HomeMy WebLinkAboutApplicationI have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for Guilford
Commons Townhomes. They will be the following:
Holmes, Christine B
From: Holmes, Christine B
Sent: Tuesday, September 01, 2009 4:38 PM
To: Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott 1; Conn, Angelina V; DeVore, Laura B;
Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Hancock, Ramona B; Hohlt,
William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N;
Littlejohn, David W; Martin, Candy; Mast, Darren (dmast @carmel.in.gov); Mindham, Daren; Miser,
Craig; Pohl, Bryan W; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A.
Cc: 'justinmoffett @aol.com'; 'Jon Dobosiewicz'
Subject: Docket No. Assignment: Guilford Commons Townhomes #09090003 V, 09090005 -9 V)
9/1/2009
Docket No. 09090003 V
Docket No. 09090005 V
Docket No. 09090006 V
Docket No. 09090007 V
Docket No. 09090008 V
Docket No. 09090009 V
Total Fee:
$286.00
$88.00
$88.00
$88.00
$88.00
$88.00
$726.00
Development Standards Variance Fee
Additional Development Standards Fee
Additional Development Standards Fee
Additional Development Standards Fee
Additional Development Standards Fee
Additional Development Standards Fee
Guilford Commons Townhomes
The applicant seeks the following development standards variance approvals:
Docket No. 09090003 V Section 18.04.03 Reduction of minimum side yard
Docket No. 09090005 V Section 18.04.04 Reduction of aggregate side yard
Docket No. 09090006 V Section 18.04.05 Reduction of rear yard
Docket No. 09090007 V Section 18.04.06 Reduction of lot width
Docket No. 09090008 V Section 18.04.07 Reduction of minimum lot size
Docket No. 09090009 V Section 18.04.09 Increase in maximum lot coverage
The site is located at 531 Guilford Road and is zoned B7 /Commercial.
Filed by Jon Dobosiewicz of Nelson Frankenberger and Justin Moffett for Guilford Commons, LLC.
Page 1 of 2
Petitioner, please note the following:
1. This item will not need to be on the agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than.Friday, October 1. Published notice is
required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also
required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF). The petitioner will need to
obtain the list of adjacent property owners from the Hamilton County Auditor's Office. Please note, this may take
up to five days.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 23.
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, October 16. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the November 23, 2009 agenda of the BZA.
5. This Item will appear on the October 26, 2009 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. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to
be heard. If no one appears, it will be tabled to the November 23, 2009 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Moffett may be contacted at 317.966.2023
Page 2 of 2
Department's Review Comments; petitioner. please complete the following:
1. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to
send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317 -444-
7163 or email: publicnotices @indystar.com).
2. Please make checks payable to the City of Carmel.
3, Please provide filled out and notarized placement of public notice sign affidavit.
4. Please provide proof of notice from the Indy Star.
5. Please provide green signed return receipts
Thank you.
Christine Barton Holmes, LEED AP
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, Indiana 46032
317.571.2424
317.571.2426 fax
Please consider the environment before printing
9/1/2009
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for each additional
section of the ordinance being varied.
All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the
ordinance being varied.
OR see Hearing Officer Fees f r
%,7 4
REGE NED
pUG 31 2u6
p00S
DOCKET NO.
DATE RECEIVED:
1) Applicant: Guilford Commons, LLC
Address: PO Box 799, Carmel, IN 46082
2) Project Name: The Cottages at Carmel Phone: 317 966 -2023
Engineer /Architect: Weihe Engineering, Brady Kuhn Phone: 317 -846 -6611
Attorney: Nelson Frankenberger, Jim Shinaver or Jon Dobosiewicz
Phone: 317-844-0106
Contact Person: Justin Moffett Phone: 317 966 -2023
Email: justinmoffett(d aol.com
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property (b) The applicant is the
contract
purchaser of the property
(c) Other: The applicant is the project manager for Guilford Commons, LLC the project owner.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Guilford Commons, LLC Thomas L. Troeger
Owner's address: 822 Main Street, Lafayette, IN 47901 Phone: 765 479 1644
Deed Book No. /Instrument No. 1(y' ZS !I3- e$ /7" ctz
Page: Purchase date: February, 2008
6) Common address of the property involved: 531 S. Guilford Road, Carmel, IN 46032
Tax Map Parcel No.: 1609250308017.000
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 that applies and/or creates
the need for this request). See attached list. Exhibit "A"
Page 1 of 8 z \shared\f ms\BZA applications\ Development Standards variance Application rev. 01/05/2009
8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact Development Standards Variance
Developer is seeking to plat lots for a development that was previously approved and
constructed for a Horizontal Property Regime (condo). Because of the national
mortgage lending crisis it will be difficult for buyers to obtain mortgages on condominium
units. Should the plan commission allow the developer to plat the iand into fee sirnpie
lots for "true townhomes" lenders will be able to finance buyers using conventional
loans. No design details of the project have changed since the developer received
initial approval of the Development Plan. This platting process simply allows us to
subdivide the land underneath the units to be constructed.
