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Donahue -Wold, Alexia K From: Donahue -Wold, Alexia K Sent: Friday, October 18, 2013 4 09 PM To: Barnes, David R; Blanchard, Jim E, Conn, Angelina V, Donahue -Wold, Alexia K, Duncan, Gary R, Foley, Amanda J, Hollibaugh, Mike P, John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M, Littlejohn, David W; Lux, Pamela K; Maki, Sue, Martin, Candy; Mindham, Daren, Mishler, Nicholas F, Motz, Lisa, Redden, Nick, Stewart, Lisa M, Thomas, John G, Tingley, Connie S, Worthley, Matthew D Cc: 'christinealtman @me com' Subject: Docket No Assignment: (V) Deer Run Subdivision ( #13100005 -10 V) I have issued the necessary Docket Numbers for (V) Deer Run Subdivision. They are the following: (V) Deer Run Subdivision The applicant seeks the following development standards variances for an infill subdivision. Docket No. 13100005 V ZO CH: 6.04.02 Min. lot area 12,000 sq ft, 7,900 sq ft requested Docket No. 13100006 V ZO CH: 6.04.03.A Min. front yard 35 ft, 20 ft requested Docket No. 13100007 V ZO CH: 6.04.03.0 Min aggregate side yard 25 ft, 20 ft requested Docket No. 13100008 V ZO CH: 6.04.03.E Min lot width 100 ft, 70 ft requested Docket No. 13100009 V ZO CH: 6.04.03.F Max lot coverage 35 %, increased coverage requested Docket No. 13100010 V ZO CH: 26.04.07 10 ft rear yard buffer, no buffer requested for Tots 13 -15 The site is located at 10425 Westfield Blvd. and is zoned S -2 /Residential. Filed by Christine Crull Altman. Christine can be contacted at 317 - 575 -0599 or at christinealtman Pme.com. Filing Fees: Development Standards Variance: 1St Variance = $1,197.00 Each additional, $565 *5 = $2,825.00 Total Fees: $4,022.00 Filing Dates & Deadlines. Petitioner, please note the following: 1. These items do not need to be on a meeting agenda of the Technical Advisory Committee for the variances as the Primary Plat was heard at the October 16th TAC meeting. 2. Mailed and Published Public Notice needs to occur no later than October 31, 2013. Published notice is required within the yNoblesville,Times. Get the public notice ad to the Times by 11;00a.m., two days prior to the public notice deadline, in order for them to publish it on time (765- 365 -2316 or legals@ thetimes24- 7.com). Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see application). Make sure the public notice meeting time to the newspaper and neighbors reads 6 PM and the location reads City Hall Council Chambers. 3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, November 15, 2013. Failure to submit Informational Packets by this time will result in the automatic tabling of the•petition. 4. The Proof of Notice will need to be received by this Department no later than noon, Friday, November 22, 2013. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This Item will appear on the November 25, 2013 agenda of the Board of Zoning Appeals Regular Meeting under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the meeting for the Board's use (Sheet 10 of the application). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 9). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled. Please refer to your instruction sheet for more detail 1 Planning Department's Preliminary Review Comments: petitioner, please complete the following: 1. Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office. 2. Please provide the Affidavit of ownership. Page 6 of the application. 3. Please make checks payable to the City of Carmel. 4. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. 5. Please provide filled out and notarized placement of public notice sign affidavit. 6. Please provide proof of notice from the Noblesville Times once you receive it. 7. Please provide green signed return receipts from the certified mailings once you receive them. 8. Please provide a location map showing the location of the site in question, zoning, and existing land use of all adjacent properties. 9. The primary plat still shows a 10' rear yard buffer for lots 13 -15. Are you still proposing no rear buffer for these lots? 10. What percentage of lot coverage are you requesting instead of 35 %? 11. Please provide an example site plan for a lot showing a lot coverage scenario. 12. Please provide more clarification as to the practical difficulty which necessitates these variances along with the Findings of Fact. 13. Additional review comments may be issued from the Planning /Zoning Department. Please feel free to contact me if you have any questions. Sincerely, Alexia Donahue -Wold Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317 571 2417 awold @carmel.in.gov Please consider the environment before printing this e-mail 2 • CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE RECEIVED 0CT11au3 DO FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of the ordinance being varied. All Other $1,197 for the first variance, plus $565 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. DOCKET NO. \'l ©000 5 10 V DATE RECEIVED: 1) Applicant: DEER RUN, LLC /CHRISTINE CRULL ALTMAN Address: PO BOX 108, CARMEL