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Home My WebLink AboutPacketTM LEGAL Et BUSINESS ADVISORS CARMEL BOARD OF ZONING APPEALS INFORMATION BOOKLET DOCKET NO. 04020012V PETITIONER: CAMPBELL DEVELOPMENT 2, LLC PROPERTY ADDRESS: 751 WEST 116~}I STREET SUBMITTAL DATE: MARCH 12, 2004 HEARING DATE: MARCH 22, 2004 Joseph D. Calderon Ice Miller One American Square Box 82001 Indianapolis, IN 46282 Attorneys for Petitioner (317) 236-2100 (5833) One American Square I Box 82001 I Indianapolis, IN 46282-0002 i P 317-236-2100 i F317-236-2219 I www. icemiller, com Indianapolis I Chicago I Washington, D.C. INDEX TO INFORMATION BOOKLET CARMEL BOARD OF ZONING APPEALS DOCKET NO. 04020012V PETITIONER: CAMPBELL DEVELOPMENT 2, LLC PROPERTY ADDRESS: 751 WEST 116~I~ STREET ITEM NO. DESCRIPTION le e Findings of Fact (Ballot Sheet) Findings of Fact (Question Sheet) e Statement of Variance (Part of Application) e e State of Support (Part of Application) Location Map . Site Plan INDY 1335123vl CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: 04020012V Carmel, Indiana Petitioner: Campbell Development 2, LLC FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet), e . DATED THIS~ DAY OF ,20 . Board Member "- INDY 1330921vl . '2. o CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: FINDINGS OF FACT- DEVELOPMENT STANDARDS VA.RIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because' the development will be very Iow density and not have an impact on traffic, density, safety or any other concern of a public nature. 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 front setback reduction will not result in structures being built any closer to adjacent properties than as permitted under the Zoning Ordinance. 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 narrow width of the property, the dedication of right-of-way, and on-site retention all reduce the amount of buildable area, as does the desire to maintain lots that are compatible with the existing development pattern, all leading to difficulty in complying with all sections of the Ordinance. 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 ,200 ..... 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). INDY 1312587v1 CITY OF CARMEL - CLAY TOWNSHIP , HAMILTON COUNTY~ INDIANA _ APPLICATION FOR BOARD OF ZONING APPEALS ACTION .... DEVELOPMENT STANDARDS VARIANCE REQUEST .... FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. --- DOCKET NO. DATE RECEIVED: 1) Applicant: Campbell Development 2, LLC; cio Mark Zukerman & Associates Address: 9011 North Meridian Street, Ste. 202, Indianapolis, IN 46260 2) Project Name' Chateaux de Moulin Subdivision Engineer/Architect: Lance Ferrell, Banning Engineering Phone: (765) 778-2738 Phone: (317) 839-2581 Attorney: Joseph D. Calderon, Ice Miller Phone: (317) 236-5833 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: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Fred and Judy Klipsch 5) Owner's address' 3510 Sedgemoor Circle, Carmel, IN 46032 Phone: Record of Ownership' Deed