HomeMy WebLinkAboutRemonstrance
May name is Cindy Peyton and I reside at 4859 Windrift Way. Concerning the variance
request by Joey Steffen I have some points that I would like considered.
I feel that Mr. Steffen does have a property owner's right to have a garage on his
property. It would increase his property value. The garage should be in the correct
proportion and made of building materials consistent with his existing structure and the
surrounding residences.
The building that is being proposed is 50% larger than the property and it's size, both
square footage and height, would be out of line with even a nice or "large" garage.
The property is currently zoned S 1 . The building that Mr. Steffen is proposing would be
consistent with a "light" commercial, storage or recreational facility. Even if Mr. Steffen
contends that he will not be using the building for any business or large recreational use
when he chooses to transfer the property to another (or a corporation or LLC) the
building and the property will interest buyers who will want to use the building for light
commercial or large recreational uses. Most homeowner's will not want a corrugated
metal building in their front yard! The types of uses that this building is meant for are not
consistent with this SI propertty's location or current zoning. The decision that the BZA
makes today, if it grants the variance, will require constant government follow up to
police the property's use.
If Mr. Steffen wants to build a residence that is to be included in the Windpointe
neighborhood then I request that the zoning variance be denied so that we may move
ahead with the plans and HOA approval of the residence and inclusion into the
neighborhood. Currently Mr. Steffen is under the belief that the neighborhood will
authorize a residence with this building but that decision is being challenged by a group
of neighbors. The Homeowner's board made the decision out of the scope of their
authority and without proper notification to the neighbors. When the entire neighborhood
understands the great risk that this decision puts our convents in (through the legal issue
of Laches) and there is discussion around the issues then the decision can be made in a
proper way.
I understand Mr. Steffen is concerned with storage but I would like to add that he
currently has 5 (plus 2-3 below ground) garage bays on his property within Y4 of a mile
from this Gray Road property
I would like Mr. Steffen to build a residence and ifhe choses to join Waterstone to build
it in a manner that meets the building requirements of the CCand R's .
I would not like to have a commercial or recreational building on that property made out
of non-residential materials. This is in the best interest of my property value as well as
my immediate neighbor's.
Thank&drY2/M
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4529 Brookshire Pkwy, .
Carmel, IN 46033
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Petition to
STOP POLE BARN CONSTRUCTION
There currently is an application before the City of Carmel, Board of Zoning Appeals, requesting three development
standards variances to construct a forty (45) foot by Seventy (70) foot pole barn with an overall height of approximately
twenty three (23) feet. Variances requested are as follows:
· 07060008 - Variance for section 250101.B1, exceeds maximum allowable height of eighteen (18) feet.
· 07060009 - Variance for section 250101 B3A iii, Pole barn to be located in the front yard of the existing house.
· 07060007 - Variance for section 250101 B8, Pole barn exceeds square forage of existing house. Pole barn square
footage of 3,150 vs. house square footage of approximately 1,180.
We, the undersigned, are concerned citizens who urge our leaders to act now to vote NO for Development Standards
variance requests 07060007, 8 & 9 as listed in the Petition summary for the following reasons:
· The Pole barn is neither "subordinate" nor "incidental" to the main use of the premises.
· Chapter 25.01.01 A.1 The pole barn would alter and change the character of the premises.
· Chapter 25.01.01 AA.a The pole barn is being constructed upon the lot before the construction of the Principal
Residence has actually commenced.
· Chapter 25.01.01 AA.b No Accessory Building shall be used until the Principal Building on the Lot is also being
occupied for the intended purposes.
· To allow the Pole Barn to be construction would have an adverse material impact on the surrounding property
values in the area.
· The barn will be visible by all neighbors and person(s) traveling Gray Road during Fall, Winter and early Spring
seasons.
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Thank you for the email. I will have the BZA secretary distribute this email to all BZA members. As I am not the BZA liaison
anymore, I have also copied Christine Barton-Holmes on this email so she is aware.
