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NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. PZ-2101-0100 V PZ-2101-0105 V PZ-2101-0106 V Notice is hereby given that during the Carmel Board of Zoning Appeals meeting on the 28 th day of June, 2021 at 6:00 P.M., in the City Hall Council Chambers, located at 1 Civic Square, 2 nd Floor, Carmel, IN 46032, a Public Hearing shall be held upon a Development Standards Variance application, filed by Don Rigo Properties, LLC, to consider the following three requested variances: 1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. With the property being known as 7299 East 146 th Street, Carmel, IN 46033. The application is identified as Docket No. PZ-2101-0100 V, PZ-2101-0105 V, and PZ-2101-0106 V The real estate affected by this application is described as follows: State Parcel Number 29-10-23-000- 001.903-018 and Local Parcel Number 17-10-23-00-00-001.903. The petition may be examined on the City’s website, through Public Documents – Laserfiche. All interested persons desiring to present their views on the application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. PETITIONER: Don Rigo Properties, LLC by William T. Niemier, Attorney at Law PUBLISHER'S AFFIDAVIT State of Indiana ) ) ss: Versatile Construction: Dockets PZ-2101-010OV, 0105V & 0106V Hamilton County ) Personally appeared before me, a notary public in and for said county and state, the undersigned Brian Kelly who, being duly sworn, says that he is Publisher of Current in Carmel newspaper of general circulation printed and published in the English language in the city of Carmel 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 one (1) time(s), the date(s) of publication being as follows: 06/o8/zozl Subscribed and sworn to before me this June Sth, 2021. � r•... ara� reenl+erg :o`"a n'i'� Notary Public, Stale of Indianat j SEAL ��� Hamlllon County ,y Commission Numbor 5a5606 At �`ti,:noya,!;..s A1Y Commission Expires ARRR .Dacamber 2S. 2021 IN[ I".,/ My commission expires: 12.2U� WZ( Publisher's Fee: $30.95 Prescribed by State Board of Accounts General Form No. 99P (Rev. 2021) _Versatile Construction To: Current Publishing City of Carmel 30 S Rangeline Rd, Carmel, IN 46032 _Hamilton Comity, Indiana PUBLISHER'S CLAIM LINE COUNT Display Master (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) -- number of equivalent lines Body -- number of lines _44 Total number of lines in notice _44 COMPUTATION OF CHARGES _22_lines, _2columns wide equals _44_ lines at_$0.7034 Additional charges for notices 2 containing rule or tabular work (50 per cent of above amount). $_0.00 Charge for extra proofs of publication ($1.00 for each proof in excess of two TOTAL AMOUNT OF CLAIM $ _30.95 DATA FOR COMPUTING COST Width of single column in picas.: _9p3_ Size of type_7_point. L adheres that no part of the same has been paid. I also certify that the printed matter attached hereto is a true copy, of the same column width and type size, which was duly published in said paper 1 time. The dates of publication being as follows: Tuesday, June 8th,2021 Additionally, the statement checked below is true and correct: ..... Newspaper does not have a Web site. ...x Newspaper has a Web site and this public notice was posted on the same day as it was published in the newspaper. ..... Newspaper has a Web site, but due to technical problem or error, public notice was posted on ..... Newspaper has a Web site but refuses to post the public notice. Date ............. Tuesday, June 8th, 2021................... 1'it1e..............Office /Accounts Receivable Manager and Legal Advertising. Current Pub, is, Hng Electronic Tear Sheet Publication: Current in Carmel I Date: June 8, 2021 Page: 33 Let your (master bathroom) light shine Commentary by BIII Bernard When we talk to homeowners about re- modeling their master bathrooms, we regu- larly hear about a large I I tub that often goes unused and a relatively small shower that gets used constantly. The bathroom pictured here Is one such bathroom. The -before• picture shows a rather large built -In tub placed In between a relatively short (height and length) vanity and a fully enclosed and cramped shower. A large glass block window brought sunlight Into the room, but the light was largely blacked off by the walls enclosing the shower. It was Important to our homeowner that we find a way to let the light coming through the window fill the space. Eliminating the tub allowed us to relo- cate the shower to the corner of the room In front of the window. By enclosing the shower with clear glass walls, the light from the window was allowed to spread across the entire