HomeMy WebLinkAboutPacket 02-27-12CITY OF CARMEL BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each additional section of the ordinance
being varied. All Other $1,177 for the first variance, plus $556 for each additional section of the ordinance being varied.
Or, see Hearing Officer Option Fees.
DOCKET NO. 12020001 V DATE RECEIVED: 2 -6 -2012
1) Applicant: Carmel DOCS for Melrav Properties, LLC Richard Hebegger)
Address: 16415 N. Gray Rd, Noblesville, IN 46062
2) Project Name: 440 18t Ave NE CARPORT Phone: 677 -3030
Engineer /Architect: Phone:
Attorney: Phone:
Contact Person: Angie Conn, DOCS Phone: 571 -2417 Email: aconn @carmel.in.gov
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) O *her.
4) f Item 3) (c) is checked, pease comp ete' following:
Owner of the property'nvolved•
Owner's address: Phone:
5) Record of Ownership:
Deed Book No. /Instrument No.
Page: Purchase date:
6) Common address of the property involved 440 1 Ave NE
Legal description: D WILKINSON'S ADDT'N, LOTS 17 -18 PART
Tax Map Parcel No.: 1610300501015000
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).
ZO Chapter 23D.03.C.3 setbacks. Carport setback does not meet the average or dominant building
setback on the block. This carport was approved as an oversight on the Planning/Zoning Dept's part
with review of the SDR application; there was also an oversight on the Building Permits Dept's part,
when issuing the building permits.
8; State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled 'Findings of Fact-Development Standards Variance The carport is a trellis -like design with a
roof, and its color will match the newly remodeled building color. This site is zoned R -4 residential for
multifamily. It is unique in that everything around is it either a single family home or a duplex.
9 Present zoning classification of the property: R- 4/Residence, within the Old Town Overlay Character
Subarea.
10) Size of lot/parcel in question: 0.3 acres (or 13,198 sq. ft.)
11) Present use of the property: Multi family apartment building.
12) Describe the proposed use of the property: Multi family apartment building with Carport.
13) Is the property: Owner occupied Renter occupied X 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, instrument no., decision rendered and pertinent explanation.
15) Has work for which this application is being filed already started'? If answer is yes give detai's:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence? ASAP
17) If the proposed variance is granted, who will operate and /or use the proposed 'mprovement for which this
application has been filed?
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'nspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners 's also MANDATORY two methods of notice are
recommended:
1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjaning 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 show:: be kept for verification that '-e ;notice was
completed.)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIB LITY OF THE APPL'CANT_
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature: Angie Conn. DOCS Date: 2 -6 -2012
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.
3. New Construction.
The following guidelines apply to all new buildings built within the boundaries of the Character Sub
Area.
a. Building Mass.
i. Buildings are to be oriented parallel and perpendicular to the street.
ii. Buildings will generally be longer than they are wide, with the narrow dimension
facing the street. Building widths may not exceed forty -five (45) feet, except where
the lot is greater than eighty (80) feet in width, in which case the building may be up
fifty-five (55) feet wide.
Setbacks.
i. New buildings must follow the dominant or average front yard Setback dimension of
existing buildings on the same block and on the same side of the street, with a
variation of up to three (3) feet allowed (See Figure 2a).
ii. Additions, except for open -air porches, may not be added to the front of the building
except where the building is set back more than twenty (20) feet from the Setback
line of its nearest two neighbors (See Figure 2b).
iii. A Corner Lot for a residential use is presumed to have a Front Yard Setback on both
streets that it faces. For a non residential use, the Front Yard shall be Range Line
Road (if the property is located on Range Line Road) or the street with the greatest
traffic.
iv. Side and Rear Yard Setbacks shall be a minimum of five (5) feet from the property
line.
c. Lot Dimensions and Coverage.
i. Existing lot dimensions as originally platted shall be acceptable.
ii. Minimum lot width.
(a) Single- family Residential: Fifty (50) feet.
(b) All Other Uses: Sixty (60) feet.
iii. Maximum Lot Coverage.
(a) Single- family Residential: Forty -five (45 of the area of the Lot.
(b) All Other Uses: Seventy percent (70 %o) of the area of the Lot.
No lot may be created by Subdivision or by Joining which results in a width of
eater than ninety (90) feet.
Gar
CITY OF CARMEL ZONING OROMANCE
i. All new garages must be either:
(a) Detached buildings that are sited at least five (5) feet behind t'"e Principal
Building, or
(b) Attached to the Principa Building so that the front face of ':he garage is at
least fifteen (15) feet further from the Front Lot Line than the primary front
line of the Principal Building. New attached garages on Corner Lots should
be oriented to the side street, rather than to Range Line Road.
ii. New detached or attached garages and other Accessory Buildings should use exterior
materials similar to the Principal Building.
iii. Covered walkways attaching the garage to the Principal Building are allowed.
Chapter 23D: Old Town District Overlay Zone
23D -16
as adopted per Z- 374 -02; As amended per Z_- 453 -04; Z- 523 -08; Z- 545 -10; Z- 552 -11
Autumn 2011 v
Docket No.: 12020001 V Carport
Petitioner: Melrav Properties, LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
This carport was approved as an oversight on DOCS' part with review of the SDR application building
permits. Part of the main building remodel was conversion of a garage into an apartment unit. The
carport will be architecturally compatible with the existing building, as far as materials and colors qo.
2. 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:
This carport was approved as an oversight on DOCS' part with review of the SDR application building
permits. Part of the main building remodel was conversion of a garage into an apartment unit. The carport
will be architecturally compatible with the existing building, as far as materials and colors qo.
3. 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:
This carport was approved as an oversight on DOCS' part with review of the SDR application building
permits. Removal of the carport structure/beams and concrete footers will cost the property owner
thousands of dollars. Part of the main building remodel was conversion of a garage into an apartment
unit. A covered area is an amenity for parking a car.
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 12020001 V is granted /denied, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part hereof.
Adopted this
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
DECISION
day of 2012.
Conditions of the Board are ised on back. Petitioner or representative to sign.
Page 10 filename: development standards vanance 2012.doc rev. 12/28(2011