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HomeMy WebLinkAboutApplication Page 1 of 2 Holmes, Christine B From: Holmes, Christine B Sent: Wednesday, January 27, 2010 10:34 AM 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: Lux, Pamela K Subject: Docket No. Assignment:Long Ridge Estates Model Home Extension #10010009 V) I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for Long Ridge Estates Model Home Extension. It will be the following: Docket No. 10010009 V $148.50 Hearing Officer fee, 1S parcel Three additional parcels 3 x $50 $150.00 Total Fee: $298.50 Long Ridge Estates Model Home Extension The applicant seeks the following development standards variance approval: Docket No. 10010009V 25.16.02 Extension of model home opening The sites are located at 13714, 13728, 13742, and 13756 Monique Drive on 1.5 acres and are zoned S1 /Single Family Filed by Jon Dobosiewicz of Nelson Frankenberger for Pulte Homes of Indiana, 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 Friday, February 12, 2010. 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). Please note, obtaining addresses from the County Auditor's Office may take up to five days. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, February 19. 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, February 12. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the March 22, 2010 agenda of the BZA. 5. This Item will appear on the February 22, 2010 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 tote heard. If no one appears, it will be tabled to the March 22, 2010 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Mr. Dobosiewicz may be reached at 317.844.0106 Department's 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- 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. 1/27/2010 Page 2 of 2 4. Please provide proof of notice from the Indy Star. 5. Please provide green signed return receipts. 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 '—y Please consider the environment before printing 1/27/2010 n CITY OF CARMEL CLAY TOWNSHIP j te HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST N 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. i006 7 U DATE RECEIVED: 1) Applicant: Pulte Homes of Indiana, LLC (see Exhibit `B Address: See Exhibit `B" Phone: See Exhibit `B" 2) Project Name: Long Ridge Estates Model Home Use Engineer /Architect: N/A Attorney: see Exhibit `B" Contact Person: Jon C. Dobosiewicz Email: jon @nf- law.com 3) Applicant's Status: (Check the appropriate response) X (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other 4) If Item 3)(c) is checked, please complete the following: Owner of the property involved: Phone: Landowner Address: 5) Record of Ownership: Deed Book No. /Instrument No.: 6) Common address of the property involved: 13714, 13728, 13742, 13756 Monique Dr. Westfield, 46074 Legal description: see Exhibit "A" Tax Map Parcel Nos.: 17- 09- 19- 00 -01- 016.000, 17- 09- 19- 00 -01- 017.000, 17- 09- 19- 00 -01- 018.000, 17- 09- 19- 00 -01- 019.000 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). Section 25.16.02 Duration of Model home permit: extension of permitted beyond 36 months 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance The extension will provide for the efficient build -out of the subdivision to the benefit of area residents. 9) Present zoning of the property (give exact classification): S -1 (Residential) 10) Size of lot/parcel in question: Approximately 1.5 acres 11) Present use of the property: Model Homes with off street parking Page 1 of 10 12) Describe the proposed use of the property: Model Homes with off street parking 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: Yes Building Permit Number: NA Builder: Pulte Homes of IN 16) If proposed appeal is granted, when will the work commence? Model Homes currently in operation 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns 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. Page 2 of 10 0 0 STATEMENT OF APPLICANT I hereby state that I am the owner of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are correct. Pulte Homes of Indiana, LLC By iir Ma ew oy Director of Land Development State of i1 u t'et n a SS: County of Cra „fit. n Before me the undersigned, a Notary Public for County, State of Indiana, personally appeared Carl Comstock and acknowledged the execution of the foregoing instrument this 12 day of January, 2010. My Commission Expires: Ar 1.i.,e 2 01( 41 L Notary P is os Y'af BECKY J. TURNER P NOTARY Marion County =K t: sm ,:„..i My Commission Expires :1 OF IN�1 April 24 2016 H:\Becky\Zoning Real Estate Matters Tune \Long Ridge Estates\2010 Model Home Variance\Long Ridge Estates Model Variance 011110.doc Page 4 of 10 EXHIBIT "A" LEGAL DESCRIPTION Lots Numbered 16, 17, 18, and 19 in Longridge Estates, Section One, a subdivision in Clay Township, Hamilton County, Indiana, as per plat thereof recorded as Instrument Number 200500063316; amended by Surveyor Correction recorded as Instrument Number 200600034033, in the Office of the Recorder of Hamilton County, Indiana. Page 9 of 10 40 EXHIBIT "B" CONTACT LIST 1. Applicant: Matthew Lohmeyer Director of Land Development Pulte Homes of Indiana, LLC 11590 N. Meridian Ste. 530 Carmel, IN 46032 Phone: (317) 575 -2350 ext 203 E -mail: Matthew.Lohmeyer @Pulte.com 2. Land Use Professional/ Legal Counsel: Jon C. Dobosiewicz James E. Shinaver Nelson Frankenberger 3105 E. 98 Street, Suite 270 Indianapolis, IN 46280 Phone: (317) 844 -0106 Fax: (317) 846 -8782 E-mail: jon @nf- law.com Jim @nf- law.com Page 10 of 10 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket Nos.: Petitioner: Pulte Homes of Indiana, 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 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 enhanced 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 difficulty 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. 1001 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 day of 2010. 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). Page 8 of 10