width of the room. We tilled the walls of the shower and vanity with bright white, oversized subway tiles that extended to the underside of the Belore-and-alter results of a master bathroom remodel. !Submitted phorosi BEFORE sloped celling. The black fixtures. floor tile. accessories and accents, in contrast with the white tiles, countertop, cabinets and room trim, create a clean crisp look. Let us help you let your light shine through. Stay home, be moved RIIIRernard works far He has mom by O years orks•. He has more than 30 years of penance and can be rsarnad at blll@chaosesurtoundinguom. u a. 2021 33 Currentin[a�mmel a NOCARMELTAXPANA CARMEL, LICHEA NOTICEOFPUBLIC HEARING FOR ADDITIONAL APPROPRIATION front N GENERAL FUND (1401) Ordinance to totax Notice is hereby given 10 Na taxpayers a me City of Carmel, Hamiltoncounty, City o Indiana, Net Me legal of theCityl Carmel,O o regular meeting council place at Carmel at 6Hall, ono Civic Square, ne,202 Chambers al 8 p.m. on tin 21st day he IN n In emess will obuconsider Me following appropdallon In excess of Na budget for 2021: f2ND O from the GENERAL FUND OPERATING Balances TO City Clerkad-Time Line Item 411100a— Part-Timee for 00.00 Mene The source of revenue for Me above is Me Generel Fund (N101). Taxpayers appearing at Me meeting shall have e right bdebe beard. Theadditional Deparrmenaf finalry mod. vm nt inanea to ere Deprtment of Local Government Finance. The Department will make a written determination as to Me sumtlenav of PZ-2101-01g5 V PZ-2101-0108 V ocra Notice k hereby given Thal during Na Carmel Board INZoning Appeals meeting on Ne 28ih day IN June, 2021 et 8:00 P.M.. In Na Ciry Hall Council Chambers, located at 1 CiNc Square, 2nd Floor, Carmel. IN 48032, a Publk Hearing shell be hall upon a Development Standards Variance applkatbn, fled by Don Rigo Pmper ies, LLC, b cansHer the following three requested variances: 1. PZ-2101-DIM V. Three wall signs are requested and way Mro are allowed under Secuon 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V.A30 fool building setback is requested along Hopewell Parkway and a 151oot setback Is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 paddng spaces are requested and TO parking spaces are required under Section 5.28 of Ne Unified Development Ordinance. fin the property being brown as 72N East 146N Street, Carmel, IN 46033. The application Is Identified as Docket No. PZ-2101-0100 V, PZ-2101-0105 V. and PZ-21o1-0108 V The real estate elected by his anpication is described as follows: Stale Parcel Number 29.10-23-000- application, either in ier, Attorney el Law ONE OF l THOSE DAYS? HELP UST MINTER AROUND THE CORNER. DRUM Is 377.,867.0900 f zt IL E.{la µ su r, w.et R oast ALL ON US AT ANY TIME FOR SERVICES INCLVDINGPEMAIL SETUP AND Prior WORpNO wTUP AND4of PORT nca oOSUwaaoeureoar eRa uluarConwraa Muxtaaaace anosa.es WE ARE YOUR APPLE SUPPORT EXPERTSI PUBLIC NOTICE SIGN PLACEMENT AFFIDAVIT I, William T. Niemier, attorney for Don Rigo Properties, LLC, do hereby certify that placement of the public notice sign to consider Docket Numbers PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V was placed on the subject property on June 7, 2021, which is more than 20 days prior to June 28, 2021, the date of the public hearing, at the address listed below: 7299 East 146°i Street, Carmel, IN 46033 The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. G%/✓,4�GG�w�wl l% C erg William T. Niemier, Attorney for Don Rigo Properties, LLC STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally appeared William T. Niemier, attorney for Don Rigo Properties, LLC and acknowledged the execution of the foregoing Public Notice Sign Placement Affidavit on this 71 day of June, 2021. My Commission expires: 11-8-2023 County of Residence: Hamilton Commission Number: 675197 Notary Public - Printed �a1O1�., JANEiLCASE 090 F oA��w Notary Publlo, Et0 0 of Intllona �NouR�t, Hamilton County Commission M 676197 l SEAL.% My Commission Expires '%;,A,, `�� November 08, 2023 Page 7 of 12 Filename: development standards variance application &instructions 2020 Revised 1/2/2020 ARM-'xnirar'i�i., nir'1: NT-uII+a •o r _ _ PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL ADVISORY BOARD OF ZONING APPEALS I, William T. Niemier, attorney for on Rigo Properties, LLC, do hereby certify that a copy of the Notice of Public Hearing Before The Carmel Board of Zoning Appeals concerning Docket Numbers PZ- 2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V, was registered and mailed on May 28, 2021, which is more than 20 days prior to June 28, 2021, the date of the public hearing on these docket numbers to the following adjacent property owners: OWNER Legacy Towns &Flats LLC Tin Tin LLC Brockton Companies LP Pedcor Investments 2005 LXXXI LP Tom Edens Enterprises LLC Falcon Nest II LLC AlK Realty 365 LLC ADDRESS 805 City Center Drive, Suite 120, Carmel, IN 46032 P.O. Box 370, Mc Lean, VA 22101 770 3' Avenue SW, P.O. Box 574, Carmel, IN 46032 P.O. Box 574, Carmel, IN 46032-0574 P.O. Box 509, Noblesville, IN 46061 1356 Beverly Road, Suite 250, Mc Lean, VA 22101 14570 River Road, Suite 145, Carmel, IN 46033 The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. William T. Niemier, Attorney for Don Rigo Properties, LLC STATE OF BIDIANA ) SS: COUNTY OF MARION ) Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally appeared William T, Niemier, attorney for Don Rigo Properties, LLC and acknowledged the execution of the foregoing Petitioner's Affidavit of Notice of Public Hearing on this t' day of June, 2021. �:Ja-nL Oizs�,, Noty ublic — Signature Notary Public - Printed My Commission expires: 11-8-2023 County of Residence: Hamilton Commission Number: 675197 ."�ii'e'"�o, JANET L CASE ��`�: '••• �"4 Npbry PUbIIC, Siple of Intllpnp �: "o._'..�"�,•: Hpmilton County '•,SEAL,: CommISSIon S 676197 IWO% NoMy 1 vember0BE2023 Page 9 of 12 Filename: development standards variance application &instructions 2020 Revised 1/2/2020 ;! qp e madS \ ««10op,oIISAu7_poee m } :! um Apo:) ein;euihm $ t !! 4dieooN un N ® < { aqa 110131ilsaid% _ « _ §! aqa populseg e� u BBnm \ § §! poilinball air jeuftInp \ SL §§ -- E !f - ƒ/) { mram #` $ JGAO Ae#a,»NJ.+ANDkpum 0 E & X m §\! ( /! 2 \ o > �k � ( � k ) ! f tj :0110El/ ! i■ - . ��; \/\\����� \ }�� Cw zr © a ` 1 ` e, v . o::::D11 11 f( c \ E \7 E; / ) kf � I ; \ \ \# Plat Auditor From: INTERNETGUEST Sent: Wednesday, May 12, 2021 12:20 PM To: Plat Auditor Subject: Online Adjoiner Request CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. POSSE Job #: AR-2021-0184 Zoning Authority: Carmel Planning Parcel # of Property: 1710230000001903 Additional Parcel #: „ „ , „ „ , Owner: Don Rigo Properties LLC Petitioner: Versatile Construction Group, LLC Contact: Shari Doty Contact Phone: 3175353579 Contact Email: sdoty@versatile-11c.com 1 HAMILTON COUNTY AUDITOR I, ROBIN M. MILLS, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS MARKED AS NEIGHBORS ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660' FEET FROM THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. ROBIN M. MILLS, HAMILTON COUNTY AUDITOR DATE SUBJECT PROPERTY: 17-10-23-00-00-001.903 Subject Don Rigo Properties LLC 6945 N Laredo Dr Mc Cordsville IN 46055 Pursuant to the provisions of Indiana Code 5-14-3-3-(e), no person other than those authorized by the County may reproduce, grant access, deliver, or sell any information obtained from any department or office of the County to any other person, partnership, or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list, addresses, or databases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person. Page 1 of 1 HAMILTON COUNTY NOTIFICATION LIST PLEASE NOTIFY THE FOLLOWING PERSONS 10-10-14-00-00-007.003 Brockton Companies LP 770 3rd Ave SW PO Box 574 Carmel IN 46032 Neighbor 10-10-14-00-00-007.102 Pedcor Investments 2005 LXXXI LP PO BOX 574 Carmel IN 46082 0574 Neighbor 10-10-14-04-01-001.000 Tom Edens Enterprises LLC PO Box 509 Noblesville IN 46061 Neighbor 10-10-14-04-01-004.000 Tom Edens Enterprises LLC PO Box 509 Noblesville IN 46061 Neighbor 17-10-23-00-00-001.003 Falcon Nest II LLC 1356 Beverly Rd Ste 250 Mc Lean VA 22101 Neighbor 17-10-23-00-00-001.203 Legacy Towns & Flats LLC 805 City Center Dr Ste 120 Carmel IN 46032 Neighbor 17-10-23-00-00-001.603 TinTin LLC PO Box 370 Mc Lean VA 22101 Neighbor 17-10-23-00-05-061.000 Falcon Nest II LLC Neighbor Page 1 of 2 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING 1356 BEVERLY RD STE 250 Mc Lean VA 22101 17-10-23-00-14-010.000 ARK Realty 365 LLC 14570 River Rd, Ste 145 Carmel IN 46033 Neighbor Page 2 of 2 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING E Q U A L I T Y B LV D NATI ONAL DRSIMPLICITY PKYNATIONALWAYFRIENDS WAYOXFORDSHIRE BLVD COMMUNITY DROXFORDSHIRE WAYOX F O R D S H I R E B LV D T E S T I M O N Y AV EALNWICK LNCHATSWORTH DRHOPEWELL PKY E 146TH ST GRAYLAN PL001.203 001.503 001.603 001.903 004 001 007.003 007.003 007.102 017.001 003 017 007.001002 061 001.003 001.003 001.003 001.003 Adjoiner Notification Map Legend ±Subject Parcel(s) Notification Parcel(s) Buffer Parcel Boundary 001 Parcel Number AsIEVA i►LN WAS EIllri WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 Legacy Towns &Flats LLC 805 City Center Drive, Suite 120 Carmel, IN 46032 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 