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HomeMy WebLinkAboutPacket '7 Docket No.: 0409002~V 11535 Creekside Ln E, Carmel---Fence Variance Applicants' Jason A. Plake and Erin T. Rhodes Views of the approx, eight (8) fi fence under construction showing the approximate four (4) feet difference between the property level and street level. With such a difference in elevation between the property level and street level, a six (6) fi privacy fence would not provide any privacy. NOTES: The purpose of this fence is to provide privacy and noise reduction from 116th street, as to allow more use and enjoyment of the property. There are wonderful shaded areas, tree-lined walkways and other potentially serene areas that could not be enjoyed as much without the privacy screen from 116th street, and with such a steep ditch, the fence needed to be approximately eight (8) feet in height to provided such privacy. We were not informed of the ten (10) fi. buffer until after the fence was complete. In fact, Carmel code inspector Kevin Brennan inspected the fence at approx. 25% completion and gave us approval to complete the project. The fence is six and a half (6 ½) fi from the property line, being only 3½ fi into the buffer zone. It is our understanding that if the fence were built 10 fi inside the property, that a fence up to nine (9) fi tall would have been allowed. We moved to Carmel for the sole purpose of enjoying the beautiful wooded lot, but without privacy, the noise and lack of privacy from the very busy l l6th street greatly reduces the enjoyment and functionality of the best areas of the property. View of area inside of fence. 11535 Creekside Ln E, Carmel---Fence Variance View from center of 116th Street, looking East, showing 6 ft fence on left and approx. 8 ft fence on right. View of fence in question from across the street, with oncoming traffic for height perspective. · View of 6 ft fence fi'om across the street, with oncoming traffic for height perspective. View of fence in question, showing property level compared to street level. View of fence in question from across the street. 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 $450.00 for each additional section of the ordinance being varied. DOCKET NO. ("'~L~ 'O q CA C"~ ~l ~ V DATE RECEIVED: 1) 2) Applicant:' Address: ~ ~ Project Name: Phone: E n gin ee r/Arch itect:. Phone: 3) Attorney: Applicant's Status: (Check the appropriate response) -~' (a) The applicant's name is on the deed to the property Phone: (b) The applicant is the contract purchaser of the property (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved' Owner's address: Phone: 5) 6) Record of Ownership: Deed Book No~t;'ument N----~. _,~0(')~ 0c') Page: I 'I Purchase date: Common address of the property involved: ~ ~ ~o.,~ Tax Map Parcel No.' 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). i Page 1 of 8 - z:~shared~forms~BZA application$~ Development Standards Variance Application rev. 01/05/2004 8) 9) 10). 11) 12) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance")'. Present zoning of the property (give exact classification): Size of lot/parcel in question' \ ~ r~ Present use of the property: ~ ~,-~_ ~..~ Describe the proposed use of the property:. acres 13) Is the property: Owner occupied 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: IX_) jt~. '- ~-.