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HomeMy WebLinkAboutApplicationCITY OF CARMEL..- C,.LAY_ TOWNSHIP HAMILTON C.. ,OUNTY, INDIANA APPLICATION FOR BO ,A. RD OF ZONiINi.G.APPEALS ACTION DEV ..E.L. OPMENT STANDARDS VARIAN.CE REQUEST, FEE: Single Family (Primary Residence) $250.00 for the .... first variance, plus $75.00 for each additional section of the ordinance being varied 50/..0 . All Other $950.00 for tl~e first variance, plus $4 0 for each additional section of the ordinance being varied. DOCKET NO. 0~' (~ O0 I~-- ~,~ ..... 1) Applicant: ...... DATE RECEIVED'.. ~ ~ ~ ~ --~,O ~ ............ 2) Project Name: ~(~~ .~.. 'm~., !90qE'l"t0 Phone: .............. Engineer/Architect: . Phone: Attorney: ..................... Phone: ............. 3) Applicant's Status: (Check the appropriate response) u,/- (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: Owner's address: Phone: .............. , , Record of Ownership: Deed Book No./Instrument Page: ....... Purchase date: '"/' ,"" II '" 0 L.~ Common address of the property involved:. Legal description' LOT C-~ ~ l(3_~(::~ ~-'~0 [~' Club ~--o~z-3-~l nlq Tax Map Parcel No.: 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). o / Page 1 of 8 - z:~shareo~orms~BZA appllcatlons~ Development Standards Variance ApplicaUon rev. 01/05/2004 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). . -i-o ~ '.., ~ ,.4-u oF. ~ z, ~r-o',~_~4~ t e. .... czzs ..... ...... 9) ~0) ~2) 13) 14) Present zoning of the property (give exact classification): Size of lot/parcel in question: Co 5 ~ ......... Present use of the property: ~i 13 ~,, I.o_~ .~'~-.'rY~ t~ ~ h 0 ~ ~__. Describe the proposed use of the prope~: . ~,{hCrl~~ ~~~ t_[~ hOn]~ acres Is the property: Owner occupied_ , Renter occupied ................. 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. ~0 15) Has work for which this application is being filed already started? If answer is yes, give details: ~(D Building Permit Number: ........ Builder: 16) 17) If proposed appeal is granted, when will the work commence? ,,, Soon_ A-s ................. 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 Sta. r 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) Page 2 of 8 - z:~sharedVorms~BZA applications~, Development Standards Variance AppllcaUon rev. 01/05/2004 .AFFIDAVIT.. I, hereby swear that I am the owner/contract purchaser of property' involved in this application and 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, aut~r-iz.e the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed: ':, (Property Owner, Att~Sey, or Power of Attorney) Date' {PleaSe Print) STATE OF INDIANA SS' County of iLt c-v'o j (County in Which notarization takes place) Before me the undersigned, a Notary Public for (Notary Public's county of reSidend~i (Property Owner, Att°rne~,, or Power of AttOrney) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this , ,,,20 OZ/'- · iotarY Public--Signature ~ ~N0tary Public--Please Print My commission expires: t y ,x ,.ao o,7 Page 4 of 8 - z:~shared~forms~,BZA applicatlons~ Development Standards Variance Application rev. 01/05/2004 Docket No.' Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA o q o/~0o~ -V . 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' 1 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: ~ ~7'1~ ~.e~ ho~.e Vo toe 6.;/-f ,~,,.~ l~r~~ ~~ sL~l~. --' I ' . 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. is granted, subject to any conditions stated in the minutes of this Board, whic~ are incorporated herein by reference and made a part hereof. Adopted this .................... day of .............. ,20 ..... . CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, 'Carmel/C'iay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:\shared\forms\BZA applications\devstandapp Revised 01/05/2004 Page 8 of 8 - z:~shared~forms~BZA applications~ Development Standards Variance Applicalion rev. 01105/2004 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: ' .... (~).,.~ (~ ~ ~O.,.i E -[// ....... Petitioner: ' .... 7"'~,~]I,t,~¢-._~ ~_..,,, ~ .