BZA - Zionsville, IN

Board of Zoning Appeals (BZA)

INITIAL Petition Filing

Docket # : _______________ _

Petitioner: _______________ _

Public Hearing Date: _______________ _

Staff Reports and Petition Packets will be posted with the public meeting agenda five (5) days prior to the scheduled public hearing date at the following location http://www.zionsville-in.gov/AgendaCenter

BZA

2020-35-SEJeff & Eva Tomlinson12/02/2020

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Town of Zionsville Petition to the Board of Zoning Appeals

Application Packet and General Instructions

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Town of Zionsville Petition to the Board of Zoning Appeals

Docket # 1. SITE INFORMATION:

Address of Property:

Existing Use of Property:

Proposed Use of Property:

Current Zoning: Area in acres:

2. PETITIONER/PROPERTY OWNER:

Petitioner Name:

Owner Name (if different from Petitioner):

Petitioner Address: Owner Address:

Petitioner Phone Number: Owner Phone Number:

Petitioner E-Mail Address: Owner E-Mail Address:

3. PETITIONER’S ATTORNEY/CONTACT PERSON AND PROJECT ENGINEER (IF ANY):

Attorney/Contact Person: Project Engineer:

Name: Name:

Address: Address:

Phone Number: Phone Number:

E-Mail Address E-Mail Address:

4. DETAILED DESCRIPTION OF REQUEST (Check all requests that apply) (Describe request and reasons for

request / Indicate all applicable Zoning Ordinance Section Numbers / Attach additional pages if necessary):

Appeal Variance of Development Standards Variance of Use Special Exception Modification

5. ATTACHMENTS:

Legal description of property Proof of Ownership (copy of Warranty Deed) Owner's Authorization (if Petitioner is not the Owner) Site Plan & Exhibits Statement of Commitments (if proposed) Draft of Proposed Legal Notice Application Fee Draft of Proposed Findings of Fact

2020-35-SE

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PETITION TO BOARD OF ZONING APPEALS PROCEDURES AND REQUIREMENTS: SUBMISSION OF PETITION TO BOARD OF ZONING APPEALS: 1. A complete Petition to the Board of Zoning Appeals must be submitted by 3:00 p.m. a

minimum of 30 days prior to the initial hearing before the Board of Zoning Appeals. 2. Only complete Petitions will be docketed for the next Board of Zoning Appeals meeting. If a

Petition is incomplete 30 days prior to the initial hearing before the Board of Zoning Appeals, the Petition will not be docketed until the Petitioner submits a complete Petition.

3. The following information must be submitted with the notarized Petition:

Legal description of property (Metes and bounds description must include perimeter survey, drawn to scale / Recorded subdivision legal description must include lot number, section number, subdivision name, either the plat book number with page number or the recorded instrument number and a copy of the plat map.)

Proof of Ownership (copy of Deed) Owner's Authorization (if Petitioner is not the Owner) Site Plan & Exhibits Draft of proposed Legal Notice Statement of Commitments (if proposed) Proposed Findings of Fact Application Fee: $________ (Make checks payable to the Town of Zionsville)

PUBLIC HEARING NOTIFICATION: Notice of Public Hearing before the Board of Zoning Appeals is to be completed as set forth in the Zoning Ordinance and Rules of Procedure for the Board of Zoning Appeals. The procedures relating to notification of public hearings that are contained in this Packet are provided for convenience purposes only. 1. Approval of Notice: The Petitioner shall submit a proposed Notice of Public Hearing with its

Petition for review and approval by the Secretary of the Board of Zoning Appeals. 2. Notice by Publication: Petitioner shall submit the approved Notice of Public Hearing in a

newspaper of general circulation to be published at least 10 days prior to the Public Hearing. The Petitioner shall bear the cost of publishing the Legal Notice. The Secretary of the Board of Zoning Appeals will provide the Petitioner with the filing and publication deadlines for the Legal Notice.

3. Notice by Mailing: The Petitioner is to send the approved Notice of Public Hearing to each

Interested Party via certified mail-return receipt requested at least ten (10) days prior to the Board's Public Hearing. Generally, all owners of adjoining parcels to a depth of one (1) ownership surrounding the perimeter of the area included in the Petition are to be notified. Please review the Zoning Ordinance and Rules of Procedure of the Board of Zoning Appeals to ensure that proper notification is given. The names and addresses of Interested Parties should be obtained from the Boone County Auditor's Office.