~,,! C_~_ . ~6) 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 !ndianapolis Star a MANDATORY twenty-five (25) days pdor 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 ali 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:Lshare~forms~BZA applicafions~, Development Standards Variance Application rev. 01/05/2004 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 assigned until all supporting information has been submitted to the Department of Community Services. - The applicant certifies by signing this application that he/she has been advised that all representations of the Depart'~he.nt'of Community Se.rvices are advisorY only and that the applicant should rely on appropri'ate 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 · ~,uditor of Hamilton County, Indiana--Signature Date Page 3 of 8 - z:~shared~forms~BZA applications~ Development Standards Vadance Application rev. 01/05/2004 MIBOR One Line Tax Listings Total number of properties found' 26 Click on the Property ID Number to view one property: Property ID Owner Q.[_~ _1614040101001000 i.~ 1__614040101002000 Trippe, Stephen R ~ 1614040101003000 Ross, Robert S i~ 1614040101004000 O OlO O%OOO ~ 1614040101006000 ~ 1614040101007000 .,~ 1614040101008000 [~] 1614040101_009000 . Kern, Leachia & Jay 10 ~ 1614040101010000 11 .J.~ - 1614040101011000 12 ir--1 1614040101012000 13 [~ 1614040101013000 14 t~ 1614040101014000 15 ~ 1614040101015000 16 ~ 1614040101016000 17 [~ 1614040101017000 18 r'-] 1614040101017001 20 ~ 1614040101019000 E:::] e 4o o o o oooo 22 lr--] 16i4040101021000 23 ~ 1614040101022000 I-I 26 t--i 1614040101025000 King, Roger S & Robin L Levin, Ronald V & Jeanne R Capehart, Craig E Correll, William M & Kathleen H Khanna, Subhash C & Inder M Spenard, Albert W & Catherine M Property Address 11529 Creekside Ln E Carmel IN 46033 11523 Creekside Ln E Carmel IN 46033 11511 Creekside Ln E Carmel IN 46033 11518 creekside Ln E Carmel IN 46033 11526 Creekside Ln E Carmel IN 46033 11532 Creekside Ln E Carmel IN 46033 11538 Creekside Ln E Carmel IN 46033 11546 Creekside Ln E Carmel IN 46033 11552 Creekside Ln E Carmel IN 46033 County 'Total Assessed Value HAMILTON $126,500 HAMILTON $118,800 HAMILTON $126,000 HAMILTON $137,100 HAMILTON $125,700 HAMILTON $125,200 HAMILTON $123,300 HAMILTON $119,200 HAMILTON $124,400 Logan, Rian J 11558 Creekside Ln E Carmel IN 46033 HAMILTON $129,600 11564 Creekside Ln E Carmel IN 46033 11570 Creekside Ln E Carmel IN 46033 11576 Creekside Ln E Carmel IN 46033 11582 Creekside Ln E Carmel IN 46033 11588 Creekside Ln E Carmel IN 46033 Hart, Gary M Wang, Yuying Kindig, Sherilyn C Beattie, Stephen D & Barbara C Goodman, Curtis R & Sheila R BlaCkthorn, David W & Sandra Lynn White Chapel Church Ackison, Ralph S & Juli A 11594 Creekside Ln E Carmel IN 46033 11591 Creekside Ln E Carmel IN 46033 11591 Creekside Ln E Carmel IN 46033 HAMILTON $120,400 HAMILTON $130,700 HAMILTON $130,100 HAMILTON $135,600 HAMILTON $116,800 HAMILTON . $114,700 HAMILTON $0 HAMILTON $126,900 Clary, Suzy B 11585 Creekside Ln E Carmel IN 46033 HAMILTON $108,700 Snow, Amy Lynne Kunce, Carol B Gray, Anthony R 11573 Creekside Ln E Carmel IN 46033 11567 Creekside Ln E Carmel IN 46033 11555 Creekside Ln E Carmel IN 46033 11549 Creekside Ln E carmel IN 46033 11543 Creekside Ln E Carmel IN 46033 11541 Creekside Ln E Carmel IN 46033 11535 Creekside Ln E Carmel IN 46033 Windle, Shar E Shaw, Terry R & Susan L Walsh, William P & Rita M Plake, Jason & Edn T Rhodes JtJRs HAMILTON $110,500 HAMILTON $117,100 HAMILTON $138,100 HAMILTON $1.25,700 HAMILTON $109,600 HAMILTON $117,500 HAMILTON $132,400 [ Check All Listings , ][ Narrow ] [ Revi~eSearch. ][ FUll Report ] [' Mailing Labels ~ ] Your initial search cdteda was: tips_code in (18057) AND (PropStreetNum_lNT>=11500 AND PropStreetNum_lNT<=11600) AND (PropStreetName Like 'creekside%' ) AND (PropZipCode_lNT>=46033 AND PropZipCode_lNT<=46033) Search Date: Fri, Sep 10, 2004 11:39 AM ~/[a1'l~et[zjD. X · ~ Software Copyright © Interactive Data Development, Inc. 1997-2004 All Rights Reserved © 2003-2004, Metropolitan Indianapolis Board of REALTORS® Support:h__e_lpdesk~_~mibor. com Information deemed reliable but not guaranteed http ://property linx. corn/Tax/S cr... 9/10/2004 11:43:29 AM AFFIDAVIT I, hereby swear that i am the owner/contract purchaser of property'involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best. of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to, this...ap, plication and subsequent hearings and testimony. .:...: .