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HomeMy WebLinkAbout00001189 (2)JAME,s BRAINARD, MAYOR February 27, 2008 Ms. Janelle Morrison Woodall Construction P.O. Box 807 Zionsville, IN 46077 Ms. Morrison: A recent site visit conducted at the property of 12850 Horseferry Road indicates that the intent of the letter sent by Kevin Brennan, Code Enforcement Officer with our Department, dated November 6, 2007 has not been met. The letter set forth the following conditions as part of the Department's change of position (see attached copy): "Since: our first visit to the property we have seen a considerable change in the height of this masonry wall/fence. The majority of it is now within the parameters of our ordinance for that section where the gate will be located." "If a transition can be provided from the tall section to the lower section and it meets with B,renwick's approval then we will no longer consider this masonry wall/fence to be in violation of local ordinance and therefore require a variance." The conditions have not been met to the intent of the letter. Not only has the height of the illegal wall increased on a significant portion of the run of the wall, but also no transition has been proved to mitigate for the height differential between the section surrounding the gate and the rest of the wall. Increasing the height of the rest of the wall does not qualify as a legal transition nor does it meet the intent of the conditions set before you, as a majority of the masonry wall/fence is, currently out of compliance with Section 22.6 the PUD ordinance drafted by Brenwick for the Village of West Clay (Ordinance No. Z-387-02). This masonry wall/fence need to be brought into compliance with the ordinance and the conditions of the letter dated November 6, 2007 immediately. Please lower the height of the wall to be in compliance with Section 22.6 of the PUD ordinance drafted by Brenwick for the Village of West Clay (Ordinance No. Z-387-02), which maintains a six-foot height restriction at every point of the wall measured from the plane of the natural grade adjacent to the wall structure. A proper transition from the gate sides to this lower height must be provided to mitigate for the height differential created by the height of the wall surrounding the gate enclosure and the height DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317-571-2417, FAX 317-571.2426 MICHAEL R HOLLIBAUGH, DIRECTOR required by the ordinance. If these conditions cannot be met, a variance application must be submitted to our office prior to March 14, 2008 to avoid further enforcement action. If you have any questions regarding this information, please fee free to contact me at (317) 571-2476. Sincerely, N rRO, Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Enclosure CC: File: 00i0 1189 COPY OF CA 0 SIXTNt Lf �4.Arme lit ey DEPARTMENT OF COM[MiUNITY SERVICES Division of Btiilding and Code Services VIA ELECTRONIC MAIL November 8, 2007 12850 Ho:rseferry Revocable Trust 12850 Hors,eferry Rd, Carmel, IN 46032 RE: WALLIFENCE HEIGHT Dear Sir or Madam: This letter is being provided to document the change of position involving the masonry wall/fence located on the property addressed as 12850 Horseferry Rd. Since our first visit to the property we have seen a considerable change in the height of this masonry wall/fence. The majority of it is now within the parameters of our ordinance except for that section where the gate will be located, If a transition can be provided from the tall section to the lower section and it meets with Brenwick's approval then we will no longer consider this masonry wall/fence to be in violation of local ordinance and, therefore, require a variance. If you have any :questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. Thank you for your cooperation. Respectfully, Kevin Brennan Code Enforcement Officer Department of Community Services Cc: FileR 00001189 'ONE CIVICSQUARE CARMEL, INDIANA 46032 (317) 571-2444 of CAII NE -1 City of Canne I DEPARTMENT OF COMMUNITY SERVICES MOP` Division of Building and Code Services VIA ELECTRONIC MAIL November 8, 2007 12850 Horseferry Revocable Trust 12850 Horseferry Rd. Carmel, IN 46032 RE: WALL/FENCE HEIGHT' Dear Sir or Madarn: This letter is being provided to document the change of position involving the masonry wall/fence located on the property addressedi as 12850 Hlorseferry Rd. Since our first visit to the property we, have seen a considerable change in the height of this masonry wall/fence. The majority of it is now within the parameters of our ordinance except for that section where the gate will be located. If a transition can be provided from the tall section to the lower section, and it meets with Brenwick's approval then we will no longer consider this masonry wall/fence to be in violation of local ordinance and, therefore, require a variance. If you have any questions or comments regarding this matter, please feel free to contact me at (317), 5711-2423. Thank your for your cooperation. Respectfully, Kevin Brennan Code Enforcement Officer Department of Community Services Cc: File: 100001189 ONE CIVIC SQUARE CARNIEL, INDIANA 46032 (317) 571-2444 No Text 70 002-19-2MOMoo 154, F z r a was s. •f a. wie3'r .