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Page 10f2
Conn, Angelina V
Sent:
To:
Conn, Angelina V
Monday, March 19,20074:12 PM
Tingley, Connie S
Coy, Sue E; Hollibaugh, Mike P; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt
L; Littlejohn, David W; Stewart, Lisa M; Lillard, Sarah N; Holmes, Christine B; Blanchard, Jim E;
'jmolitor@prodigy.net'; Duncan, Gary R; Keeling, Adrienne M; Boone, Rachel M.; 'Todd Erb'
Subject: Docket No. Assignment: (V) Village of WestClay, See 5001, Lot 444 (#07030028 V)
Attachments: BZA Public Notice Sign Procedure.pdf
From:
Cc:
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number and fee for (V) Village
of WestClay, Sec 5001, Lot 444. It will be the following:
Docket No. 07030028 V $138.50
Total Fees: $138.50
Village of WestClay, Sec 5001, Lot 444
The applicant seeks the following development standards variance approval:
Docket No. 07030028 V PUD 465-04, Section 22.6 fence height
The site is located at 13055 Tradd St. and is zoned PUD/Planned Unit Development.
Filed by Todd Erb of Sundown Gardens.
Petitioner, please note the following:
1. This Item will not appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, April 13. Published notice is required within
the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see attached pdf.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, April 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, April 13. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition to the April agenda.
5. This Item will appear on the April 23, 2007 agenda of the Hearing Officer of the Board of Zoning Appeals 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.
Mr. Erb can be contacted at 846-0620 or by email attodd@sundowngardens.com.
Department's Review Comments: Petitioner, please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 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 a copy of the official list of adjacent property owners from the Hamilton County Auditor's Office.
3) Provide filled out Notice of Public Hearing (page 5 of the application).
4.) Provide filled out and notarized the Petitioner's Public Notice Affidavit (page 6 of the application).
5.) Provide filled out and notarized Public Notice Sign placement Affidavit.
Thank you.
Angie Conn, Planning Administrator
3/19/2007
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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RfCEIlJED
MAr? !) 2UO!
DOCS
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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
0"1 (J"?7cx")7J6y DATERECEIVED:~ ~ I S~O,
Applicant: -r e>nn 6128 - Si.l'J{)C)1..JN <:; ~f2.0eJJ. <;
Address: /3t.J-OO "'-0_ MIQUOzCW S1'. I C-,,6.SUV\I!:L-: IN 4~0'32
Project Name: }.JeS-r'MaC\....ta/..A'Vo ~StOl!"Nc.e- Phone:~ - O<:O'2b <rJr;,-r'.1I3
DOCKET NO.
i()4lo-0loW
1)
2)
Engineer/Architect:
Phone:
Attorney:
3) Applicant's Status: (Check the appropriate response)
1... (a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
I (c) Other: t....o.f-tOS~~ GoN-rIZA Gr~
Phone:
4)
If Item 3) (c) is checked, please complete the following:
Owner ofthe property involved: 6 Y CZar...) t V P.L,f!=..1 (!:
Owner's address: J .3 05:;- /12.A.C1.:) Sf.
w ~c; 1M otL€: L-A ND
Phone: 5/4 - ,q4~
5) Record of Ownership:
Deed Book No.llnstrument No.
ltAs-(. tJ,.... lOO:;l>OOI<\'t ~4
Page: p.L..1:t '3 ,S l..IOI!#G:,o" Purchase date:
6) Common address of the property involved: ~ 3::>5s-"/'2..bnn ce:;j.
Legal description: lor L/c.f4- V I u..A~t: 0(:: W~<;l ClA~ St::c..:r". #'" 500 I
Tax Map Parcel No.: /7 - 0 ct - Z<l> - 00 - '-ko - eX)'7 . 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).
