Loading...
HomeMy WebLinkAboutPacket Docket No.: Petitioner;, CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana O,.-t b 5'oo Z'5 ~ FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF . , 20 Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: O4 C),.~O 29 X/ Petitioner: "~t~.OL ~V~.'~' 1 k~'~l~L.~ 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 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 strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. ~H~&"~oz'~ V is granted, subject to any conditions stated in the minutes of this Board, which ere 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 C~ditions of the Board are listed on the back. (Petitioner or his representative to sign}. Z:~shamd~forms'~BZA appllca tlons~levstandapp Revised 01/05/2004 g'll.41' /! APPLICATION FOR A DEVELOPMENT STANDARDs YARTANC~ - INSTRUCTION SH]BET A/Iow ple~y of ~m. for the Depanmen~ of C,,~,mity Services (DOCS) surf ~eview and Bo~d of Zo.m~ Appeals (BZA) approval Process (approximately 4.~:0 days). Discus proposed Variance with the DOCS staff (please can for au appointment; 571-2417, Third Floor, Cermel City Hall, 1 Civi~ Square, C~,~d). INFORMATION NEEDt~D for formal DOCS mff and BZA z~vlaw: Need the ori~.l and one copy of the completed var~.-~e application (awil.Me from the Office of DOC~, with legal d~n(s) ...e~-d. Need two (2) copies of location m~ s~ location of ~i2 ~- question, ~,-a~.~, ami existing land use of all adjacent prope~ies. Need two (2) copies of an plms drawn to scale with an ,~;..~,ions and dcTictin~ an existi~ and proposed mracmms, elev~om, !.-~caping, c[~.~-.~-~., fi~1~.~ ~ --o---~'~°~""e, ,-4 any of~r sup~ofdng Need two (2) copies (one wgh each appUca~ fonn) of ~djace~ prop6~y owners ~ by the N.,-,'u~ Count~ Au4im~s Office. The above refemmed info~-,m.u mu.st be sulmitt=d to tim DOCS at lesst foxty-five (45) days pr~r to Imering date. W~thl. ten (I0) days, the application will be m~iewed by mff ami a letter o~'-~g ~e deficiencies w~l be ,~=med to the petitioner or a docket number will be assigned (a dnoke~ number will not be assig~d --m an deflr, iandes are ~rl~ess~d). After ~..I r~.w the petitioner will need to pay the ~ h'111.~ fee at which th.e ~ docket ',n.'.1~q,~ ~ be released. A~ th/s time, the Notice of Pvblic Hearing nmst be m.~ed to an edjacen~ property overs and published in the ~ a MANDATORY twenty-five (25) clay~ prior to the public ~ date. At least ten (10) days In'ior to the hearing, the petitioner nmst submit their tmoof of publ/cafions, proof of adjacent property ownm's notice, a completed Petitioner's Affidavit of Notice of Public Hearing, and the Board m~r.her'a p~kets to the DOCS (e ml.i--un of seven packets are needed). The following is the order and list of items that'shonld be included in the each Board Member's 'I-F~i~..~ of Facts (ballot sheet) 4-State-~_t of Suplmn 2-F~mg of Facts (question sheet) $-Localion Map 3~t~,mt of Varienee 6-. Reductions of all plans (site, dr.i,~.~e, !.~,ts~pin~, ~/~nge, lighting, eto...) and el~,a~ms e The property own=, propefq ownor'~ At~m~y, or someone with the property owner's Power of A~orney r~t~t be present at the CanneYClay Board of Zo-i-~ Appeals Pablia Hearing. A presentation -m~t be given at the public hesring. This should include some type of display or exhibit, an overtmd transparency projecto~ and leser pointer will be awil.Me the night of the hearing. Generany, vsriance applicetions are acted upon by thc Board in one meeting. However, the Board at im. dir, cmtion at any ~,~. may tabIe au item. I0. The Board of Zo-;~ Appeals meets the four, h Monday of each month at 7:00 p.m. in the City CounSI Chamber% 2nd floor of C~ Hali, 1. Civic 8q~u~, Carmel, Indian~. Z:\docs\shared\fonns~,/~utrdev.std R~vi~ed HAMILTON COUNTY, INDIANA APPUCATION FOR BOARD OF ZONING APPEALS ACTION OEVELOPMENT 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 vaded. All Other $950.00 for the first variance, plus $450.00 for each additional section of the ordinance being varied. DOCK rNo. qO oo. $ V D^T RECE VED: 1) Applicant: "~^~JL ~.A,~.TIN'~.