The BZA rules of procedure do allow for a petition tabled many times to remain on an agenda if the petitioner does re-send public
notice to the neighbors and newspaper. I do not know if the BZA has required this yet. It may be something good for your or our
Staff to bring up at the meeting on the 25th.
Tingley, Connie S
From: Conn, Angelina V
Sent: Tuesday, June 19,200711 :10 AM
To: 'Tom Harris'
Cc: Robert S. Diener, Jr.; Tingley, Connie S; Holmes, Christine B; Hollibaugh, Mike P
Subject: RE: BZA PROCEDURE (Applegate Condos)
Thank you,
Angie Conn, Planning Administrator
Dept. of Community Services - Planning & Zoning
1 Civic Square. 3rd Floor
City of Carmel, IN 46032
p.317-571-2417 f.317-571-2426
aconn@carmel.in.gov
From: Tom Harris [mailto:wdwkcwi@verizon.net]
Sent: Tuesday, June 19, 2007 11:04 AM
To: Conn, Angelina V
Cc: Robert S. Diener, Jr.
Subject: BZA PROCEDURE
ANGELA, MY NAME IS TOM HARRIS. I'M A RESIDENT OF CARMEL ON 1ST AVE N.W. AND I HAVE BEEN FOLLOWING THE
APPLEGATE COMMONS PROPOSAL THAT HAS BEEN IN FRONT OF THE BZA SINCE FEBRUARY.THE PETITIONER HAS
TABLED THE PROPOSAL 3 TIMES AND "POSTPONED" IT TWICE NOW.DURING THE PUBLIC HEARING IN MARCH,MYSELF
AND OTHER LONGTIME RESIDENTS OF THE OLD TOWN AREA VOICED OUR DISAPPROVAL OF THIS PROJECT AND IN
THE END THE BOARD RECOMMENDED THAT MR. LAZARRO TABLE HIS PROPOSAL IN ORDER TO WORK OUT OUR
DIFFERENCES.AN INFORMAL MEETING BETWEEN THE REMONSTRATORS AND MR. LAZARRO TOOK PLACE IN THE
HALLWAY AND WE GAVE MR. LAZARRO OUR CONTACT NUMBERS AND E-MAIL ADDRESSES SO HE COULD TALK TO US
INDIVIDUALLY ABOUT OUR CONCERNS. NONE OF US HAS EVER BEEN CONTACTED REGARDING HIS PROPOSAL.lN THE
MEANTIME, I HAVE PERSONALLY CIRCULATED A PETITION IN THE NEIGHBORHOOD OPPOSING THIS PROPOSAL. ON
TWO SUNDAY AFTERNOONS,I COLLECTED OVER 60 OPPOSING SIGNATURES.ONL Y THREEOF THE OWNERS I
APPROACHED WERE UNINTERESTED. EVERY OTHER OWNER I TALKED TO WAS OPPOSED. I ONLY WENT DOWN FIRST
AVE. N.W. AND FIRST AVE N.E. THE OVERWHELMING SENTIMENT WAS THAT THIS IS THE WRONG KIND OF
REDEVELOPMENT FOR OUR NEIGHBORHOOD.AS I READ THROUGH THE BZA RULES OF PROCEDURE UNDER THE
CONDUCT OF HEARINGS SECTIONS, I CAN'T FIND ANYTHING THAT SAYS YOU ARE ALLOWED TO TABLE AND OR
POSTPONE THIS MANY TIMES, PARTICULARLY WITH OUT AN ADDITIONAL PUBLIC NOTICE.ALSO,THERE IS NO
LANGUAGE ON "POSTPONING" A PROPOSAL.FURTHERMORE, UNDER SECTION 5 OF THE CONDUCT OF HEARINGS,IT
CALLS FOR THE BOARD TO DISMISS ANY PETITION WHICH IS PROGRESSING THROUGH THIS PROCESS FOR A LACK
OF PROSECUTION.MY QUESTION IS; WILL THE BOARD FOLLOW PROCEDURE AND DISMISS THIS PROJECT AND IF NOT
WILL THE REMONSTRATORS BE GIVEN ANOTHER CHANCE TO PRESENT OUR CASE?THE RESIDENTS OF OLD TOWN
HAVE WORKED HARD TO LET THE BOARD KNOW WHERE WE STAND ON THIS PROPOSAL. MR. LAZARRO HAS DONE
NOTHING TO TRY TO WORK WITH US. WHO WILL YOU LISTEN TO? I WOULD APPRECIATE IT IF YOU COULD FORWARD
THIS TO THE BZA MEMBERS AS THEIR E-MAIL ADDRESSES ARE NOT AVAILABLE. THANK YOU . SINCERELY, TOM
HARRIS - 131 FIRST AVE N.W. -CELL 847-3725
6/19/2007
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June 14, 2007
Robert Burkett
11807 N Gray Road
Carmel, IN 46033
- ~
RECEIVED
J/jN 1 52001
lJOCS
Ms. Connie Tingley
Department of Community Services
City of Carmel
1 Civic Square
Carmel, IN 46032
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RE: Docket No: 0706007V-08V-09V
Request for Variance to Construct 40' x 60' Pole Barn.
