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HomeMy WebLinkAboutApplicationsCITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR ACTION APPEAL REQUEST Fee: $148.00 DOCKET NO. 11060001A DATE RECEIVED: 1) Applicant: Thornhurst Neighbors Address: 18 Thornhurst Drive Carmel, IN 46032 (Petitioner Representative's Address) 2) Project Name: Phone: Engineer /Architect: Phone: Attorney: Phone: Contact Person: Becky Feigh- Petitioner Representative Phone: 317- 650 -3250 Email: rbfeigh @iquest.net Fax: 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 X (c) Other: Adjacent neighbors 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Mr. Stan Hunnicutt RECEIVED DOGS a June 10, 20 Owner's address: 37 N. Guilford Rd. Carmel, IN 46032 Phone: 317- 509 -8140 5) Record of Ownership: Deed Book No. /Instrument No. Page: Purchase date: 6) Common address of the property involved: 37 N. Guilford Road Legal description: Thornhurst Addition Section One- Lot 4 Tax Map Parcel No.: 16- 09- 25- 01 -02- 018.000 7) State explanation of requested Appeal: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this appeal). Chp. 25 Sec 25.01.01.A.1- Accessory Building: Residential Districts- Chp. 25 Sec 25.18.01.B.1,2 &3- Horne Occupation: Standards Generally- Character- Chp. 25 Sec 25.26.01.A B- Commerical Vehicles 8) State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Findings of Fact Appeal"). See attached infonnation packet 9) Present zoning classification of the property: R2 BZA Appeal Application pg 1 rev. 12/28/2010 16) If proposed appeal is granted, when will the work commence? Applicant Signature: BZA Appeal Application pg 2 rev. 12/28/2010 10) Present use of the property: Residential 11) Size of lot /parcel in question 17,880 sq.ft. 0.41 Acres acres 12) Describe the proposed use of the property 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. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: #11010015 Builder: Mr. Stan Hunnicutt 17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? 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 numb- wi 1 not be assigned until all supporting information has been submitted to the Department of Communit Service The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney. I, being duly sworn depose and say 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 a equent hearings and testimony. (Property Owner, Attorney, or Power of Att instrument this STATE OF INDIANA (Notary Public's county of residen /C0 SS: NO HISER /PUBLIC SEAL STATE OF INDIANA MY COMMISSION EXPIRES 7/24/2016 Signed: AFFIDAVIT Thornhurst Neighbors (Rebecca Feigh- Representative) (Please Print) County of ii/r/ V ft Before me the undersigned, a Notary Public (County in which notarization take place) for i(9/r e kit County, State of Indiana, personally appeared ce) and acknowledge the execution of the foregoing orney) day of j n_i 20 ,f il, Notary Public Signature L a Notary Public Please Print /Z My commission expires: BZA Appeal Application pg 5 rev. 12/28/2010 (Property Owner, Attorney, or Power of Attorney) Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS, CARMEL, INDIANA 11060001A Thomhurst Neighbors 1. The Petitioner has (has not) properly followed the Appeals Procedures outlined in Ordinance Z -160, Section 30.2, et seq. except as follows: The Petitioner (Thornhurst Neighbors) believes the property owner of 37 N. Guilford Rd. has not properly filed or obtained the necessary variances needed to erect the proposed Carport. (Building Permit- #1 1010015). 2. Nature of action appealed from: The Petitioner (Thornhurst Neighbors) seeks to appeal the issuance of the Building Permit- #11010015, Carport located at 37 N. Guilford Road. Agency: Department of Community Services Date of Agency Decision: February 11, 2011 3. Attached copy of Ordinance or materials which is subject of Appeal as Petitioner because: Chp. 25 Sec 25.01.01.A.1- Accessory Building: Residential District- see attached packet Chp. 25 Sec 25.18.01.B. 1,2 3- Home Occupation: Standards Generally- see attached packet Chp. 25 Sec 25.26.01.A &B- Commercial Vehicles- see attached packet 4. The written materials submitted to the Board does support the Petitioner because: The erection of the proposed Carport located at 37 N. Guilford Rd. would alter the residential character of the premise and would create a visual detriment to adjacent properties. The Carport itself would be used to store a commercial trailer used for the business of the owner which such business is ran from the property address 37 N. Guilford Rd. 5. The Agency, Official, Board or Zoning District boundary should be affirmed. The erection of the proposed Carport located at 37 N. Guilford Rd. would alter the residential character of the premise and would create a visual detriment to adjacent properties. 