~ 2) 3) 4) S) Address: Engineer/Architect: Attorney. Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the conbact purchaser of the property (c) Other:. If Item 3) (c) is checked, please complete the following: 7) Owner cf ttte property involved: Owner's address: Record of Ownership: Deed Book NoJInstrumant No. Page: I H ~'~' Purchase date: Phone: Phone: Phone: Commonaddresscfthepropertyinvolved: ~?0"~ P__.. (~-4-~.d~1~ '~P-. LegaldescrIp§on: ~'Y ?.. - - ~ . E --'~. '~t.t~ - Tax Map Parcel No.: I-70~t~. ~ O~ t ~,0 t '~ O0 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). 10) 11) 12) 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). PresentzoningofthepropertT(giveexactdassification): ~'10 ~E~ / .~./t~l $izeefiet/parcelinquestion: ~1~).O~ :~ ~I~.E(.,. acres Presentuseofth~pmpert7: 'P~E'4~ I 'F'A~t "~t.,~_l,J,n,l~ '' Describe the proposed use of the property, ~'~'~'~'~'~'~'~'~'~4 13) 14) Is the property, Owner occupied ~ Renter occupied Other Are there any resMctiens, laws, covenants, variances, special uses, or appeals filed in connection with this pmpert,/that would relate or affect its use fa' 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 ts being filed already started? If answer is yes, give deta~s: Building Permit Number:. Builder:. If proposed appeal Is granted, when will the work commence? 17} If the proposed variance 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-two (25) days prior to the public heating 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 am recommendsd: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining properly owners. (The white receipt should be stamped by the Pest Office at least twenty-five (25) days pdor to the public hearing date.) 2) HAND DELIVERED to adjoining and abtztfing property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twentT-flve (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 essi.qned until all suooortina information has been submitted to the Deoartment of Community Services. 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, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS Auditor of Hamilton County, Indiana-Signature Date AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this applica~on and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects fl'ue and correct to the best of my Imov~edge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. (Property Owner, Altomey, or Power of Attorney)' ' I~ate (Please Print) STATE OF INDIANA SS: county of. (county in which notarization takes place) Before me the undersigned, a Notary Public (Notary Public's county of residence) County, State of Indiana, personally appeared (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing insl~ument this ,20 (SEAL) (..,J Notan/Pub'lic--SlgnatuJe Notary Public-Please Print My commission expires: NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No. O~(3~'cY~Z'~ ~/ Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the -~ day of ~.~ ~ ~ ,20 be{ at ~l~ppm in the City Hall Council Chambers, 1 civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Vadence application to: (explain your 'request-see question numbered seven (7)) property being known as ~.'?'~'~C)~ E. &O~:3FIt,3Cl4 ~.. The application is Identified as Docket No. ~--~ b ~(~,~ ~ ~ ~ The real estate affected by said application Is described as follows: Legal Desc~ption) 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 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS I (WE) ~R~J~ ~'/-[l~.p._-[' I~t'~.L~ DO HEREBYCERTIFYTHATNOTICEOF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number . {~)~C) ~'O 0,2- ~ ",/ , was registered and mailed at least twenty.five (25) days prior to the date of the public hearing to the below listed adjacent properly owners: OWNER ADDRESS. %Z7 ~ The undersigned, having been duly sworn upon ~ saw that the above information is t~ue and correct and he is informed and believes. ,..