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Conn, Angelina V
From: Conn, Angelina V
Sent: Wednesday, April 18, 200711 :09 AM
To: Tingley, Connie S
Cc: 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.;
miked@deboyland.com; 'Stacey A. Fouts'
Subject: Docket No. Assignment: (V) Brookshire Village, See 2, lots 79 & 81 (#07040015-16 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers and fees for (V)
Brookshire Village, Sec 2, lots 79 & 81. They will be the following:
Docket No. 070040015 V $270.00
. -
Docket No. 07040016 V
$270.00
'Brookshire Village, Sec 2, lot79
The applicant seeks the following development standards variance approval:
Docket No. 07040015 V Chapter 26.02.19.0 platted building setback line
The site is located at 12367 Brompton Rd. and is zoned R-2/Residence.
Filed by DeBoy Land Development Services.
Brookshire Village, Sec 2, lot 81
The applicant seeks the following development standards variance approval:
Docket No. 07040016 V Chapter 26.02.19.0 platted building setback line
The site is located at 12341 Brompton Rd. and is zoned R-2/Residence.
Filed by DeBoy Land Development Services.
Petitioner, please note the following:
1. This Item does not need to appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, April 26. 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, May 18. 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, May 11. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition.
5. This Item will appear on the May 21, 2007 agenda 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.
Stacey Fouts can be contacted at 770-1801 or by email atsaf@deboyland.com.
Department's Review Comments: Petitioner. please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317444-7163 or email:
publicnotices@indystar.com).
4/18/2007
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2.} Checks can be made out to The City of Carmel.
3} Provide a filled out and notarized Public Notice Sign placement Affidavit.
4.} Provide a filled out and notarized the Petitioner's Public Notice Affidavit (page 6 of the application).
5.} Provide a filled out Notice of Public Hearing (page 5 of the application).
6.} Please provide page 7 - Ballot Sheet - in the information packets.
7.} If possible provide building elevations and/or photos of the houses and their proposed additions.
8.} Check to see if there are neighborhood covenants/restrictions that may restrict the proposed addition that encroaches
into the platted building setback. If so, this would be a private issue to be resolved amongst the neighbors.
Thank you.
Angie Conn, Planning Administrator
4/18/2007
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APPLICATION FOR BOARD OF ZONING APPEALS ACTIO .:_: DOCS l:::.-=
DEVELOPMENT STANDARDS VARIANCE REQUEST.fZJS /,,9:;
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FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each addition'seCtio~ 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
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DOCKET NO.
DATE RECEIVED:
1) Applicant: Michael H. Baker, Homeowner/Nathan Thornberry, M One Construction
Address: 12367 Brompton Road
Project Name: Michael H. Baker Home
Engineer/Architect: DeBoy Land Development Services
Attomey: N/ A
3) Applicant's Status: (Check the appropriate response)
2)
Phone: 413-4129
Phone: 770-1801
Phone:
X (a) The applicant's name is on the deed to the property
(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:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No.llnstrument No. 200600058998
Page: Purchase date: September 28, 2006
6) Common address of the property involved: ~~t:SroriiDl({n!;Rbi:l([;;:7(bot;7.9j
Legal description: 32/18/04
Tax Map Parcel No.: 16-10-32-02-10-014.002
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the CarmeVClay Zoning Ordinance that applies and/or creates the need for this request).
A variance in the rear building setback as platted onthe record plat Brookshire village - Second Section
is requested to allow an encroachment of 8.6 feet into the platted rear yard of 75 feet or a reduced rear
yard setbackof 66.4 feet (ReQuired per Carmel city Code Chapter 10: Zoning & Subdivision Article 1:
Zoning Code - Carmel Zoning Ordinance Chapter 8: R-2/ResidEmce District-seciton 8.04 Height & Area
Requirements-Section 8 04 03 Minimum Lot Standards Section D. Minimum Rear Yard 1. Sinale Family
Dwelling: Twenty (20) feet).
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Page 1 of 8 - z;\sharvd\forms\BZA applicatlonSl Development Standards Variance Application rev. 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").
The variance does not affect any properties owned or in use by the public nor does said variance encroach
upon ::Iny re::ll e~t::lte nor to titled to the current record owner Furthermore the v::Iri::lncp. i~ for
improvements that increase the value of the real estate for which the variance is located. In addition said
variance exceeds the minimum requirements for either front or rear setbacks for this the R-2/Residence
District.
9) Present zoning of the property (give exact classification): R-2
10)
Size of 10Uparcel in question:
.203
acres
11) Present use of the property: residential home
12) Describe the proposed use of the property: residential home
13)
Is the property: Owner occupied
Renter occupied
Other
x
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket
number, decision rendered and pertinent explanation.
N/A
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder: M One Construction
16) If proposed appeal is granted, when will the work commence?
Work was in progress.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Michael H. Baker. Homeowner
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 Deoartment of Community Services.
Page 2 of 8 - z:lsharedlformslSZA appticationsl Development Slandards Variance Apptication rw. 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 applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
STATE OF INDIANA
SS:
County of
Michael H. Baker
(Please Print)
Hamilton
(County in which notarization takes place)
Before me the undersigned. a Notary Public
for Hamilton
(Notary Public's county of residence)
Michael H. Baker
(Property Owner, Attorney, or Power of Attorney)
5th
day of
April
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
.20 07
Stacey A. Fouts
Notary Public--Please Print
My commission expires:
February 28. 2010
Page 4 of 8 - z:\shared\formslBZA applicationsl OewIopRlllnt Standards Variance Application rev. 12/29/2006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
DeBoy Land Development Services for Michael H. Baker, Homeowner
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:
said variance is for an improvement located at the rear of the property that does not extend into anY..-
public right-of-way or easement. Furthermore, the variance requested exceeds the minimum front
or rear yard set back per ordinance In this case rear yard
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:
said variance does not ohvsicallv extend uoon the adioining property nor affects their use or
enjoyment Said variance is for an addition, this increases the size of the structure on the suhjer.t
orooerty and therefore its value and the value of the overall community.
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:
the removal of the addition in place will cause damage to the original structure and that said
original structure may not be able to reoaired to level of service and Qualitv enioved prior to said
addition placement.
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, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8 - z:lshared\formslBZA appficatlonsl Development Standards Variance Application nlV. 1212912006
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