6. The work on the premises upon which appeal has been filed shall not be stayed because: The erection of the proposed Carport located at 37 N. Guilford Rd. shall be stayed due to the fact that the proposed structure alters the residential character of the premise and would create a visual detriment to adjacent properties. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Appeal Docket No. 11060001A 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 27 day of June CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals FINDINGS OF FACT APPEAL DECISION BZA Appeal Application pg 10 rev. 12/28/2010 ,2011 Conditions of the Board shall be listed on back. (Petitioner or his representative to sign). Conn, Angelina V 41 From: Conn, Angelina V Sent: Monday, June 13, 2011 12:49 PM To: Boone, Rachel M.; Blanchard, Jim E; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham, Daren; Stewart, Lisa M; Tingley, Connie S; Mishler, Nicholas F; 'John Molitor'; Hohlt, William G; Liggett, Brent E Cc: 'Rick Feigh' Subject: Docket No. Assignment: #11060001 A) Appeal to permit 11010015, Carport for Thornhurst Lot 4 I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (A) Appeal to permit 11010015, Carport. It is the following: (A) Appeal to permit 11010015, Carport for Thornhurst, Lot 4. The applicant seeks to appeal the issuance of an improvement location permit: Docket No. 11060001 A Appeal to permit 11010015, Carport for Thornhurst Addition, Lot 4. The site is located at 37 N. Guilford Rd. It is zoned R -2 /Residence. Filed by Becky Feigh, neighbor. Becky can be contacted at 650 -3250. Filing Fees: $148.00 Appeal filing fee $148.00 Total Fee Petitioner, please note the following: 1, This Item does not need to be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than June 17 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 application). Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM and the location reads City Hall Council Chambers. 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). 3. The Proof of Notice (green cards, public notice ad affidavit, etc.) will need to be received by this Department no later than noon, Friday, June 24. 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 N ©ON, Friday, June 17. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 5._ This Item will ,appear on the June 27 ag o f the Board of Zoning At peats, under Public Hearings the mee ine start time is 6:00 pm. 6. If not in the info packets, 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 meetings for the item to be heard. If no one appears, it will be tabled. 8. Review comments: a) Make sure the public notice meeting time to the newspaper and neighbors reads 6 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). b) Please make checks payable to the City of Carmel. c) Please provide filled out and notarized placement of public notice sign affidavit. d) Please provide proof of notice (affidavit) from the Indy Star. 1 e) Please provide green signed �Lurn receipts from the certified mailings. f) Provide a copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office. g) Please note that this item will require a suspension of the BZA rules of procedure, since you will not be able to make the 25 -day prior public notice requirement. Thank you, Angie Conn, Planning Administrator City of Carmel Department of Community Services One Civic Square, 3rd Floor, Carmel, IN 46032 317.571.2417 317.571.2426 fax http://www.ci.carmel.in.us/services/communityservice.html A Please consider the environment before printing this e mail 2 May 11. 