HomeMy WebLinkAboutPacket-Pulte 10-16-09CHERRY CREEK ESTATES
PULTE HOMES OF INDIANA
VARIANCE REQUEST REGARDING
MODEL HOME USE
DOCKET NO. 09090002V
CITY OF CARMEL
BOARD OF ZONING APPEALS
HEARING OFFICER
October 26, 2009, 5:30 p.m.
Applicant: Pulte Homes of Indiana
Ted Kattmann
Phone: 710 -3513
NELSON FRANKENBERGER, P.C.
c/o James E. Shinaver
c/o Jon C. Dobosiewicz
Phone: 844 -0106
TABLE OF CONTENTS
Explanation
Aerial Photographs
Findings of Fact
TAB 1
EXPLANATION
The Applicant, Pulte Homes of Indiana "Pulte currently operates three (3) model
homes in the Cherry Creek Estates subdivision which is located east of and adjacent to Hazel
Dell Parkway. The common addresses for the model homes are: 5840, 5854, and 5868 Cherry
Creek Blvd. The model homes are located at the entrance of the subdivision and operate as a
very important marketing tool to demonstrate to prospective buyers the types of homes that Pulte
constructs in the subdivision. Attached behind Tab 2 are aerial photographs that show the
overall subdivision and a second aerial photograph that shows the location of the three model
homes that is the subject of the variance request.
Pulte is seeking a variance from Section 25.16.02 of the Zoning Ordinance to permit the
continued operation of the model homes beyond thev36 -month time limit. The continued
operations of the model homes will serve to expedite the completion of the subdivision build -out
to the benefit of area residents.
We look forward to presenting the above described hearing request to the Hearing
Officer at the October 26, 2009 meeting.
Respectfully submitted,
Jon C. Dobosiewicz
HAl3ecky\Zoning Real Estate Matters\PNdte \Cherry Cmek\2009 Model Home VariaaceUtdonnation l3wklet\Explanation.doc
TAB 2
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Model Home Use Site Location Exhibit
TAB 3
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: 09090002 V
Petitioner: Pulte Homes of Indiana
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 26 DAY OF OCTOBER, 2009.
Board Member
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket Nos.: 09090002 V
Petitioner: Pulte Homes of 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:
The use has been established in accordance with all applicable standards regulating
model homes
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 use has been in place since the beginning of construction of the neighborhood. The
use and value of adjacent property is enhances by the existence of the model home use.
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:
The restriction of time for the operation of the model home use will not provide for the
continued sale of homes from the subject location resulting in a practical difficul in the
marketing and sales of homes in the neighborhood.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards
Variance Docket No. 09090002 V 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 26 day of October 2009.
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).