HomeMy WebLinkAboutApplication26.02.07(c) - side loaded garage set back
CITY OF CARMEL- CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
DOCKET NO.
DATE RECEIVED:
1)
Applicant: MHE Development, LLC
Address' 55 Monument Circle, Suite 200, Indianapolis, IN 46204
2)
Project Name' Yorktown Woods Phone: 317/264-1833
Engineer/Architect: Civil and Environmental Consulting, Inc. Phone: 317/655-7777
Attorney: Charles D. Frankenberger, Nelson & Frankenberger Phone: 317/844-0106
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: Gerald York Trust and Margaret Ann York Trust
Owner's address: 1115 SW 22nd Avenue, Delray Beach, FL 73445
5)
Record of Ownership: See Above
Deed Book No./Instrument No.
Page: Purchase Date:
6)
Common address of the property involved:
Legal description: See Exhibit A attached hereto
Tax Map Parcel No.' 17-10-19-00-00-026.000
7)
State explanation of requested Developmental Standards Variance: (State what you
want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which
applies and/or cremes the need for this request).
We are requesting a variance from Section 26.02.07(c) requiring a 25' set
loaded garages. We are providing for a 15' set back.
8)
9)
10)
11)
12)
14)
State reasons supporting the Developmental Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact-Developmental
Standards Variance")
The variance will allow residences with side loaded garages. The driveway will be of
sufficiem length to park 2 vehicles without encroachment into the sidewalk.
Present zoning of the property (give exact classification): R!..
Size of lot/parcel in question:
12.4 acres
Present use of the property: Landscape company and rented residence
Described the proposed use of the property: Residential
Is the property:
Owner occupied
Remer occupied X
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.
Primary_ plat approval was obtained on July 19, 2005 under Docket Number
05050005PP. A subdivision waiver was obtained on July 19, 2005 under docket
Number 05050006SW. Commitments were given in connection with the above
approvals.
15) Has work for which this Application is being filed already started? If answer is yes,
give details: NO
Building Permit Number: Builder:
16)
17)
If proposed appeal is grained, when will the work commence?
Fall of 2005 or Spring of 2006
If the proposed appeal is granted, who will operate and/or use the proposed
improvement for which this application has been filed?
Residemial subdivision
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 of 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:
CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining and abutting
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.
The applicant understands that docket numbers will not be assigned until all supporting information has
been submitted to the Department of Community Services.
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 advise of his/her attorney.
I, , Auditor of Hamilton County, Indiana, certify that the attached
(Please Prin0
Affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described
herewith.
OWNER ADDRESS
Auditor of Hamilton County, Indiana-Signature Date
MHE DEVELOPMENT, LLC
Robert Ellis, Member
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public for Marion County, Indiana, personally appeared Robert Ellis, a Member of
MHE Development, LLC, and acknowledged the execution of the foregoing application.
My Commission Expires:
Resident of/~/UO A) County, Indiana
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: 05080044V
Petitioner: MHE Development, LLC
o
.
o
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 proposed variance will allow
residences with side-loaded garages and with driveways which are of sufficient length
to park two vehicles without encroaching into the sidewalk.
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 variance will allow
residences with side-loaded garages and with driveways which are of sufficient length
to park two vehicles without encroaching into the sidewalk.
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 strict application of the
Zoning Ordinance will prohibit the developmem of the real estate with residences
having side-loaded garages.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Development Standards Variance Docket No. 05080044V 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 26th day of September, 2005.
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).
H:~Janet~MHE\Carmel Variance~Dev. Standards Variance ^pp.doc
EXHIBIT "A"
LAND DESCRIPTION
Inst. No. 9559886
A part of the North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4
East, more particularly described as follows:
Beginning North 89 degrees 14 minutes 55 seconds East, 1440.16 feet East of the Northwest
comer of said North Half of the Southwest Quarter of Section 19,
Township 18 North, Range 4 East at a point on the East right of way line of State
Road//431 and on the North line thereof;
thence continuing North 89 degrees 14 minutes 55 seconds East on and along the North line
of said Quarter Section 1110.33 feet to a round stone;
thence South 00 degrees 16 minutes 40 seconds East 623.00 feet to an existing
iron pipe and the North fight of way line of the abandoned Traction Company fight
of way;
thence South 65 degrees 37 minutes 15 seconds West 422.90 feet on and along
the North line of said abandoned right of way line to the Easterly fight of way of
State Road//431;
thence North 50 degrees 39 minutes 55 seconds West 155.25 feet;
thence North 44 degrees 00 minutes 05 seconds West 300.00 feet;
thence North 42 degrees 16 minutes 55 seconds West 100.04 feet;
thence North 45 degrees 35 minutes 10 seconds West 108.44 feet;
thence in a Northwesterly direction 189.93 feet along an arc deflecting to the fight
and having a radius of 5679.6 feet and subtended by a long chord having a
bearing of 43 degrees 02 minutes 35 seconds West
and a length of 189.93 feet;
thence North 34 degrees 48 minutes 35 seconds West 219.31 feet to the North
line of said Southwest Quarter and the place of beginning.
EXCEPT that real estate conveyed to Board of Commissioners of Hamilton County per
Warranty Deed recorded as Instrument #200100073740 in the Office of the Recorder of
Hamilton County, Indiana.
Containing after said exception 12.40 acres, more or less.
Subject to and Easement for water lines granted to The City of Carmel by
instrument recorded July 31, 1985, in Book 3, Pages 39-41 as Instrument No.
85-10715 in the Office of the Recorder of Hamilton County, Indiana.