Dear Ms. Tingley;
I am writing this letter to voice my opposition to the granting of a variance for the proposed
construction of a forty (40) foot by sixty (60) foot pole barn at 11739 N Gray Road. My personal
residence is located immediately north of the 11739 property and I believe that the granting of any
variance for this proposed construction would have an adverse material impact on the value and
marketability of my property for the following reasons;
. The barn would set approximately eight (8) feet from the property line, diagrammed on the
attached plot plan, and would be openly visible from my property all year long.
. The foot print of the proposed pole barn is approximately 3.55 times larger than the existing
house, (Proposed pole barn 40' x 60' = 2400 square feet and the existing house 26' x 26' = 676
sq feet.) and would be located approximately twelve (12) feet from the rear corner of the
existing house as diagrammed.
. A pole barn structure located in close proximity of homes valued from 400,000 to 750,000 and
up, would have an adverse material impact on the values of all adjacent properties.
. The proposed structure, as determined by the City of Carmel, was determined to be neither
subordinate nor incidental to the main use of the premises as set forth in Chapter 3 of the
Zoning Ordinance. It was also the determination ofthe office that the proposed pole barn
would alter and change the residential character of the premises.
I have attached the following items to this letter to provide a visual diagram;
. Plot Plan of my property showing the location the Pole Barn and existing house.
. Two (2) aerial photographs.
. Copy of the letter from City of Carmel dated May 18, 2007, revoking the building permit.
-'
, --'-' .......
. Cover letter, Drawing and description and Notice of Public Hearing received from Mr. Joey
Steffen.
. Copy of my current Notice of Assessment for 2007.
Again I urge the Board to deny any variance for this proposed construction.
Thank you.
Gb~+ BUA~~
Robert Burkett
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NOTICE OF PUBLIC HEAFlINGBEFORE THE
CARMEUCLA Y ADVISORY BOARD OF ZONING. APPEALS
Docket No. 0, 060007 V -OgV - 09 V
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the ~ 5 day of
:rV N~ .20 Of at~pm inthe City Hall Council Chambers, 1 Civic Square, Carmel,
Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to:
~~... (ej(pl~in your request--see question numbered seven (7))
8MJJ UJf>>Stol4(\bE FoR- 190ft]". CAt< -f> AI\/nrwe ~cycLl!J: /JAP~lL"
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C.otm..f' oN 1..; . ~tJ() .. ml f i9~1J If Smlcll--j -!foM6-C.,' . /lflll/lLi
WOClQtfa ,-or- AlL6W.$ IIf/tY LIMJJt:O d~~1\/ LOC/fl'.ONI
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property being known as S IEF FE }.J ~ L oj-
The application is identified as Docket No. 07oE;oCa-; V - %6000~V...... 070bOOO9V
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring topreSEilnt their views ()n the above application, eithEilriri writing or verbally, will be given an
opportUnity to be heard at the above-mentioned time and place.
