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HomeMy WebLinkAboutPacketAugust 25, 2010 To my neighbors around 601 E. 106 Street of."„szf St. Joseph Agency Life s• Health Home 0 Auto This is a personal note, to go along with the more formal required notice regarding my plans for the house at 601 E 106` Street, Indianapolis, IN 46280. My name is Gordon Smith and I run an insurance agency, currently located in rented space across from Rosie's on College Ave. Over the summer, I purchased the house, with plans to renovate it and use it as my office. Over the past 6 weeks, we have been cleaning it up on the outside, repairing the exterior, painting, adding new gutters, etc. as well as removing two aging and rotting trees. We are now putting the inside in order with paint and carpet and other minor repairs. My plan is to use the house for myself and son, engaged in an insurance agency business, which is a pretty light -use 9 -5 type business. There will be minimal traffic and no bright lights. I do plan to expand the parking area by 4 spaces, and will pave and landscape around that area. This process requires a variance application with Carmel...which is the purpose of the formal notice. I will try to stop by and introduce myself as I can. I would be happy to discuss any matter relating to my plans and answer any questions you may have. Sincerely, Gordon R. Smith 317 -502 -5770 gsmith@stiosephagency.com 10411 N. College Avenue, Suite 8 Indianapolis, IN 46280 317 502 -5770 317 564 -4855 fax www.stjosephagency.com The application is identified as Docket No. 10080007 UV and 10080008 V and may be examined at the Office of the BZA (Carmel Department of Community Services). The real estate affected by said application is described as follows: Lot 36, College Plaza, Homeplace All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. NOTICE OF PUBLIC HEARING BEFORE THE CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Docket No. 10080007 UV and 10080008 V Notice is hereby given that the Carmel /Clay Board of Zoning Appeals meeting on the 27 Day of September, 2010 at 6:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public hearing upon a Use Variance and a Development Standards Variance application to: Use of the property as a insurance agency and to make an expansion of the parking area to accommodate 4 vehicles. Property being known as 601 E. 106 Street, Indianapolis, IN 46280 Gordon R. Smith, Petitioner DOCKET NO l 00$000$ V Engineer /Architect: CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $289.00 for the first variance, plus 589.00 for each additional section of the ordinance being varied. All Other 51,145.00 for the first variance, plus 5541.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees 1) Applicant: Gordon R. Smith (aka SJA Enterprises, LLC) Address: 14626 Warner Trail Westfield, IN 46074 2) Project Name: 601 E 106 Building Phone: Carlino Corporation Attorney: Phone: Contact Person: Gordon R Smith Phone: 317- 502 -5770 Email: gs mith©stjosephagency.com 3) Applicant's Status: (Check the appropriate response) XXXX (a) The applicant's name is on the deed to the property 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. 135 Page: 360 -362 Purchase date: 7/26/2010 DATE RECEIVED: 8/13/2010 Page 1 of 9 -z lsnafedlforms SZA applicaeons■ Development Standards Variance .Application rev 3/22/2010 Phone: 317- 634 -5278 (b) The applicant is the contract 6) Common address of the property involved: 601 E. 106th Street Indianapolis, I N 46280 Legal description: Lot 36, College Plaza Tax Map Parcel No.: 17-13-11-02-06-001.000 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 am applying for a usage variance to operate my small insurance agency from this site. The use would be light office, hours 8:30 5:30 M with minimal ingress /egress. Additionally, 1 would improve the property (already started). with landscaping, low level security lighting and exterior repairs (gutters, siding, rotting tree removal new windows doors). 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance There is a Use Variance also filed and the intent is to use this building as an insurance agency. It will require some additional parking spaces (4) and some appropriate landscaping. It is currently in the Home Place Business District. 9) Present zoning of the property (give exact classification): R3 10) Size of lot/parcel in question: ac acres 11) Present use of the property: Residential Rental property 12) Describe the proposed use of the property: Insurance Agency 13) Is the property: Owner occupied Renter occupied Other currently unoccupied 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. There are no pending variances or appeals. There is a deed restriction dating back to the early 1950's that is likely no longer enforced, stating that homes in this neighborhood are residential. That is in conflict with the Carmel Master Plan showing this property in the Home Place Business District, 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: no, just general clean up and repairs Builder: 16) If proposed appeal is granted, when will the work commence? ASAP 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Gordon R. Smith (aka SJA Enterprises, LLC) and my agency, St. Joseph Agency. 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:\sharedVorms\BZ=. applications) Development Standards Variance Application rev 3/22/2010 1. 