2011 Dear Mike: Mr. Mike Hollibaugh- Director Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 Subject: Building Permit #11010015 37 N. Guilford Road- Lot #4 Thornhurst Neighborhood I received an email from Mr. Brent Liggett- with the Dept. of Community Services Building Code Enforcement indicating that the Building Permit #11010015 for 37 N. Guilford has been re- submitted with revised plans and was issued a building pennit based on those re- submitted plans. Per your letter dated 3/24/2011 there is an option to appeal the decision of the Department of Community Services- Building Code Services. At this time the concerned residents of Thornhurst Addition are asking for a Cease and Desist Order for the above referenced Building Permit until Mr. Stan Hunnicutt- (hereby known as the `Applicant') properly meets or seeks the proper variances from the City of Carmel's Board of Zoning Appeals to allow such a structure to be erected at 37 N. Guilford Road. Several of the adjacent property owners received a certified letter in the nail on Monday- Apr. 18, 2011 from the Applicant (see attached Exhibit 'A') outlining his plans and comments. I spent the weekend researching the Thronhurst Addition Covenants and the following sections of the City of Carmel Zoning Ordinance- Chapter 8: R -2- Zoning, Chapter 21: Special Use, Chapter 25: Section 25.01- Accessory Buildings Uses, Section- 25.04- Recreational Vehicles, Section 25.06- Grading Drainage, 25.18- Home Occupation and Section, Section 25.20- Outdoor Storage and Section 25.26- Commercial Vehicle and consulting with legal representation. It is from our understanding from the Applicant's letter that he is familiar with the Thornhurst Addition Covenants and made such adjust to the re- submitted plans. It is still of the opinion the residents of Thornhurst that the Applicant has still failed to meet or comply with the intent of the Thornhurst Addition Covenants and the following City of Carmel Ordinance sections which would not allow such a structure to be erected. Mr. Mike Hollibaugh Page 2 May 1 1, 2011 Under Chapter 8 Section 8.01- Permitted Uses: Section 8.01.01- See Appendix A: Schedule Uses. Home Occupation is listed as an "A" Accessory Use in a Primary Zoning District R -2 under Appendix `A': Schedule of Uses. The definition of Use. Accessory per Chapter 3 Section 3.07- Definitions- A Use subordinate to the main Use, located on the same Lot or in the same Building as the main Use, and incidental to the main Use. The definition of Home Occupation An Accessory Use conducted in a Single Two- or Multiple- family dwelling which is clearly incidental and secondary to the Use of the Dwelling for dwelling purposes. (see also Section 25.18). Under Chapter 25 Section 25.18- Home Occupation: Section 25.18.01.B.2- "The Dwelling shall not bear anti indication from the exterior that it is being utilized in whole or in part,for any purpose other than a Dwellink;" As stated in the Applicant's letter to adjacent property owners and own admission to Dept. of Community Services Building Code Staff- the Applicant uses the "commercial trailer" for his business. The Applicant clearly states his business address as 37 N. Guilford Road on his website as well as Corporation status with the Indiana Secretary of State's Office. So Section 25.18 applies to this property address and any improvements associated with the Applicant's business shall follow the guidelines established under this section. Section 25.18.01.B.3- "The Horne Occupation shall not be permitted outside storage or display of material in connection with the Horne Occupation;" The erection of a carport for the storage of the Applicant's "commercial trailer" clearly does not comply or meet the intent of this ordinance section. (The photograph is displaying a structure similar to what the Applicant is planning on erecting adjacent to his personal residence. The photo is included to merely indicate the type of outdoor storage the Applicant is proposing to erect. Please refer to revised submittal for exact plans and description. Mr. Mike Hollibaugh Page 3 May 11, 2011 Under Chapter 25 Section 25.26- Commercial Vehicles: Section 25.26.01 "Commercial Vehicles or trailers shall not be parked, stored, maintained or kept on ay residentially used or zoned lot unless the vehicle has a maximum load capacity of three- quarter (3/4) of a ton or less: and" As stated in the Applicant's letter to adjacent property owners and own admission to Dept. of Community Services Building Code Staff- the Applicant uses the "commercial trailer" for