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HomeMy WebLinkAboutApplicationHolmes, Christine B From: Holmes, Christine B Sent: Thursday, November 19, 2009 5:04 PM To: Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott I; 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: 'howardma @aol.com'; 'tak @co.hamilton.in.us 'ray @stairnet.biz' Subject: Docket No. Assignment: 96th /Augusta Stair Variance #09110032 V) I have updated the file, contacted the petitioner, and issued the necessary Docket Number for 96 th /Augusta Stair Variance. It will be the following: 96 /Augusta Stair Variance The applicant seeks the following development standards variance approval: Docket No. 09110032 V Section 23C.08.03.A: 50' front side yard setback required The site is located at 3760 West 96 Street and is zoned BS /Business (pending) within the US 421 Michigan Road Overlay Zone. Filed by the Department of Community Services, on behalf of Hamilton County. Mr. Howard, attorney Hamilton County, can be contacted at (317) 773.4212. Filing Fees: Exempt. 11 19/2009 Page 1 of 2 Petitioner, please note the following: 1. This item does not need to appear before the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, Nov. 26. 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, December 18. 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, Dec. 11. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the January 25, 2010 agenda of the BZA. S. This Item will appear on the Dec. 21, 2009 agenda of the Hearing Officer 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 January 25, 2010 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Department's Preliminary Review Comments; petitioner, please complete the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317 -444- Thank you. Christine Barton Holmes, LEED AP BD +C 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 berore printing 11/19/2009 Page 2 of 2 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 and Notice of Public Hearing affidavit. 4. Please provide proof of notice from the Indy Star. 5. Please provide green signed return receipts from the certified mailings. 6. Make sure the Findings of Fact sheets are in the info packets. 7. Provide a copy of the List of Adjacent property owners from the Hamilton County Auditor's office. 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 DOCKET NO. 09110032V DATE RECEIVED:November 20, 2009 DOCS on behalf of Hamilton County 1) Applicant: One Civic Square, Carmel, IN 46032 Address: 96th /Augusta Stair Variance 317.571.2424 2) Project Name: Phone: Engineer /Architect: Phone: Attorney: Phone: Christine Barton Holmes, DOCS 317.571.2424 Contact Person: Phone: Email: chol mes @carmel. in.gov 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:applicant is filing on behalf of property owner and Hamilton County. 4) If Item 3) (c) is checked, please complete the following: Ramon Stair, Stair Associates, Inc. Owner of the property involved: 3760 West 96th St, Carmel, IN 46032 Owner's address: Phone: 5) Record of Ownership: _Deed Book No. /Instrument No. Page: Purchase date: 6) Common address of the property involved: Legal description: 17- 13- 07- 00 -00- 037.000, 17- 13- 07- 00 -00- 038.000 Tax Map Parcel No.: 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section numbers) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). Request to reduced required side yard setback from 50' to 15' to accommodate ROW expansion. Section 23C.08.03.A Page 1 OT 8 z:lshared \forms \BZA applications\ Development Standards Variance Application rev. 01/05/2009 317.228.1900 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance The County Highway Department is expanding Augusta Drive, which will reduce the existing north side yard setback. B7 S1 pending rezone to 65. 9) Present zoning of the property (give exact classification): 1.83 acres 10) Size of lot/parcel in question: acres business office 11) Present use of the property: business office 12) Describe the proposed use of the property: x 13) Is the property: Owner occupied 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: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Within one year. 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The property owner -the use will not change. 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. P892 2 Of 8 z:lshared \forms \BZA applications\ Development Standards Variance Application rev. 01/05/2009 Docket No.: Petitioner: 09110032 V 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The reduced setback will be comparable to existing setbacks, and will be a result of the Highway Departmen© improvement of Augusta Drive. 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: Portions of Augusta Drive have already been expanded. There are no residences immediately adjacent to the side yard which will be reduced. 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: It would not allow for right -of -way expansion, or future development of this property. 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 DOCS on behalf of Hamilton County Highway Dept. FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA DECISION day of 20 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). P8g8 8 OT 8 z:Gshared \forms \BZA applications\ Development Standards Variance Application rev. 01/05/2009 Project: PR -04 -0014 Parcel: 10 FEE EXHIBIT "A" Sheet: 1 of 2 A part of Block "A" in North Augusta, a subdivision in the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, the plat of which subdivision is recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of said county and being that part of the grantors' land lying within the right -of -way depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B described as follows: Commencing at the southeast corner of said section (said corner being designated 106 on said Exhibit "B thence South 89 degrees 23 minutes 10 seconds West 78525 feet along the south line of said section to the prolonged west line of said block; thence North 0 degrees 36 minutes 50 seconds West '?65.60 feet along s�_id west line prolonged and along the west line of said block to the northwest corner of tl�e tract of land described in Instrument No. 9330606 and the point of beginning of this description: thence continuing North 0 degrees 36 minutes 50 seconds West 124.40 feet along said west line to the corner of the grantors' land; thence South 89 degrees 23 minutes 10 seconds West 10.00 feet along the south line of the grantors' land to the southwest corner of the grantors' land; thence North 0 degrees 36 minutes 50 seconds West 141.20 feet along the west line of the grantors' land to the northwest corner of the grantors' land; thence North 89 degrees 23 minutes 08 seconds East 35.57 feet along the north line of the grantors' land to the point designated 2059 on said Exhibit "B thence South 0 degrees 24 minutes 08 seconds East 147.96 feet to the point designated 2013 on said Exhibit "B thence Southeasterly 199.61 feet along an arc to the left having a radius of 75.00 feet and subtended by a long chord having a bearing of South 07 degrees 58 minutes 34 seconds East and a length of 199.03 feet to the point designated 2014 said Exhibit "B thence South 15 degrees 33 minutes 00 seconds East 82.86 feet to the point designated 2015 on said Exhibit "B thence South 60 degrees 21 minutes 33 seconds East 102.82 feet to the point designated 2073 on said Exhibit "B thence North 89 degrees 23 minutes 10 seconds East 3.30 feet to the east line of the grantors' land; thence South 0 degrees 36 minutes 50 seconds East 4.00 feet along said east line to the north boundary of 96` Street; thence South 89 degrees 23 minutes I 0 seconds West 119.00 feet along the boundary of said 96�' Street to the northeastern boundary of the intersection of said 96�' Street and Augusta Drive North; thence North 45 degrees 36 minutes 50 seconds West 49.50 feet along the boundary of the intersection of said 96 °i