Book No./Instrument No. 96-12716 6) Page' Purchase Date: March 29, 1996 Common address of the property involved' 751 West 116th Street Legal description' See Attached Tax Map Parcel No.: 17-13-03-00-00-008.101 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). Petitioner seeks a variance of Section 6.04.03(A) of the Carmel/Clay Zoning Ordinance to provide for a front yard setback of 25 feet, 35 foot minimum front yard setback required. INDY 1312587vl 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). The narrow width of the property, and the configuration of the road, which was designed to make the neighborhood compatible with adjoining uses, resulted in small building pads with very large homes proposed. Present zoning of the property (give exact classification): S-2 Size of lot/parcel in question: 10 acres Present use of the property: Undeveloped Describe the proposed use of the property: Single family residential subdivision Is the property: Owner occupied Renter occupied Other: Vacant 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 pedinent explanation. To Petitioner's knowledge, no. Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: If proposed appeal is granted, when will the work commence? Spring/Summer 2004 If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Petitioner will develop site, and lots will be sold to,third parties. 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 al'so 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) · . , INDY 1312587vl PROJECT LOCATION VICINITY MAP NO SCALE ~ E 111th St OPERATING AUTHORITIES GAS CABLE TELEVISION WATER Vectren T~MNarner Cable Indianapolis Water P.O. Box 1700 3030 Roosevelt Ave. 1220 Watan~'ay Boulevard Noblesvi~e, IN, 46060 Indianapolis, IN, 46204 P.O. Box 1220 317-776-ro535 317-632-9077 Indianapolis, IN 46206 Chuck Shupperd Jason Ki~man Para Waggoner ELECTRIC STREETS TELEPHONE Cinergy/PSI Hamilton County Highway Department SBC 1441 South Guilford Road 1770 South 10lb Street5858 N. College Ave. Carmel, IN 46032 Noblesville, IN 46060 Indianapolis, IN, 46220 317-776-5347 317-773-7770 317-972-9700 Rick McClain Steve Broemarln Jeremy Pendelton SANITARY SCHOOL DISTRICT STORM Clay To~mhip Regional Waste Distrk/ Carmeb'Clay Schools Hamiito~ County Drainage Board 10701 Nodh College Avenue, Suite A 5201 East 131st StreetOne Hamilton County Square, Suite 188 Indianapolis, IN 46240Carmel, IN 46033 Noblesville, IN 46060 317-a44--e200 317--a44-9~'~ (317) 77s-e495 Jay W. Alley Ron Fan'and "DON' T D I G 8L I ND" 1-800-382-5544 CALL BEFORE YOU DIG "PRIMARY PI. AT" CHATEAUX DE MOULIN RESIDENTIAL SUBDIVISION CONTAINING 10.0 ACRES NE 1/4, SEC. 3, T. 17 N., R. 3 E., CLAY TOWNSHIP PROJECT ADDRESS: 751 1 ! 