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. STATE OF INDIANA for I1(Cii2 mks (Notary Public's county of residence) (Property Owner, Attorney, or Power of Attorney) day of !'1 6 J (SEAL) 'tnss %vim' 1 NOTARY SEAL .z SS: AFFIDAVIT l (Please Print) Natary- Public Signature My commission expires: 8 /13/10 Signed; .7 _r t Pr Owner, Attorney, or Power of Attorney) Date Gordon R. Smith Hamilton Indiana County of Before me the undersigned, a Notary Public (County in which notarization takes place) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this 20 IC Notary Pubic Please Print Page 4 of 9 r\$r red1forms\aZA applications% Development Stanaaros Vanance Application rev 3/22/2010 NOTICE OF PUBLIC HEARING BEFORE THE CARMELJCLAY ADVISORY BOARD OF ZONING APPEALS Docket No 100 F00o g V Notice is hereby given that the Carmel /Clay Board of Zoning Appeals meeting on the day of 20 at pm in the City Hall Council Chambers, 1 Civic Square, Carmel. Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to: (explain your request -see question numbered seven (7)) I am applying for a parking variance to operate my small insurance agency from this site. The use would be light office. hours 8:30 5:30 M -F, with minimal ingress /egress. Additionally, I would improve the property (already started), with landscaping, low level security lighting and exterior repairs (gutters, siding, rotting tree removal new windows doors). property being known as 601 E. 106th Street Indianapolis. IN 46280 The application is identified as Docket No. The real estate affected by said application is described as follows: (Insert Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above- mentioned time and place. PETITIONERS Page 5 of 9 z share0Vorms\BZF. appficauons\ Development Slanaares Vanance Application rev 3/22/2010 Docket No 10080008 V Petitioner: 2. 3. DATED THIS CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Gordon R. Smith Carmel, Indiana FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet1 DAY OF 20 Board Member Page 7 Of 9 z ts haredVorms\SZA apphcations\ Development Stanaaras Vanance Cpalication rev 3,22/2050 Docket No 10080008 V Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Gordon R. Smith 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 is no public safety or moral concern with an insurance agency. 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: I am improving the property substantially over what its use has been, as a residential rental property. The additional parking will not add substantially to the asphalt already present, and it will be landscaped appropriately so that it is hidden from the residential areas to the west and south. 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: With the additional parking (4 spaces), a cement curb will gather the run -off and either corral it, or send it out onto 106th Street for drainage. By allowing the additional parking area to drain naturally according to the slope into the yard (south and west), this will not pose a drainage problem on the street. Adopted this CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY. Carmel /Clay Board of Zoning Appeals DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 70080008 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. day of 20 Conditions of the Board are listed on the back. (Petitioner or representative to sign). Page 8 of 9 z VsharedAforrns\BZ aapecationst Devetoament Standaras Vanance Application rev 3/222070 2) Project Name: 601 E. 106th Street Phone: 317- 502 -5770 Engineer /Architect: Carlino Corporation Phone: 317- 634 -5278 CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION USE VARIANCE FEE: $1502.00 plus $120.00 per acre DOCKET NO. 10080007 UV and 10Q8Q008 V DATE RECEIVED: 1) Applicant: Gordon R. Smith (aka SJA Enterprises, LLC) Address: 601 E. 106th Street Indianapolis, IN 46280 Attorney: Phone: Contact Person: Gordon R. Smith Email: gs mith ©stjosephagency.com 3) Applicant's Status: (Check the appropriate response) XXX (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. 135 Page 360 -362 Purchase date: 7 -26 -2010 Phone 317- 502 -5770 Fax: 317- 564 -4855 Common address of the property involved: 601 E. 106th Street Indianapolis, IN 46280 Legal description: Lot 36, College Plaza Tax Map Parcel No.: 17- 13- 11- 02 -06- 001.000 7) State explanation of requested Use 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 appeal). Request to use property as insurance agency, light office, M -F 8:30 -5:30 hours of operation. This will cause minimal disruption and only occasional traffic. There will be no extra lighting. Page 1 of 9 ZAsharerAforrns1BZA applicafions1 Use Variance ADptication rev 03/22/2010 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Use Variance This use is a light- office use, with minimal traffic and 8:30 5:30 hours of operation. In addition, a Development Standards variance is being sought, which will allow the parking area to be expanded by 4 spaces. 9) Present zoning of the property (give exact classification): R3 10) Present use of the property: residential rental property 11) Size of lot/parcel in question: ac acres 12) Describe the proposed use of the property: Insurance Agency 13) Is the property: Owner occupied 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. There are no pending variances or appeals.. There is a deed restriction dating back to the early 1950's that is likely no longer enforced. stating that houses in this neightwmood are to be residential. That is in conflict with the Carmel master plan showing this property in the Homeplace business district. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: no, just general clean up and repairs Builder: NOTE: Renter occupied Other currently vacant, but will be owner occupied 16) If proposed appeal is granted, when will the work commence? ASAP 17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? Gordon R. Smith (aka SJA Enterprises, LLC) and my agency, St. Joseph Agency. 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: Page 2 of 9 Z'shared\forms \BZA applications Use Variance oh eon rev 03/22/2010 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. STATE OF INDIANA SS: the foregoing instrument this (SEAL) Signed: AFFIDAVIT Property Owner, Attorney, or Power of Attorney Gordon R Smith (Please Print) Hamilton County of (County in which notarization takes place) Before me the undersigned, a Notary Public for County, State of (Notary Public's county of residence) Indiana, personally appeared and acknowledge the execution of (Property Owner, Attorney, or Power of Attorney) day of 20 Notary Public Signature Notary Public Please Print My commission expires: Page 4 of 9 Z:.snaredkformstBZA applicationst Use Variance Application rev. 0322/2010 September Gordon R. Smith PETITIONERS NOTICE OF PUBLIC HEARING BEFORE THE CARMELICLAY BOARD OF ZONING APPEALS Docket No. 10080007 UV and 10080008 V Notice is hereby given that the Carmel /Clay Board of Zoning Appeals meeting on the 27th day of The real estate affected by said application is described as follows: (Insert Legal Description) AN interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above- mentioned time and place. property being known as 601 E. 106th Street Indianapolis, IN 46280 The application is identified as Docket No. 10080007 UV and 10080008 V 20 10 at 6:00 p.m. in the City Council Chambers, floor of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Use Variance application to allow (�{Se AS col ivtSt4vamce ae,N Page 5 of 9 Z:\sharedVormsSBZA appflcat ons% Use Vanance Application rev 03122/2010 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY BOARD OF ZONING APPEALS I (WE) DO HEREBY CERTIFY THAT NOTICE OF PUBLIC HEARING BEFORE THE CARMEL /CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number 10080007 UV and 10080008 V to the below listed adjacent property owners: OWNER Three Girls Real Estate, LLC Mark A Susan I Swanson Douglas Kathryn Brown Lonnie Frauhiger Erin L Zachary J. Gordon Jon L Elizabeth A Trietsch Robert E Mary V Gangstad Terri L Miller STATE OF INDIANA (SEAL) as registered and mailed at least twenty -five (25)* days prior to the date of the public hearing SS: day of 20 10 days if appearing before the BZA Hearing Officer Page 6 of 9 Z:lshared 4ormslBZA applications\ Use Variance Apphati ADDRESS 500 E 106th St. Indianapolis, IN 46280 635 E 80th St. Indianapolis, IN 46240 10570 Barmore Ave. Indianapolis, IN 46280 763 Barkwood Court Carmel, IN 46032 10550 Barmore Ave. Indianapolis, IN 46280 10540 Barmore Ave. Indianapolis, IN 46280 8169 N. Brent Ave. Indianapolis, IN 46240 10545 Barmore Ave. Indianapolis, IN 46280 The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of Before me the undersigned, a Notary Public (County in which notarization takes place) for County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) Notary Public Signature Notary Public Please Print My commission expires: rev. 03/22/2010 Docket No.: Petitioner: 2. 3. 4. 5. DATED THIS CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana 10080007 UV and 10080008 V Gordon R. Smith FINDINGS OF FACT USE VARIANCE (Ballot Sheet) DAY OF 20 Board Member Page 7 of 9 Z:\sharedtforms\8ZA applications\ Use Variance Application rev. 03222010 Docket No.: 10080087 UV and 10080006 V Petitioner: cordon R. Smith FINDINGS OF FACT USE VARIANCE 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: This is a 'light business' use for this property. The alternative has been use as a rental property...and the property in question historically has had tenants that did not care for the property or its appearance very well. The use as a light business will ENHANCE the neighborhood, and provide local insurance service to the area. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: There is no public health safety or moral concems with an insurance agency. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: This property is isolated at the end of a'peninsula" of and where 106th Street crosses Barmore Ave., so it already stands alone in appearance and placement. Further. the area has already been designated as'Homeplace business district', as shown in the Carmel master plan. 4. The need for the variance arises from a natural condition peculiar to the subject property because: Not currently zoned for this use. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: It follows the Carmel /Clay Comprehensive Plan in intent. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use Variance Docket No. 10080007 UV and 10080008 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 20 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA DECISION Conditions of the Board are listed on the back. Page 8 of 9 Z:\sharedVorms\BZA applications\ Use Vanance Application rev. 03/22/2010