1') , 11
-..J,eQ0~-r' -'-0 A l-l-Nw ~t')~ ~ CoN<;-rtNC/('l...st/ l::rl 2> to UtGW
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Page 1 of 8 - z:\shared\formslSZA appllcationsl Development S1andards Variance Application rfN. 1212912006
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
9)
10)
11)
12)
Present zoning of the property (give exact classification): -Y U D
Size of lot/parcel in question: 1 15"&0 sq. H. +/-
Present use of the property: ---1<.cz<; ( ne-rvi'l A L
Describe the proposed use of the property: 'Res / oetvTl ~ '--
acres
13) Is the property: Owner occupied V
Renter occupied
Other
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.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: NI / A
Builder: 5U/J0:::l\l-lN GJlf2..Q~S / G(...IOO~ F"~~c.e
,
16) If proposed appeal is granted, when will the work commence?
/.d. () 12-"'- 'S CoM{J ~
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
11toP~ ()W,J~
NOTE: LEGAL NOTICE shall be published in the Indianaoolis 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 Department of Community Services.
Page 2 of 8 - z:\shared\lormSlBZA appllcaUonsl Development Slandards Variance AppllcaUon rev. 1212912006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
~tJ(bWI'J GAt4JE:::fJ. S
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:
-r~~ rc~ 1-tcE:l~tJT (,oJ tU- 1-te!Ul S~cv --r~e Vt<;:;W PlZo^",
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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:
WIL-L ?tzoI/"ID~ AOPl""-/OtVPL- f-e-,vP"'1 ,.,..,f') IS 61'-01
\.d.\ ~ t-J.C:-l ~\,J~D.'\... Sf.,.~ prr~(..I.k:-O '-e\rt?:fl,.
3. 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:
I-t"' WI l.-L 12~ ~.,..e...t 0, "P1Z-l V.Av'1 roiZ- Maine OW~~ taN'J
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DECISION
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, 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).
Page 8 of 8 - z:\shared\lorms\BZA applications\ Development S1andards Variance Application rev. 12/29/2006
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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 Iicant to~. ct my behalf with regard
to this application and subsequent hearings and testimony. ~ '? ( _/ _
Signed: .e? V 3 - / ~ -<) '?
(Property er, Attorney, or Power of Attorney) Date
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(Please Print)
Erb
STATE OF INDIANA
SS:
County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
for /10 nt j / rc ,.,
. (Notary Public's county of residence)
County, State of Indiana, personally appeared
f;dd ~~b
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
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WHITE/GRAY STEPPING
STONES
3 PERENNIALS
NORTHERN SEA OATS GRASS
BOULDER
3 SUMMER BEAUlY
HYDRANGEA
4 window boxes on
panels
4 decorative screen
panels to match fence
W. FOUNTAIN GRASS
BOULDER
DRIFTWOOD
3 SEDGE GRASS
PERGOLA
7 PERENNIALS
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5 PERENNIALS
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8 PeRENNIAlS
3 ENDLESS SUMMER
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3 SLIMMER BEAUTY
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P"l'lels to match fence
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3 BLLlE HOlLY
SWEETBAY
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I 3400 Oid Mendlan St.
Carmel, Indiana 4G032
phone' (317) 846-0620
f.., (3.7) 84c;.495C
'NWW.5undown raens.COn1
LOT 444 V,lIa<le of West Clav
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BRENWICK
March 2, 2007
Sundown Gardens
13400 Old Meridian St
Carmel, IN 46032
Attn: Todd Erb
Re: Lot #444 Fence and Pergola
Dear Todd,
The City of Carmel zoning ordinances limit fences to six feet above surrounding grade.
If your clients wish to maintain their existing, non-compliant fence at its current level,
they must request and receive a variance from the City of Carmel. Please contact Angie
Conn at 571-2417 or email her at aconn@carmel.in.gov to request a Development
Standards variance.
Upon the receipt of the variance, the Review Board will also approve the fence height
and the proposed change to the height of the trellis.
Sincerely,
BRENWICK DEVELOPMENT COMPANY, INC.