his business. The Applicant has yet to provide the current weight of the maximum load capacity of the commercial trailer to see in fact does the trailer comply with this section of the Ordinance. Any vehicle exceeding the above referenced weight limit would be prohibitive under this section and would require a variance from the City of Carmel's Board of Zoning Appeals. Section 25.26.01.B- "such vehicle is within a garage or carport which complies with all the standards and regulations of this ordinance." The storing of a commercial vehicle does not comply with Section 25.18- Home Occupation and the setbacks associated with Section 25.01- Accessory Buildings or required screening associated with Section 25.20 Outdoor Storage. Under Chapter 25 Section 25.01 —Accessory Buildings Uses: Section 25.01.01:A.1- '`Accessory Building and uses shall not alter or change the character of the premises It is the opinion of the residents of Thornhurst Addition that the proposed structure would alter the character of the surrounding residents. An aluminum clad carport with a gravel pad would alter the "character" of an adjacent single story brick, asphalt shingled homes that are now listed on the National Historic Registry. Section 25 .01.01 :B.3.a.i.(a) "Minimum Front Yard: 25' behind the Front of Building." According to the hand sketch site plan- the carport is located 5' behind the front of the residence. A revised plan is needed to properly locate the structure 25' back from the front facade of the existing residence. Under Chapter 25 Section 25.20- Outdoor Storage: Section 25.20.03 "All Outdoor Storage shall provide a solid, opaque wall or fence of not less than 6' in height measured at the highest finished grade to screen the view, from any adjacent residentially zoned property or public right -of= way. The site plan provided does not indicate any planned screening- from Guilford Road or surrounding properties. Mr. Mike Hollibaugh Page 4 May 1 1, 201 1 The concerned residents ofThornhurst are willing to work or meet with the Applicant to come to a solution that works best for all parties involved. Very truly yours, A CONCERNED RESIDENT OF THORNHURST NEIGHBORHOOD, d-,4 n. Becky R. Feigh, RLA, LEEP AP Cc: Jim Brainard- Mayor of Carmel Eric Seidensticker- Carmel City Council. President Liggett, Brent E From: Stanley.: Hunnicutt.[stanhunnicutt @sierramobilelabs.com] Sent: Friday, March 25, 2011 2:26 PM To: Liggett, Brent E 'Cc: Hollibaugh, Mike P S ubject: RE drawing (Hunnicutt) Page 1 of 4 Brent, 1 haveall the information to address the comments Mike had on the carport permit. There are two drawings inahis email's attachment that show.the> final layout and the supports for the retaining wall. Here are specific responses t� the comments Mike made: Coniinent: I am concerned about the retaining wall and whether it will havesufficientstrength to hold the structural loads, along with the vehicle, etc. Response:- The support structure is shown in the second drawing in the attachment, AY:" threaded steel rod will be inserted through the middle of the. 4" x46" treated landscape timbers and embedded into the concrete pier recommended by the manufacturer,(Their recommendations includeeight.piers per side and a size of 8" in and 18" deep). The timbers: and the carport rail will then :be secured with a,lock nut and washer. .In addition after discussionwith several carpenters who have done these kinds of projects, the landscape timbers were increasedfro'm 4`'x4" to_4 "z6" for added stability. Although..it:is;not clearly shown on thedrawings the north'side'of the;carportwill have:concrete piers that match those on'the south side. The only difference in thenorth side.is: that only one,(orr possibly two at the rear) landscape timber will be necessary because of the higher'ground. surface. Comment: It is not clear that the siding details how the siding will be attached.to-the frame, can you ask him for a detail of :that? Response: As shown in the instruction manual included with the original permt application the siding is attached to the frame with screws. The screws:are.paint matched to the siding. Comment: What,about drainage, between`th_ a existing garage and the.proposedstructure? Response: The entire area under carport and -between the house and.thecarport'will be covered in :gravel'. ,Thicgra"vel Will allow drainage to take'place.in.the same fashion as,before, the ;carport is installed. The water will_drain south, under the: carport: In heavy downpours; there additional drainage to the south as the -surface;is gradually.sloped (perhaps five degrees),in,thatdirection as well. Comment VVhatwill siding:look,Iike:on east side of this? how will it look where the wall and wood corn&togetherr (or will it b:e open on both ends? :Response; The siding on „the east side will affix to the last support rib. This will produce a closed end with no gaps and:,the+car,port roof will overhang ,this.end :by approximately 11 The landscape timbers will wrap around the east:end of•the carportin order tb' maintain a consistent look and not leave unsightly gaps. At the "southeast corner the side'and rear sidingwill meet at the last carport rib support. The seam will then be covered with a paint matched corner coverto provide a consistent look with the existing house. I have also lookeOnto :the neighborhood covenants for Thornhurst Addition. I know that the City of Carmel .permitting department ;is.not.resporisible•:for enforcing these covenants, but they did cause nie to makean important change'in the plans that :I want:to. point out The property line offset for the neighborhood is 10'. This requires metoreduce the widthiof,,the carport to 10:5' and move the carport so that it touches the roof overhang= on:the house. This.will.still leave a 1' gap between the carport and the existing garage wall. I have 4/11/2011 also moved the carport back from.the.front of the house to avoid a rain gutter on the first 3' of the house roof. The attached drawings indicate my final plans unless the permitting department finds.sorne things that need to be:changed. Please let me know if any such changes need to be made or when I can proceed with construction. Thanks. StanleyA.. Hunnicutt :President Sierra Mobile Labs, Inc. Phbne:.317- 509 =8140 .Fax: °888- 675 -2498 'Erna il:: stanhunnicutt Psierramobilelabs:com CONFI NOTICE.- This message is•intende:d exclusively for the individual bi entityto which it is addressed. This communication may contain information that is proprietary, privileged :or confidential or otherwise legally exempVfrondisclosur,e. Ifyou are not the named addressee, you;are:not.authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e mail and delete all copies of'the message. From: Liggett,.Brent•E [mailto:bliggett @carmel in:gov] Sent:: Friday, March•.18, •2011 3:49 PM To stanhunnicutt @sierramobilelabs.com. Cc: Hollibaugh, Mike P; •Mast,.Darren; Blanchard, Jim E :Subject: RV: drawing (Hunnicutt) Stan, Here is. the list of details that we went over•earlieritoday: Also, as I stated Mike will'bemeeting with our plan commission;attorney next vueek.to see What other'steps.may need to betaken. Whenyou re- submit these items 'please note any changes :in size, etc...that you _would Iikeito make. Also, you.will want :to look into any :covenants./ restrictions of Thornhurst that;could an issue with neighbors. I know tharyou said that you purchased that home because you didn't believe that,therewere any restrictions but,thatmay not be accurate. Keep,in mind that we will be sending.a letter to the neighborhood to inform them that the forged letter placed in :the mailboxes was not sent.by the City of Carmel. Thank you again for your continued cooperation through out this-process. 1 will contact you on Monday the 28 to see where'you are on these issues. Thanks, Brdng Liggett Building Inspector:/ Code Enforcement Building and Code Services The City of Carmel (317) 571 -2491 A Please consider the environment before printing this e-mail From: Hollibaugh, Mike P Sept; Friday, March 18;,20113:10 PM To: Liggett, Brent E; Conn; Angelina V' Cc: Blanchard, Jim Subject: RE: drawieg'(Ht hhicutt) 4'11 11201 1 Page 2 of 4 Brent, Thanks for sending thison. After looking over the ...drawings, i have a number of questions /concerns to run by you. Would:youask Jim Blanchard if he has any concerns too? Warn cb..neerned about the retaining wall,and whether it will have sufficient strength to hold the structural,loads, along with the vehicle,: etc. It'is not clear that the siding details how_ the siding will be attached to the frame, can you ask him for a detail of:that? o What