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HomeMy WebLinkAboutPacket CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIAN C E 5 Carmel, Indiana RECE Docket No.: 11030010v 20l 1 Petitioner: Justus at Westfield, LLC b Chris Miller DOCS 1. 2. 3. DATED THIS DAY OF 20 Board Member Page 9 of 11 filename: development standards variance 2011.doc rev. 12282010 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 11030010V Petitioner: Justus at Westfield by Chris Miller 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The existing model home is built to Carmel codes and regulations no current "injurious" issues have occurred 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: There is not a request to change any details to the existing model home other than a request to extend the model home permit 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: If permit is not extended, it will create a financial burden for the sales of our townhomes 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 back. Petitioner or representative to sign. Page 10 of 11 filename: development standards variance 2011.doc rev. 12/28/2010 CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $281.90 for the first variance, plus $889.990 br f additional sec on of the ordinance being varied_ All Other $1,156.50 for the fast variance, p section of the ordinance being varied. Or, see Hearing Officer Fees. DOCKET NO. 1 1 0 3 00 O V DATE RECEIVED: 1) Applicant: Justus Home Builders Inc Address: 1398 N. Shadeland Avenue, Indianapolis, IN 46219 2) Project Name: Liberty Row Phone: (317) 557 -4744 Phone: Engineer /Architect: Phone: Attorney: Contact Person: Chris Miller Phone: (317) 557 -4744 Email: cmiller @justus.net 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: Builder of property 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Justus at Westfield, LLC Phone: (317) 35:� -8:�7 1 Owner's address: 1398 N. s' 5) Record of Ownership: Deed Book No_ Instrument No. 2007030904 Page: Purchase date: 12/20/00 6) Common address of the property involved: 2475 Glebe St. Carmel IN 46032, Lot #1064 Legal description: Village of Westclay acreage .06 Section 29, Townsh Section 6001 Lot 1 29/18/3 Tax Map Parcel No.: 1709290023006000 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). We are requesting a thirty —six (36) month extension on our sales model_ 25.16.01 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance Due to the economy, home Gales have taken longer than anticipated. 9) Present zoning classification of the property: PUD acres 10) Size of lot/parcel in question: (?F, 11) Present use of the property: Model Home 12) Describe the proposed use of the property: Sales 13) Is the property: Owner occupied Renter occupied Other Model Home 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, instrument no., 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: Certificate of Occupancy already in place. Builder 16) If proposed appeal is granted, when will the work commence? Sales will continue 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Jnstns Time Builders Inc. 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. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. `1 4 A Date: 3 L Applicant Signature: c i/ The applicant certifies are advisory y on y this application the applicant should rely on appropriate subdivision on and zoning ordinance of Community Services dvisor the legal advice of hislher attorney.