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PUBLISHER'S AFFIDAVIT
State of Indiana )
) ss:
Hamilton County )
Personally appeared before me, a notary public in and for said county and state, the
undersigned Tiin Timmons who, being duly sworn, says that he is Publisher of The Times
newspaper of general circulation printed and published in the English language in the city
of Noblesville in state and county afore -said, and that the printed matter attached hereto
is a true copy, which was duly published in said paper for 1 time(s), the date(s) of
publication being as follows:
8/2/2014
s/4 7/s I/
Subscribed and sworn to before me this Saturday. August 02, 2014.
Notary Public
My commission expires: 05/28/2020
Jennifer Louise May
Resident of Marion County
Publisher's Fee: $57.20
JENNIFER LOUISE MAY
Notary Public- Seal
State of Indiana
My Commission Expires May a, 2020
Y 1 TL5913
Board of Zoning Appeals Public Notice Sign Procedure:
The petitioner shall incur the cost of the purchasing, placing, and removing the sign. The sign must be
placed in a highly visible and legible location from the road on the property that is involved with the public
hearing.
The public notice sign shall meet the following requirements:
1. Must be placed on the subject property no less than
2. The sign must follow the sign design
requirements:
Sign must be 24" x 36" — vertical
Sign must be double sided
Sign must be composed of weather
resistant material, such as corrugated
plastic or laminated poster board
The sign must be mounted in a heavy -duty
metal frame
3. The sign must contain the following:
• 12" x 24" PMS 1805 Red box with white
text at the top.
• White background with black text below.
• Text used in example to the right, with
Application type, Date*, and Time of
subject public hearing
* The Date should be written in day,
month, and date format. Example:
"Mon., January 23"
4. The sign must be removed within 72 hours of the Public Hearing conclusion
25 days prior to the public hearing
PUBLIC BEARING
Board of Zoning Appeals
Carmel City. Hall
bAppI io •npc)
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For More Information:
i‘veb) www.cannel.in.gov
io 571 -2417
Public Notice Sign Placement Affidavit:
I (We) Paula J. Gartner do hereby certify that placement of the public notice sign to
consider Docket Numberi4o70017 -21v, was placed on the subject property at least twenty -five (25) days prior
to the date of the public hearing at the address listed below.
STATE OF INDIANA, COUNTY OF Marion , SS:
The undersigned, having been duly sworn, upon oath sa
he is informed and believes.
h
Subscribed and sworn to before me this 1 day of
e above
•-or ation is true and correct as
4111.0.
My Commission Expires:
Gc be( 1,1 2_o1(4 .
'1
(Signatur
etitioner)
,20 ILI
Notary Pub
'c
?fir,
BARB BOX
Notary Public, State of Indiana
Hamilton County
My Commission Expires
October obi, 2016
BZA Appeal Application - pg 8 rev. 12/17/2013
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
DocketNo. 14070017V, 14070018V, 14070019V, 14070021
14070021V
Notice is hereby given that the Carmel /Clay Board of Zoning Appeals meeting on the 25th day of
August
, 2014 at 6 : 0 0 pm in the City Hall Council Chambers or Caucus Rooms (choose one),
1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to:
Facilitate the expansion of the existing grocery store.
(Explain your request - -see question numbered seven (7))
The request pertains to real estate comprising approx 0.58 acres.
The request for approval of a Development Standards Variance to allow 40+
sq. ft maximum building footprint, minimum parking spaces, minimum tree
preservation, number of signs and maximum area for Kroger Bldg Expansion.
property being known as (address)
1217 Rangeline Road, Carmel, IN 46032
The application is identified as Docket No. 14 0 7 0 017 - 21V
The real estate affected by said application is described as follows:
(Insert Legal Description or Tax ID parcel number(s))
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.
Paula J Gartner, PE, LEED AP
PETITIONERS
(Note: When mailing out public notices to adjacent property owners, it is recommended that you include a location map, as
well.)
Page 7 - filename: development standards variance 2014 rev. 1/2/2013
LEGAL DESCRIPTION
EXHIBIT "A"
PARCEL I:
PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST IN
HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER SECTION;
THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID
QUARTER SECTION A DISTANCE OF 246.00 FEET TO THE POINT OF BEGINNING MARKED BY A
P.K. NAIL; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PARALLEL WITH THE
NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 767.96 FEET TO A 5/8 INCH DIAMETER
REBAR WITH PLASTIC CAP STAMPED "FIRM 0001" (HEREINAFTER REFERRED TO AS REBAR);
THENCE SOUTH 00 DEGREES 21 MINUTES 04 SECONDS EAST A DISTANCE OF 195.91 FEET TO
A REBAR; THENCE SOUTH 88 DEGREES 57 MINUTES 00 SECONDS WEST A DISTANCE OF 165.44
FEET TO A REBAR; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST PARALLEL
WITH SAID WEST QUARTER LINE A DISTANCE OF 248.27 FEET TO A REBAR; THENCE SOUTH 89
DEGREES 55 MINUTES 00 SECONDS WEST PARALLEL WITH SAID NORTH QUARTER LINE A
DISTANCE OF 600.00 FEET TO SAID WEST QUARTER LINE MARKED BY A P.K. NAIL; THENCE
NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST ALONG SAID WEST QUARTER LINE A
DISTANCE OF 447.00 FEET TO THE POINT OF BEGINNING. CONTAINING 6.911 ACRES MORE OR
LESS.