4. Affidavit of Notice: At least three (3) days prior to the Public Hearing, the Affidavit of Notice

of Public Hearing is to be completed and submitted to the Secretary of the Board. Copies of all

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“Receipt for Certified Mail” (white slips) shall be filed with the Affidavit of Notice of Public Hearing. The originals of the "Domestic Return Receipts" (green cards) shall be filed with the Secretary upon the later of (I) the public hearing or (II) receipt by the Petitioner.

PETITION REVIEW PROCEDURES:

1. Prior to acceptance, the Petition will be reviewed for completeness.

2. Once complete, the Petition will be docketed for the next Board of Zoning Appealsmeeting. The Petitioner shall be responsible for delivering the Legal Notice (after it hasbeen approved) to a newspaper of circulation for publication and sending the LegalNotice to all Interested Parties by certified mail, return receipt requested, at least ten (10)days prior to the date of the public hearing.

3. The Petition and all supporting documentation will be forwarded to the Board of ZoningAppeals members.

4. The Secretary, members of the Board of Zoning Appeals, staff or advisors to the Board ofZoning Appeals may submit a written report, stating any facts concerning the physicalcharacteristics of the area involved in the Petition, together with a recital of surroundingland use and public facilities available to service the area, or other pertinent facts. Acopy of such statement shall be made available to the Petitioner and all remonstrators ofrecord, if any.

5. The Board of Zoning Appeals meets the first Wednesday of every month at 6:30 p.m. inthe Zionsville Town Hall located at 1100 West Oak Street, Zionsville, Indiana. If thefirst Wednesday is a holiday, or if it is impossible to conduct the meeting at that time orplace, the regular monthly meeting shall be scheduled for the first Thursday following thefirst Wednesday of the month.

6. The Petitioner or remonstrators may request continuation of the Public Hearing at or oneweek prior to the Board of Zoning Appeals meeting.

7. The Petitioner, Petitioner's attorney, or someone authorized by the Petitioner must bepresent at the Public Hearing to make a presentation of the Petition to the Board ofZoning Appeals.

8. The Board of Zoning Appeals at the Public Hearing may approve, deny or continue thePublic Hearing on the Petition.

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NOTICE OF PUBLIC HEARINGBY THE TOWN OF ZIONSVILLE BOARD OF ZONING APPEALS

Notice is hereby given of a Public Hearing to be held by the Town of Zionsville Board of Zoning Appeals on Wednesday,

, at 6:30 p.m. in the Zionsville Town Hall, 1100 West Oak Street, Zionsville, Indiana (DATE OF PUBLIC HEARING)

46077 to consider the following Petition:

, requests a (PETITION NUMBER) (NAME OF PETITIONER)

to provide for or permit: (USE VARIANCE / DEVELOPMENT STANDARDS VARIANCE / SPECIAL EXCEPTION)

(INSERT DESCRIPTION OF PROJECT)

The property involved is more commonly known as: , and is legally described as: (COMMON ADDRESS)

(INSERT LEGAL DESCRIPTION OF PROPERTY)

A copy of the Petition for , and all plans (USE VARIANCE / DEVELOPMENT STANDARDS VARIANCE / SPECIAL EXCEPTION)

pertaining thereto are on file and may be examined prior to the Public Hearing from 8:00 a.m. to 4:00 p.m. Monday through Friday, except for Holidays, in the Planning & Economic Development Department in the Zionsville Town Hall, 1100 West Oak Street, Zionsville, Indiana, 46077. Written comments in support of or in opposition of the Petition that are filed with the Secretary of the Town of Zionsville Board of Zoning Appeals prior to the Public Hearing will be considered. The Public Hearing is open to the public. Oral comments to the Petition for

(USE VARIANCE / DEVELOPMENT STANDARDS VARIANCE / SPECIAL EXCEPTION)will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary.

Upon request, the Town of Zionsville will provide auxiliary aids and services. Please provide advance notification to the Technology Department, [email protected] or 317-873-1577, to ensure the proper accommodations are made prior to the meeting.

