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HomeMy WebLinkAboutApplication HAMILTON COUNTY~ INDIANA - APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST,, FEE: Single Family (Primary Residence) $257.50 for the first variance, plus $77.25 for each additional section of the ordinance being varied. All Other $978.50 for the first variance, plus $463.50 for each additional section of the ordinance being varied. DOCKET NO. '~ DATE RECEIVED: 1) Applicant: Address: il 2) Project Name: 3) Engineer/Architect: Attorney: ~.~. ~IA/~; ~.~, ~cg. ~,11~ Applicant's Status: (Check the appropriate response) i~,j~,~_ (a) The applicant's name is on the deed to the property ~ (b) The applicant is the contract purchaser of the property Phone: Phone: ~ (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./Instrument No. /~.~. o2~ ' ) ~--~'~ Page: Purchase date: ~ ..~'~ Common address of the property involved.: /'J ~ ~'5" Legal description: Tax Map Parcel No.: /~,/.~O,,2 ~OOOOlg 70Oz., 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). Page 1 of 8 -z:~shared~forms~BZA applications~ Development Standards Vadance Application rev. 01/04/2005 sheet entitled "Findings of Fact-Development Standards Variance"). 9) 10) 11) 12) Present zoning of the property (give exact classification): Size of lot/parcel in question: ~ ,~.~ ttct¢ Present use of the property: Of'£/¢~- / Describe the proposed use of the property: acres · 13) 14) Is the property: Owner occupied Renter occupied Other 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: NO Builder: 16) If proposed appeal is granted, when will the work commence? 17) NOTE: If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? 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) Page 2 of 8 - z:~share~forms\BZA applications\ Development Standards Variance Application rev. 01/04/2005 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. Signed: ~ L / '~ ~atOf (Prol~y Owner, Atto'~ey, or Power of Attorney) (Please Pnnt) County of STATE OF INDIANA SS: (County in which notarization takes place) Before me the undersigned, a Notary Public for (Notary"Public's county of residence) County, State of Indiana, personally appeared ~r, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this Page 4 of 8 - z:~shared~fon'ns\BZA applications\ Development Standards Variance Application rev, 01104/2005 APPLICATION FOR A DEVELOPMENT STANDARDS VARIANCE -- INSTRUCTION SHEET Allow plenty of time for the Department of Community Services (DOCS) staff review and Board of Zoning Appeals (BZA) approval Process (approximately 45-60 days). Discuss proposed Variance with the DOCS staff (please call for an appointment; 571-2417, Th/rd Floor, Carmel City Hall, 1 Civic Square, Carmel). 2. INFORMATION NEEDED for formal DOCS staff and BZA review: b. C. d. Need the original and one copy of the completed variance application (available from the Office of DOCS), with legal description(s) attached. Need two (2) copies of location map showing location of site in question, zoning, and existing land use of all adjacent properties. Need two (2) copies of all plans drawn to scale with all dimensions and depicting all existing and proposed structures, elevations, landscaping, drainage, lighting, signage, and any other supporting documentation to fully understand the proposal. Need two (2) copies (one with each application form) of adjacent property owners certified by the Hamilton County Auditors Office. . The above referenced information must be submitted to the DOCS at least forty-five (45) days prior to hearing date. Within ten (10) days, the application will be reviewed by staff and a letter outlining the deficiencies will be mailed to the petitioner or a docket number will be assigned (a docket number will not be assigned until all deficiencies are addressed). 4. After final review the petitioner will need to pay the required filling fee at which time the docket number will be released. , At this time, the Notice of Public Hearing must be mailed to all adjacent property owners and published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public hearing date. . At least ten (10) days prior to the hearing, the petitioner must submit their proof of publicatious, proof of adjacent property owners notice, a completed Petitioner's Affidavit of Notice of Public Hearing, and the Board member's packets to the DOCS (a minimum of nine (9) packets are needed). The following is the order and list of items that should be included in the each Board Member's packet: 1-Finding of Facts (ballot sheet) 2-Finding of Facts (question sheet) 3-Statement of Variance 4-Statement of Support 5-Location Map 6-Reductions of all plans (site, drainage, landscaping, signage, lighting, etc...) and elevations The property owner, property owner's Attomey, or someone with the property owner's Power of Attorney must be present at the Carmel/Clay Board of Zoning Appeals Public Hearing. A presentation must be given at the public hearing. This should include some type of display or exhibit, an overhead transparencY projector and laser pointer will be available the night of the hearing. Generally, variance applications are acted upon by the Board in one meeting. However, the Board at its discretion at any time may table an item 10. The Board of Zoning Appeals meets the fourth Monday of each month at 7:00 p.m. in the City Council Chambers, 2nd floor of City Hall, 1 Civic Square, Carmel, Indiana. Z:\docs\sharedkformskinstrdev.std Revised 01/04/05 CARMEL, INDIANA Docket No.: Petitioner: 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: I ' ! I 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 day of ,20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 -z:~shared\forms\BZA applications\ Development Standards Variance Application rev. 01/0412005 Docket No.: Petitioner: Carmel, Indiana , FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF ,20 Board Member Page 7 of 8 - z:~shared~forms~BZA applications\ Development Standards Variance Application rev, 01/04/2005 Legal Description: Parcel_ _._ I Part of the Northwest Quarter and part of thc Northeast Quarter of Section 2, Township 17 North, Range 3 East in Harn[l'mn County, Indiana, being more particularly described as follows: Commencing at thc Northeast comer of. thc said Northwest Quarter Section; thence South 85 degrees 36 minutes 14.seconds West along the North line of'the said Northwest Quarter Section 381.82 feet; thence South 00 degrees 09 minutes 52 seconds East 165.00 feet; thence South 88 degrees 36 minutes 14 seconds West 110.44 feet to the East limited access right-of-way line of U.S. 31 (as per Indiana State Highway Plan's Project St. F-222 (9) dated 1973); thence South 00 degrees 09 minutes 52 seconds East, along said East limited access fight-of-way line, 650.07 feet to the be~nning point; thence South 89 degrees 37 minutes 52 seconds East 250.44 feet; thence South 00 degrees 22 minutes 08 seconds Wes'~, parallel with the East line of said Northwest Quarter section, 123.75 feet; thence South 89 degrees 37 minutes 52 seconds East 55.00 feet; thence South 00 degrees 22 minutes 08 seconds West, parall.eI with the said East line, 256.00 feet; thence South 89 degrees 37 minutes 52 seconds East 190.00 feet; thence North 00 degrees 22 minutes 08 seconds East, parallel with the said East line 182.00 feet; thence South 89 degrees 37 minutes 52 seconds East 58.78 feet; thence South 00 degrees 22 minutes 08 seconds West, parallel with the West line of the said Northeast Quarter Section 246.00 feet; thence North 89 degrees 37 minutes 52 seconds West 104.78 feet; thence South 00 degrees 22 minutes 08 seconds West, parallel with the East line of the said Northwest Quarter Section 30.00 feet; thence North 89 degrees 37 minutes 52 seconds West 445.03 feet to the said East limited access right-of-way line of U.S. 31; thence North 00 degrees 09 minutes 52 seconds West, along aid East limited access right-of-way line 473.77 feet to the Beginning Point. EXCEPTING THEREFROM: A part of the Northeast Quarter of Section 2, Tov,~ship 17 North, Range 3 East, Hamilton County, Indiana, being that part of the land described in Deed Instnm'~ent/$84-6744, as recorded in the Office of the Recorder of Hamilton County, Indiana, lying within the proposed fight of way depicted on the Right-of-Way Parcel Plat of Parcel 111-3W of thc City of Cannel Project 97-04, described as follows: Commencing at the northwest comer of said quarter section; thence South 1 degree 30 n-dnutes 31 seconds West 1,027-95 feet along the west line of sa/d quarter section to the prolonged north line of the owner's land; thence South 88 degrees 29 minutes 29 seconds East 69.78 feet along sa/d prolonged north line and along the north line of the owner's land to the northeast corner of the owner's land and the point of begi~ming of this description; thence south l degree 30 minutes 31 seconds West 246.00 feet along the east line of the owner's land to the southeast comer of the owner's land; thence North 88 degrees 29 minutes 29 seconds West 25.34 feet along the south line of the Owner's land; thence North 90.54 feet along an arc to the left and having a radius of 3,774.72 feet and subtended by a long chord having a bearing of North 2 degrees 12 minutes 25 seconds East and a length Of 90.54 feet to the point designated as point "94" on said Right-of- Way Parcel Plat; thence North 1 degree 31 minutes I 1 seconds East 155.47 feet to the north line of the owner's land; thence south 88 degrees 29 minutes 29 seconds East 24.21 feet along said north 1/ne to the point of beginning. Parcel 2 A non-exclusive easement for ingress/md egress for roadway, pedestrian, underground utility., and similar right-of-way purposes for the benefit of Parcel 1 as set forth in Cross-Easement Agreement recorded September 13, 1983, in Easement Record 1, page 356, in the Office of the Recorder of Hamilton County, Indiana~ Parcel 3 Easements set out in Permmark Plaza Second Amended and Restated Coordinated Development Agreement dated December 22, 1986, and recorded December 29, 1986, in Miscellaneous Record 190, page 109, in the Office of the Recorder of Hamilton County, Indiana. End of Legal Description ©© existing Sign is 10 ft. length X 2 ft. tall This option is 9 fL length, 4 fL tall 10 ft. horizontal · 4ft. ht. overall. LANDLORD APPROVED: Retum with approval or changes plea[ DATE: LIGHTING Type of Fixture: Height of Fixture: No. of Fixtures: Additional Lighting: * Plans to be submitted showing Footcandle spreads atproperty lines per the ordinance. No. of Signs: Location(s): ,~.¢~;~ 7.~, Dimensions of each sign: Square Footage of each sign: ~ 4l} Total Height of each sign: SIGNAGE Type of Signs: ~/~6~'~ d~/¢'.~ (2- LANDSCAPING * Plans to be submitted showingplant types, sizes, and locations I the undersigned, to the best of my knowledge and belief, submit the above information as true and correct. Signamreof ~~ Applicant: Title: ¢w~.t~ c~_c~ ~.~ (elint) State of Indiana, SS: County of Before me the undersigned, a Notary Public for ~ ~--L(Z~k~ County, State of Indiana, personally appeared~___~~-_CI.----~¢4~ and acknowledged the execution of the foregoing instrument thins [ '~t'-r'''/ day of (~J-~ , ' ' -¥II1111 Illlllt Notary Public ,¢~.~:.:,.. · ..... %~x, --'_ ~ SEAL .= % ~:.. ~UBL~~'' '""~t~ OF %I tlt!ltllll%ll~¢