The development has already been approved by the Carmel Plan Commission through
the ADLS /DP process and has been found to be conforming to the underlying
requirements of the B -7 zoning district. No substantive details of the approved project
are changing other than the legal ownership of the land underneath the units.
The developer faces a practical difficulty in platting the lots without first receiving the
requested development standards variances from the Board of Zoning Appeals.
Without these variances in place the developer will face great difficulty in selling units
through the HPR process.
9) Present zoning of the property (give exact classification): B
10) Size of lot/parcel in question: 6 acres
11) Present use of the property: Development Under Construction
12) Describe the proposed use of the property: Same Use- Changing from HPR to Fee Simple
13) Is the property owner occupied: Yes.
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: Approved ADLS /DP plans on file with DOCS.
Builder: Highline Construction, LLC
16) If proposed appeal is granted, when will the work commence? Work already 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? Units for sale as "fee simple townhomes" (patio homes).
Page 2 of 8 z shared formsOZA applications Development Standards Variance Application rev. 01/05/2009
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 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 assigned until
all supporting information has been submitted to the Department of Community Services.
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 applican o act my beha with r r r d to this application d suu seequent hearings and testimony.
Signed: vyJ� OM. if
(Propert er, Attorney, or Powe ttorney)
(Please Print)
for
STATE OF INDIANA
SS:
County of Al Virl I I V /1 Before me the undersigned, a Notary Public
(County in which notarization takes place)
71011
(Notary Public's county I i off�residence)
\j s �i ln W f U l tad acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
day of AU U A1 20 0 e l
Date
County, State of Indiana, personally appeared
n
Notary Public Signature
`(AGI/Q I V }3oor)
Notary Public Please Print
My commission expires:
Page 3 of 8 z3sIaredormeazA applica4msl Develop erem Standards Variance Application rev. 0110512009
4
Exhibit "A" to Board of Zoning Appeals Development Standards Variance Application
The applicant seeks the following development standards variance approvals:
Section 18.04.03 Minimum Side Yard: Applicant seeks to change the minimum side yard from three (3)
feet to zero (0) feet. o 1DOU i/
Section 18.04.04 Minimum Aggregate of Side Yard: Applicant seeks to change the minimum aggregate
of side yard from ten (10) feet to zero (0) feet. ego/
Section 18.04.05 Minimum Rear Yard: Applicant seeks to change the minimum rear yard from eighteen
(18) feet to five (5) feet. en& 7
Section 18.04.06 Minimum Lot Width: Applicant seeks to change the minimum lot width from forty (40)
feet to twenty -nine (29) feet. t rc 2 l 7
Section 18.04.07 Minimum Lot Size: Applicant seeks to change the minimum lot size from thirty -three
hundred fifty (3350) square feet per single family dwelling unit to twenty -six hundred fifty square feet
(2550) per single family d unit (nr as l defines a "true tnwnhnme" (patio home) a i/
Section 18.04.09 Maximum Lot Coverage for Multiple family Dwellings: Applicant seeks to change the
maximum lot coverage for multiple family dwellings from fifty percent (S0 to ninety (90 %).d' o. yr
The site is located at 531 South Guilford Road, and is zoned B -7 Business
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Guilford Commons, LLC
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:
The development has already been approved by the Carmel Plan Commission through
the ADLS /DP process and has been found to be conforming to the underlying
requirements of the B -7 zoning district. No substantive details of the approved project
are changing other than the legal ownership of the land underneath the units.
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 units under construction are of greater value than adjacent homes /condos. The
project was previously approved and found to be an improvement to the existing
character of the neighborhood.
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:
Developer is seeking to plat lots for a development that was previously approved and
constructed for a Horizontal Property Regime (condo). No design details of the project
have changed since the developer received initial approval of the Development Plan.
This platting process simply allows the developer to subdivide the land underneath the
units to be constructed. Without receiving the development standards variances the
developer will be unable to plat the lots individually and will be forced to sell the units as
condominiums which are currently subject to difficult mortgage financing.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay 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 28th day of September, 2009.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals