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Home My WebLink AboutApplication . . CITY OF CARMEL. CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARDOFZONING APPEALS ACTION w.G.-k€;" S?\~t~ 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. DEVELOPMENT STANDARDS VARIANCE REQUEST DOCKET NO. 0'20"10b2&J V ~ ~01--0 S DATE RECEIVED: 1) ApplicantGuilford RealEstate Partners. LLC Address: 40 South Guilford Road. Carmel. Indiana 46032 2) Guilford Road Condominiums Phone: (317) 581-5355 Phone: (317) 251-1738 Phone: (317) 639-6151 Project Name: Engineer/Architect: Rooer Ward Enoineerino. Inc. Attorney: Mark T. Monroe 3) Applicant's Status: (Check the appropriate response) X (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: 5) Record of Ownership: Deed Book No./lnstrument No. 2001-40276 Page: Purchase date: 6) Common addresses of the property involved: One property South of the Southwest corner of Main Street and GuilfordRoad Legal <:Iescription: Please see attached leQal description Tax MapParcel NO's.: 16-09-25-03-01-010.000; 16-09-25-03-01-011.000; 16-09-25-03-01-008.000 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). A) Petitioner requests a variance of Section 20G.05.02(C)(1) of the Carmel Zoninq Ordinance that requires 75% of the buildinos in a multi-familv project must face a public street. Page 1 of 9~z:\shared\forms\BZA applications\ Development Standards Variance ApplicaUon rev. 01/0412005 ~:- EI) Petitioner requests a varia of Section 20G.05.02(D)(2) of the carmttonin8 Ordinance that requires buildinQS with contin~ousfacades that are 60 feet or oreater in width to be desioned with vertical offsets (projectino or recessed)not less than 4 feet deep at intervals of not qreaterthan 50 feet. 8) State Teasons supporting the Development Standar<:ls Variance: (Additionally, complete the attached question sheetentitled "Findings of Fact-Development Stan<:lards Variance"). A) The.limit~dfr()ntaqearea of the site. combined with maximum heiqht rules. would result in only a small fraction of the site beino developed. B) The proJ)osed buildinqs will have wi.~dow bays that offset approximately 2.7 feet from the buildinq instead of the required 4 feet. . The lesser offset is more aesthetically harmonious to the proposed buildino and architecture of the surroundinq properties than would be an offset that protrudes 4 feet. 9) Presentzoning ofthe property (give exact classification): Old Meridian / Multi-Family Housino Zone (OM/MF) 10) Size of lot/parcel in question: 2.15 1) Present use of the property: vacant 12) Desc;ribethe proposed use of the property: Residential condominiums 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 woul<:l relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. None that Owner is aware of. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? As soon as possible. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Guilford Real Estate Partners. LLC and all subsequent owners. tenants. assiqnees and heirs. NOTE: LEGAL NOTICE shallCbepublished in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit forthe newspaper must be available for inspection the night of the hearing. LEG,A.LNOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - R.I:;TURN 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.) rev. 01104/2005 . AFFIDAVIT . for the applicant and owner involved in this/application and that the foregoing herein contained and the information herewith submitted are in all respects true and and belief. Signed: ~ c.('.'bt4P"*e~ Mark T. Monroe Date '7" 3-(" - f7 If: STATE OF INDIANA SS: County of ~ncV1/hJ (County in which notarization takes place) Before me the undersigned, a Notary Public for ~) (NotaryP9blic's county of residence) County, State of Indiana, personally appeared Cp-~jic7: ~~?.hA-,P /. (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this c2/bg dayof 9/~ ,20 O'S (SEAL) 0~Zdff~J 0 t1~vn.?VL/' Notary Pub i --Signature Norma Jean O'Connor,NotaryPublic NIQ!iIJ1i1)'lfDIRBSRJ&iIiI.QJ'!,.,Eiribl'l My Commission Expi~Aprll22, 2001 My commi::;sion expires: 9 -:z:\s.hared\forms\BZA appHcations\ Development Standards Variance Application rev.01!04I2D05 . . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel,lndiana No.: Guilford Real Estate Partners. LLC FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DAY OF .20 Hearing Officer Page 7 of 9 -z:\shared\forms\BZA applications\Deveropmenl Standards Variance Application rev. 01104/2005 . . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA DocketNo.; Petitioner: GuilfordReal Estate Partners, LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the communilybecause: The proposed deluxe town-house condominiums will allocate the maximum available amount of buildino frontaoe to the Guilford Road while encouraqinq efficient land usaqe and hiqh quality development that will increase local property values. spur commercial activity. and attract new businesses. 