drainage.. between the existing,garage and the proposed structure? Whatwill•the.siding look like on the east side of this? how will it look where the wall and wood come together? (or will'it be open on both ends? l:.noticed that a "stop work" has been placed which will give some time to get some of these'details worked out. You should let Mr. Hunnicutt know that,what he°is proposing to do, although it may meetzoning, does not appear to..meet the recorded covenants:for Thornhurst Addition in regard to .setback and, possibly, land use. That may become anLissue with;his neighbors now,that they have all been''alerted "to.this project. I plan to talk with the Plan Commission attorney about this-next week you and I can talk more about this when you get back in the office. I appreciate'yourefforf on hope you'and the'family have a nice time away next week. Mike From: Stanley= Hunnicutt mailto: stanhunnicutt @sierramobilelabs.com) Sent: Thursday; March 17, 2011 12:59 PM To:;Liggett Brent E Subject: RE :-drawing Brent, Attached :is the revised drawing for the.carpor..t-showing the house and ail dimensions.. Please•note the drawing is.iidt to scale. In.order to enclose the rear of the'caeport-and still fit the..entire trailer inside,. the carport has been extended "by 4.5' to a total length of31.5'. This will incur an extra cost for me, but ifthis is what it takes to complete the project, I am. willing. It is my understanding'that this is,all 1 need to submit at this time. Please let me know if I am incorrect or if you need me to come iii to sign something for this addendum. Stanley A. Hunnicutt President Sierra Mobile Labs,„ Inc. Phone: 317 509 -8140 Fax:;888 -675 -2498 Email: stanhunnicutt @sierrarnobilelabs.corn CONFID NOTICE This message .is intended exclusively for the individual or entity to which it is 4/ 1.17201" 1 Page 3 of 4 addressed. This communication may contain.information that is proprietary, privileged or confidential or othierwise.legaly- ez'empt from disclosure: If you..are not the named addressee, you are not authorized to read, print, retain,., copy,: or'disse this :message or any part of it If yob :have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. From: Liggett, Brent E [maiito bliggett @carmel in.gov] Sent: Wednesday March 16 X20.11; 4:34 PM To; stanhunnicutt @sierram Subject: drawing Stan, [wanted .to send you a reminder that:you need;to,submit an updated plan of what your project will look like once finished.. Based on the email we sent you in February and the conditions put on theipermit.application I would like youito submit that`to us prior to :beginning.construction. If you were to begin buildingitprior getting this inforrnation'there is a chance we would post a stop =work order on the project. Thanks for'your cooperation, BV¢oit figgoft Buil /Code Enforcement Building :a nd' Code Servi ces The City of Carmel (317). 571. -2491 bligge#t @carrnel.ingov 4 41/201; 1 A Please consider'the environment before printing this a -mail Page 4 of 4 March 24, 2011 'fi A,RMEL JA(VIES 131iAI�iAR1), IV1AYOR To: Residents, of Christie's Thornhust Addition Carmel, Indiana 46032 Re: Proposed, Improvement' Location Perm_ it of Mr. Stanley A. Hunnicutt, 37 N. Guilford Rd., Carmel, IN 46032 Dear Carmel Property Owner: .I`write today in n ycapacityas supervisor of Brent Liggett who is a Building.lnspector and Code Enforcernent.Officer in the Departme_i t of CommunityServices,ofthe City of Carmel. Last week, after. an. internal investigation, I learned.that a forged letter was distributed recently `in;your neighborhood— ostensibly. sent: to. you, and your neighbors by.Mr: Liggett in an apparent attempt persuade..you that2the. Carmel 'Board of Zoning Appe had secretly approved Mr. Hunnicutt's.plans to•build!an. aluminum carport on his 37 N. Guilford. The City has not'yet been able to;discover the source of this forged letter(dated "March 201 C' and headed "Hi Neighbor ");.however, I want to assure,you°the'letter did not:•originate with=Mr. Liggett nor with any other employee :or'official ofthe City of Cannel. To set the record straight, here are all theifacts surrounding•Mr. Hunnicutt's proposal: 1. This Department initiated :an.investigation.last November into; the use of the Hunnicutt property; upon: Mayor.Brainar&s,request,,after the Mayor received a cop y of ,an anonymous complainfletter that:was dated;October 31, 2010. 