6th STREET, CARMEL, IN 46032 LEGEND O STOP SIGN ~ STREET NAME SIGN SPEED LIMIT SIGN ONEWAY RIGHT SIGN KEEP SITE MAP SCALE: 1" =100' PROJECT LOCATION DOCKET NO. 188-03-PP 188-03a-SW 188-03b-SW E 111th St LOCATION MAP NO SCALE DEVELOPER & PROPERTY OWNER ¢~PBE~.L DEVELOPMENT 2, LLC P.O. BOX 501 PENDELTON, IN 46064 PHONE: 11(765) 778-2738 FAX: (317) 573-9300 CONTRACT: SCOTT CAMPBELL DATE OF SUBMISSION- NOVEMBER 21, 2003 REVISED: DECEMBER 18, 2003 SOURCE OF TITLE- EXISTING ZONING: S-2 STREET NAJgE CHART 125 .P. DES, G. SPEED REVISIONS DESCRIPTION PER HCHD COMMENT LETTER PER TAC MEETING ON 12-17-03 REVISED PER PC MEETING REVISED PER [XX~ COMMENT LE'I-rER SHEET INDEX DESCRIPTION PRIMARY PLAT MISCELLANEOUS DETAILS PLANS PREPARED BY: 698 TOWER ROAD, SUITE #100 PLAINFIELD, IN 46168 8U$. (317) 839--2581. IA)( (317) 838--9171 E--MAlL banning~annin~--~ng, com CONTACT: LANCE G. FERRELL CERTIFIED BY: DATE: "N \ PRIVATE STREET STATEMENT \ CAMPBELL DEVELOPMENT 2, LLC AND ANY AND ALL SUCCESSORS AND ASSIGNS HEREBY WNVE ALL RIGHTS TO PETITION THE HAMILTON COUNTY HIGHWAY DEPARTMENT. THE HAMILTON COUNTY BOARD OF '~,. COMMISSIONERS. OR HAMILTON COUNTY. OR THE SUCCESSOR UNIT OF GOVERNMENT TO BE RESPONSIBLE FOR THE MNNTENANCE OF THE INGRESS/EGRESS EASEMENT. OR TO HAVE THE EASEMENT CONSIDERED A PUBUC ROAD NECESSITATING MAINTENANCE BY ANY UNIT OF GOVERNMENT WHERE INGRESS/EGRESS EASEMENTS ARE SHOWN ON THIS PLAT. THOSE LOT OWNERS ABUTTING SUCH EASEMENTS SHALL OWN EQUAL AND UNDIVIDED INTEREST IN SUCH EASEMENTS AS TENANTS IN COMMON. AND ~T SHALL BE THE OBUGATION OF EACH OWNER IN COMMON WITH THE OTHER LOT OWNERS ABUTTING SUCH A STREET TO CONTRIBUTE AN EQUAL SHARE OF THE COST OF THE MNNTENANCE OF SUCH STREETS. WHERE A MAJORITY OF LOT OWNERS SERVED BY A PRIVATE STREET ELECT TO REPNR THE PRIVATE STREET LOCATED IN THE EASEMENT AND ONE OR MORE LOT OWNERS FNL TO PAY THEIR ALLOCABLE SHARE OF SUCH REPAIR. THEN THE OWNERS PAYING SUCH COST MAY FILE A LIEN FOR THE REASONABLE VALUE OF THE LABOR PERFORMED AND MATERIALS FURNISHED AS PRESCRIBED BY THE LIEN LAWS OF THE STATE OF INDIANA AGAINST ANY SUCH LOT AND THE OWNER THEREOF AND RECOVER THE FULL ASSESSMENT OWED TOGETHER WITH INTEREST FROM DUE DATE AND REASONABLE ATTORNEY'S FEES. THE PRIVATE EASEMENT MAY CONTAIN UTILITIES TO SERVE SND LOTS· ALL PRIVATE STREET EASEMENTS SHALL BE A UTILITY EASEMENT. PO0~L · 847.0 ~. .. PERIMETER 744')'. ,, ,, .... .. "--5..60.00' ,, 15' D.E. 18' RCP "', ~ %15' D.E. -.,,., I'\ 1.76AC '' % - ~ k.(~ONCRE'-rE,,WEiR, ' . EXlSrI~wOOOS ":. · ',,. '.. STORM OUl:tE-T' '"- / '"-..~ \ ~' ~ "W/ DISSIPATER'S?-.- -- ' ' "- 3'6~' ~'~'-'!-- -- 10' D.E. ,_~',.., -,_-- ,,,. '.., . -., ~,-'""-'--'' .......... ! ..... ,. ".,~.-. %.-,.,.-,., ', ~ ~ ., TL '",,,',, ..... ! ' BENCHMI~K STANDARD DISK. STAMPED "Y 42 1934" DESCRIBED BY NATIONAL GEODETIC SURVEY 1947 2 MIS FROM CARMEL. 2.0 MILES SOUTH ALONG THE CHICAGO. INDIANAPOLIS AND LOUISVILLE RNLWAY FROM THE STATION AT CARMEL. HAMILTON COUNTY. 111/2 RNLS NORTH OF MILEPOST B 170.10 RAILS NORTH OF THE CROSSING OF THE INDIANA RAILROAD. 7 RAILS SOUTH OF THE CROSSING OF 111TH STREET, 2 YARDS EAST OF THE EAST RAIL, IN THE TOP OF THE NORTHEAST CORNER OF A CONCRETE SWITCH BASE, AND ABOUT 8 INCHES LOWER THAN THE TRACK. ELEVATION - 838.62 CNAVD 88) ZONED S-! 