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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.
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1.76AC
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~ 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'
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"
SEE LOWER LEFT FoR 'CONTINUATION