~ :. .. ~~)~ OWne~, Attorn'~, o~'Po~wer of Attorney) Date (Please Print) STATE OF INDIANA . SS: Coun. ty of (C~)unty in which notarization takes place) Before me the undersigned, a Notary Public · (Notary Public's county of residence) (Property Owner, Attorney,-or Power of Attorney) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this (SEAL) N ot'a ry'Pobl i~-':Sig na tu re 'Notary Public-151ease Print My commission expires: · . [c Douc coo x,,~,~,,! ~u~[ic, State of Indiana Page 4 of 8 - z:~..~haredVorms~,7_A applicafions~ Development Standards Variance Application rev. 01/05/2004 .. , SURVEYOR LOCATION REPORT THIS REPORT IS DESIGNED FOR U$:E BY A TITLE INSURANCE COMPANY WITH RESIDENT]AL LOAN POI. ICIES. NC) CORNER MARK. ERS'WERE SET AND THE LOCATION .DATA HEREIN IS BASED ON LIMITED ACCURACY MEASUREMENTS, THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES. · This is to certify that the subject property does X does not lie within that Special Flood Hazard A;ea Zor, e "A" The accuracy Is subject to inap $cale-uncertatinty .and to any other uncertainty in location o¢ elevation on Cort[munity Panel Nl~mber _ .. / 1' o.~?.~.-, o 2 z -f 7:= of the I=lood Ir3suranCe :Rate Maps, effective date ;z /; ~ ! u.~..._. .PROPERTY ADDRESS: 11535 Creet~slde Lane PROPERTY DESCRIPTION' Lot 9 In WOO0 CREEK SECTION I the plat of which Is recorded In Plat Book 7, Pages ,5-6, In the Offloe of the Recorder of Hamilton County, Indiana. S, R/W Line 116 h 1/2 R t31.08' 85,97' inlnlnllllnnllnlnlnlnnnlnlnllnlnnllnnnlnlnmnllnlnnnlnllunlnlnnllnllnnnllln So~3e: t"=, .r)O' ' · . $l~ed · Lot 9 ....... Fence TITLE COMPANY: .EANDMARK TITLE COMPANY, INC. LENDER: ABN AMRO MORTGAGE GROUP, INC. I he~'eby. (certify to the parties named above tha~ the real estate described I~eretn was Inspected under my supervision on the date indicated and that to the bes! olr my knowledge, this report conforms with 'the reclui~ernen~s contail~ed iml Sections 27 through ;29 of 865 IAAC 1-1-12 Iror a SURVEYOR LOCATION REPORT. BORROWERS(S)' Jason P~ake & Erin '1'. Rhodes 'NOTE: This report is not intended Io represe~t a survey, nor is it Intended to b= used by, a~d...'or benefit., the · SURVEYOR LOCATION REPORT THiS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES. NO CORNER MARKERS WERE SET AND THE LOCATION DATA HEREIN IS BASED'ON LIMITED ACCURACY MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF' NEW IMPROVEMENTS OR FENCES. This is to certify that the subject property does )~ does not ~ lie within that Special Flood Hazard Area Zone "A" The accuracy is subject to ~ap scale uncertainty--~nd to any other uncertainty in location or elevation on Community Panel Number IgO~'7.¢_... o.z . ~ of the Flood Insurance Rate Maps, effective date -x [.I,~i' [o.~ . . .PROPERTY ADDRESS' 11535 Creekside Lane ' PROPERTY DESCRIPTION' Lot 9 in WOOD CREEK SECTION I the plat of which is recorded in Plat Book 7, Pages 5-6, in the Office of the Recorder of Hamilton County, Indiana. Scale: 1"=~ 50' Note: Shed w/ no found. past rear bldg. line 8'+ / / S,, R/W Line 11-6th St (45' 131.08' 10' Buffer Strip Lot 9 potio scr. por. TITLE COMPANY' LANDMARK TITLE COMPANY, INC. LENDER' ABN AMRO MORTGAGE GROUP,. INC. I hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date indicated and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29 of 865 IAAC 1-1-12 for a SURVEYOR LOCATION REPORT. BORROWERS(S)· Jason Plake & Erin T. Rhodes 2:5 \ \ 23 22 ~0.00' LITY 'IOTED. , ITY NOTED. EAST I ~ 89'2__,8150 '~ ~ ZOS. 02, ' 116 th STREET 21 2 19/ 17 0 ~16~ plat is true and correct.and r, epresents a part of the Range u, East in !tam il ton County. ladiana, being more FL COOL CREEK ,est Quainter Section thence South O0 degrees 17 minutes u, 2 seconds East along the East line of the said.