Ilf;#----
Todd McLean
Staff Architect
Cc: George Sweet
12821 E. New Market St. Suite 200 · Carmel, Indiana 46032 . 317.574.3400 · 317.574.3919 Fax
brenwick@brenwick.com http://www.brenwick.com
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Valrie & Byron Westmoreland
13055 Tradd St.
Carmel, IN 46032
317-574-1946
Date: 02-28-07
To: Brenwick Association
We understand the fence located on the south side property line of our house is not in
accordance with Brenwick's Association regulations for a six foot fence height. We are in
agreement with our neighbors, the Coles, to keep the fence height at eight feet tall for
privacy concerns. This decision was reviewed by the Brenwick Association Board for
approval.
s~nrrelY"
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Valrie & Byron Westmoreland
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From: "Todd Erb" <todd@sundowngardens.com>
To: <Ijscott@comic.com>
CC:
Subject: Fw: Variance Approval
Date: Wed, 14 Mar 2007 15:04:03 -0500
- Original Message -
From: Valrie Westmoreland
To: K>J:fd@sundowngardens.com
Sent: Wednesday, March 14,20072:30 PM
Subject: Variance Approval
Valrie & Byron Westmoreland
13055 Tradd St.
Carmel, IN 46032
317-574-1946
To: The City of Carmel Zoning Board
We authorize Sundown Gardens Landscape Company to represent us, Valrie and Byron Westmoreland
(homeowners), for a variance petition on our four panel privacy fence height that is located on the south
side of our home property.
Thank: you for time and consideration.
Sincerely,
Valrie & Byron Westmoreland
No need to miss a message. Get email on-the-go
with Yahoo! Mail for Mobile. Get started.
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http://maiIOl.mail.comlscripts/mail/read.mail?print=l&msg_ uid=1173902815&folder=IN... 3/14/2007
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Sponsor: Councilor Rattermann
ORDINANCE NO. Z-465-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
CAAMltL, INDIANA, AMENDING THE WESTCLA Y VILLAG~
PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE
Amending the W~stClay Village Planned Unit Development District Ordinance
WHEREASt a petition has been filed, as Docket No. 04060035 OAt to (i) amend the
development requirements under, and amend and restate, Ordinance No. Z-330 establishing the
WestClay Village Planned Unit Development District (the "District"), as previously amended
and restated~ as provided in Exhibit "A" attached hereto and (ii) to amend the provisions of
Section 31.06.04.1 of the Carmel Zoning Ordinance to add atth.e end thereof: ". . .provided the
foregoing shaH "not apply to proposals to (i) amend Ordinance No. Z-330, establishing The
WestClay Village Planned Unit Development District, as the same is amended or restated from
time to timet or (ii) add land to The WestClay Village Planned Unit Deveiopment District"; and
WHEREAS, the Plan Commission of the CitY of Carmel (the "Plan COPlmis!)ion")
conducted hearings on Docket No. 04060035 OA at its AugUst 17t 2004 and November 16t 2004
meetings as required by law;
WHEREAS, the Plan Commission, sent a favorable recommendation relating to Docket
No. 04060035 OA to the Common Coun~iI of the City of Carmel, Indiana; (the "Council") and
WHEREASt the Council, acting pursuant to IC 36-7-4-607(t), has amended the proposal
to, inter alia, (i) reduce increases in the permitted residential density of the District and limit the .
permitted number of Village Center Lofts, (ii) limit the nUIIlber of "fast food" .restaurants, (Hi)
limit the nuntber of buildings in the Peripheral Retail Area providing drive-thru service, (iv)
increase buffer yard requirement and (v) limit hours of operation in the Peripheral Retail Area,
and desires to return the proposal to the Plan Commission
NOW, THEREFORE, BE IT ORDAINED by the Council:
Section I. Pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and
restated as provided in Exhibit '~A" attached hereto and as thus amended and restated constitute's
and amendment to the Carmel/Clay Zoning Ordinance Z-289,as amended.
Section II. The provisions of Section 31.06.04.1 of the Carmel Zoning Ordinance are
hereby amended to add at the end thereof: ". . .provided the foregoing shall not apply to
proposals to (i) amend Ordinance No. Z-330, establishing The WestClay Village Planned Unit
Development District, as the same is. amended or restated from time to time, or eii) add land to
The' WestClay Village Planned Unit Development District."