2. •After:reviewing_Mr: Hunpicutt's practices on behalf of this Department•:Mr. Liggett advised Mr: Hiihnicutt'.that-it Was 'a violation of the Carmel Zoning Ordinance forhim to customarily park :his,business;trailer in the front yard ofhis,property. This advice was based on _the •textfof Section 25.26:01 ofthe Zoning Ordinance, which states, "Commercial vehicles or trailer "s shall not ;be parked stored, maintained or kept on any residentially used or- zoned.lot unless the vehicle:ha"s a maximum load capacity of three- quarters'(3 /4) of a ton or.less;•and,(A) th ,sole vehicular transportation of a resident of the property which it is parked ,stored or kept;' or (13) such vehicle is within..a garage or carport wliich.complies: withvall the and regulations of this ordinance." 3. When :Mr. Hunnicutt learned that he was'subject to a:possible enforcement action, he.filed with,Mr. Liggett a "Residential `Improvement Location Permit Application which was P EPARTMENT OF COMMUNITY SERVICES ONE CI\'Ii SO E, C Art. ft:L, IN 416032 1 r: 317.'371.2117. FAN 317.571.2426 IMic At:(. I'., F1ounkmI ;u, IhiECrQR Sincerely, 4. Mr. Hunnicutt has. yet to file'revised plans that demonstrate.his:proposed carport would meet the stated:above. Consequently, this Department has. NOT yet issued a final, valid pennit to Mr. Hunnicutt Which would allow him to proceed :to build the-carport. 5. Contrary to the insinuation in the forged letter, this matter has-NOT been reviewed or approved:bythe Carmel Board`of Zoning Appeals. 6, If and when this Department does.issue. a permit to Mr. Hunnicutt, the;issuance would still be subject: to- appeal by any interested, residents. Section 30.01 of the. Carmel Zoning Ordinance:states, "The Board :[ofZoning Appeals} may hear, review and,determine appeals taken from any order, requirements, decision or determination inade,by the :Director or any administrative official or board :charged with the enforcementof the Zoning.or Subdivision Control Ordinance of the, City of Carmel. All appeals shall be filed with the Director within thirty (30) days of the:actionto beappealed." After receiving a copy of the =forged letter,,I requested assistance from this Department's legal counsel,. provided. by. the City government: Our counsel has now advised the that Mr. Hunnicutt's proposed carport construction— while it,may be permissible under the City's ordinances —may violate the private; covenants and restrictions• that bind"owners:oflots in the Thornhust.Addition, which was platted in 1957. The covenants and restrictions were formally approved by the Hamilton :County Plan Commission on May 20,11957, andIecorded in the office of the Hamilton County Recorder, on .May 27, 1957. According-to our- counsel, neither this Department the :Board of Zoning.Appeals has authority under Indiana law, to enforce private covenants and restrictions they may be enforceable by "any other person owning ariy real property situated inthisfsubdivision Therefore, concerned residents may have to "consult a private °attorney if they want to take effective action to prevent the proposed carport from being built:. Tharik-you your attentiontothis.matter. If you would like to discuss any of the above.in further'detail, .you`inay.call ;me.at317571 2417. received b.y this Department on January 6, 2011, and conditionally approved by Mr. Liggett o►i:Eebruaiy 17, 2011. The condition that Mr. Liggett imposed on the application was that the;proposed carport would "need to screen the sides of the vehicle. from view Subsequetitly it:fias been communicated that any new accessory.building shall not alter the residential character oldie premises, and must be built so it does not create a visual detriment to adjacent property. 'Michael •Hollibaug cc: Douglas Haney, City Attorney Mayor James Brainard REV 1 RELEASED FOR CONSTRUCTION Subject to compliance with all regulations of State and Local Codes DEPT OF COMMUNITY SERVICES BUILDING SYSTEM CITY OF CARMELJ CLAY TOWNSHIP INDIANA UNIVERSAL INSTALLATION INSTRUCTIONS FOR CARPORTS FRAME SIZES: WIDTH: 10, 12', 14', 16, 18', 20', 24', AND 30' ON CENTER FRAME SPACING: 4', 4 1/2',-AND 5' FRAME LENGTH: 4' ON CENTER:20' -2 41/2' ON CENTER 18' AND 5' ON CENTER 20' EAVE HEIGHTS: START AT 7' TO 12 1/2' Our unique assembly process transforms the individual pieces into finisheti.StUlttti re that will give you.a lifetime of service. Great care has been taken to ensure complete satisfaction withjyo'Lr Nrchase. 