00°!32, 40" W 1046.44' 4' CONCRETE SIDEWALK NO PAD. $ 1.D1AC NO PAD . ZONED S-Z SITE CONSTRUCTION SEQUENCE /~ & INSTALL CONSTRUCTION ENTRANCE ALONG THE PROPOSE~}~NTRANCE. B. START MASS EARTHWORK, LAKE CONSTRUCTION FOLLOJl/ED BY EROSION CONTROL. / C. INSTALL AND CONNECT ALL INFRASTRUCTURE. / O. MNNTAIN EROSION CONTROL. GENERAL NOTES 1. ALL SANITARY SEWER SHALL BE 8" PVC UNLESS NOTED OTHERWISE. 2. WATER MAIN ALONG ll6th TO 12" PVC AND WATER MNN THRU THE SUBDIVISION TO BE 8" PVC. PRIVATE STREET TO BIt 28' IN WIDTH N4D HAVE A 50' INGREES EGRESS EASEMENT. 4. ALL LOTS TO IO'SIDEYARD SETBACK AND 20' REARYARD SETBACK. 5. S.O.S. TYPE ACCESS DEVICES SHALL BE INSTALLED AT THE GATE W/ A BATTERY BACKUP. LAND MOUNDING NO PAD 1,00AC ........ ~,,~.; ......................... 10' ASPHALT woods.. COz142HroN z4_lJE,4 0.23AC ',., EXISTING 2' NON EASEMENT CURVE DATA TABLE CURVE NO. RADIUSTANGENTLENGTHCHORD DELTA C1 150.00' 7.06' 14.03'15.98' 16' 04'41" C2 125·00' 37.45' 72.74'71·72' C5 150.00' 80.69' 148.06' 142.12'56' 55'12" C4 1,50.00' 10,50'11' 428.67' 296.99'165' 44'29"' ~{ .,' I ~ /. I " ', ' ..,, / \ '" PROPOSED FUTURE '~. " ROUND - A - BOUT / ,.,,, SAN/TARY M~ I~ S 8~ I~ s 8~ WII~EN llBth STREET 3'AND 3' GRAVEL SHOULDER 147 STONE BASE 5" HAC BINDER Y' HAC SURFACE / F-~ .... / / · · · / ,/ . i FEN'~E WITH GATED ENTRY / ! .' FLOODPLAIN NOTE THIS PROJECT LIES IN ZONE X (AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLO00 PLAN) PER FIRM MAP 18057C0208F OATED FEBRUARY 19,200~ LAND DESCRIPTION Port of the Eost Holf of the Northeost Ouorter of Section 5, Township 17 North, Ronge 3 Eost, olso being o port of the on overollperimeter description recorded in Oecd Book 295, poge B53 in the Office of the Recorder of Homilton County, Indiono More porticulorly descrlped os follows: ' Commencing ot the Northeost corner of the Northeost Ouorter of soid Section 5; thence South 89 degrees 11 minutes 58 secoeds West on the North line of sold holf quorter section 870.69 feet to the Point of Beginning; thence continuing South 89 degrees 11 minutes 58 seconds West on sold North I'me 416.27 feet; thence South O0 degrees 52 minute 40 seconds Eost (deed ond meosured), 1025 feet (deed), 1046.44 feet (meosured); thence North 8g degrees 11 minutes 58 seconds Eost porollelwith the North line of sold holf quorter section 416.27 feet; thence North O0 degrees 52 minutes 40 seconds West 1046.44 feet to the Point of Beginning, contoining 10.000 ocres. more or less. Subiect to the right of woy of 116th Street off the entire North side thereof. Subject to ollother legoleosements ond rights of woys. LEGEND EXISTING PROPOSED -, STORM SEWER I ' STORM SEWER ~S . SANITARY SEWER Il Illl SANITARY SEWER ~w WATER LINE ............. WATER LINE -,x x-- FENCE LINE --------~ SUB-SURFACE DRAIN ...... G -- GAS LINE ~ DECORATIVE FENCING OVERHEAD UTILITIES ~) SANITARY MN "DON' T DIG BLIND" OHE 0 MANHOLE 0 STORM MH (~ STORM INLET I-lO STORM INLET : CATV OR TELEPHONE PEDESTAL CALL BEFORE YOU DIG 03146 Project No: i , J //, i,~ i,,"" Z i - 2'NON =-J EASEMENT I ii1 0 'C~ I I '1' ,,', " SEE LOWER LEFT FoR 'CONTINUATION