Page 5 of 8 - z:\shared\fcmnslBZA appllcations\ Development Standards Variance Applicallon rev. 12/29/2006
-- i
NOTICE OF ASSESSMENT OF LAND AND STRUCTURES-FORM 11
State Form 21366 (R6/2-06)/State Form (R5/2-o6)
Prescribed by Department of Local Government Finance
Dixie Packard
Clay Township Assessor
10701 N College Suite C
Indpls IN 46280
317.848.7116
Name and Address of Property Owner:
*******AUTO**5-DIGIT 46033
16-10-33-00-00-021.005 23641
Burkett, Robert G
11807 N Gray Rd
Carmel, IN 46033-9705
1.1..1.11..11.....11...11.1.1..1...111....1.1.11...1...1.11..1
PREVIOUS ASSESSMENT AT 100'10 OF TRUE TAX VALUE
LAND 54,100
STRUCTURES 333,000
TOTAL 387,100
FORM 11
This notice Indicates the assessed value of your property. Information on the valuation of
your property and a copy of the property record card can be obtained from the Township
Assessor at the telephone number and address to the left. You have the right to appeal this
Assessment by submitting a letter to the Township Assessor. The letter must Include the
Parcel or 10 number property address or location, and lIour name and address. You need
to file this letter within forty.five (45) days of the date thIS notice was mailed. The
Township Assessor Is to contact you within thirty (30) days for a preliminary conference.
If you do not receive any communication from township, you may request a hearing
with the county Property Tax Assessment Board of Appeals by contacting the County
Assessor. (1C 6-1.1-15)
Legal Description S33 T18 R04 Lot Block
ParcellD number: 16-10-33-00-00-021.005
Property Address: GRAY RD
CARMEL, 46032
.87 Acres
NEW ASSESSMENT EFFECTIVE MARCH 1, 2008
LAND 96,600
STRUCTURES 333,000
.
TOTAL 429,600
Reason for revision of assessment: Trending
Your new assessment reflects the annual adjusting of property values. Annual Adjustments are part of Indiana's move to a market-based assessment
system that began in 2002.
The annual adjustments are calculated by comparing the prior year assessment with current sales data from a nei~hborhood. The difference, positive
or negative, was used to create a factor that assessing officials applied to your property's assessed value to bring It to current market value.
Taxpayers could see an increase or a decrease in their tax bills after the annual adjustment of the assessment based on their location and the
expenditures by local government. In essence, the assessment represents a property owner's share of the overall tax burden for a specific area.
Because property values rise and fall over time, annual adjustments are necessary to ensure an assessment reflects the current market value of a
property. With annually adjusted market-based assessments, the local tax liability in a community will be more uniformly distributed.
Your new assessed value should reflect the amount a willing buyer would pay for the property at the time of assessment. The best way to determine if
your new assessment is accurate is to ask if the property could have sold for roughly that amount.
Appeal rights don't change with the implementation of annual adjustments. Taxpayers will still be able to review their assessment and appeal the
value of the property to local assessors. 1t'81mlJOrtant to remember that an InCl'8888ln the 888888ment doee not necnearlly cau.. an InC1'8888
In taxe8. A pel'8On'8 tax bill.. a direct reeult of the local budgetary neec18 of their gavemment and lIChools. .
-The above information was provided by the Department of Local Government Finance.
If the change in assessment is due to a new home, you should be aware that there are many property tax benefits or deductions available. Please see
Property Tax Deductions and Credits on the Auditor's page of the county's website - www.co.hamilton.in.us.
The County Auditor's records indicate the following deductions on file for 2005 pay 2006. These deductions may not reflect a recent transfer in owner-
ship and may belong to the former owner. They also may not reflect a recent refinance filing. Homestead deduction amounts increased to 45,000 for
2006 pay 2007 only. If you have any questions about the deductions listed or about eligibility requirements, please call the Deductions Clerk in the
Auditor's office at (317) 776-9602 or (317) 776-8296.
