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Home My WebLink AboutPublic Notice N' .. -i ~ ~ ;. -,' ~ -y ,. NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS HEARING OFFICER FOR THE CITY OF CARMEL, INDIANA Docket No. 06020009V I....~'r. ~l~Wl, ~it.:ut.i \1 [:u 't :: 2Jj;n r10J'S' iCJ 'JWl NOTICE IS HEREBY GIVEN that the Board of Zoning Appeals Hearing Officer for the City of Carmel, Indiana ("BZA Hearing Officer"), meeting on the 27th day of February, 7' 2006, at 5:15 o'clock p.m., in the Caucus Room on the Second Floor, City Hall Building, One Civic Square, Carmel, Indiana 46032, will hold a Public Hearing regarding a request for developmental standards variance pertaining to the real estate identified in Docket No. 06020009V (the "Variance Application") and said real estate (the "Real Estate") is described in Exhibit "A" which is attached hereto. The Real Estate is zoned as the Arden Planned Unit Development Ordinance, and is approximately 12.72 acres in size, and is generally located north of and adjacent to 136th Street, West of Keystone Avenue, east of Rangeline Road in Carmel, Indiana, in Hamilton County, Indiana. The Real Estate is also located west of and adjacent to the Carmel High School Football Stadium. The common address of the Real Estate is 1940 East 136th Street, Carmel, Indiana. The proposed Variance Application requests approval to vary Section 8.4 of the Arden PUD Ordinance No. Z-482 as it pertains to Perimeter Planting and Bufferyard requirements. The Applicant seeks to utilize the existing offsite tree buffer area that is located east of the Real Estate on the Carmel High School Property. Copies of the proposed Variance Application is on file for examination at the Department of Community Services, One Civic Square, Carmel, IN 46032, telephone 317/571-2417. All interested persons desiring to present their views on the above proposed Variance Application, either in writing or verbally, will be given an opportunity to be heard at the above- mentioned time and place. Written objections to the proposed Variance Application that are filed with the Department of Community Services prior to the Public Hearing will be considered and oral comments concerning the proposed Variance Application will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel BZA APPLICANT Buckingham Properties, Inc. c/o Sara Nasuti 333 N. Pennsylvania St., Tenth Floor Indianapolis, IN. 46204 317/924-1234 ATTORNEY FOR APPLICANT James E. Shinaver NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317/844-0106 H :\brad\Buckingham\Arden\Notice-BZA.doc ~- I. .-- ;~,. " --... i EXHIBIT" A" Land Description (Per Survey) A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest comer of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast comer of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract ofland 206.05 feet to the southeastern line of the Indiana Union Traction Company ("JUT") right-of-way (said line being 33 feet by parallel lines from the center line of said right-of-way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest corner ofthe west abutment of the JUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100.00 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60.00 feet; 5) South 30 degrees 00 minutes 00 seconds West 65.00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning, containing 12.721 acres, more or less. H :\Janet\Buckingham\Megenhardt-Arden\Notice-PC .doc ..-- -I , if .. I), .....'::1 "' ..' / NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINA VER LAWRENCE J. KEMPER JOHNB. FLATI FREDRIC LAWRENCE DAVID J. LICHTENBERGER of counsel JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, IN 46280 317-844-0106 FAX: 317-846-8782 www.nf-law.com February 15, 2005 VIA FACSIMILE: 444-8806 AND E-MAIL: PublicNotices@indystar.com Indianapolis Star Attention: Carol Mitchell Re: Request to Publish Notice of Zoning Hearing Carmel Board of Zoning Appeals Buckingham Properties, Inc. Docket No. 06020009V Dear Carol: Enclosed please find a Notice of Public Hearing to be published in The Indianapolis Star on or before Friday, February 17, 2006. Thank you for your assistance in this matter, and please call with any questions. Very truly yours, NELSON & FRANKENBERGER JES/kat Enclosure H:\brad\Buckingham\Arden\Indpls. Star Itr 2-15-06.doc ..