~~ ~~ Signature of Petitimfer -- · _County_o.[, /'y~ ~u.,~. (County in which notarizat[o~ takes place) ,or (Nota~ Public's coun~ of residence) (Property Owner, Att6mey, or Power of Altomey) 0~J~ dayof J June 10,2004 Angie Butler Planning Administrator Department of Community Services One Civic Square Carmel, IN 46032 Reference: Docket # 04050023V Thistlewood, Sec 3, lot 32 Martindale Residence Subject: Public Notice, Adjoining Properties and Indy Star publishing Angie- In an effort to keep my file / submittal current for the reference docket case, I'm forwarding you a copy of the 2 page letter sent to the defined adjoining proper[,/ owners notifying them of my plans and how they can comment, which also included a copy of the Notice of Public Hearing Before the Carmel/Clay Advisory Board of Zoning Appeals form in my application packet. Attachment 1&lA Also attached is an image (two pages) of the USPS receipt verifying that the letters were mailed via Certified Mail on June 9 2004, and the official Hamilton County Notification List providing the names and addresses of who must be contacted. Attachment 2, 3 & 4 Additionally a copy of the Petitioner's Affidavit of Notice of Public Hearing Carmel/Clay Advisory Board of Zoning Appeals with the original Notary seal verifying that the letters were in fact mailed on June 9 2004. Attachment 5 Lastly a copy of the 3 page email I received back from the Indy Star confirming that the public notice will be published in the Indy Star on Friday June 11, 2004. Once it is published, I will also forward a copy of the actual notice as it appears in the paper. Attachment 6 I trust that you actually want/need this for my file, and that I'm complying procedurally with all that needs to happen pdor to the headng. Of course if you have any questions or comments, please feel free to contact me immediately. Sincerely, Paul Martindale 13707 E. Goldfinch Dr. Carmel IN 46032 (w) 765-4561~0824 (7:30AM-5:00PM) (h) 317-580-1273 (evenings) email: paul.r, martindale~delphi.com email: martindalepj@aol.com June 8, 2004 Subject: Petition to request for vadance from the zoning regulation requiring a minimum of 35 foot setback for any/ali building structure Dear adjoining property owner: I am requesting a variance from the city of Carmel, and by regulations I am required to advise all adjoining property owners of this request. The description of why we are petitioning for this variance follows: We would like to add a covered porch to our house. We believe it will add utility to our home, enhance and encourage neighborly activity in our cul-de-sac, and enhance the charm and value of our home. We propose to add an 8' (measured from the house front) porch the length of the inset vestibule on the front of the house. We believe 8' is required to allow for sitting chairs with sufficient space for passage. 8' would result in extending approximately 3' beyond the 35' setback - thus requiring a variance to the Development Standards. (For reference, the porch would extend approximately to the 'street side' of our current front concrete walk). A rendition of our plans looks like the following: Following is the legal jargon notification: Docket # 04050023 V Property legal description: Property common description: Sect-23 TWP-18 Range-3 Plat-574 Lot-32 Block-3 Tax Map Parcel #: 170923041001300 13707 E. Goldfinch Dr. Thistlewood, Goldfinch Dr E cul-de-sac Petitioner: Paul Martindale (property owner) Petition: Request for variance to the 35' set-back no build, to allow for the addition of a covered front porch. The proposed porch encroaches beyond the 35' set-back by approximately 3'. Public Hearing: 28 June 2004 6:15PM @ Carmel City Hail Chambers, 1 Civic Square, Carmel IN. The petition may be examined prior to the meeting at the Office of the BZA (Carmel Department of Community Services). Files may be examined at: Council Chambers Carmel City Hall 