'In the unlikely eventthat,there are.any missing or damaged parts, or if you simply eneed please.call our ToIi ,Free Hotline at 900 -7222 and your questions will be,°a promptly. Thank you for choosing the Versatube Building System. in tr,U 4 ZINST -CMU 7 9dl rr0 n 9 lf111 r" �U is u FAGE1 4 6 tt tr't+tttttutt tt�t t, L L O •3 SAFETY AND HAZARD INSTRUCTIONS CAUTION: Read'ttie following. safety warnings and all instructions in their entirety prior to installation. If you have ques- tions or are missing any parts, contact Mid -South Metal Products, Inc. (DBA, VersaTube Building Systems) Customer Service at 1- 800 900 -7222 before proceeding. WARNING: This structure and its manufactured components are engineered per the, instructions and engineering plans provided by VersaTube.Building Systems. The use of any framing components or materials in the erection of this structure that are not produced or provided by VersaTube could negatively affect the structural integ- rity and will negate any warranty provisions. VersaTube Building Systems and its authorized dealers are not responsible :for any structural.collapse or failure to perform resulting from additions, add -ons, or manipulation of non VersaTube components and /or failure to follow approved instructions. WARN 1NG: Metal parts may get hot when exposed to high h eat or direct sunlight. Avoid contact with skin and wear pro- tective gloves and clothing to prevent the possibility of burns. WARN ING: Do not stand or walk on the structure. It is not designed to support human weight or the storage of materials on the roof. Collapse of the structure may cause serious injury due to weight of components. WARN ING: Avoid installation on windy days as wind may create hazards during the installation process. Wind may blow material or cause partially installed components to collapse prior to being secured or fully installed. The weight of the components or structure may cause serious injury if it should collapse. WARNING: Metal conducts electricity and electrical shock hazards exist since the structure is made of. metal. During in- stallation or storage, keep the structure and all components away from electrical sources. Make sure that your selected location is away from power lines, underground cables, and any other source of electrical power. Serious injury or even death may occur if contact is made with electrical current. WARN ING: If the structure is moved once it has been installed, be certain to inspect all components and conditions and follow each and every step of these instructions to make certain that the structure is securely anchored, properly installed, and aligned. Failure to follow these steps could lead to collapse of the structure and may result in serious risk of injury. WARNING: In the event that your structure is enclosed, be sure to provide proper and adequate ventilation and egress and ingress. Hazardous; poisonous or nox ious substances should not be stored in the structures absent proper ventilation and the following all warnings and instructions of the manufacturer of the substance. Also, proper ingress and egress should be provided to prevent persons or children from becoming trapped inside the structure. WARN ING: If metal panels;ar selected to cover all or a portion of your structure, be careful of the sharp edges which may cause cuts or lacerations. Wear protective work gloves and suitable clothing for protection and always take care when handling metal parts. WARN ING: Always wear safety glasses or goggles when installing self drilling screws. PAGE 2 Liggett, Brent E From: Liggett, Brent E Sent: Friday, February 11, 2011 9:36 AM To: Liggett, Brent E Subject: FW: commercial vehicle From: Conn, Angelina V Sent: Thursday, January 06, 2011 12:09 PM To: Liggett, Brent E Subject: commercial vehicle Hi Brent I just found the sections of the ordinance that apply to the commercial vehicle vs. the recreational vehicle. (25.26 and 25.04) The carport will need to screen the sides of the vehicle from view; otherwise it does not serve its purpose. Hope this helps... Angie 2/11/2011 Page 1 of 1 CONDITMNAL