Mortgage 0 Aged 0 Rehab 0 Non-Taxable 0
Homestead 35,000 Veteran 0 ERA 0 Govt Exempt 0
Blind 0 Disabled 0 GEO 0 Stored Fertilizer 0
County: Hamilton I Township: Carmel I Date of Notice: December 15, 2006
Township Assessor: Dixie Packard I Telephone Number: 317.848.7116
Address (number and street, city, state ZIP code): 10701 N College. Suite C, Indpls IN 46280
Roads
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US Highway
State Road
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Thursday, June 14, 2007 10:35 AM
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Thursday, June 14, 2007 12:43 PM
"
CITY ()f
JAMES BRAINARD, MAYOR
Mr. Joseph W. Steffen
4984 Waterside Circle
Carmel, IN 46033
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May t8,~007
RE: Revocation of Permit No. 07040094
Dear Mr. Steffen:
Pursuant to the authority v~sted in me by the general ordinances ofthe City of Carmel,
Indiana, I hereby revoke the above referenced permit.
This office has determined that the premises on which your proposed barn (or detached
garage, as described in your application for an Improvement Location Permit) would be
situated constitutes a Double Frontage Lot under Chapter 3 ofthe Carmel Zoning
Ordinance. Pursuant to Section 26.02.01 of the Zoning Ordinance, a front yard or setback
must be provided on both adjacent streets, namely Gray Road and Windpointe Pass.
Section 5.04.03.A provides for a minimum front yard in the S-1 Residence District of
forty (40) feet from the right-of-way of the public streets. In addition, this office has
determined that the proposed barn would not conform to the definition of an Accessory
Use set forth in Chapter 3 of the Zoning Ordinance, which requires that the Accessory
Use be both "subordinate to the main use" and "incidental to the main use" on the same
lot. In view of the fact that the barn would not be used in conjunction with the existing
residential use (the house situated on the same lot), the barn is determined to be neither
"subordinate" nor "incidental" to the main use ofthe premises. Finally, it is this office's
determination that, even if the barn otherwise constituted an accessory building or use,
that such building or use would alter or change the residential character of the premises,
in violation of Section 25.01.01.A.1 of the Zoning Ordinance.
Pursuant to Section 30.01 of the Zoning Ordinance, you may appeal this revocation of
your permit to the Carmel Board of Zoning Appeals. Appeals must be filed within thirty
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQIJARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH, DIRECTOR
(30) days ofthe action being appealed. You may contact Christine Barton-Holmes of this
Department to discuss the necessary process.
Sincerely,
Michael . Hollibaugh
Director, Department of Co
cc:
Robert Burkett
Stephen Eppink ",.,..
David & Margo Harding
Sarad & Rannade Parekh
Douglas & Doris Segar
1
,.;-
. .
Joey Steffen
4984 Waterside Circle
Carmel, In 46033
My name is Joey Steffen. My wife Mala and I own the lot at
11739 N. Gray Road. (The wooded lot with the stone drive and 60 year
old white house on the hill). I have enclosed a plat showing my lot and
surrounding neighbors.
A few months ago I pulled a permit from the city of Carmel to
build an accessory building in location A. (yellow) This process did
not require a "variance" from the City of Carmel. Because of the
neighbor resistance to this building, I met with the adjoining property
owners Wang, Eppink, Segar, and Waterstone Homeowner President
Steve Fusek. We all discussed moving the accessory building to a
possible different location on the lot. I halted construction and decided
on location B.(green) Location B (green) does require a "variance". I
have applied for a variance to build this building in location B. This is
why you are receiving this letter. I am required by law to notify all
surrounding properties of my intentions.
At this time, there are no restrictions on this 60 year old lot.
Since I personally live in Waterstone, lam trying to be sensitive to the
neighbor's wishes. (No one wants any future owner of this lot to be
able to put up a double wide trailer and chain link fence). If there is no
resistance to the "variance," I have agreed that any owner of this lot
will be legally bound to the Waterstone Covenants. In other words, a
very nice home would be built.
If you have any questions, please feel free to call me.
Thanks,
t1~en
Cell: 317-201-7777
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