`r6 1 'ODD l Breirvvich Development Company, Inc. 12821 East New Market Street, SLOP 200 317-574-3400 Carmel, InOana 4G032 317-574-3919 November 2, 2007 Carmel/Clay Advisory Board ol'Zoning Appeals City Hall Council Chambers I Civic Square Caz -inell, L N 46032 Re: Wall Height Variance I Dear Council Members: As the lead architect on Brenwick's review board, I have been witness to the evolution of this wall at 12850 Horseferry Road. It began as an eight foot tall patio enclosure built within the building envelope, which is allowable under our guidelines and ordinances. When the homeowners wanted to incorporate more of their side yard, the wall was extended to Just inside their property line, yet held down to six feet, again, as per the guidelines and ordinances. Unfortunately, the six foot tall wall soon became seven feet or greater as the land sloped from front to back. The contractor was asked to step down the wall to keep the top within the allowable height restrictions, which he did. Although the wall may not meet the exact requirements of our ordinances, I believe that the contractor has tried, in good faith, to meet their intent. The Village of WestClay review board finds this wall acceptable, and recommends that C� the height of the wall remain as is - Sincerely, J. Zodd McLean Architectural Review Board Village of WestClay Cc: George Sweet ,..the Art of creating,neighborhoocls ,r; , No Text INT¢_,,.. 0 �+„ ;-•s": kkd'� et 1. t 'aa xt�, �' �.r rr. ss .�/�,¢x'~i •-�r°a` r7�. "'' ;j'p'�f fit, ,•'• '` a;,"t g *'•r ? t f -� .� of i,� � {' 7° � iri ��' ,Yeah, n � r, t•;' ,�' � . . C tx��° i.i�x . .� 'L t1 ar ..' FK *'2,�, ..».g.'�.���`y �/�ry�,fx';Yc t�7y �>•°.yy��s+N`�y��3' eA �g�y .t"•�`� i S.ta J, ,... !�. 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All information has been derived from public records that are constantly undergoing change and is not warranted for accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 17-09-28-00-32-013.000 Property Address: 12850 Horseferry Rd CARMEL, IN 46032 Deeded Owner: 12850 Horseferry Revocable Trust Owner Address: 12850 Horseferry Rd CARMEL, IN 46032 Legal Description: VILLAGE OF WESTCLAY 80.0 X 133.22 IRR Section/Township/Range: 28/ 18/03 Subdivision Name: VILLAGE OF WEST CLAY Block: AGO1 Deeded Acres: 0.24 Political Township: Clay Lot Number(s): 422 Most Recent Recorded Date: 5/4/2006 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I © 2005 Hamilton Co. Website Suggestions or Issues I Conditions of Use I Privacy Policy I Site Mao I Technical Help I HOME © 2006, Hamilton County, Indiana - all rights reserved. http://www. co.hamilton.in.us/apps/reportslrptparcelinfo. asp?sparcelno=1709280032013 000... 7/6/2007 OF H �R��FC City NO, RT-M1- S`f JA of Cannel M DEPARTMENT OF COMMUNITY SERVICES DION Division of Building and Code Services VIA FIRST CLASS MAIL July 11, 2007 12850 Horseferry Revocable Trust oil (011 12850 Horseferry Road Carmel, Indiana 46032 RE: ZONING ORDINANCE VIOLATION Dear Sir or Madam: This letter is being provided to inform you that our department has recently received some concerns regarding 12850 Horseferry Road in the City of Carmel, a property listed under your ownership. The concern cited that the property's surrounding wall on the side of the property exceeded the permitted fence and wall height as per the Village of West Clay PUD Ordinance §22.6. These regulations apply to all fences in the Village of West Clay PUD districts (See attached copy) This department performed an initial site inspection of the subject property and documented that the fence along the side of the property was in violation of §22.6 which regulates the fence in the side yard shall only be six (6) feet in height. There are two possible resolutions to this violation. The first is to simply reduce the fence height of the wall to six (6) feet. The second option is to apply for a Variance of this standard from the Board of Zoning Appeals. If you choose to apply for a Variance, you will need to contact Christine Barton -Holmes at (317) 571-2417 and she will be able to answer any questions and further discuss this process with you. Please either modify the fence or apply for a Variance by August 10, 2007. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2476. Thank you for your cooperation. Respectfully, t Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File:00001189 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 21.6. No accessory lighting on any lot shall cause illumination at or beyond the lot 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. 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 of (ii) a commercial structure may not exceed a height of 10 feet. 22.3. Fences and walls shall be measured from the topmost point thereof to 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. 22.5. No fence or wall shall be constructed within a drainage easement so as to obstruct the flow of water therein. 22.6. With respect to single-family residential structures (i) fences or walls in the front yard shall not be more than five feet high, provided that entranceway and lot corners may be articulated with larger (taller and fatter) posts or other embellishments, (ii) fencing may not exceed six feet in height along rear and side yard lines and (iii) patio enclosures located in the permitted 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. Platting and Installation of Improvements. 23.1. The Development Plan, having incorporated preliminary plats for the Primary and the Secondary Areas conforming to the requirements of Section 5.0 of the Subdivision Control Ordinance, shall constitute an approved preliminary plat of the Primary and the Secondary Areas for all 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 Ordinance, the terms of this Ordinance shall govern. 