Loading...
HomeMy WebLinkAboutApplicationCITY OF CARMEL - CLAY TOWNSHIP 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. OR see Hearing Officer Fees 2) Engineer/Architect: Phone: 3) Attorney: Applicant's Status: (Check the appropriate response) I.-'~(a) The applicant's name is on the deed to the property ~ (b) The applicant is the contract purchaser of the property ~ (c) Other: Phone: 4) 5) 6) If Item 3) (c) is checked, please complete the following: Owner of the property involved: /~//~.1~ Owner's address: /0.,~,0,~ Wz'/2'?_~:,,'q ~. Record of Ownership: Deed Book No./Instrument No. ~/~. ~ ~'~ ~ Page: ~ Purchase date: Common address of the properly involved: /O~Oy Legal description: Tax Map Parcel No.: 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). ~" U~ r,. I_ ~ --~ -' ,, . .. ~ __ ~-/- - -_: A ap~li~tions~ Develop~nt Standards Variance Applimtion rev. 03/01/05 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). 9) 11) 12) Present zoning of the property (give exact classification): Size of lot/parcel in question: ~"~ X / '~ 2 Present use of the property: ~¢J~ 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. Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: ~)//~t~ Builder: 16) If proposed appeal is granted, when will the work commence? 17) If the proposed variance is granted, who will operate and/or use the proposed improvement 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 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:~shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 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. The applicant understands that docket numbers will not be assiqned until all su ,information has been submitted to the Department of Community Services. The applicant certifies by signing this application that he/she has been advised th; Department of Community Services are advisory only and that the applicant should rely o zoning ordinance and/or the legal advice of his/her attorney. all representations of the subdivision and I, , Auditor of Hamilton County, (Please Print) affidavit is a true ~ complete listing of the adjoining and adjacent property owne~ OWNER ...,~., ADD! ~ certify that the attached the property described herewith. Auditor of Hamilton County, Indiana--Signature Date Page 3 of 8 -z:Lshared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 AFFIDAVIT 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 under.~gned, authorize ~ applicant to act on my behalf with regard to this application and subsequent hearings and testimon~ Signed: (~r~(pc/~y Q~ ~,~er, Atto~r~y, Or ~v~r.~f Attorney) (Ple-a~e Print) STATE OF INDIANA SS: County of (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 (Property Owner, Attorney, or Power of'Attorney) and acknowledge the execution of the foregoing instrument this /~'~ 7/'~q_ dayof - - N~a~ Public--Signature ~~- ry ' --Please Print My commission expires: ,,.~//~ ,5~.//~ £~,~ ,.~, Page 4 of 8- z:~shared\forTns\BZA applications\ Development Standards Variance Application rev. 03/01/05 Indiana NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No. Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the day of ., 20 at 6:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, 46032 will hold a Public Hearing upon a Development Standards Variance application to: (explain your request--see question numbered seven (7)) _ __._ ;__- ., i '- ~ ,1 - i property being known as, /~),~ O..~ The application is identified as Docket No. The real estate affected by said application is described as follows: ~ ~~/~L/')~~ (Insert Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. Page 5 of 8 -z:~shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS I (WE) DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of (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 (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this day of ,200 (SEAL) Notary Public--Signature Notary Public--Please Print\ My commission expires: Page 6 of 8 -z:~shared\forms\BZA applications\ Development Standards Variance Application rev. 03/01/05 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: Carmel, Indiana Petitioner: 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 Vadance Application rev. 03/01/05 . Docket No.' Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCF 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: 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. 03/01/05 ADVISORY BOARD OF ZONING 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, Third Floor, Carmel City Hall, 1 Civic Square, Carmel). INFORMATION NEEDED for formal DOCS staff and BZA review: EC[IVED AU6 1 2 2005 a. Need the original and one copy of the completed variance application (available from the Office of DOCS), with legal description(s) attached. DOCKS b. Need two (2) copies of location map showing location of site in question, zoning, and existing land use of all adjacent properties. c. 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. d. 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 heating 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 Heating must be mailed to all adjacent property owners and published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public heating date. At least ten (10) days prior to the hearing, the petitioner must submit their proof of publications, proof of adjacent property owners notice, a completed Petitioner's Affidavit of Notice of Public Heating, 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 Attorney, or someone with the property owner's Power of Attorney must be present at the Carmel/Clay Board of Zoning Appeals Public Heating. A presentation must be given at the public heating. 