-Northwest rcuarter Section seconds Wes[ 197.01 feet' thence ,North 35 degrees 3'0 minutes O0 seconds West 222.00 feet' thence North'-09 degrees '00 minutes O0 ) minutes O0,.seconds West 150.00 feet' thence SOuth 81 degrees 30 minutes O0 seconds Vtest 300.00 feet' thence North 21 degrees 30 degrees 30 m~inutes O0 seconds West 70.00 feet' tt'ence South 76 degrees 30 m.inutes O0 seconds l';est 150.00 feet.' thence North 72 ice North 80' degrees O0 minutes O0 seconds West 180.00 E~+. th .... u...+~ ,,c ~ ......... " ""--"I ~o..~. ::31 ' -I~I.C~' ..... lO t-') · %. 13 The undersigned, Occidental Realty Company by Robert A.a~froymson, vice President, and Virginia 14. Peters, Secretary, owner of the real estate described in the plat "Wood C~.eek, Section hereby lay-off plat and subdivide the same in accordance with the foregoing plat of Wood Creek Section I, This subdivision shall be known and designated as?Wood ~reek, Section I , do PROTECTIVE COVENANTS I.' The streets, if not her.etofote dedFcated, are hereby dedicated to public use. 2. There are strips of ground of width .as shown on this'plat which are hereby reserved for use of public utilities for installation and maintenance of poles, wires, mains, ducts, drains, and sewers subject at a11 times to the authority of the proper Civil Officers and to the easements herein reserved. No permanent or other structure shall be erected or maintained on 'said strips but such owners shall take their titles' subject to the rights of such public utilities. · 3. All lots in this subdivision shall be known and designated as. residential lots.. No structure shall be erected, altered, placed or permitted t'o remain on any lot herein other than one single dwelling. ~. No hotel', boarding house, mercantile building, factory bui,lding or buildings of any kind of commercial use shallbe erected or maintained on any lot in this.subdivision~ 5. No trailer, shacks, or.out houses of a permanent nature shall be erected or situated on any lot except during the period of construction of a proper structure and for the use by the builder for his material and tool). 6. Building lines as Shown on the. ~lat i~ feet back from the' street property line are hereby established between which line and the street property line there shall be erected or maintamned no building structure of any kind or part thereof. 7, No residence .{hall be erected or maintained on any lot or lots in this subdivision having a ground floor area exclusive of open porches and garaged .&f less than 900 square feet-in'the case of a. one storT structure or 720 square feet in case of a higher structure. . . 8. There are strips of ground as shown' on the within plat marked. "Drainage Easements" and/or "Utility Easements" which are hereby reserved for the use of ,publ'ic utility companies, not including transportation co~pan'ies, for.t'h.e installation and maintenance of mains, ducts, poles, lines, wires, sewers and drains subject, at all times, to the authority of the Town of Carmel. Indiana. a~d to the easements herein .reserved. No permanent or other structures shall be erected or maintained on said strips. The owners of such lots in Lhis Addition,' however, shall take their title subject'~to the rights' of the public utilities and to those of the owners of said lots in this Addition to said Easement here~n gr~h~ted for ngress .and egress, in, along,and through the ~ strips so reserved.. ' ' 9, No noxious t~ade or a¢~lv~,~ o,a]! be carried on upon any ]et in this subdivision, nor shall anything be done'herein which may-become an annoyance or a nuisance to the neighborhood at large. !0. If the parties hereto or any of the~ or their heirs or assigns sha]l violate or attempt, to viola're'any'of the covenants, restrictions, prouisions or conditions herein, i{' shall be lawful for any person owning real estate i-n this subdivision to prosecute day proceedings at law or in equity against the person or persons violating or attempting to violate any such covenan'ts and td prevent him or them from doi'ng so or ~o recove.r damage or other dues for such violation. II. NO fence~ s'hall be erected in this subdivision between the front building lines and the property ii, nBs of the streets as shown on the within plat. Also no fences shall' be erected 'i'n the area marked "F. lood Plain". 12. In' the event storm water dKainage from any lot or, lots f]ows across another lot, provision shall be made to permit such drainage to continue, without restriction or reduction, across ithe downstream 16t and into the natural drainage chan:ne) or course, even-though no specific drainage easement for such flow of water is provide~ on said plat. 13. The ~cregoing covenants (or restrictions) are to run with the land and shall be binding ~n all parties and all persons claiming under them for a period of 25 years from the date of th~s plat, at which time said covenants (or restrictions), shall be automatically extended for su'ccessive periods of ten (10) years unless changed by vote of a-majorit.y of the then owners of the bui)din,gs covered by these covenants Ior restrictionsI· in whple or. n part. ,nvai,dation of any one of the foregoi.lng covenants'( ..... trict OhS)by judgment or cou.rt order s~all in.no ~a.y .affect any of the other covenants or reS't, rict'iens which sha].l red, din in ful) force and effect. Iq. There shall be a six (6) foot drainage and utility' easement on eachside lot line unless otherwise noted'. 15. There shall be no means of vehicular ingress or egress to the rea lots backed up to 116th Street. WITNESS MY'SIGNA~'URE Thi.s~'~&'J'~ day of 1977 / COiUN!T~ OF /~/~(0~1~ foregoing instrument as its voluntary act and deed. for ."~ the use and purpose therein expressed. ..~ ~: ess my signature and notarial seal this~fday of ~O~~ 1977. ~ /~..~.~..~o My Commission expires ,~. · , . B'efore me,a Notary Pub1 ic in and for sa d County and State pers.onal)yappeared Occidentiai Realty Company by Robert A. ' Efro~rnson and Vi rgi nia M. Peters, vice president ond secretory respectively, end.ocknowledged the OCCID'ENTIAL'REALTY C014PANY · ROBERT~ A.\E,F.ROYMSON Vice Pres ident Secretary PUBIISHER'S AFFIDAVIT 80000-3 82 } 3 State of Indiana SS: MARION County Subscribed and sworn to before-me on' 1' Personally appeared before me, a notary public in and for said county and state, the undersigned Karen Mullins who, being duly sworn, says that SHE is clerk of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation ' printed and published in the English language in the cify of INDIANAPOLIS in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly, published in said paper for ! time(s), between the dates off 11/29/2004 and 11/29/2004 . -. . ~04 Clerk Title Form 65-REV 1-88 My commission expires:_ STATE PRESCRIBED FORMULA 7.83 PICA COLUMN- 94 POINT 94 POINTS / 5.7 PT. TYPE- 16.49 16'.49 EMS / 250- .06596 SQUARES .06596 SQUARES x $5.14- .339 CENTS'PER LINE Notary Public "OFFICIAL SEAL" Brenda R. Turk My Commission Exp. 05/06/2011 RATE PER LINE-- PUBLISHED 1' TIME .339 .PUBLIS~D 2 TIMES= .509 PUBLISHED'3 TIMES= .679 PUBLISHED 4 TIMES= .848 ., ..