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HomeMy WebLinkAboutApplication CITY OF CARMEL -CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE RF,OUEST FEE: Single Family (Primary Rcsidcnce) $286.00 Cor the lust varianec, plus $85.00 for each additional section of the ordinance being varied. All Other $1,133.501or the first variance, plus $535.50 Cor each additioual section of the ordinance bein see Hear~in)g 017 iLcer Fccs DOCKB'F NO. dRdS~~I V DATE RECEIVED: ~9, 2009' I) Applicant: Kirk E and Jo A Tavlor Address: 13751 Deer Ridge Place, Carmeh IN 46033 2) Project Name: 'I^aylor Home Engineer/Architect: N/A Attorney: James E. Shinaver Nelson and Frankenberger, P.C. 3150 East 98'" Street, Suite 170 Indianapolis, IN 46280 (317) 844-0106 Contact Person: Jon C. Dobosiewicz ~I RECEIVED Phone: APR29Tm9 DOCS Email: ion~nf-law.com 3) Applicant's Status: (Check the appropriate response) _X_ (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of [he property (c) Other 4) If Item 3)(c) is checked, please complete the following: Owner of the property involved: Phone: Landowner Address: 5) Record of Ownership: Deed Book No./Instrument No.: 2001-52435 6) Common address of the property involved: 13751 Deer Ridge Place, Carmel, IN 46033 Legal description: see Exhibit "A" 'fax Map Parcel No.: 16-10-21-13-OS-035.000 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 [hat applies and/or creates the need for this request). encroach into a legal drain easement. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Page 1 of 9 The reduced setback (non enforcement) of the Mitchener Ditch Legal Drain has been reviewed by the County Surveyor's office. Approval of anon-enforcement was granted by [he Drainage Board on April 27, 2009. 9) Present zoning of the property (give exact classification): S-I Residential 10) Size of lot parcel in question: Approximately 1.26 acres I I) Present use of the property: Single Family Residence 12) Describe the proposed use of the property: Single Family Residence 13) Is the property: Owner occupied Renter occupied Other 14) Are (here 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 I S) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Immediately upon obtainin all required approvals. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns NOTE: LEGAL NO'TICB shall be published in the Indianapolis S[ar a MANDATORY twenty-five (25) days prior to [he public hearing date. The certified "ProoCoC Publication" aKdavi[ for [he newspaper must be available for inspection the nigh[ of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods oC notice are recommended: I) CERTIFIED MAIL -RETURN RECEIPT REQUESTED sent to adjoining property owners. ('Che white receipt should be stamped by the Post Office at Icast bvcnty-five (25) days prior to the public hearing date.) 2) hIAND DELIVERED to adjoining and abutting property owners (A receipt signed by [he adjoining and abutting property owner acknowledging the [wenry-five (25) Uay notice should be kept Cor veri Gcation that the notice was completed) REALIZE'I'lili BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILI"fY OF THE APPLICAN'T'. AGAIN, THIS TASK MUST 13E COMPLETED AT LEAST"TWENTY-FIVE (25) DAYS PRIOR'CO PUBLIC HEARING DATE. 'The applicant enders(ands that docket numbers will not be assigned until all suooorline infortna[ion has been submitted to [he Department oCCommm~i[v Services. Page 2 of 9 STATEMENT OF APPLICANT I hereby state that I am the owner of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are correct. By \ ~: Kir ay or State of ~h c~n~a n a~ County of ~ rn,; ~-~,-~~_ SS: Before me the undersigned, a Notary Public for /~,Q ri p n County, State of Indiana, personally appeared Carl Comstock and acknowledged the execution of the foregoing instrument this 24/~day of April, 2009. My Commission Expires: r-,~ a `/ ZD/ (a Notary •wJW,.. y,,....;~,. BECKY J. Tl1RNER v . , _ .,v, Marlon County . ~,~...Ew.• My Commission E~yiBs 2018 124 g;~~ ,, ~. , Apri Page 4 of 9 EXHiBTT "A" LEGAL DESCRIPTION Lot Numbered 65 in Valleybrook, Section Two, an Addition to the City of Carmel in Hamilton County, Indiana, as per plat thereof, recorded in Plat Cabinet 1, Slide 30 as Instrument No. 8911831 in the Office of the Recorder of Hamilton County, Indiana. Page 9 of 9 NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS OF THE CITY OF CARMEL, INDIANA Docket Number NOTICE IS HEREBY GIVEN that the Board of Zoning Appeals of the City of Carmel, Indiana (the "BZA"), meeting on the 18th day of May, 2009, at 5:30 o'clock p.m., in the ton Floor Caucus Room, City Hall, One Civic Square, Carmel, Tndiana 46032, will hold a Public Hearing regarding a request for the following variance pertaining to the real estate (the "Real Estate") described in Exhibit "A" attached hereto. Developmental standards variance pertaining to the required rear yard setback for accessory buildings of an easement plus three feet; and 2. Any other developmental standards variances deemed required or necessary by the Carmel Department of Community Services or the BZA. The Real Estate is zoned S-1 Residential and is approximately 1.26 acres in size. The Real Estate is commonly known as 13751 Deer Ridge Place, Carmel, Indiana 46033, and is generally located on the east side of Deer Ridge Place south of Deer Ridge Drive North, in the City of Carmel, County of Hamilton, State of Indiana. Copies of the requests and accompanying plans are on file for examination at the Department of Community Services, One Civic Square, Carmel, IN 46032, telephone 317/571- 2417. All interested persons desiring to present their views on the above proposed Variances, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. Written objections to the proposed Variances that are filed with the Department of Community Services prior to the Public Hearing will be considered, and oral comments concerning the proposed Variance will be heard at Che Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CAKMEL, INDIANA Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals APPLICANT Carmel Monthly Meeting of Friends, Inc. 651 West Main Street Carmel, IN 46032 (317)846-5090 ATTORNEY FOR APPLICANT James E. Shinaver NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 (317) 844-0106 Page 5 of 9 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Kirk E and Jo A Tavlor 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: The Drainage Board has approved anon-enforcement allowing the improvement and they are the entity responsible for management of the easement. 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 Drainage Board has approved anon-enforcement allowing the improvement and they are the enfi , responsible for management of the easement. 3. The strict application of the terms of the Zoning Ordinance to Che property will result in practical difficulties in the use of the property because: "Che Draina>e Board has approved anon-enforcement allowing the improvement and they are the enti responsible for management of the easement. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject [o any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this 1S'" day of Mav 2009. CFIAIRPERSON, Carmel/Clay Board of 1,oning Appeals SECRETARY. Carmel/Clay Board oC Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 9 .. u Kirk E. and Jo A. Taylor Variance Request: Mitchener Ditch Legal Drain • 13751 Deer Ridge Place Carmel, Indiana The above exhibit identifies a portion of 13751 Deer Ridge Place. The proposed Variance request is to permit a accessory building to be constructed within the 75' Legal Drain Easement. ANon-enforcement Request is to allow improvements to encroach into the Legal Drain Easement for the Mitchener Ditch Was approved by the Drainage Board on Apri127, 2009. The non-enforcement allows improvement up to within 25 feet of the Legal Drain. The improvements will include a patio with outdoor kitchen and retaining wall to be placed in the area identified above and in the attached photos. Kick Tai{or Explanation 042809 #~ .~ H i • r..~ .~ ~ ~~ ~ ~ r~~ ~xi ~~(~~(~~y~RR~~~~ ~11~ "" w . .v ,_ .: ~. .. 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