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HomeMy WebLinkAboutPacket 02-27-12CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 1 00"3 V FEB 1 7 2012 Petitioner: Steve and Staci Broadwater D(i,I 2. 3. DATED THIS DAY OF 20 Board Member CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 12 ot 000 3 Petitioner: Steve and Staci Broadwater The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The addition of a small amount of stamped decorative concrete into the side 10' setback by 3 feet does not present any health or safety issues and there will be no impact to the adjacent homeowners. There is no drainage that runs through the side of my lot where this is being requested. 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: The inclusion of the small amount of stamped decorative concrete is not visually or structurally obtrusive. The pool project will have a substantial amount of appealing landscape elements. It will be an improvement amenity on the property. 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: The comer of the pool nearest the center of the patio to the home will present egress and ingress challenges if the pool deck were to be set more to the center of the lot. The stamped concrete surrounding the pool has been designed to provide safe and ample walkways around the pool. Therefore this is the most efficient positioning of the pool and concrete surround. 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals day of 20 Conditions of the Board are listed on back. Petitioner or representative to sign CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: 1101 dG O c V Petitioner: Steve and Staci Broadwater 1. 2. 3. DATED THIS DAY OF 20 Board Member CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 12020005 V Petitioner: Steve and Staci Broadwater 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The addition of a small amount of stamped decorative concrete into the rear 15' D &UE by 3.5 feet does not present any health or safety issues and there will be no impact to the adjacent homeowners. There lot is fairly flat throughout the entire easement leading away from the home, so drainage is not a primary concern. There is a sufficient slope beyond the property line and easement to the pond. 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 inclusion of the small amount of stamped decorative concrete is not visually or structurally obtrusive. The pool project will have a substantial amount of appealing landscape elements. It will be an improvement amenity on the property. 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: In order for the pool to be positioned at least 5 feet from the edge of the patios, and have a reasonable minimum width of 18 feet, and also have a sufficient walk around at the end of the pool furthest from the home, there would need to be some concrete into a small portion of the easement. There would be no mechanical or structural pool elements in the easement. This is the most efficient positioning of the pool and concrete surround. 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 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals DECISION day of 20 Conditions of the Board are listed on back. Petitioner or representative to sign. 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 application and subsequent hearings and testimony. STATE OF INDIANA SS: e/11 Br (1 (Property Owner, Attomey, or Power of Attomey) (SEAL) Signed: AFFIDAVIT (Property Owner, Attorney, or Power of Attorney) Date S vc ere adw -h (Please Print) County of 1 {,1" Before me the undersigned, a Notary Public (County in which notarization takes place) for i 1 4 1 C County, State of Indiana, personally appeared (Notary Public's county of residence) day of 20 and acknowledge the execution of the foregoing instrument this Notary Public—Signature T HELEN E. TRIDLE Notary Public Please NOTARY PUBLIC STATE OF INDIANA ry MARION COUNTY 9Y COM" "ISSION EXP. AUG. 26,2017 My commission expires: Page 6 of 11- filename: development standards variance 2011 doc rev 12/282010 CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $291.90 for the first variance, plus $89.90 for each additional section of the ordinance being varied. All Other $1,156.50 for the first variance, plus $546.40 for each additional section of the ordinance being varied. Or, see Hearing Officer Fees. DOCKET NOS j Zc. l C 00 3 v t 2-02. 6100.6" 1/ DATE RECEIVED: 1) Applicant: Steven K. Broadwater Address: 412 Mali Way, Carmel, IN 46032 2) Project Name: Pool Addition Phone: 317 -603 -5819 (cell) Engineer /Architect: N/A Phone: Attorney: N/A Phone: Contact Person: Steve Broadwater Phone: 317 843 -0640 (home) Email: sbroadwater(0 simon.com 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property X_ (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) Record of Ownership: Deed Book No. /Instrument No. Plat Cabinet 3, Instrument 200200081175 Page: Slide No. 75 Purchase date: May 26. 2011 6) Common address of the property involved: 497 Wetherbv Lake Drive Legal description: Lot 23 in REPLAT OF THE WOODS AT WILLIAMS CREEK. a Subdivision in Hamilton County. Indiana as Der reDlat thereof. recorded October 29, 2002 Tax Map Parcel No.: 17 -09 -22 -00-15- 023 -000 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 am requesting a variance to include stamped concrete into the 10' property line side setback and also into the 15' Drainage and Utility Easement that runs across the back of our lot adjacent to the pond (see attached). This will allow for a proper concrete surround for the 20' x 40' sport pool we are looking to install at the new home. A variance is required pursuant to Carmel/Clay Zoning Ordinance 25.01.01 C. 8. The amount of variance being requested on the side setback requirement is a 3' by 30' lengthwise along the 10' property set-back (see attached page 2 of 4 the larger 11x17 plan sheets). The amount of variance being requested on the back Drainage and Utility Easement is a 3.5' lengthwise along the back side of the property line where a 15' Drainage and Utility Easement exists. Both of these would be for 4" stamped concrete only. There would be no pool equipment, piping, limestone coping, or other components integral the operation of the pool. Should the concrete ever need to be removed, it could without any impact the operation of the pool. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance In order to have an appropriate amount of concrete surrounding the pool, and in order to have proper ingress and egress from the lower level of the home to the outdoor decks and the outdoor green space, a variance is needed to have an adequate amount of stamped concrete surrounding the pool (8' on one side and 5' on the back side) to make the pool safe, enjoyable and aesthetically balanced. The pool project will be surrounded with ample high -end landscaping to make the addition a nice enhancement for the entire neighborhood. Further, I do not believe that any of the additions we are looking to place on the property will have any adverse impact (with proper grading by the landscaping company) on drainage. There are no side lot D&UEs on our lot and there is a proper natural slope towards the pond. 9) Present zoning classification of the property: Residential Single Family 10) Size of lot/parcel in question: 0.44 acres 11) Present use of the property: In Process Construction Expected Completion May 2012 12) Describe the proposed use of the property: Primary Residence 13) Is the property: Owner occupied X Effective Mav 2012 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, instrument no., decision rendered and pertinent explanation. None. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number. N/A Work has not yet commenced Builder. Pool Contractor Not Yet Selected. Bidding process underway pending result of this request. 16) If proposed appeal is granted, when will the work commence? We would commence work as soon as a pool permit could be obtained. preferable no later than March 15. 2012. 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? This would be our primary residence, occupied by Steve and Staci Broadwater and three dependent children, ages 14, 12. and 8. 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 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.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Departmen f Commun' a ces. Applicant Signature: Date: PP 9 Date. 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 attomey.