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 proposed condominiums complv with existinq quality development standards and density recommendations which adequately prdtectthe locale from conqestionand other issues tvPicallv associated with multi-familv housino. 3. The strictapplicationl of the terms of the Zoning Qrdinance to the property will result in practical difficulties in the use of the property because: The 75% minimum frontaqe requirement as appliedto this specific parcel of land would contradict one of the main purposes of the Zoninq Ordinance accordino to 20G.00.01. which is to encouraqe efficient land usaqe and establish an attractive and relatively dense mixed-use neiohborhood within the Old Meridian Road Corridor District. 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 oftheBoard are listed on the back. (Petitioner or his representative to sign). Pagec8 of 9- z:\shared\forms\BZA applications\ Development Standards Variance Application rev, 01/04/2005 ~------ , . CAR.CLAY ADVISORY BOARD OF ZONING .EALS CARMEL, INDIANA Docket No.: Petitioner: Guilford Real Estate Partners. LLC FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community. because: The proposed buildinqs' window bavs are less than the required 4 feet minimum offset bv approximatelv onlv 1.3 feet. The 2.7 feet window bavs will appropriatelv provide an architectural desiqn that is proportionate and aesthetically harm.onious to the proposed buildinqs and architecture of the surroundinQ properties. 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 proposed 2.7 feet window bavs are less protrusive and will appear proportionate and aestheticallv appealinq to individuals located on adiacent properties. 3. The strict!;lpplication 'of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The protrusive effect of the 4 feet minimum offset requirement as applied to the proposed buildinqs on this site would frustrate one of the main purposes of the Zoninq Ordinance accordinq to 20G.OO.01. which is to promote coordinated quality development within the Old Meridian Road Corridor District. DECISION IT IS THEREFORE the decision of the Carmel/Clay Boardof:;::oning 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 GHAIRPERSON, 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). 212336-1 (10740-0001) Page 9 9 - z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 0110412005 . ,,"" ~ .. I Cp 1)/'1 --'" - - qre.... \J\ \!"""'" ~\ /'t.-.-Z L\ 4"2- e>\\ s\ \-\ ""- ~\ ~\ :a= ~> ~ -+- L\ C\\ b ~ L 'T C; \, €- -u \ . . Guilford Road Condominiums 40 Guilford Rd, Cannel, IN Legal Description A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 18 North, Range 3 East, located in Hamilton County, Indiana, described follows: Begin at a point 345.78 feet south of the northeast comer of the West Half of the Southwest Quarter of Section 25, Township 18 North, Range 3 East, run thence South on and along the east line of said West Half 135.0 feet to a point, thence West paranel with the north line of said West Half, 275.0 feet to an iron stake, thence North parallel with the east line of said West Half, 135.0 to an iron stake, thence East parallel with the north line of said West Half, 275.0 feet to the place of beginning, containing 0.85 acres, more or less. Also: Beginning 480.78 feet south of the northeast comer of the West Half of the Southwest Quarter of Section 25, Township 18 North, Range 3 East, and on the east line thereof; thence South on and along aforesaid east line 19.17 feet measured (20 feet deed); thence West 375 feet to a point 499.78 feet measured (500.78 feet deed) South of the north line of Said Half Quarter Section; thence North parallel with the east line of said Half Quarter Section 154 feet measured (155 feet deed); thence East parallel with the north line of said Half Quarter Sectipn 100 feet; thence South parallel with the east line of said Half Quarter Section 135 feet; thence East and parallel with the north line of said Half Quarter Section 275 feet to the place of beginning, containing 0.47 acres, more or less. Also: Beginning 220.78 feet South of the northeast comer of the West Half of the Southwest Quarter of Section 25, Township and Range aforesaid, and on the east line thereof; thence South on and along aforesaid east line 125 feet; thence West parallel with the north line of said Half Quarter Section 375 feet; thence North parallel with the east line of said Half Quarter Section 125 feet; thence East parallel with the north line of said Half Quarter Section 375 feet to the place of beginning.