2nd Floor One Civic Square Carmel, IN 46032 Any person may offer verbal comments at the Public Headng or may file written comments pdor to, or at the hearing. Wdtten comments may be sent to: Carmel/Clay Board of Zoning Appeals c/o Connie Tingley, Secretary Carmel City Hall One Civic Square Carmel, IN 46032 If you have any questions or concerns, please f~,el free to contact us Paul & Julie Martindale 13707 E. Goldfinch Dr Carmel, IN 46032 (h) 317-580-1273 NOTICE OF PUBLIC HEAPJNG BEFORE THE CAR~aJCLAY A~V~SORY BOARD OF ZONING APPEALS Do.et No. O~b~Z3 V Nofi~ ~ hereby g~ ~at ~e C~CI~ ~a~ of Zoni~ ~als mee~ng on ~e ~ ~y of :1 ~ ~ ~ ,20 ~ at ~ in ~e C~ ~11 Co~1 ~ambe~, 1 C~ ~uam, C~el, Indiana 4~32 ~ hold a Pu~c HeaHng u~ a Devel~ment S~dards V~ appli~fion to: (ex.in your request-see question numbered seven propertybe~nglmownas ~"5'70'~ ~. ~=~l:~Fi~C.t-t The applicationis Identified asDocket No.. ~ b ~(~'Z."~ '~/ The real estate affectect by saki application Is described as f~lows: ...... $~-:~ T-t~ l~.4~-~-L~--~,9. '1~(~ertLegalDe.scriptlon) Alt interest~ persons desiring to present lfleir v~ews on lfle above appl[calion, either ~n wn'ting or verb~, will be given an opportunity to be heard at the above-rnentioned time end place. ~ ETITiON EP,,S % ~ ~ 0..,~ IIA~ILT~ I~fl~ NST~IT~ U~T PREPARED BY 11[ HAMI.T6~I C81JN~ A~BITOgS gF~ glVISlOli gF TAX MAFllg~ PLEASE NO1D'Y '1'1[ FIJi. LOWING PERSONS 17-09-23-04-06-006.000 Dennis G &Patricia H Barger 716 Village Dr E Carmel IN 46032 '17-09~23-04-05-007.000 William & Holly K Hayden 786 Village Dr E Carmel IN 46O32 17-09-23-04-05-008.000 George, Renetta I & Frederick C Trust 806 Village Dr E CARMEL IN 46032 17-09-23-04-10-012.000 Shane C & Melinda $ Rodimel 1278 Goldfinch DR Carmel IN 46032 17-09-23-04-10-0t 4.001 Michael J & Suzanne Amiss 13697 Goldfinch Dr CARMEL IN 17-09-23-04-t 0-017.000 Zaya Phd Malik MD & Sheba Malik 8 Upton Ave Providence RI 2906 17-09-23-04-10-018.000 Paul L &Linda C Lockard 12831 Goldfinch Dr CARMEL IN Wednesday, May 19, 2004 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING hearing to the be[ow listed adjacent property owners: OWNER CARMEIJCLAY ADVISORY BOARD OF ZONING APPEALS I ONE) ~-~M~J L. ~4 P~P~'I' ll, t'~L~ DO HEREBY CERTIFY THAT NOTICE OF (petitioner*s Name) PUBLIC HEARING BEFORE THE CARMEL/ClAY BOARD OF ZONING APPEALS CONSIDERING Docket Number {~H O ~'O (~. '~ ",J' , was registered and mailed at least twanty-five (25) days prior to the date of the public ADDRESS STATE OF INDIANA I'~,.~,"l ~-~-~FI~C~ 'bE The undersigned, h,wi~ bean duly sworn upon ~ se'~s that the ebove inform ntlen ia true and correct and he is Informed and beJieves. ,.~~~~ Signature of Petiliorfer . _Co.u~ty_o.[ ~'~ (County in whidl notaflzaUon takes place) (Notal'J Public's county Of resldellce) (Property Owner, Attorney, or Power of Attorney) J Bofore.me_the~nde~signea: ~ Nota~_Eublic .... County, State of Indiana, I~ersonally appeared and acknowledge the execution of the foregoing instrument this / , ,2oo No,ta~ Pubr~c--Signalure Lo, ; Notary Public-PJea~e Print~ My commission expires:. .~.//~,/,,~-~'7 Nacdndale Martifldale, Paul R Subject: FW: Paul Martinclale - Public Notice ..... Original Message ..... From: Carol.Mitchell@indystar.com [mailto:Carol.Mitchell@indystar.com]On Behalf Of publicnotices@indystar.com Sent: Wednesday, June 09, 2004 8:52 AM To: Martindale, Paul R Subject: Re: Paul Martindale - Public Notice This is ordered now to pub ix on 6/11. Card will be charged $129.69. You're all set and thank you for the information on the legal perimeters for this type of matter. Thank you. Carol M. "Paul. R.Martindale" <Paul. R.Martindale@ delphi.com> 06/08/2004 04:57 PM To: cc: Subject: <publicnotices@indystar.com> Paul Martindale - Public Notice Carol - we just spoke on the phone. The documentation from Carmel indicates that the following information shall be included in both the published legal notice and the notice of interested parties (which I believe