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HomeMy WebLinkAboutApplication DOCKET NO. Fee $772.50, $103.00 per acre o '5 OS004l.tJ ~\J DATE RECEIVED: Mav 20. 2005 _ CITY OF CARMEL - CLAY TOWNSHIP e HAMILTON COUNTY. INDIANA . ((~Il~ APPLlCA TlON FOR BOARD OF ZONING APPEALS ACTIO~/tlf/ ~~ SPECIAL USE/SPECIAL USE AMENDMENT APPROVAL REQU~~T E~ \~\ I~~! ~~4 \ /..... """,)rtJ I ~\ ! .....,7 ~''\ f... J:;,'.,\ ;.~. '. , ., A 'l ~~T_& 1) Applicant: PPV,LLC By: Platinum Properties, LLC Its Manager Address: 9551 Delegate's Row Indianapolis, Indiana 46240 2) Project Name: Heather Knoll Amenity Area Engineer/Architect: Stoeppelwerth & Associates, Inc. Attorney: N/A (317) 818-2900 Phone & Fax: (317) 818-2910 Fax Phone: (317) 849-5935 Phone: 3) Applicant's Status: (Check the appropriate response) v (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: PPV, LLC By: Platinum Properties, LLC Its Managers Owner's address: 9551 Dele2ate's Row, Indianapolis, Indiana 46240 Phone: (317) 818-2900 5) Record of Ownership: Deed book No./lnstrument No. Page: Purchase Date: 6) Common address of the property involved: 2830:1: West 141st Street Legal description: Tax Map Parcel No.: 17-09-20-00-00-009.201 7) State explanation of requested Special To build an amenity area for active and passive recreational use, which consists of a pool, bath house, playground, basketball and tennis courts, and parking area. 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use'). T b ild · ~ · d. · I . 0 U . an amenIty area lor active an pasSIve recreatlona use, which consistsofa pool, bath house, playground, basketball and tennis courts, and parking area. Page 1 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 03/01/05 9) 10) 11 ) 12) Present zoning of the prolrty (give exact classification): SI - ROSO ... Present use ofthe prope : Area for amenity was approved ~eatber Knoll, Section Two Size of lot/parcel in question: 0.58:!:: acres Describe the proposed use of the property: To build an amenity area for active and passive recreational use, which constists of a pool, bath house, play~round, basketball and tennis courts and parkin2,area. 13) Is the property: Owner occupied Renter occupied Other Homeowners Association 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. N/A 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed special use is granted, when will the work commence? Immediately J;, 17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this application has been filed? The residents oftbe subdivision will use these facilities. 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, tv'Io 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. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. Page 2 of 8 - z:\shared\forms\8ZAapplications\ Special Use Application rev. 03/01/05 - e AFFIDA VIT 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: (Date) ~~ (Prope wne , Property Owner's Attorney or Property Owner's Power of Attorney) Steve Broermann (Please Print) STATE OF INDIANA ss: County of Hamilton (County in which notarization takes place) Before me the undersigned, a Notary Public for Madison (Notary Public's county of residence) County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this day of ~ (SEAL) (SEAL) \\\\\illI"II/ ~,\\ Oy PilI, " I\.. {'" / ~ ~~ ~ ~ r ....e.... V ~ ~ ~ 0 .... ..... ~< ~ ~~.. ." .... .0 __.__ e.'" ~ .:: : \ 0= g i SEA L! E - . . - ~ \ : ~ ~ \. --.--". ~ ~ ..... .... ~ ~. .. ./ A .. '.... ..... t!... ~ 6~ ~ Vo ...\ f""': ," 'I",.. 'A f" ~,,~ "II" I " ,,' \\.\ Julie A. Gibson Notary Public-Please Print My commission expires: 01/05/2013 Page 4 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 03/01/05 -;;" 'i Y-l~/d( &- z' 7- o~ C mmitments Attendant to Special Use of Docket No. 05050046 SU Heather Knoll, Section Two, Block A) I, Paul F. Rioux, th undersigned, President of Platinum Properties LLC, manager of PPV, LLC, (here a er, "Applicant"), make the follow-ing commitments to the City of Carmel and Clay T wnship Board of Zoning Appeals in conjunction with the June 27, 2005, approval of ocket No. 05050046 SUo Description ofRe I Estate: -Block A of he Heather Knoll Section 2 Subdivision, recorded as Instrument No. in Plat Cabinet , Slide in the Office of the Reco der of Hamilton County, Indiana. Statement of Com itments: 1. The swi . ng pool at the Heather Knoll Subdivision shall be constructed to . contain a m nimum of 2000 square feet of swimming pool area. 2. A lifeguard.will be present at the Swimming Pool during all hours when the Swimming 001 is open to the residents of the subdivision known as Heather Knoll. 3. The applica t understands that the representations made above will survive the ownership f the property. The applicant will make the requirements above an integral pa of any agreement to sell the property. Binding on Heirs, Successors and Assigns. The commitments are binding on the owner of the Real Estate, ach subsequent owner of the real estate, and each person acquiring interest in the real state, unless modified or terminated by the governmental authority authorized to modi y. Recording. The un ersigned agrees to record these Commitments in the Office of the Recorder of Hamil n'County, Indiana, upon granting of the approval of the project. Enforcement. The e commitments may be enforced by the Carmel/Clay Board of Zoning Appeals, a d or the City of Carmel, Indiana. .7 . Page 2 of2 Executed this day of , 2005. By: Title: President of Platinum Properties LLC, manager ofPPV LLC Printed: PaulF.Rioux STATE OF INDIANA } } COUNTY OF HAMILTON } BEFORE,ME, a notary public in and for said County and State, personally appeared Paul F. Rioux, President of Platinum Properties LLC, manager ofPPV LLC, who acknowledged the execution of the forgoing Commitments. WITNESS my hand and Notarial Seal the day of , 2005. Notary Public State of Indiana (printed) Residing in County. My Commission Expires: - e CARMEL/CLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : Petitioner: PPV, LLC By: Platinum Properties, LLC Its Mana~ers FINDINGS OF FACT - SPECIAL USE (Ballot Sheet) 1 . 2. 3. 4. 5. 6. DATED THIS DAY OF , 20 _' Board Member Page 7 of 8 - z:\shared\forms\BZA applications\ Special Use Application rev. 03/01/05 e e CARMEL/CLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: PPV~ LLC Bv: Platinum Properties~ LLC Its Manae:ers FINDINGS OF FACT -SPECIAL USE 1. The premises in question is particularly physically suitable for the proposed Special Use because: The area for this amenity was approved with Heather Knoll, Section Two. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: The area for this amenity was approved withrJleather Knoll Section Two 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: The area for this amenity was approved with Heather Knoll, Section Two. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: The area for this amenity was approved with Heather Knoll, Section Two. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: The area for this amenity was approved with Heather Knoll, Section Two. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: The department is reviewing the Plans, and we will comply with any comments they may have. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number 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\ Special Use Application rev. 03/01/05