146d' Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001.903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 28, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2°d Floor, 1 Civic Square, Carmel, IN 46032. You are welcome to attend this public hearing if you desire to do so, but your attendance is not required. I am also happy to answer any questions you may have or to share any additional information regarding this project. Please contact me at 317-459-3878 if you desire further information or to discuss this project. Thank you. Very truly, n William T. Niemier Counsel for Don Rigo Properties, LLC Enclosures: Notice of Public Hearing Before the Carmel Board of Zoning Appeals Location Map Building Elevation Diagrams ATTORNEY AT LAW WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 Tin Tin LLC P.O. Box370 Me Lean, VA 22101 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 146t" Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001.903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 28, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2"d Floor, 1 Civic Square, Carmel, IN 46032. You are welcome to attend this public hearing if you desire to do so, but your attendance is not required. I am also happy to answer any questions you may have or to share any additional information regarding this project. Please contact me at 317-459-3878 if you desire farther information or to discuss this project. Thank you. Very truly, William T. Niemier Counsel for Don Rigo Properties, LLC Enclosures: Notice of Public Hearing Before the Carmel Board of Zoning Appeals Location Map Building Elevation Diagrams ATTORNEY AT LAW WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 Brockton Companies LP 770 P Avenue SW, P.O. Box 574 Carmel, IN 46032 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 146°i Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001,903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. P7-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.b of tihe Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 28, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2" d Floor, 1 Civic Square, Carmel, IN 46032. You are welcome to attend this public hearing if you desire to do so, but your attendance is not required. I am also happy to answer any questions you may have or to share any additional information regarding this project. Please contact me at 317459-3878 if you desire further information or to discuss this project. Thank you. Very truly, William T. Niemier Counsel for Don Rigo Properties, LLC Enclosures: Notice of Public Hearing Before the Carmel Board of Zoning Appeals Location Map Building Elevation Diagrams ATTORNEY AT LAW WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 Pedcor Investments 2005 LXXXI LP P.O. Box 574 Carmel, IN 46032-0574 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 146a' Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001.903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 28, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2" d Floor, 1 Civic Square, Carmel, IN 46032. You are welcome to attend this public hearing if you desire to do so, but your attendance is not required. I am also happy to answer any questions you may have or to share any additional information regarding this project. Please contact me at 317-459- M if you desire further information or to discuss this project. Thank you. Very truly, ��Vc �' � i William T. Niemier Counsel for Don Rigo Properties, LLC Enclosures: Notice of Public Hearing Before the Carmel Board of Zoning Appeals Location Map Building Elevation Diagrams ATTORNEY AT LAW WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 Tom Edens Enterprises LLC P.O. Box 509 Noblesville, IN 46061 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 146`h Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001.903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.1I.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 29, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2°' Floor, I Civic Square, Carmel, IN 46032. You are welcome to attend this public hearing if you desire to do so, but your attendance is not required. I am also happy to answer any questions you may have or to share any additional information regarding this project. Please contact me at 317-459-3878 if you desire further information or to discuss this project. Thank you. Very truly, William T. Niemier Counsel for Don Rigo Properties, LLC Enclosures: Notice of Public Hearing Before the Carmel Board of Zoning Appeals Location Map Building Elevation Diagrams ATTORNEY AT LAW WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 