~'<"f,~i,,,. ~ FINDINGS OF FACT, DEVELOP,M,E. NT STANDARDS,VA. RIANCE (Ballot Sheet) . .. . DATED THIS DAY OF Board Mer~ber Page 7 of 8 - z:~share~forms~ZA applications~ Development Standards Variance Application rev. 01105/2004 The ~&ndersigned; ~,.Yilliam H.. Di~del .and Helen C. Diddel~ his:wife; certify that they do' hereby lay off~ plat and subdivide into· lots in acco.rdance with this' plat. the real estate me. ntigned' in'the foregoil certificate to be known and designated as Woodland Golf- Club S~Sdivision.' · . There are .s~rips of .ground Showfi on the within plat marked "utility Str'ips, which are hereby reserved for-the use. of P~.::,lic Utilities companies, not including Street Car or Transportation Companies · for the installation and maintenanc~ 'of mains'%' ducts, poles, lines~, sewer~, drains and· wires, subject at all times .to the'. proper pUblic authority and to the easement herein reserved~ No~ permanent or other~ structures, shall be er,acted or maintained on said s~ripso ?n'e Owners or-such lot. s~ in this sUb- divisi0n~ however~ shall take their titl. es subject to ~he ·rights of. ~the 'Public Utilities ~Companies and t~ those Owners' of. lots in this 'Subdivision~.oto said easement herein granted ~for ~ingress and egress~ in alo~ across and through the strips of grOund 'So reserved, ~ · · . . . All lots.in this 'Subdivision' shalI~ be known as residential lots. '0nly one single detached family dwelling With accessory buildings and ~ot exceeding two 'and one'half stories 'in height, may. be erect, ed and maintained on any:platted lot therein. Front and side building lines are established· as on' this plat~'~.-etween which l'ines and the prgpe.rty lines, there 'shall be' erected 'and. mainta'ined no structure or part thereof .other than an open one-story p~rch. No structure sha.ll be erected and main- tain~,d nesrer than fifteen feet' %o any lot. line except a detached garage or Other accessory building locat~.d one h~mdred fifky feet .or' more from the fron't proPe.~y lt~e. , · No. residence shall be'ierected Or placed on any building plot which has an area.0f 'less than lO~O00 square 'feet or'a width of less than ?0 feet at the front building line. · . No noxious. Or offensive trade 'or activity·shall be carried on upon any 'lot in this Subdivision~ .nor shall anything be. done thereon which may' be or become an annoyance 'or nuisance to the n~tghborhood. No' trailor, basement~ tent., shack~ garage ~ b~rn or other outbuilding erected on.the tract shall at any time. be used as a residence temporarily or permanently~ nor shall any structure of a temporary character be used as a resident. "" No 'dwelling shall be permitted on any lot in this Subdivision .having a ground' floor area 'of" less than 900 square feet of .the main struc.tL~re exclusive, of 0pen"porches and garages., nor less-than 720' ,. square feet. in .the case of two or two and one'. tialf .story structure... No building Shall be. erected~, placed or' altered on any buliding, plot in this. 'Subdivision.until t he building plans,..specifications and plot plans' showing the. location of such building have been approved in writing as 'to the'conformity and harmony Of 'external' design wi~h exiating buildings in the Subdivision~ and as to location 'of-the 'building with 'respect to topography, and f.~nished ground elevati( by a 'committee ~omposed of Robert Smith~ Edward E, McLaren and William H. Diddel'~ 'hr:-by a reD.resentative designated by a mjori.ty of the members, of said commfttee.. In the event of death or resignation Of anY' member of 'said committee, the remaining members' shall have· full authority to appro.ve or " disapprove - such design or location~ or' to'.designate a representative"with like aUthority. 'in the event' said committee or its designated representative'fails to approve Or disapprove such design and. location within thirty days after said plans and specifications have been submitted'to it~ or in event no suit to' enjoin the erection of such building~ o~ the making of such~altera.tions has been commenced prior to the completion thereof; such apprOval will not be required and tliis~ covenant be ~deemed 'to have been. fully c~mPlied With Neither the members of. this committee~ nor its designated representative shall 'be entitled to any compen: tt0n 'for~ services Per. formed pursuant' to this coVenant..~ The powers~ and duties of s~h committee and' its designated representative shall Cease on and after five years.' from th~ date of sign~.