Chairman: John Wolff

Secretary: Wayne DeLong

Publish:

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AFFIDAVIT OF NOTICE OF PUBLIC HEARING OF THE TOWN OF ZIONSVILLE BOARD OF ZONING APPEALS STATE OF ) COUNTY OF ) SS: I, , DO HEREBY CERTIFY THAT LEGAL NOTICE TO (NAME OF PERSON MAILING LETTERS)

INTERESTED PARTIES OF THE PUBLIC HEARING TO BE HELD BY THE TOWN OF ZIONSVILLE

BOARD OF ZONING APPEALS, to consider the Petition of: (NAME OF PERSON ON PETITION) Requesting:

(USE VARIANCE / DEVELOPMENT STANDARDS VARIANCE / SPECIAL EXCEPTION)

For property located at:

Was sent by CERTIFIED MAIL, RETURN RECEIPT REQUESTED to the last known address of each of the following

entities at the following addresses:

OWNERS ADDRESS

See attached List of Adjoiners

And that said Legal Notices were sent by Certified Mail, Return Receipt Requested on or before the day of , 20 , being at least ten (10) days prior to the date of the Public Hearing (Copies of "Receipt for Certified Mail" [white slips] attached). And that said Legal Notice was published in a newspaper of general circulation at least ten (10) days prior to the date of Public Hearing (Proof of Publication attached).

Name of person mailing letters

Signature State of ) County of ) SS: Subscribed and sworn to before me this day of , 20 . Notary Public Signature Notary Public Printed My Commission No: My Commission Expires: My County of Residence is County

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Petition No.:_____________________ TOWN OF ZIONSVILLE BOARD OF ZONING APPEALS BOONE COUNTY, INDIANA PETITION FOR SPECIAL EXCEPTION FINDINGS OF FACT

1. The proposed use (will / will not) be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

2. The proposed use (will / will not) injure or adversely affect the adjacent area or property values therein; and

3. The proposed use (will / will not) will be consistent with the character of the District, land uses authorized therein and the Town of Zionsville Comprehensive Plan.

DECISION It is therefore the decision of this body that this SPECIAL EXCEPTION petition is APPROVED/DENIED. Adopted this day of , 20 .

EXHIBIT 1 Warranty Deed

EXHIBIT 1 Warranty Deed

EXHIBIT 1 Warranty Deed

TRANSFORMER

WORKSHOP3,000 SQ-FT26' ABOVE 1ST FLR HEIGHT

HOME SITE9,221 SQ-FT GROSS34' ABOVE 1ST FLR HEIGHT

UNDERGROUND PROPANE TANKS

SEPTIC TANK

POOLGEOFIELD

GEOFIELD

ELEC. GATE WITH LIGHTS

1/2 AC POND

POND OVERFLOW

PRIMARY ELECTRIC15' EASEMENT

15'-0"

JEFF AND EVA TOMLINSON7529 E. STATE RD 32ZIONSVILLE, IN 46077PARCEL NO. 010-02700-00

SR 32

ASPHALT DRIVEWAY

POWER HOUSE;GENERATOR TRANSFERSWITCH COTTAGE

24°

46°

ELEC. SERVICE

TRUCK TURN AROUND

6.6 ACRES OF HAY

EXISTING BARN TO BE DEMOLISHED

70' BSL

40' AG BUFFER

REMOVE GRAVEL AREAS(LAWN GRASS PLANTED)

REMOVE GRAVEL AREAS(HAY GRASS PLANTED)

SB 321.0' FT

SB

339.0

FT

SB 132.0 FT

SB

652.0

FT

FF = 940.0

1ST FF = 944.0'LL FFE = 932.0'

50,000 SQ-FT BARN

8 ACRES OF HAY

GENERAL NOTES

1. EXISTING GRAVEL SURROUNDING BARN TO BE REMOVED AND REPURPOSED ONSITE.

2. EXISTING BARN TO BE DEMOLISHED AND GROUND SURFACE RESTORED FOR PASTURE / HAY OR LAWN AREA.

3. DRIVE FROM HWY 32 TO SOUTH OF POND TO BE TREE LINED. PROVIDE LANDSCAPE LIGHTING FEATURES ALONG THE DRIVE TO ILLUMINATE DRIVE AND OTHER HARDSCAPE.

