HomeMy WebLinkAboutApplication Holmes, Christine B
From: Holmes, Christine B
Sent: Friday, July 23, 2010 1:50 PM
To: Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; 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; Lux, Pamela
K; Martin, Candy; Mast, Darren (dmast @carmel.in.gov); Mindham, Daren; Miser, Craig;
Stewart, Lisa M; Thomas, John G; Tingley, Connie S; Weddington, Trudy A.
Cc: 'miloandbono @yahoo.com'
Subject: Docket No. Assignment: Shaw Garage (10070008 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for Shaw Garage. It will
be the following:
Docket No. 10070008V $150.00 Development Standards Variance Hearing Officer fee
Total Fee: $150.00
Shaw Garage
The applicant seeks the following development standards variance approval:
Docket No. 10070008 V Section 5.04.03.C.1 Encroachment into side yard setback
The site is located at 13749 Coldwater Drive on .76 acre and is zoned S1 /Single family residential.
Filed by Sam and Mary Shaw, owners.
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, July 30. 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).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, August 20. 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, August 13. Failure to submit Informational Packets by this time will result in the automatic tabling of
the petition to the September 27, 2010 agenda of the BZA.
5. This Item will appear on the August 23 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 to be
heard. If no one appears, it will be tabled to the September 27, 2010 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Holmes may be reached at 317.414.7210
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(c�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.
4. Please provide proof of notice from the Indy Star.
5. Please provide signed green return receipt cards.
Thank you.
1
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
carmel.in.gov
Please consider the environment before printing
2
4
CITY OF CARMEL CLAY TOWNSHIP RECEIVED
HAMILTON COUNTY, INDIANA F l
APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCS
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $289.00 for the first variance, plus $89.00 for each additional„sectio of the
ordinance being varied.
All Other $1,145.00 for the first variance, plus $541.00 for each additional section of the ordinance being varied.
OR see Hearin. Officer Fees
DOCKET NO. 0 vv V DATE RECEIVED:
1) Applicant: Mary L. Shaw
Address: 13749 Coldwater Drive, Carmel, IN 46032
2) Project Name: Garage Addition Phone:
Engineer/Architect: Jay Evans at Weihe Engineers, Inc Phone: 317 846 6611
Attomey: Phone:
Contact Person: Sam Shaw Phone: 317 414 -7210
Email: miloandbono @yahoo.com (for Sam Shaw)
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:
Owner's address: Phone:
5) Record of Ownership:
Deed Book No. /Instrument No. 2008 -51573
Page: Purchase date: 10/14/2008
6) Common address of the property involved: 13749 Coldwater Drive, Carmel, IN 46032
WOODS @WILLIAMS CREEK REPLAT 120.0 X 278.02 IRR
Legal description: 10/29/02 replat of WoodsPWilliams Creek 2002 -81175
Tax Map Parcel No.: 17- 09- 22- 00 -15- 038.000
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).
I would like to build a garage 10 feet from the northern property line. 10 ft is the minimum side yard
allowed by zoning code. I am requestiong a variance because my aggregate for both side yards
would be 26ft and zoning code chapter 5:5 -1 states a minimum side yard aggregate of 30 ft.
Page 1 of 9 z:\shared\fore,s\BZA applications\ Development Standards Variance Application rev. 3/22/2010
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance
Allowing the variance will give us the space to build a 2 car garage that will increase the value
or our home.
9) Present zoning of the property (give exact classification): S -1
10) Size of lot/parcel in question: acre acres
11) Present use of the property: Our only residence
12) Describe the proposed use of the property: Our only residence
13) Is the property: Owner occupied yes
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: No
Builder:
16) If proposed appeal is granted, when will the work commence?
within 2 or 3 weeks of approval
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Mary L Shaw (the home owner)
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 9 z:\shared\forms\BZA applications\ Development Standards variance Application rev. 3/22/2010
AFFIDAVIT
I, hereby swear that I am the owner /contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony. f /l
Signed: l 7/Z a/i6
(Property Own Attorney, or Power of Attorney) Date
MAKJ g 2
(Please Print)
STATE OF INDIANA
SS:
County of 6111. a /Q""L Before me the undersigned, a Notary Public
(County in which notarization takes place)
for 11( At i:).1 County, State of Indiana, personally appeared
(Notary Public's county of residence)
it?- n and acknowledge the execution of the foregoing instrument this
(Prope
Own r, Attorney, or Power of Attorney)
2 L day of 20 f0
c:irr yo k
L y Public -Si nature
9
(SEAL)
oti Y JOHN M. GILLIGAN
o t r Marion County
My Commission Expires tary Public Please Print
s April 28, 2015
My commission expires:
Page 4 of 9 z:%shared%forms%13ZA applications% Development Standards Variance Application rev. 3/22/2010
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
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:
This is a minor encroachment and should not impact the items above.
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 materials for the garage match the house and follow the strict covenants of the neighborhood.
The 2 car garage addition should increase the value of the house and therefor have a positive
effect on the neighborhood.
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:
We would not be able to build the garage in a way that makes it look like an original part of the house.
DECISION
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 day of 20
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 representative to sign).
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