-ng'thts covenant after the approval'described' in this co~enant shall not be required unTess~ Prior to said~ date and effect~ ye th~reon~ a .written tnstr?mment .shall be execUted ~,y the then recorded ~ners of the majority of the~ lots in this 'Subdivision.~.~and duly recorded';' appointing a representative or representatives~'who shall '.t'here~ exercise-t~he same powers previously exercised by said committee. IndtvidLmt wells shall be permitted. Provided location, st:fficiency of supply and p.~:rtt'y is appro: ~y the proper' public ~'ut'hority. Both Private. or semi.-public water supply and' sewer ~isposal systems may' be 1 0cared on 'the same .building plot 'or' within,, or adjacent to this Subdivision to Serve any buildi'ng Plot provided written approval has. been given by the proper pdblic laUthority~ Stating that such water s~jpply, nd towage disposal systems are. satisfactory to serve Such lots~ taking into consideratio~ the 'conditions ·and hazards which can reasonably be expected to exist.' when all lots to which thes~ covenants' apply~ have bee built up with houses, and'further provided that (a) No·septiC tank shall be closer than'20 Jfeet~I and'no .tile absorption· .fi~l~ §hall be 'close~ than ~0 feet to a'dwelling - 50 Feet t.0a Well '-25 feet to 'a-str~ or ~.:fee.t to a property, line. or where the. surface' or ~ound. Water flow is toward the well or an'a!~sorptton ifield. 02 not less 'than 200 'feet 'in' length· of Open' Joint~ agrlcultL~al ~ile shall dwelling nd laid to a.grade of not more than. 4 'inches in 100 feet - not more than 24 inches below°the s~.face of .the ground with lines not .less than l0 feet .apart~ and (b) No i~achihg cesspool' shall be .located in this Sub. division~ and no other Sanitary provisiOn or devi.ce shall· be employed or permitted on any lot' in this division prior to the ~vailability. of a sanitary s.ewer system.'. ' ~ The streets in this addition 'heretofbre not 'dedicated are hereby dedicated .t0 ~he ~tfolic for'~ . heir use. · . · The- right t° enforce the foregoing pro-visions,, restrictions.and .covenants by injuneti~n together with the right'to c~USe the removal by process of law any'septic .tank~ absorption bed or. structure., erec~ or .maintained in violation t~ereof, iS'hereby dedicated to the public .and reserved to ~the' owners of .the s~ 'lots in this..]ubdivision~ their 'heirs and assign's'~ who shall be entitled' to Such relief with°ut,being · .required to 'show any:damage 6f any'kind ~o any'such owner or owners by Or through any. sudh violation or attempted violation. 'Such provision, shall be in f~ll. force and' effect, un2il jUly l; .1,Oil at which time such Covenants shall b~' automatically ~.xtended for successive .periods of l0 yea?s', unless by a Vote of a majority of th~ then-owners' 'of the lo~s~ it is then agreed to change th~ covenants, in Whole or in'par't.. Invalidation of. 'any 'of these covenants by j'uSgement or .Cou~t order shall 'in'no 'wise affect any 'of the other provisions Which shall.:remain In full 'fore'e .and effect. .. .Witness our signatur'~s, this 29 day of November~ 19'51 · ' State of Florl~a Helen' C. Dtddel · County of Volusia ' -~' ...... .,~ . · . ' · . . , ;. . /' '~ .:.~.'-. Witness my hand. and 'official seal this 29th da'y f Nove~iber,' 1~51. ~., .~ .. "~... ·.. ~ .~ .it.~ . :. ...... Helen M.i Baker. · j..' "i.' ...',.) My commission expires .sept.. 17~. 1952. " .. Notary .I~bltc ~' 'State of W-Ior. ida' at' ~ . ' .. · "Bonded by American S'~_~ety Co ..... of N'~- Y-';' The above is a. trUe' 'copy recorded December' 3~ 1951. carrie H. Roberts~ R. H. C ....... .-.. · · · .. . . · -.. · · . . . . .· .. · .. N O0o O0 ' O0 "W N O0o O0 ' O0 "~ 218.15' 0.545 AC+/- ., .I SURVEYOR. Z OCA TION R£PORT Lot 9 Woodland Golf Club Section 4. P.B. 2. Page 62 Hamilton Co un ly. In dian a S.E. Cot-. Lot 11. 5/8 "Rebor' Found, Up 0.4', Held 'Mid-States EI'I$1nt t RII'I$· Sheet 1 of 2 550 E. New Yor.k St., Suite 300 Indianapolis, IN 46204 (517) 634-6454 Phone (317) 654 3576 Fax Cuf~off 'T" Post Found 0.2 Below Surface & Held 121-5632 4/03/02 Note: All dimensions are plat unless noted otherwise 1" · 40' G9° Overheod Wires Fence Line N O0°O0'O0'W 218. 15' N O0o 00' O0 "W 1.00, 0.545 AC+/- 32.7' r'" --, SURVEYOR · Z 0 CA ?ION. REPOR ~ Z o t 9 Woo clIan c/ GoIf ¢lu~ Section 4."P,B. 2. Page 62 Hami/ton Co un fy. In dian a $.E. Cot-. Lot 11, 5/8 "Rebar' Found, Up 0.4', Held