-- .a f' 'tl P. '. ; * * * COMMUNICATION RESULT REPORT ( FEB. 15.2006 9: 19AM ) JI( JI( JI( FAX HEADER 1: NELSON FRANKENBERGER FAX HEADER 2: REASON FOR ERROR E-l) HANG UP OR LINE FAIL E-3) NO ANSWE R E - 5) MA I L S I Z E OV E R E-2) BUSY E-4) NO FACSIMILE CO TRANSMITTED/STORED: FEB. 15.2006 9: 19AM FILE MODE OPTION ADDRESS ------------------------------------------------------------------------- 3330 MEMORY TX G3 :4448806 ------------------------------------------------------------------------ NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENC,.-r.: J. KEMPER ]O'HN B. FLATT FREDRIC LAWRENCE DAVID]. LICHTENBERGER Of Counsel: JANE B. MElUuLL 3105 EAST 98TH STREET SUI'IE 170 INDIANAPOLIS. INDIANA 46280 317-844-0106 FAX 317-846-8782 'l)J\.UW I'lf-law.cnm FAX TRANSMISSION COVER SHEET Date: February 15,2006 To: CaJ:ollvIitchell Compa.ny: Indianapolis Star Fax: 444-8806 Pages: ] am.es E. Shinaver ~ (!Deluding cover sheet) From: Phone: 317-844-0106 Notes: RequeS1: to Publish Notice of Zoning Hearing Carmel Board of Zoning Appeals Buckingham. PIopeIries. Inc. Docket No. 06020009V ********************************************************************************~~********* The infonnation cont4ined in this facsimile .nessllge is intended only IOJ: th.e uS,e of the individual or entity named above. If the J:e9oder ~ J:ecipient of this :message is not the intended J:ecipiwt 01" an c:mployee OJ: agent of the intended recipient who is :t:esponsible for delivering it to the inte%l.ded recipient, you are hereby notified that any cllssem.i.nation, distribution OJ: cop)'ing of thilt co=r.o.\1<lieation is suktly PJ:Ohiliited. If you have received this comm.WJication in enor, please notify ~ by telephone (collect) and %etwn the original message to us at the above indicated adckess via the U.S. Postal Service. Receipt by Ulyone othel" than the intended recipient is DOt: a waiver of 1In attomey-client 0% wo.tk product privilege. i Margie Ferguson ~~h.WW\-,~VM ~ From: Tenille.Jones@indystaLcom on behalf of PublicNotices@indystaLcom Sent: Wednesday, February 15, 2006 10:19 AM To: Margie Ferguson Subject: Re: Publication of Notice of Zoning Hearing Attachments: Indpls. Star Itr 2-15-06.doc; Notice-BZA.doc 'I,."! .j :.. t,' . ~.: "" This is ordered now to publish 1x on 2/17. The total cost of your advertisement is $623.75 which includes the cost of two affidavits. Additional affidavits are available at a reduced rate upon request. I This notice will also appear online for 7 days beginning on the first day of publication at www.lndyStaLcom. Select Classifieds - "Items" - . public notices - legals. Thank you, "Margie Ferguson" <margle@NF-LAW.COM> To <publicnotices@indystar.com> cc Subject Publication of Notice of Zoning Hearing 02/15/200609:19 AM Please see attached letter and Notice of Public Hearing for publication in your paper. I am also faxing you a copy of same. Please confIrm that you get this via e-mail or phone call. We are requesting that this be published this Friday, February 17,2006. Thanks for your help! <<Indpls. Star Itr 2-15-06.doc>> <<Notice-BZA.doc>> Margie Ferguson, Legal Assistant NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis IN 46280 Phone (317) 844-0106 Fax (317) 846-8782 e-mail: margie@nf-law.com ~.J1J::!~lY.S;Qm 2/15/06 ~ Bvd~~- ~;PN V~';I&VI(l fA"5+-. NAl}llilrON COUNTY AUDITOR I, ROBIN MILLS, AUDITOR OF HAMILTON COUNTY, INDIANA, CER11FY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBJT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABUTTING PROPERTY OWNERS TO 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 MILLS, HAMILTON COUNTY AUDITOR DATED: '2--IS- OG ~~ // / I ! ;\ /,-\, .'i; .", \- Wednesday, February 15, 2006 Page 1 of1 .. "--s- \ K ; HAMILTON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 16-10-19-00-00-011.000 Subject Megenhardt. Thoma Kendall & John Dennis eta11/3 int 1940 136th St E Carmel IN 46032 16.10-19-00-00-009.000 Neighbor . Carmel High School Building Corp PO Box 10 NOBLESVILLE IN 46061 16.10-19-00-00-012.000 Neighbor John D & Paula M Mcrill 839 Rangeline Rd N Carmel IN 46032 16-10-19-00-00-016.000 Neighbor City Of Carmel One Civic Sq Carmel IN 46032 16-10-19-00-00-021.000 Neighbor Robert G Trustee Butler 3232 Harper Rd Indianapolis IN 46240 Wednesday, February 15, 2006 Page 1 of2 ti', ., ,! .. :.... .. 