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 6:00 p.rn~ in the City Council Chambers, 2nd floor of City Hall, 1 Civic Square, Carmel, Indiana. Z: \docs~sharedWorms~dnstrdev. std Revised 03/01/05 Conn, Angelina V From: Sent: To: Cc: Subject: Conn, Angelina V Tuesday, August 16, 2005 9:55 AM Tingley, Connie S; 'LNStrong@hotmail.com' Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Benyola, Linda Docket No. Assignment: (V) Orchard Park, Lot 174 - Strong Residence (#05080028 V) Connie, I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Orchard Park, Lot 174 - Strong Residence. It will be the following: Docket No. 05080028 V Total Fee: $128.75 $128.75 Orchard Park, Lot 174 - Strong Residence The applicant seeks the following development standards variance: Docket No. 05080028 V ZO Chapter 25.02.02 fence height The site is located at 10208 Niman Ct. and is zoned S-2/Residence. Filed by Dallas & Lori Strong. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, September 16, 2005. Published notice is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:15 p.m. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, September 23, 2005. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON~ Friday, September 16, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, October 24, 2005 agenda of the BZA. 5. This Item will appear on the September 26, 2005 agenda of the Board of Zoning Appeals HEARING OFFICER under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Mr. & Mrs. Strong can be contacted at 848-2373 or email: LNStrong@hotmail.com. Petitioner: please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 p.m. It is suggested to send the notice to the IndyStar by Noon on Wednesday, to allow for the Friday printing. 2.) Provide a filled out and notarized Public Notice Affidavit (pg 6 of the application). 3.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's Office. 4.) Provide a filled out Findings of Fact sheet (pg 8 of the application). Thank you, Angie IndiavmpotL% Indiana SCHNEIDER ENGINEERING CORPORATION ~ E~e~ ~ Lau~ Surveyo~ - Lard Planner~ Gary R. Kent, ~ Gr~pp, LS. Stephen M. C~oper~ LS~ Edward D. Giae~le~ LSo ~r~e A. Nicho~n~ Alan B. Cleveland, Telephone SURVEYOR LOCATION REPORT THIS REPORT IS BASED ON L~I~D ACCURACY DATA AND THERE~FORE NO DATA I-IEREIN SHOULD BE USED FOR CONSTR~IC~ION OR ~TABLISHING BOUNDARY OR FENCE LINES. PROPERTY ADDR~$: ]0208 Niman Court PROPERTYD~SCRIPTION: Lot number ]74 in is recorded in plat ~ok 2~ Paoe 5 in Hamilton County~ Indiana. Orchard Park the plat of which ~he Office of the Recorder of FLOOD HA~RD STATEMENT: The residence located on the within described tract of land does does not X lie w~thin that Special Flm)d Hazard Zone A a~ said tr~zt plots by scale on Commnnity. Panet# 18008] 001 3C of the Flood lns~ance Rate Maps for Carmel (Mapsdated May ] 9, 1 98 ] ). DESIGNATED PARTIES MORTGAG~ OR ASSIGNEES: TITLE CO.: Inland Associated I~FERENCE NO. ~ortqaqe Corporation Witle C~. Inc. ~RENCE NO. R92-6523 OT~: Dallas A. an~ ~ri ~. Strong L ~he undersigned, an lndiana Registered Land Sth~eyor~ hereby certify that on the date Shown, ~ s~rv~sed the iasp~tion of the re~ estate described herein at the Address indicated. T~IS LOCATION REPORT WAS PREPAID FOR USE BY THE D~IGNATED PARTIES ONLY AND FOR NO ONE ELSE. THE ACCUR-~CY OF THE L~ATION DATA S~OWN IS LIMITED TO THAT REQL~IRED BY THE INDIANA "SURVEYOR LOCATION ~PORT' MIN~MU~ ~UI~ENTS UNLESS OTHERWISE SPECIFIED AND EXPLAINED ON THIS ~UMENT. IF A MO~ ACCU~TE OR DETAILED LAND suRVEy IS D~IR~ OR IF ~RN~ MONUMENTS ARE ~EQUIRED, AN INDIANA LAND TITLE SURVEY SHOULD BE O~ERED. I fu~her certify that to the ~st of my knowledge this Lo~6on Repor~ conforms with L~ATION REPORT Minimum Requirements, as adopted by the Indiana ~ciety S~veyors, Inc. on January 29~ 1981, and approv~ by the Title Underwriters 1981. ~EYOR ~ARRANTY DEED THIS INDENTURE WITNESSETN, That K, SCOTT FOSTER AND JULIE ELLEN FOSTER, HUSBAND AND WIFE (Grsn%©r(s)) of HAMILTON Count?', in the State of Indiana~ CONVEY(S) AND WARRANT(S) to DALLAS A. STRONG AND LORI N. STRONG, HUSBAND AND WIFE (Grantees) of HAMILTON County, in the State of Indiana, for the sum of One and no/IO0 ............ Dol}ars ($1~O0) and other vatuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in HAMILTON CountY, State of Indiana: Eot number~8 174 in ©~C~8 Pa~k~ ~ Addition ~n Hamilton COu~t~; ~nd~sns~ as Per p~at the~eo~ recorded in Plat B6d~ 2, page 5~ in the o¢ tbs Recorder o¢ Hami~to~ County, I~diana~ Subject to any and all easements, agreements and restrictions of reco~d~ The address o¢ such rea~ estate is com~n~y k~o~n as 10208 N~man Court, Indianapolis, IN 46280. 4~_.X!~ Tax bit]s should be sent to the Grantee at such address less otherwise indicated IN WITNESS WHEREOF, G~sntor(s) have executed this deed this lath day of August, 1992, GRANTOR: ~' ( SEA~./ ...... GRANTOR (SEAL~ JULIE ELL.~N FCCS STATE OF INDIANA ) COUNTY OF HAMILTON) SS: A C K N O W L E D G M E N Before me, a Notary Public, in and for ss~d County and Sts~e, personally appeared K. SCOTT FOSTER AND JULIE ELLEN FOSTER, HUSBAND AND WIFE, who acknowledged the execution of the foregoing Warranty Deed, s~d who, hsving been duly sworn, stated that any representations contained therein are true, Witness my hamd and Notaria] Seal, this ~.of My Commission Expires: . My County of Residence: Nendricks Roy A This Instrument prepared by K. Scott Foster Return Deed to Send Tax 811~s to