is a mailing I have to send to adjacent property owners, notifying them of my petition for a variance). a) Docket number and the substance to be heard b) The legal description of the subject real estate c) General location by address or other identifiable geographic characteristic of the property d) Name of the person, agency or entity initiating the matter tc be heard e) A general description of the Petitioner's request for approval f) Date, time and place of the Public Hearing g) Statement that the petition may be examined at the office of the BZA (Carmel Department of Community Services) h) Statement that any person may offer verbal conunents at the Public Hearing or may file written comments prior to or at the hearing i) Any other information that may be required by law to be contained in such Public Notice I believe the following text complies with this requirement, and this is what I'm requesting be published: Docket ~ 04050023 V Request for Building Code Variance Property legal description: Sect-23 TWP-18 Range-3 Plat-574 Lot-32 Block-3 Tax Map Parcel #: 170923041001300 Property con, on description: 13707 E.Goldfinch D=. Thistlewood, Goldfinch Dr E cul-de-sac Petitioner: Paul Martindale {property owner} Petition: Request for variance to the 35' set-back no build, to allow for the addition of a covered front porch. The proposed porch encroaches beyond the 35' set-back by approximately 3' Public Searing: 28 June 2004 6:15PM @ Carmel City Hall Chambers, 1 Civic Square, Carmel I~. The petition may be examined prior to the meeting at the Office of the BZA (Carmel Department of Community Services). examined at: Files may be Council Chambers Carmel City Hall 2nd Floor One Civic Square Carmel, IN 460~2 Any person may offer verbal comments at the Public Hearing or may file written comments prior tn, or at the hearing. Written comments may he sent to: Carmel/Clay Board of Zoning Appeals C/o Connie Tingley, Secretary Carmel City Hall One Civio Square Carmel, IH 46032 You indicated on the phone that the earliest this can be run is Friday June 11 2004. Please run on that date. My address is included above, repeated here: Paul Martindale 13707 E. Goldfinch Dr Carmel IN 46032 Home Phone: 317-580-1273 During the day it's best to contact me at work, via the phone & email contained in the closing. You may charge the publishing cost to my Master Card~ xxxx xxxx xxxx xxxx Expire 09/05. Full Name on the Card: Paul R Martindale Please contact me if there are any questions. Also I would appreciate it if you could email me back a confirmation that this will make it in Friday's Indy Star Thanks - Paul Martindale Product Line Planner - Warning Systems Forewarn® Products Phone: 765.451.0824 Fax: 765.451.5500 e-mail: paul.r.martindale@delphi.com Note: The information contained in this message may be privileged and confidential and thus protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this con~nunication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. 80000-3309316 .PUBLISHER'S AFFIDAVIT State of Indiana SS: MARION County Personally apl~ared before me, a notary public in and for said county and ~,,. the und~rsigued Karea M,,mns who, being duly sworn, says that SHE is clat of the INDIANAPOUS NL~/SPAPERS a DALLY STAR newspaper of gunmt chr~lation printed and published in th~ English language in the city of INDIANAPOLtn ia state and county aforesaid, and lira the printed matter attached hereto is a U'ue co~y. which was duly published h said paper for 1 tiros(s), between the dates o~ 06/11/2004 and 06/11/2004 Clerk Tide Subscribed and sworn to be~e me on 06/I1/2~4 ~I" Notary Public ~ Susan Ketchem My commission expires: ~ Notar/Public, State of Indiana STATE PRESCRIBED FORMULA RATE PER LINE 7.83 PICA COLUMN - 94 POINT 94 POINTS / 5.7 PT. TYPE - 16.49 16.49 EMS / 250- .06596 SQUARES · 06596 SQUARES x $4.67 - .308 CENTS PER LINE PUBLISHED 1 TIME = 308 PUBLISHED 2 TIMES=.462 PUBLISHED 3 TllVlES= .616 PUBLISHED 4 TI3,1ES= .770