Falcon Nest II LLC 1356 Beverly Road, Suite 250 Me Lean, VA 22101 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 146`" Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001.903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 28, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2"d Floor,1 Civic Square, Carmel, IN 46032. You are welcome to attend this public hearing if you desire to do so, but your attendance is not required. I am also happy to answer any questions you may have or to share any additional information regarding this project. Please contact me at 317-459-3878 if you desire further information or to discuss this project. Thank you. Very truly, �i� William T. Niemier Counsel for Don Rigo Properties, LLC Enclosures: Notice of Public Hearing Before the Carmel Board of Zoning Appeals Location Map Building Elevation Diagrams ATTORNEY AT LAW WILLIAM T. NIEMIER 21 EAST MAIN STREET, BOX 441 NEW PALESTINE, IN 46163 TELEPHONE: (317) 459-3878 E-Mail: niemier@sbcglobal.net May 28, 2021 ARIL Realty 365 LLC 14570 River Road, Suite 145 Carmel, IN 46033 RE: Docket Numbers: PZ-2101-0100 V, PZ-2101-0105 V and PZ-2101-0106 V Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney Property Address: 7299 East 1461h Street, Carmel, IN 46033 State Parcel No: 29-10-23-000-001.903-018 Local Parcel No 17-10-23-00-00-001.903 Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07) Request for Three Variances of Development Standards Dear Neighboring Property Owners: I represent Don Rigo Properties, LLC, the owner of the above described real estate. Enclosed is a notice form that I am required to provide to all owners of properties surrounding this project. I would also like to take this opportunity to share additional information as to why these three variances should be granted. My client currently owns and operates twelve restaurants and it desires to construct and operate an up -scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As part of the design and permit process, we are requesting the following three variances of the existing PUD and/or Unified Development Ordinance: 1. 11Z-2101-0100 V: Three wall signs are requested and only two are allowed render Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16. 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required wtder Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. Enclosed are color renderings of the building elevations showing the high design standards and quality construction materials that are proposed for this project. I have also enclosed a map showing the exact location of this project. My client is very excited about this location and believes it will be a successful addition to its chain of restaurants. As stated in the enclosed notice, a public hearing will be held on June 28, 2021 at 6:00 PM before the Carmel Board of Zoning Appeals, in the Council Chambers at the Carmel City Hall, 2nd Floor, 1 Civic Square, Carmel, IN 46032. You NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS DocicetNo, PZ-2101-0100 V PL-2101-0105 V PZ-2101-0106 V Notice is hereby given that during the Carmel Board of Zoning Appeals meeting on the 28t1 day of June, 2021 at 6:00 P.M., in the City Hall Council Chambers, located at I Civic Square, 2"d Floor, Carmel, IN 46032, a Public Hearing shall be held upon a Development Standards Variance application, filed by Don Rigo Properties, LLC, to consider the following three requested variances: 1. PZ,-2101-0100 V: Tluee wall signs are requested and only two are allowed under Section 5.39.H.2.b of the Unified Development Ordinance and PUD Section 16, 2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot setback is required under Section 5.19 of the Unified Development Ordinance and PUD Section 10. 3. PZ,-2101-0106 V: 70 parking spaces are requested and 70 parking spaces are required under Section 5.28 of the Unified Development Ordinance. With the property being known as 7299 East 146`" Sheet, Carmel, IN 46033. The application is identified as Docket No. PZ-2101-0100 V, PZ-2101-0105 V, and PZ-2101-0106 V The real estate affected by this application is described as follows: State Parcel Number 29-10-23-000- 001.903-018 and Local Parcel Number 17-10-23-00-00-001.903. The petition may be examined on the City's website, tlurough Public Documents — Laserf che. All interested persons desiring to present their views on the application, either in writing or verbally, will be given an opportunity to be heard at the above -mentioned time and place. PETITIONER: Don Rigo Properties, LLC by William T. Niemier, Attorney at Law N I W; C I '';OMENOMEN + �mmm■ q 'ONION Cr.� 111 III