16-10-19-00-00-023.000 Neighbor Carmel Woods LLC 320 ANN ARBOR Main St N #200 PO Bo MI t 48104 16-10-19-00-00-030.000 Neighbor Carmel High School Building Corporation PO Box 10 NOBLESVILLE IN 46061 16-10-30-00-00-004.000 Neighbor Jack & Linda D Critser 2111 136th St E Carmel IN 46032 17 -10-30-00-00-001.000 Neighbor 1841 CARMEL 136th St E Bird, David C & Kimberly Ann Young TIC wILE to Ronald t IN 46032 17 -10-30-00-00-001.001 Neighbor Cook, Steven C & Sandra Bird Korzna TIC 210 CARMEL Seventh 8t NE IN 46032 17 -10-30-00-00-003.000 Neighbor Nancy Dannin Jacobs 1945 136th 8t E Carmel IN Wednesday, February 15, 1006 46032 Page 1 ofl 013 ~ 0- .i . . -) II: o ~ !!! ;:. ;t II: '- ,g.- e s; ~ '1." <:>~ -l.~~ q~<'; -1'1> "if... CRtt"- 6\. COO\. is hi 5 ~ ~ QR >r\\\.\.C)Q 6\.>JQ cRtt"- COO\. C3 '~o~' @ ~.66 Ac. 012.002 .., Ie. 012...llil.3 0.83 II; (;3. ta Ie. ---------- ------------~~~~~~~--------------------------- QQ! QQ!O to Ac:. 038 2.40 Ie. ~ 002 ~ ~ 003 ~ 037 u ~ ~d 001 2.3 Ac. 006 4.9 Ie. 036 001 c1ayeast1_p.dgn 2/15/2006 8:49: 11 AM NOTICE OF PUBLIC HEARING BEFORE THE ,OARD OF WNING APPEALS HEARING OFFICER FO THE CITY OF CARMEL, INDIANA Docket No. 06020009V .,- { .,A. , :.\.....-' ". 6 \, NOTICE IS HEREBY GIVEN that the Board of Zoning Appeals Hearing Officer for the City of Carmel, Indiana ("BZA Hearing Officer"), meeting on the 27t11 day of February, 2006, at 5:15 o'clock p.m., in the Caucus Room on the Second Floor, City Hall Building, One Civic Square, Carmel, Indiana 46032, will hold a Public Hearing regarding a request for developmental standards variance pertaining to the real estate identified in Docket No. 06020009V (the "Variance Application") and said real estate (the "Real Estate") is described in Exhibit "A" which is attached hereto. The Real Estate is zoned as the Arden Planned Unit Development. Ordinance, and is approximately 12.72 acres in size, and is generally located north of and adjacent to 136th Street, West of Keystone Avenue, east of Rangeline Road in Carmel, Indiana, in Hamilton County, Indiana The Real Estate is also located west of and adjacent to the Carmel High School Football Stadium. The common address of the Real Estate is 1940 East 136th Street, Carmel, Indiana. The proposed Variance Application requests approval to vary Section 8.4 of the Arden PUD Ordinance No. Z-482 as it pertains to Perimeter Planting and Bufferyard requirements. The Applicant seeks to utilize the existing offsite tree buffer area that is located east of the Real Estate on the Carmel High School Property. Copies of the proposed Variance Application is on file for examination at the Department of Community Services, One Civic Square, Carmel, IN 46032, telephone 317/571-2417. , All interested persons desiring to present their views on the above proposed Variance Application, either in writing or verbally, will be given an opportunity to be heard at the above- mentioned time and place. Written objections to the proposed Variance Application that are filed with the Department- of Community Services prior to the Public Hearing will be considered and oral comments concerning the proposed Variance Application will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel BZA APPLICANT Buckingham Properties, Inc. c/o Sara Nasuti 333 N. Pennsylvania St., Tenth Floor Indianapolis, IN. 46204 317/924-1234 ATTORNEY FOR APPLICANT James E. Shinaver NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317/844-0106 H:\brad\Buckingham\Arden\Notice-BZA.doc ...... .. ,~ I EXHIBIT "A" Land Description (Per Survey) A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest comer of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast comer of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company ("IUT") right-of-way (said line being 33 feet by parallel lines from the center line of said right-of-way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest comer of the west abutment of the IUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100.00 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60.00 feet; 5) South 30 degrees 00 minutes 00 seconds West 65.00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning, containing 12.721 acres, more or less. H:\Janet\Buckingharn\Megenhardt-Arden\Notice-PC.doc OFTHE - - - - - - - - -CERTiFiED iVlA/l,:- -- .~~-~I mes 'E. Shinaver ELSON & FRANKENBERGER .05 East 98th Street, Suite 170 dianapolis, IN 46280 I I 111111 7004 2510 DQD4 415D~ 4~O~~.~$.4-0~ ~O'4 City Of Cannel One Civic Sq Cannel, IN 46032 __ _^V ________. .. ~~fSPOsJ:q,.. . B~~ ~_ ... I ----.....-...._ ~ - PITNEY BOWES 02 1P $ 004.640 : 0002155107 FEB 17 2006 'MAILED FROM ZIPCODE46280 B .1 /'} ~ /, - '4 \\\ .RECEIVED . ,. \ " Ff8 222008 -I \ D I \: /-\ Des ' ~>~.- .,""' ) .,. IIf 1.1111 fI"1 "II. "1.1,, I .,.,.,. I ..1 ;"11 III .11.,.11. I .,.,