EXCEPT:
PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 28 NORTH, RANGE 4 EAST IN
HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER SECTION;
THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID
QUARTER SECTION A DISTANCE OF 246.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00
SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF
25.00 FEET TO THE EAST LINE OF RANGELINE ROAD BEING THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH
LINE OF SAID QUARTER SECTION A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 DEGREES 04
MINUTES 45 SECONDS EAST PARALLEL WITH SAID WEST QUARTER LINE A DISTANCE OF
289.42 FEET; THENCE SOUTH 04 DEGREES 42 MINUTES 21 SECONDS EAST A DISTANCE OF
158.07 FEET TO THE SOUTH LINE OF THE LAND TRACT RECORDED AS DEED RECORD 266,
PAGE 3 IN HAMILTON COUNTY RECORDER'S OFFICE; THENCE SOUTH 69 DEGREES 55
MINUTES 00 SECONDS WEST PARALLEL WITH SAID NORTH QUARTER LINE AND ALONG SAID
SOUTH LINE A DISTANCE OF 20.00 FEET TO SAID EAST LINE OF RANGELINE ROAD; THENCE
NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID
QUARTER SECTION_A DISTANCE OF 447.00 FEET TO THE POINT OF BEGINNING. CONTAINING
0.121 ACRES, MORE OR LESS.
PARCEL II
A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL I
OVER A SIXTY FOOT WIDE STRIP OF LAND BEING PART OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 01
DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION
A DISTANCE OF 186.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55
MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A
DISTANCE OF 1199.97 FEET TO THE NORTHERLY EXTENSTON OF THE EAST LINE OF A 60 FOOT
WIDE INGRESS - EGRESS EASEMENT RECORDED AS INSTRUMENT NO. 85 -10515 IN THE
HAMILTON COUNTY RECORDER'S OFFICE; THENCE SOUTH 00 DEGREES 05 MINUTES 00
SECONDS EAST ALONG SAID EXTENSION AND EAST LINE A DISTANCE OF 581.78 FEET TO THE
CENTERLINE OF CARMEL DRIVE; THENCE SOUTH 69 DEGREES 55 MINUTES 00 SECONDS WEST
ALONG SAID CENTERLINE A DISTANCE OF 63.85 FEET; THENCE NORTH 00 DEGREES 06
MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID EASEMENT A DISTANDE OF
543.63 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST PARALLEL WITH
SAID NORTH QUARTER LINE A DISTANCE OF 1138.93 FEET TO SAID WEST QUARTER LINE;
THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST ALONG SAID WEST QUARTER
LINE A DISTANCE OF 60.00 FEET TQ THE POINT OF BEGINNING.
EXCEPT:
A TEN FOOT WIDE STRIP OF LAND BEING PART OF THE SOUTHWEST QUARTER OF SECTION
31, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 01
DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION
A DISTANCE OF 186.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST
PARALLEL WITH THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 25.00 FEET TO
THE EAST LINE OF RANGELINE ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF
SAID QUARTER SECTION A DISTANCE OF 10.00 FEET; THENCE SOUTH 01 DEGREES 04
MINUTES 45 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION A
DISTANCE OF 60.00 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST
PARALLEL WITH SAID NORTH QUARTER LINE A DISTANCE OF 10.00 FEET TO SAID EAST LINE
OF RANGELINE ROAD; THENCE NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST
PARALLEL WITH SAID WEST QUARTER LINE A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.014 ACRES, MORE OR LESS.
2
EMII&' I
Engineers, Surveyors, Planners, Scientists � iM, }'
AUG 1 1 2014
Letter of Transmittal
To: Alexia Lopez From: Paula Gartner, PE
Planning Administrator
Date: August 7, 2014
City of Carmel, DOCS
One Civic Square Job no.: 2014-0525
Carmel, IN 46032
Subject: Kroger J959 Carmel-Docket No:
14070017V-14070021V
We are sending you via: I- Courier I- U.S. Mail r Fed. Ex.
The following items: 1—, copies IT originals (- [other]
Copies Date Description
1 08-07-2014 Notarized Petitioner's Affidavit of Notice of Public Hearings
1 08-07-2014 Notarized Public Notice Sign Placement Affidavit
1 - Adjoiners List
1 - Copy of Public Notice with Publishers Affidavit
These are transmitted as checked below:
FT for approval I- for your file FT as requested F for review & comment
r for execution / signatures IT [other]
Remarks:
Dear Ms. Lopez, Per the email sent to your attention by Barb Box dated July 310 we indicated only 23
days were achieved for the newspaper public notice. All other requirements were met. We appreciate you
making note at the BZA meeting to ask for suspension of the 25 day notice on behalf of EMH&T and the
Kroger Company.
I also wanted to note on the form I signed regarding the Affidavit of Notice of Public Hearing 25 days is
indicated. I changed to 23 and initialed.
If you have any questions, please email me at pgartner @emht.com or call me at 317-806-6550.
41IP
For EMH&T: Alr
Paula Gartner, PE
If enclosures are not as noted,kindly notify us at once.