" Version 12705
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ceo or wall shall be constructed within a drainage easement so as to obstmct the
er therein.
ith respect to single-family residential structures (i) fences or walls in the front 'yard'
,. riot be more than five feet high, provided that entranceway and lot comers may be
"~ulated. with larger (taller and fatter) posts or other embellishments, (ii) fencing may not
i{c~ed six feet in height along rear and side yard lines and (Hi) patio enclosures located in the
pel1l!itted building area of the lot may not exceed nine feet in height; if not so located, the
maximum height of patio enclosures is six feet.
Section 23. Plattint! and Installation of Improvements.
23. I.. The Development Plan, having incorporated preliminary .plats for the Primary, the
Secondary and the Peripheral Retail Areas conforming to the requirements of Section 5.0 of the
Subdivision Control Ordinance, shall constitute an approved preliminary plat of the Primary, the
Secondary and Peripheral Retail Areas for aU purposes of the Subdivision Control'Ordinance.
23.2. . Only. those terms of the Subdivision Control Ordinance expressly referred to herein shall
govern development in the District. To the extent of any inconsistency between the terms of this
Ordinance and the terms of the Subdivision Control Ordi'nance, the terms of this Ordinance shall'
govern.
23.3. Tn the course of development within the District, the Developer shall cpmply with the
requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1,
the provisions of Se~tion 5.5 of the Subdivision Control Ordinance shall not be applicable to
final plats filed with respect to land in the District if the final .plat substantially conforms to the
Development. Plan.
23.4. In the course of development within the District, the Developer shall comply with the
requirements of Sections 5.6, 5.7, 8.2, 8.3 (subject to the provisions of Section 10 of this
Ordinance), 804, 8.5, 8.7 and 9.0 of the Subdivision Control Ordinance.
23.5. The Development may be platted in phases.
23.6. The Developer shall commence construction of the initial phase of the Development
. Within two years folloWing the effective date of this Ordinance.
23.7. . Upon providing such performance guarantees as may be required by Section 5.7.1 of the
Subdivi~ion Control Ordinance, the Developer may commence construction of improvements in .
the District at any time after the Development Plan is recorded; provided, however, that no
residential lot may be conveyed to a third person until a final plat depicting such lot has ,been
approved pursuant to this Section 23, and recorded.
so
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21 .1. Street lights shall be decorative and consistent with the Development Plan.
21.2. Along all commercial streets, parking areas, sidewalks, walkways, courtyards, and
community area in the Village Center, decorative lamp posts shall be provided at regular
intervals. Except as otherwise provided in Section 21.3, lamp posts shaH not exceed 14 feet in
height and shall be spaced at no greater than 80 feet on center on both sides of a street. If
installed, lighting on residential streets may be confined to the intersections and corners. Light
poles and fixtures utilized in the District shall complement the predominant architectural theme
of the area where used.
21.3. In parking lots, post heights may be extended to a maximum of20 feet.
21.4. Porch light and yard post lighting sh~ll be incorporated into the street lighting design.
21.5. Dusk to dawn alley lighting shall be provided by lot owners on all garages fronting alleys
or on poles adjacent to parking areas.
21.6. No accessory lighting on any lot shall cause illumination at or beyond the Jot line in
excess of 0.1 footcandles of light.
21.7. Lighting of basketball and tennis court areas shall not create more than 5 footcandles of
light 25 feet from the perimeter of the court.
21.8. Lighting in the Peripheral Retail Area shall comply with the requirements of Section
23C.12 Band C of the Zoning Ordinance.
. 21.9. Lighting in the Peripheral Retail Area parking lots shall be designed and maintained so
that it is reduced to the minimum amount reasonably required for security purposes
during the hours that retail establishments are not open for business.
Section 22. Fences and Walls.
22.1. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet, if
such fences only enclose a regulation court area and standard apron areas.
22.2. Fences or walls enclosing (i) open, civic or recreational space or buildings, (ii) a
commercial lot or (Hi) a commercial structure may not exceed a height of 10 feet.
22.3. Fences and walls shall be measured from the topmost point thereofto the ground adjacent
to the fence or wall; provided, however, that decorative caps or spires which extend above the
highest horizontal member of a fence or the top of a wall shall not be included in the
measurement of.height.
22.4. Any fence placed upon an erected earth berm or masonry wall must govern its height as
measured to the ground adjacent to said earth berm or wall.
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