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HomeMy WebLinkAbout00003220TN A Cityof Carmel DEPARTMENT OF COMMUNITY SERVICES !ro°mrari� Division of Building and Code Services September 23, 2009 Stuart B Reed 12351 West Rd. Carmel, Indiana 46033 RE: BZA SPECIAL USE APPROVAL VIOLATION Dear Sir VIA CERTIFIED MAIL This letter is being provided to inform you that it has recently been brought to the City's attention that the property at 12351 West Road, a property listed under your ownership, is in violation of the Special Use Approval (09030013 SU) that was granted by the Carmel Board of Zoning Appeals on May 19, 2009. The approval letter from this petition states that the approval was conditioned upon the vacation of the current drive within three months of the approval. This property was granted Special Use approval by the Carmel Board of Zoning Appeals on May 19, 2009; therefore, the driveway should have been vacated by August 19, 2009. Please vacate this driveway as soon as possible. If the driveway is not vacated by October 1, 2009, additional enforcement action will ensue. Failure to comply will result in further enforcement action which could result in an appearance in Carmel City Court and the assessment of fines. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. For your reference, I have enclosed a copy of the original approval letter from the Board of Zoning Appeals. Thank you for your cooperation. Respectfully, Bryn W. Pohl Code Enforcement Inspector Department of Community Services Cc: File:00003220 Enclosure City of Cannel D P -AR-1 ME.NT OF CONIVIUNITY SFRVICES Division of Building and Code Services September 30, 2009 Stuart B Reed 12351 West Rd. Zionsville, IN 46077 RE: BZA SPECIAL USE APPROVAL VIOLATION Dear Sir: VIA CERTIFIED MAIL copy This letter is being provided to inform you that it has recently been brought to the City's attention that the property at 12351 West Road, a property listed under your ownership, is in violation of the Special Use Approval (09030013 SU) that was granted by the Carmel Board of Zoning Appeals on May 19, 2009. The approval letter from this petition states that the approval was conditioned upon the vacation of the current drive within three months of the approval. This property was granted Special Use approval by the Carmel Board of Zoning Appeals on May 19, 2009; therefore, the driveway should have been vacated by August 19, 2009. Please vacate this driveway as soon as possible. If the driveway is not vacated by October 1, 2009, additional enforcement action will ensue. Failure to comply will result in further enforcement action which could result in an appearance in Carmel City Court and the assessment of fines. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. For your reference, I have enclosed a copy of the original approval letter from the Board of Zoning Appeals. Thank you for your cooperation. Res , Bryan W. o Code Enforcement Inspector Department of Community Services Cc: File:00003220 Enclosure OF 'NOI A14 September 23, 2009 Stuart B Reed 12351 West Rd. Carmel, Indiana 46033 City of Carmel DEPAR 1 \11 \T OF COti1MUNITY SFRVIC'ES Divi,,wn of Buildine and Code Services RE: BZA SPECIAL USE APPROVAL VIOLATION Dear Sir: VIA CERTIFIED MAIL Adpo This letter is being provided to inform you that it has recently been brought to the City's attention that the property at 12351 West Road, a property listed under your ownership, is in violation of the Special Use Approval (09030013 SU) that was granted by the Carmel Board of Zoning Appeals on May 19, 2009. The approval letter from this petition states that the approval was conditioned upon the vacation of the current drive within three months of the approval. This property was granted Special Use approval by the Carmel Board of Zoning Appeals on May 19, 2009; therefore, the driveway should have been vacated by August 19, 2009. Please vacate this driveway as soon as possible. If the driveway is not vacated by October 1, 2009, additional enforcement action will ensue. Failure to comply will result in further enforcement action which could result in an appearance in Carmel City Court and the assessment of fines. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. For your reference, I have enclosed a copy of the original approval letter from the Board of Zoning Appeals. Thank you for your cooperation. Respectfully, *13n Pohl Code Enforcement Inspector Department of Community Services Cc: File:00003220 Enclosure 0OW 3220 CITY OF CARMEL JAMBS BRAINARD, MAYOR LETTER of GRANT May 19, 2009 Brian J. Tuohy Stark Doninger & Smith LLP 50 S. Meridian Street Suite 700 Indianapolis, IN 46204 Re: Reed Private Golf Course — 09030013 SU Dear Mr. Tuohy: At the meeting held Monday, May 18, 2009, the Cannel Board of Zoning Appeals Hearing Officer took the following action regarding the Special Use (SU) filed by you for the property located at 12351 West Road. APPROVED: Docket No. 09030013 SU Special Use application for a private golf course with the following Conditions: Three months to vacate current drive Six months to vacate new temporary drive Six months to raze barn Based on completion of final approvals Please be advised that per Section 21.02.07: Time Limit of the Zoning Ordinance, any person to whom a Special Use is granted by the Board, under the procedures set forth in this chapter, shall have commenced continuous construction of said Special Use or implemented said Special Use within one year of the date of the granting of the approval or said approval shall become null and void. The expiration date of the approval is May 18, 2010. When applying for any applications for permits regarding the improvements contained within this approval, please include a copy of this letter with your application materials in order to assist the Department's review. If I can be of any further assistance, please do not hesitate to contact me at 317/571-2417 Sincerely, Christine Barton -Holmes Planning & Zoning Administrator Department of Community Services cc: Jim Blanchard, Building Commissioner DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571 .2417, FAx 317.571 .2426 MICHAEL P. HOLLIBAUGH, DIRECTOR Hamilton Co., M - Online Reports Page 1 of 1 Parcel Information Report 1. re ort type 2. property search 3. view reports Reset new search general parcel info. property card spring tax statement tax payments fall tax statement I E Special Asse men Disclaimer. ()DID 3 �A The information available through this program is current as of 9/2/2009. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the IN provided by different reports may not match. All Information has been derived from public records that are constantly undergoing change warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-09-31-00-00-003.101 State Formatted Parcel No: 29-09-31-000-003.101-018 Property Address: Deeded Owner: Reed, Stuart B 12351 West Rd Owner Address: ZIONSVILLE, IN 46077 12351 West Road ZIONSVILLE , IN 46077 Legal Description: 12/3/97 SPLT FR CAITO FR A 003.001 & 004.000 9752088 3/I5/99 FR YOUNG 9916178 Section/Township/Range: 31/ 18/03 Subdivision Name: Block: Deeded Acres: 27.53 Political Township: Clay Lot Number(s): Recorded Date: 9/8/2005 The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Check the Transfer History Report for details. This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. © 2009 Hamilton Co. B-� A 'by r 4aA ® 2009, Hamilton County, Indiana - all rights reserved. http://Www.co.hamilton.in.uslappslreportslrptparcelinfo.asp?sparcelno=1709310000003101... 9/3/2009 044Z�,OIC4City of Cannel MINUTES Carmel Board of Zoning Appeals Hearing Officer Monday, May 18, 2009 5:30 PM Caucus Rooms Present: James Hawkins (Hearing Officer) Connie Tingley (Recording Secretary) Staff members in attendance: Christine Barton -Holmes, Planning Administrator Legal Counsel: John Molitor Public Hearing: ld. Reed Private Golf Course The applicant seeks the following special use approval: Docket No. 09030013 SU Appendix A: Use Table Private Golf Course The site is located at 12351 West Rd. and is zoned S-I/Residence. Filed by Eric Gleissner of Civil Site Group, Inc. on behalf of Stuart Reed, owner. Present for Petitioner: Brian Tuohy, attorney and Eric Gleissner, engineer • Mr. Reed and family reside at property • 27 acres plus 7-8 acres recently purchased • Photos shown of properties • Currently 4 greens with golf holes, 5 tee boxes and 3 ponds • Add 3 tee boxes, 2 greens and extend pond onto the 7-acre parcel • Existing entry off West Road leads to storage bam and dog run • Five berms added along 500 feet of West Road frontage and mound at southwest corner o 400 lineal feet in berms with breaks for drainage and aesthetics • About 3 feet high ■ Landscaping of various broad -leaf and pine trees • Completed project comparable to existing use o Set back from road and screened o Large tract lots and ponds o Substantial investment • No adverse affect on property • No affect on traffic • Only used by family • Meets conditions of Chapter 21.03 of the Zoning Ordinance • He felt Special Use not needed for private