IN 46082 2) Project Name: DEER RUN Phone: 317 575 -0599 Engineer /Architect: STEVEN J. CHRISTIAN & ASSOC. Phone: 317 566 -0629 Attorney: CHRISTINE CRULL ALTMAN Phone: 317 575 -0599 Contact Person: CHRISTINE CRULL ALTMAN Phone: 317 575 -0599 Email: CHRISTINEALTMAN @ME.COM 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. /Instrument No. MULTIPLE DEEDS AND PURCHASE DATES - please see attached Preliminary Plat Page: Purchase date: 6) Common address of the property involved: 10425 WESTFIELD BLVD, INDIANAPOLIS, IN Legal description: PLEASE SEE ATTACHED PRELIMINARY PLAT • Tax Map Parcel No.: 17- 14- 07- 01 -01- 005.000,006.000, & 007.000; 17- 14- 07- 01 -02- 001.000, 002.000, 003.000, & 004.00 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). PLEASE SEE ATTACHED 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance. PLEASE SEE ATTACHED 9) Present zoning classification of the property: S -2 10) Size of lot /parcel in question: 8.25 ACRES 11) Present use of the property: RESIDENTIAL (3 RESIDENCES) 12) Describe the proposed use of the property: RESIDENTIAL 13) Is the property: Owner occupied 1 Renter occupied 2_ Other N/A 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, instrument no., decision rendered and pertinent explanation. NONE KNOWN 15) Has work for which this application is being filed already started? If answer is yes, give details: NO Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? SPRING 2014 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? APPLICANT WILL DEVELOP THE LOTS FOR CONSTRUCTION OF SINGLE FAMILY RESIDENCES AND RESALE • • NOTE: LEGAL NOTICE shall be published in the Noblesville Times 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.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understands that docket numbers will not be assigned until all supporting information has been submitte • to the 1 epartme • • Community Services. Applicant Signature: Date: gill /2613 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 advice of his /her attorney. • • REQUEST 1: ZONING ORDINANCE CHAPTER 6: S -2 /RESIDENTIAL DISTRICT: SECTION 6.04.02 - MINIMUM LOT AREA: D VARIANCE SOUGHT: PETITIONER REQUESTS THAT LOTS BE ALLOWED WITH FEWER THAN 12,000 SQUARE FEET. Deer Run is an infill subdivision utilizing limited available acreage. Meeting current Open Space Standards on the parcel and compliance with 6.04.02 D limits the feasibility of the project. SUPPORTING INFORMATION: The Carmel Clay Comprehensive Plan classifies the land to be developed as Suburban Residential, with the purpose to establish housing opportunities for people who desire moderately dense subdivision living. Density in the Suburban Residential Land Classification is 1.4 to 4.0 dwelling units per acre, and Deer Run as proposed will meet these guidelines which are more current to market conditions than the S -2 Residential District. REQUESTS 2, 3, and 4; 5 ZONING ORDINANCE CHAPTER 6: S -2 /RESIDENTIAL DISTRICT: SECTION 6.04.03 - MINIMUM LOT STANDARDS VARIANCES SOUGHT: C. • 031 A. MINIMUM FRONT YARD REQUESTED TO BE TWENTY (20) FEET; (0'x`03` 6' B. MINIMUM AGGREGATE SIDE YARD REQUESTED TO BE TWENTY (20) FEET; MINIMUM LOT WIDTH REQUESTED TO BE LESS THAN 100 FEET; 7o FV. MAXIMUM LOT COVERAGE GREATER THAN 35% C.CA ,a3.£ C. G•04,67,•F. D. Deer Run is an infill subdivision utilizing limited available acreage. Meeting current Open Space Standards on the parcel and compliance with compliance with the Minimum Lots Standards reduces the buildable area for the homes, negatively affecting the market price, assessed value and anticipated quality of the homes to be built in this project. • • SUPPORTING INFORMATION: The Carmel Clay Comprehensive Plan classifies the land to be developed as Suburban Residential, with the purpose to establish housing opportunities for people who desire moderately dense subdivision living. Density in the Suburban Residential Land Classification is 1.4 to 4.0 dwelling units per acre, and Deer Run as proposed will meet these guidelines which are more current to market conditions than the S -2 Residential District. The buffering provided to the adjoining neighborhoods and rear yard setbacks will provide adequate separation from adjoining properties. Petitioner's concurrent Preliminary Plat and proposed restrictive covenants and architectural guidelines will assure that these lots and residences constructed there on will equal or exceed the residential values in the area. REQUESTS .(,) ZONING ORDINANCE CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA AND BUFFERING REGULATIONS: SECTION 26.04.07 VARIANCE SOUGHT: PETITIONER REQUESTS THAT THE REAR YARD BUFFERING FOR LOTS 13,14 AND 15 NOT BE IMPOSED. Imposing the buffering reduces the buildable area for the homes on these lots, negatively affecting the market price, assessed value and anticipated quality of the homes to be built. SUPPORTING INFORMATION: Petitioner currently owns and intends to own thru the build out of Deer Run the property adjoining the rear yards of Lots 13, 14, and 15 and concurs with this request.