the Monon Trail. The ability to aain off-
street oarkina on the corner lot.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Grantina the variance/soecial use will not interfere with the Comorehensive Plan in that the orooosed develooment
oroiect is consistent with other new develooments in the area. the intent of the Old Town Overlav Zone is beina met
and the oroiect will contribute a oositive imoact to the district bv addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
lcorporated herein by reference and made a part hereof.
Adopted this day of , 2007.
:HAIRPERSON, Carmel/Clay Board of Zoning Appeals
ECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010006V, Section 23D.03.C.1.f(ii) Landscape requirements (reduced front and south side yard
landscaping requirements due to off-street parking)
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,2007.
Board Member
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
07010014V, Section 23D.03.C.1.a.iii(b) Lot coverage (85% v. 70%)
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical
Drive, Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE
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:
Petitioner:
Such will oreclude develooment consistent with other new develooments in the Old Town Overlav Zone. The
dimensions of the orooertv (2 lots) on the Monon Trail suooort the variance.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
All other develooment standards. ordinances and reaulations will be met. The addition of oarkina will suooort the
community in a oositive fashion.
The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The current imorovements on the Real Estate is uninhabitable and in need of substantial reoair therebY havina a
neaative affect on adiacent orooerties. Adiacent orooerties will not be servient nor subordinate but will benefit from
the desian and amenities.
The need for the variance arises from a natural condition peculiar to the subject property because:
The orooertv is comorised of two lots in size when comoaring to adiacent orooerties. The orooertv is adiacent to
the Monon Trail and such demands comoatible develooment to enhance the Monon Trail.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
Grantin9 the variance/soecial use will not interfere with the Comorehensive Plan in that the orooosed develooment
oroiect is consistent with other new develooments in the area. the intent of the Old Town Overlav Zone is beina met
and the oroiect will contribute a oositive imoact to the district bv addina oarkina. residents and affordable housina
that will stimulate foot traffic.
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
lcorporated herein by reference and made a part hereof.
Adopted this day of , 2007.
HAIRPERSON, Carmel/Clay Board of Zoning Appeals
ECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
07010014V, Section 23D.03.C.1.a.iii(b) Lot coverage over 70% (proposed approximately 85%,
allowed 70%)
Petitioner:
Thomas J. Lazzara of On Track Properties, Inc., located at 200 Medical Drive
Suite A, Carmel, IN 46032, (317) 432-3668, fax (317) 574-6677.
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,2007.
Board Member