23.3. In the course of development within the District, the Developer shall comply with the requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1, the provisions of Section 5.5 of the Subdivision Control Ordinance shall not be applicable to 42 P. 01 �c TRANSACTION REPORT OCT-19-2007 FRI 11:47 AM �t FOR; CITY OF CARMEL BCS 3175712499 �c DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP X OCT-19 11:45 AM 95800903 1158" 9 SEND OK 711 TOTAL 1M 58S PAGES; 9 �K PQNnzNzk�,�K u CJ 11 t.U11V (x dz U (J- E SERVICES CITY OF CARMEL / CLAY" T'OWNSI-lip DEPT. OF COMMUNITY SERVICES TRANSMITTAL To: DATE: ,Cock, to LCLUY& —])�L BUILDING & CODE SFRVTCES CITY OF CARMEL ONE CIVIC SQLLk" CAILNUL, IN 46032 PH. (317) 571-2444 FAQ: (317) S71-2499 13UILDING & CODE SERVICES CITY OF CARMEL / CLAY TOWNSHIP DEPT. OF CO UNITY SERVICES T R A N S M T T A L TO: Tw DATE: FROM: BUILDING & CODE SERVICES 'CITY OF CARAML ONE CIVIC SQLIARE CARMEL, IN 46032 PH. (317) 571-2444 FAX (317) 571-2499 ADDITIONAL NOTES: (-'I I I n C, A-� r-a r\ C--, V--,— - . - A - - k � --, I h. N 11 i will 1 PAGE I OF S: Perm Is/Forrns/TPANSMITTAL FOPM — General Office . �-)u I 2DC)�j-. 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. DATE RECEIVED: 1) 2) 3) 4) 5) Applicant: Address: Proiect Name: Phone: Engineer/Architect: Attorney: Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Record of Ownership: Deed Book No./Instrument No. Phone: Phone: Phone: Page: Purchase date: 6) Common address of the property involved: Legal description: Tax Map Parcel No.: 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). Page 1 of 8-z.\sharedVorms\BZA applications\ Development Standards Variance Application rev. 12129/2006 ,8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled, "Findings of Fact -Development Standards Variance"'). 9) Present zoning of the property (give exact classification): 10) Size of lot/parcel in question: 11) Present use of the property: 12) Describe the proposed use of the property: 13) Is the property: Owner occupied 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? IIf 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 Niumiber: 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? 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 !MALL - 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 shouldlibe 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 assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 8 - z;\sharedMomns%BZA applications\ Development Standards Variance Application rev, 12/29/2006 ADJACENT PROPERTY OWNERS LIST The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. 1, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNiER ADDRESS EXAMPLE ONLY: Formal list request sheet & official list may be acquired from the Hamilton County Auditor's Office (776-8401). Auditor of Hamilton County, Indiana --Signature Date Page 3 Of 8 - zAshared%fcrrns%B7A applicationM Develpment Standards Variance Application rev- 12Q!31200H AFFIDAVIT 1, 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. 1, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. STATEOF INDIANA SS: County of ,Signed: (Property,Owner, Attorney, or Power of Attorney) Date (Please Print) Before me the undersigned, a Notary Public (County in which notarization) takes place) for County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of 20_ (SEAL) Notary Public --Signature Notary Public --Please Print My commission expires: Page 4OtB—z.lsharedVormslBZAappllcations\Develt)pirrent Standards VarianceAppliceitionrevA212912006 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No. Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the day of , 20 at pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to; (explain your request --see question numbered seven (7)) property being known as The application is identified as Docket No. The real estate affected by said application is described as follows: (Insert Legal Description) 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. PETITIONERS Page 5 of 8 — z:\sharedMormsl6ZA applications\ Development Standards Variance Application rev. 12/29/2006 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMELICLAY ADVISORY BOARD OF ZONING APPEALS I (WE) DO HEREBY CERTIFY THAT NOTICE OF (petitioner's'Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , 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 ADDRESS STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of -Before me the undersigned, a Notary Public (County in which notarization takes place) for (Notary Public's county of residence) County, State of Indiana, personally aippeared tto�n_ey_) and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of A day of 1200 (SEAL) Notary Public --Signature Notary Public --Please Print\ My commission expires: *10 days notice for a BZA Hearing Officer Meeting Page 6 of 8 — zftsharedVorms%BZA appkcalionM Development Standards Variance Application rev- 12/2912006 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No. Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet 1. Q 3. DATED THIS DAY OF Board Member 20 Page 7 of 8 — a:\SharedVorms\BZA ap�pliications1 Development Standard& Variance Application rev. 12/2912006 Docket No.: Petitioner: CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARAMEL, INDIANA FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be, injurious to the public health, safety, morals and general welfare of the community because: 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: 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: DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zonings 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 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\lformslBZA applicatJons\ Development Standards Variance Applicabon rev. 1212g/2006 Q /{§ /p ❑❑D ❑E ) c ° E { m - � \ i7 z ID ( w \ /{ �) 05 k§ ° j \ x j� � } ] < & k / § o 0 . U )) . rq §Eci Im -0 2eee nj $ cDO m '7 q fR§72 q ¥/p C t }D❑§ C3 ) -� - - m E ) ,? ) e Ti a E � � R � / -Cd ( / « « 3 ww. \ q c 2 7 / e 2 \ o 000 \ k Ek 2 co n (14 C-q ) E � q § � \®\ m = i S•. ku T CD co n CD m (D '0 0 c v m or 0 X' C z m 0 c D m Q) 0 D r U) m m