HomeMy WebLinkAboutApplication Tingley, Connie S
From: Butler, Angelina V
Sent: Friday, September 19, 2003 1:31 PM
To: Tingley, Connie S
Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz,
Jon C
Subject: Docket No. Assignment: (DSV) Cherry Creek Estates- garage setback V -99 -03 #03090019)
Connie,
Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary
Docket Numbers for DSV) Cherry Creek Estates. It will be the following:
V 99 03 #03090019 $655.00
Total Fee: $655.00
Cherry Creek Estates Garage Setback
The applicant seeks approval to reduce the garage setback on Lots #39 -66 126 -164.
V -99 -03 #03090019 §26.2.7 garage setback
The site is located at Cherry Tree Rd and Hazel Dell Pkwy.
The site is zoned S -1/ Residence.
Filed by Charlie Frankenberger of Nelson Frankenberger for Pulte Homes, LLC.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, October 2. Published
notice is required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 24.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie
Tingley no later than noon, Friday, October 17. Failure to submit Informational Packets by this time will
result in the automatic tabling of the petition to the Monday, November 24, 2003, agenda of the BZA.
5. This Item will appear on the October 27 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets 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.
PETITIONER: refer to your instruction sheet for more details.
Please contact Mr. Frankenberger at Nelson Frankenberger at 844 -0106 (Fax: 846 -8782) with this
information. Once the file is updated please return it to my office. 9-/Y-03
Thank YOU
Angie
1
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
DOCKET NO. DATE RECEIVED:
1) Applicant: Pulte Homes of Indiana, LLC
Address: 11590 N. Meridian Street, Suite 530, Carmel, Indiana 46032
2) Project Name: Cherry Creek Estates, Sections and Phone: (317) 575 -2350
Engineer /Architect: Stoeppelwerth Associates Phone: (317) 849 -5935
Attorney: Charles D. Frankenberger Phone: 844 -0106
3) Applicant's Status: (Check the appropriate response)
3
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property 4
FC,•
(c) Other: 07 I frFQ
12 ?00,
4) If Item (3) (c) is checked, please complete the following: Doe
Owner of the ro ert involved: Platinum Properties, LLC
p p Y p 01 3
Owner's address: 9551 Delegates Row, Indianapolis, Indiana 46240
5) Record of Ownership: See Exhibit "A" attached
Deed Book No. /Instrument No. 200300032971
Page: Purchase Date: April 4, 2003
6) Common address of the property involved: 13800 Block of Hazel Dell Parkway
Legal description: See Exhibit A
Tax Map Parcel No.: 17- 10- 22- 00 -00- 013.000
7) State explanation of requested Developmental Standards Variance: (State what you want
to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies
and/or creates the need for this request).
See Exhibit "B"
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact Developmental Standards
Variance
See Exhibit "C"
9) Present zoning of the property (give exact classification): S -1 Residence District
10) Size of lot /parcel in question: 150 acres
11) Present use of the property: Residential Subdivision
12) Described the proposed use of the property: Residential Subdivision
13) Is the property: Owner occupied X
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? 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:
NO
Building Permit Number: Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
The Applicant, its successors and assigns, and subsequent owners of the real estate.
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 of the newspaper must be available for
inspection the night of the hearing.
AFFIDAVIT
I, Charles D. Frankenberger, Attorney for the Applicant and Owner of the property
involved in this application, hereby swear that the foregoing signatures, statements and answers
herein contained and the information herewith submitted are in all aspects true and correct to the
best of my knowledge and belief.
Charles rankers erger
Attorney for Applicant and Owner
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said County and State, personally appeared
Charles D. Frankenberger, Attorney for Applicant and Owner, and acknowledged the execution
of the foregoing.
WITNESS my hand and Notarial Seal this 1 lth day of September, 2003.
My Commission Expires: r
.5 Okij°?I'',(-4 4 0.0_ NOt
otary Public oR Co- l
a NOTAR f
FS 1
Residing in /1V 2 /pr/ County -37fivcr 1 (fl /4e& I
4 PUBLIC
Written Name SEAL /1 1 /20° P/�
Exhibit "A"
A part of the Southwest Quarter and a part of the Southeast Quarter of Section 22, Township 18
North, Range 4 East, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of said Southwest Quarter Section; thence North 00
degrees 27 minutes 51 seconds East along the West line of said Southwest Quarter Section
912.76 feet; thence North 89 degrees 58 minutes 42 seconds East 75.01 feet to the East right -of-
way line of Hazel Dell Parkway as described in Right -of -Way grant per Instrument No.
9809822044 as recorded in the Office of the Recorder in Hamilton County, Indiana also being
the POINT OF BEGINNING of this description; thence along said East right -of -way line the
next four (4) calls; (1) North 03 degrees 32 minutes 17 seconds East 372.43 feet; (2) North 00
degrees 27 minutes 40 seconds East 300.00 feet; (3) North 02 degrees 24 minutes 06 seconds
West 600.89 feet; (4) North 01 degrees 26 minutes 22 seconds East 456.30 feet; thence South 89
degrees 57 minutes 31 seconds East along the North line of said Southwest Quarter Section
2,559.85 feet to the Northeast comer of said Southwest Quarter Section; thence North 89 degrees
37 minutes 12 seconds East along the North line of the Southeast Quarter of said Section 181.06
feet; thence South 00 degrees 22 minutes 48 seconds East 500.00 feet; thence North 89 degrees
37 minutes 12 seconds East parallel to the North line of said Southeast Quarter Section 450.00
feet; thence North 00 degrees 22 minutes 48 seconds West 500.00 feet to the North line of said
Southeast Quarter Section; thence North 89 degrees 37 minutes 12 seconds East along the said
North line 688.30 feet; thence South 00 degrees 18 minutes 54 seconds West along the West line
of Settler's Ridge At Haverstick, Section 2 as recorded in Instrument No. 200100045181 in the
Office of the Recorder of Hamilton County, Indiana 1,773.59 feet to the North line of Stone
Haven at Haverstick, Section 6 as recorded as Instrument No. 200100032800 in the Office of the
Recorder of Hamilton County, Indiana; thence North 89 degrees 56 minutes 16 seconds West
along said North line of Stone Haven 985.01 feet; thence North 00 degrees 03 minutes 44
seconds East 200.00 feet; thence North 89 degrees 56 minutes 16 seconds West 450.00 feet;
thence South 00 degrees 03 minutes 44 seconds West 200.36 feet to the North line of Delaware
Trace, Section 4 as recorded as Instrument No. 200000035110 in the Office of the Recorder of
Hamilton County, Indiana; thence South 89 degrees 58 minutes 42 seconds West along said
North line of Delaware Trace 2,145.69 feet; thence North 00 degrees 06 minutes 16 seconds
West 37.83 feet to the North right -of -way line of Cherry Tree as described in Deed Book 277,
Page 284 as recorded in the Office of the Recorder in Hamilton County, Indiana; thence North
89 degrees 57 minutes 34 seconds West along said right -of -way 300.35 feet to the place of
beginning, containing 149.538 acres, more or less.
H:\kelly \jim n\hazel Foster \legal description.doc
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS VARIANCE
The Applicant is requesting a Developmental Standards Variance "Variance for the
part of Cherry Creek Estates described on Exhibit B -1 as Lots 39 through 66 inclusive and Lots
126 through 164 inclusive. The Variance requested is from Section 26.2.7 of the Carmel Zoning
Ordinance as last amended by Ordinance Z- 382 -02 to permit garages to be set back a minimum
of 20 feet (front yard).
i
O
\4,c, V`