4. TRUCK TURN AROUND TO BE DESIGNED FOR 32' TRUCK. PAVEMENT OFF HWY 32 TO BE MIN. 6" CONCRETE TO SUPPORT TRASH TRUCKS AND FIRE TRUCK TURNING.

5. MAILBOX TO BE RELOCATED WITHIN ENTRY DRIVE TO ALLOW DELEVERY VEHICLE SAFE STOP JUST OFF OF HWY.

DRAWN BY

SHEET TITLE

PROJECT MANAGER

QUALCHECK

DESIGNED BY

PROJECT #

SHEET NUMBER

1"=1000'-0"0 1000' 2000'

1"=500'-0"0 500' 1000'

1"=400'-0"0 400' 800'

1"=200'-0"0 200' 400'

1"=100'-0"0 100' 200'

1"=80'-0"0 80' 160'

1"=60'-0"0 60' 120'

1"=50'-0"0 50' 100'

1"=40'-0"0 40' 80'

1"=30'-0"0 30' 60'

1"=20'-0"0 20' 40'

1"=10'-0"0 10' 20'

116"=1'-0"

0 16' 32'3

32"=1'-0"0 16' 32'

18"=1'-0"

0 8' 16'3

16"=1'-0"0 8' 16'

14"=1'-0"

0 4' 8'3

8"=1'-0"0 4' 8'

12"=1'-0"

0 2' 4'3

4"=1'-0"0 2' 4'

1"=1'-0"0 1' 2'0 1' 2'

"=1'-0"121 1

32"=1'-0"0 32' 64'

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REGISTRATION SEAL

CONSULTANT INFORMATION

hbdbuilder.com

4239 W. 96th STINDIANAPOLIS, INDIANA 46268

(317) 228-0058

TOMLINSON HOME7529 E. STATE ROAD 32

ZIONSVILLE, INDIANA 46077

10/1

5/2

020 4

:05:0

6 P

M

092320

J. TOMLINSON

J. TOMLINSON

AS1-00-00

BRAD BOWMAN

E. TOMLINSON

ARCHITECTURALSITE PLAN

SCALE:

NORTH

1" = 50'-0"

NEW SITE - 7529 E. STATE ROAD 32, ZIONSVILLE, INDIANA 46077SCALE:

NORTH

1" = 50'-0"

EXIST SITE - 7529 E. STATE ROAD 32, ZIONSVILLE, INDIANA 46077REV DATE DOC REL ## - DESCRIPTION

A part of the North Half of the Northeast Quarter of Section 5, Township 18 North, Range 2 East of the Second Principal Meridian, situation in Union Township, Boone County, Indiana, and more particularly described as follows:Beginning at a point 1938.75 feet west of the Northeast corner of the Northeast Quarter of Section 5, Township 18 North, Range 2 East, and run thence West 567.71 feet following the section line and center of State Road Number 32, thence south 1070 feet along an existing fence, thence East 567.71 feet along an existing fence to an iron pipe, thence North 1070 feet to the place of beginning and containing 13.945 acres, more or less.

DEED DESCRIPTION

10/15/20 ISSUED FOR CONSTRUCTION

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EXHIBIT 2b-SITE SETBACK

EXHIBIT 3 - PLOT PLAN

TOMLINSON, JEFF AND EVA

7529 E SR 32, ZIONVILLE, IN 46077

A part of the North Half of the Northeast Quarter of Section 5, Township 18 North, Range 2 East of the

Second Principal Meridian, situated in Union township, Boone Count, Indiana and more particularly

described as follows:

Beginning at a point 1938.75 feet west of the Northeast corner of the Northeast Quarter

of Section 5, township 18 North, Range 2 East, and run thence West 567.71 feet

following the section line and center of State Road Number 32, thence south 1070 feet

along an existing fence, thence East 567.71 feet along an existing fence to an iron pipe,

thence North 1070 feet to the place of beginning and containing 13.945 acres, more or

less.

EXHIBIT 4 LEGAL DESCRIPTION

EXHIBIT 5 Adjoiner List

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