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Johnspn, Sue E
From:
Sent:
To:
Cc:
Lillig, Laurence M
Thursday. April 25, 2002 3:28 PM
Johnson, Sue E; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S
Hollibaugh, Mike P; Dobosiewicz, Jon C; Hahn, Kelli A; Keeling, Adrienne M; Kendall, Jeff A;
Brewer, Scott I
Docket No. Assignment: Appel Heating & Air Conditioning (V-37-02)
Subject:
Docket No, V-37-02 has been as' ed to the velopmental Standards Variance petition filed by Kenneth R. Appel &
Margaret Appel Winter on beh of Appel Heatin & Air Conditioning for property located at 530 South Range Line Road.
The Filing Fee for this petit'on;($630.00. /
. This Item has not appeare O~f the Technical Advisory Committee.
. Mailed and Published Publ \ Notice needs to occur no later than Thursday, May 2,2002.
. Proof of Notice will need to be received by this Department no later than noon, Friday, May 24, 2002. Failure to submit
Proof of Notice by this time will result in the automatic tabling of the petition to the Monday, June 24, 2002, agenda of the
BZA.
. Ten (10) Informational Packets must be delivered to BZA Secretary Ramona Hancock no later than noon, Friday, May
17, 2002. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the
Monday, June 24, 2002, agenda of the BZA.
. This Item will appear on the Tuesday, May 28, 2002, agenda of the Board of Zoning Appeals under Public Hearings.
. The petitioner will need to provide seven (7) fully filled out Findings-of-Fact sheets for the Special Use the night of the
meeting for the Board's use. Petitioner must also remember to fill out the Docket No. and date on each Ballot Sheet for
the Board. The Findings..of.Fact and Ballot Sheets must be collated.
Sue Ellen, please contact Scott Appel of Appel Heating & Air Conditioning at 317/846-0434 (fax: 317/846-6509) with this
information. f:::::-.. /
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Lamence M. Lillig, Jr.
Planning & Zoning Administrator
Division of Planning & Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
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317/571-2417
fax: 317/571-2426
llillig@ci.carmel.in.us
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One Clvic Square
Carmel, IN 40032
(317) 571-2.417
Fax: (317) 571-2426
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA U
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APR 12 2002
DOCS
FEE: $630,00 for the first plus $70.00 for each additional section of the ordina~ce,being varied.
"
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST'
DATE RECEIVED:
,',
DOCKET NO.
--
1)
Applicant:
Kenneth R. Appel & Margaret Appel Winter
Address:
II
530 South Rangeline Road. Carmel~ Indiana 46032
Engineer/Architect:
Keeler~Webb Associates
Phone: 846.,...0434
574-0140
2)
Project Name:
Appel Heating & Air Conditioning
Phone:
Attorney:
3) Applicant's Status: (Check the appropriate response)'
N/A
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. 316
Page:
594
Purchase date:
October. 1968
6}
Common address of the property involved:
530 South Rangeline Road
Legal description:
See Attached
Tax Map Parcel No.:
16-09-25-04-04-010.000
7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need far this request).
Variance of required 5' buffer yard for landscaping per Chapter 26 of Carmel
Zoning ordinance. strict application of thecordinance would inhibit the
use of the north and south drives to access the rear of the subj ect property.
Page 1 of 8 - Davelopmental Standards Variance Application
8)
9)
10)
11)
12)
13)
State reasons supportingY Developmental Standards Variance: (AJ~onallY, complete the attached question
sheet entitled "Findings Of Fact-Developmental Standards Variance'~). ..
The site and adjoining indUstrially zoned sites ~ep~~ and access ac~ss
the property lines. The side yards of the site have fully been developed
to the property line including the existing structure and proposed addition.
Present zoning of the property (gIve exact classification):
0.810
T.,.l
Size of lot/parcel in question:
acres
Heating & Air Conditiong Installation and Service/Office
Present use of the property:
. New building addition for office expansion and
Describe the proposed use of the property:
remodeling of existing structure
Is the property: Owner occupied
yes
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.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
ASAP
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Appel Heating and Air Conditioning
NOTE: ..
. LEGAL NOtiCE shail be published in the Noblesville Dailv Ledqer 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.)
Page 2 of 6 - Dewlcpmental Standards Variance Applicatlon
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CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Kenneth R. Appel & Margaret Appel Winter
Petitioner:
FINDINGS OF FACT - DEVELOPMENTAL 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:
the installation of buffer yard landscaping would interfere with access to
the site to the site.. create hardship for adjoining properties for parking
and access. and would create site distance problems
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:
the proposed building addition will enhance the .property and increase the
value of teh structure on the site.
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:
it would el:iminate existing access tD~~the rear of the site. restrict shared
parldng and access with adj oining properties.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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).
s:\carmelclaylandUseregs\checklist\devstandapp
Revised 10/17/2000
Page a of a - Developmental StandardS Variance Applicallon
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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.
Signed:
(Property Owner,
Date
Scoff ~/
(Please Print)
STATE OF INDIANA
55:
County of
BA 1V\ l L TO J-J
(County in which notarization takes place)
Before me the undersigned. a Notary Public
for
MPrD\~o;"">
(Notary Public's county of residence)
County, State of Indiana, personally appeared
.3co-'t\ A?pe L-
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
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day of
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Grzeb ~Ae~
Notary Public--Please Print
My commission expires:
'(-23 "07
Page 4 of B.. Developmental Standards Variance Application
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LEGAL DESCRIPTION
A part of the East Half of the Southeast Quarter of Section 25, Township 18
North, Range 3 East, described as follows:
Beginning at a point 894.0 feet North of the South East corner of said Southeast
Quarter Section, running North on the East line of said Quarter Section 100.0
feet, thence West 352.6 feet, thence South 100.0 feet, thence East 352.7 feet, to
the place of beginning, containing 0.8 acre, more or less, in Clay Township,
Hamilton County, Indiana.
Subject to all legal easements and rights of way.
ALD-Legals-0202-070-Appel