Subject to an Easement for utilities granted to The City of Carmel. Indiana. an
Indiana Municipal Corporation by Instrument recorded July 3, 2003, as Instrument
No. 2003-64122 in the Office of the Recorder of Hamilton County, Indiana.
Subject to all other legal easements and fights of way of record.
,,
60.00'
10' TREE PRESERVATION EASEMENT
20' @.S.L., D.&U.F.
50'
[ °
--1
24.~7' .
,, 60.00'.I
,5' SIDEWALK
t CONCORD COURT
2' ROLL CURB AND GUTTE~
LEGEND
SAMPLE PLOT PLAN B.S.L. BUILDING SETBACK LINE
YORKTOWN WOODS LOT #17 D.&U.E. DRAINAGE AND UTILITY EASEMENT
CEC PROJECT NUMBER DATE: 9/01/05 Civil & Environmental Consultants, Inc.
050318 D WN. BY: J CB ~.~/Z/ 10 West M or k et Street, Suite 1360
Indien~polis, Indiene 46204-2960
CHKD. BY: DSC (317) 655-7777 (877) 746-0749
Pittsburgh, PA Cincinneti, OH Columbus, OH
SHEET '~ OF "1 SCALE: 1" -- 20' Neshville, TN Chicogo, IL Export, PA St. Louis, MO
Docket No. Assignment: (V) Y~'rktown Woods, Lots 1-33 (#05080044
Page 1 of 3
Conn, Angelina V
From: Charlie Frankenberger [charlie@nf-law.com]
Sent: Monday, September 12, 2005 3:47 PM
To: Conn, Angelina V i'-2. ~--~.
Subject: FW: Docket No. Assignment: (V) Yorktown Woods, Lots 1-33 (#05080044 V)
..... Original Message .....
From: Charlie Frankenberger
Sent: IVlonday, September 12, 2005 3:46 PM
To: 'Aconn@carmel.ingov'
Subject: FW: Docket No. Assignment: (V) Yorktown Woods, Lots 1-33 (#05080044 V)
Hi Angie,
We need the variance for only 29 of the 33 lots, as lots 1,2,3, and 33 are deep enough to permit compliance
with the setback requirement. The driveway parking for each of the 29 variance lots will be at least as good as
illustrated on the atached exhibit--because the driveway length, excluding the sidewalk, is greater than 40 feet, 4
cars can actually be fit in the dirveway without encroachment into the sidewalk. Considering this, I thought the
attached exhibit was sufficient, and that it was unecessary to have an exhibit for each of the 29 variance lots.
Please let me know your thoughts. Thanks for your help.
..... Original Message .....
From: Brian Cross [mailto:bcross@cecinc.com]
Sent: Thursday, September 01, 2005 4:12 PM
To: Charlie Frankenberger; GKIVlerritt@merritthubbard.com
Subject: RE: Docket No. Assignment: (V) Yorktown Woods, Lots 1-33 (#05080044 V)
We're on it.
The decision to exclude lots 1-3 & 33 is entirely up to Gary. In my opinion, these lots have plenty of room to
accommodate the 25' B.S.L. for garages.
Brian Cross
Civil and Environmental Consultants, Inc.
10 West Market Street
Suite 1360
Indianapolis, Indiana 46204
Phone: 317.655.7777
Toll Free: 877.746.0749
Fax: 317.655.7778
Cell: 317.513.1921
From: Charlie Frankenberger [mailto:charlie@nf-law.com]
Sent: Thursday, September 01, 2005 3:51 PM
To: GKMerritt@merritthubbard.com
Cc: BCross@cecinc.com
Subject: FW: Docket No. Assignment: (V) Yorktown Woods, Lots 1-33 (#05080044 V)
Hi Gary and Brian.
Gary, please forward t me teh filing fee. If we are certain that you will request it for only 29 lots, then we can
reduce the filin fee by $241.75.
Gary and Brian, please note requirement number 5, requiring a drawing showing the house, garage, and
driveway situated on each affected lot. Please let me know if (and, if so, then why, as I must then relay this to
Ange Conn) you think that a drawing with one representative lot will work.
9/14/2005
Conn, Angelina V
From:
Sent:
To:
Cc:
Subject:
Corm, Angelina V
Thursday, September 01,2005 2:56 PM
Tingley, Connie S
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;
'charlie@nf-law.com'
Docket No. Assignment: (V) Yorktown Woods, Lots 1-33 (#05080044 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Yorktown
Woods, Lots 1-33. It will be the following:
Docket No. 05080044 V ($128.75'1 lot) + ($77.25 lots) =~5 Total Fee: ~ ~.q l. -I ~
Yorktown Woods, Lots 1-33
The applicant seeks the following development standards variances on 33 lots:
Docket No. 05080044 V ZO Chapter 26.02.07(B) setback for side-load garages
The site is located south of Laura Visa Drive stub, east of SR 431.
The site is zoned RI/Residence, partly within the US 431 Overlay.
Filed by Charlie Frankenberger of Nelson & Frankenberger for MHE Development, LLC.
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 1, 2005. Published notice is
required within the Indianapolis Star. Note: the Regular BZA meeting will begin at 6 pm.
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 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. Frankenberger can be contacted at 844-0106 or fax: 846-8782 or email: charlie@nf-law.com.
Petitioner' please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send the
notice to the IndyStar by Noon, two days prior to the printing deadline.
2.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's Office.
3.) Provide a filled out and notarized Public Notice Affidavit (pg 6 of the application).
4.) Provide an area location map.
5.) Provide the plat, showing the layout of the lots and the house/garage placement on each lot.
6.) Show/label the garage setback line as required by the Ordinance and as you propose.
Thank you,
Angie