recreational facility • Mrs. Hiatt, adjoining neighbor, approved use Page 1 of Carmel Board of Zoning Appeals April 27, 2009 Remonstrance: Thomas B. Edgerton, 12266 West Road, across road • No objection to golf course as designed • First holes constructed Spring 2006 • Neighborhood has endured construction mess; photos shown o Eyesore across street from his home with trash and equipment o Outdoor storage o Construction equipment o Outdoor storage of construction equipment o Issue is continued use of staging area for off -road transportation equipment to support maintenance of golf course o Access blocked by City, but knocked down and moved by contractor o John Thomas in City Engineering Office indicated not much City could do as long as it is located adequate feet from West Road • Golf course screened and in good shape • Equipment staging and storage needs screening • Solution o Berm to screen parts of West Road o Vacate curb cut o Continue berm to screen any activity in staging area o Access only by Reed's driveway • West Road is popular for dog walkers, runners and walkers Rebuttal: Brian Tuohy • Agree to vacate access drive and remove barn • During construction access site by temporary drive south of Mr. Edgerton's drive; to avoid existing sprinkler system • Vacate access after construction and use only existing driveway • Construction traffic only during installation work • No high density housing • Finished course will have pastoral setting • Propose time period of six months for installation • Remove existing access driveway on Mr. Reed's property • Install temporary driveway south of Mr. Edgerton's house; shut after construction • Garage and staging area would be gone Department Report: Christine Barton -Holmes • Special Use for extent of work being done City Engineering working through drainage • Urban Forester working on tree species • Overall landscaping plan approved • Impact potential to be minimal Department recommended positive consideration Page 2 of 4 Carmel Board of Zoning Appeals April 27, 2009 Discussion: • Vacate current drive immediately or within 6 months • 90 days needed to move to south entrance • Then 90 days to vacate second entrance • Additional berms and trees • Breaks in berms for drainage Action: Mr. Hawkins APPROVED Docket No. 09030013 SU, Reed Private Golf Course, with Commitments (based on final approvals) to vacate current access drive within three months, vacate new temporary access drive within six months and raze bam within six months Result: Mr. Edgerton stated height of berms only issue with staging area. If curb cut vacated and bam removed, berms would not be necessary. 2d. Taylor Home Addition The applicant seeks the following development standards variance approval for a patio addition: Docket No. 09050004 V Section 25.01.01133.b.i(b) Encroachment into easement The site is located at 13751 Deer Ridge Place and is zoned Sl/Single-Family Residential Filed by Jon Dobosiewicz of Nelson & Frankenberger for the Taylors. Present for Petitioner: Jon Dobosiewicz, Nelson & Frankenberger and Curt Taylor, owner • Reviewed packet • Photo of location • Within Valleybrook Subdivision • Adjacent to Mitchener Ditch • 75-foot statutory legal drain easement • April 27, 2009 Hamilton County Drainage Board approved non -enforcement of the easement to allow filling in area • Carmel's Ordinance requires outside easement plus 3 feet o Does not recognize jurisdictional authority over easement has released the owner o Making both approvals necessary • Photo showing area to be filled in to allow outdoor kitchen, seating and covered seating area • Encroachment no further than what Drainage Board granted under the non -enforcement Public Hearing closed Department Report: Christine Barton -Holmes • Sought County approval as recommended • Practical difficulty with width of easement and wooded area taking majority of backyard o Any construction nearly impossible without variance Department recommended positive consideration Action: Mr. Hawkins APPROVED Docket No. 09050004 V, Taylor Home Addition, encroachment into easement. Page 3 of 4 Carmel Board of Zoning Appeals April 27, 2009 Adjournment: The Hearing Officer adjourned the meeting at 6:08 PM. Approved this day of KI] Hearing Officer — James Hawkins Secretary — Connie Tingley S:\Board of Zoning AppealsWinutmliearing Officer- 2009\20090518Hearing Officer.nf Page 4 of 4 s t '�;�;; �. ,. i � .~ ��� •• '-y��� . �. ^_. p. r,- 4 -�►'__ _ _ _ !��''� -� it , <� � i i 'it�:� ---- � _ �e A .¢ 1 _ � `rS a _. .. � S- -. �.. ^ 1� -: � �� ��