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HomeMy WebLinkAboutCorrespondence u NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION A'ITORNEYS.AT-IAW u .. ;. y: February 27, 2001 3021 EAsr 98th SrREEr Sum 220 1NotANAPous, INDiANA 46280 317~106 FAX: 317-846-8782 JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SlDNA VER IAWRENCE J. KEMPER JOHN B. FlATT of counsel JANE B. MERRIIL Mr. Laurence M. Lillig, Jr. Department of Community Services One Civic Center Carmel, IN 46032 If; ~@ I " ,\ ....: . " ~ ~~{J'jSt,~ ,:; ~I\ (,. , (.~ _~tj) l.~' '\, \ \ \ 'i;)r.:J6T1 LJ'fj' } ,.' /\ ; "- \\-.~\:'~ i:,"'. /./~, ' . '-.1,1/' \ .\.1 /' >- "<"J:'~n.:t))f Re: JC HartJCP Morgan - North Haven Dear Laurence: Enclosed is a copy of the second letter from Dan Borba which was submitted to the Board of Zoning Appeals. I thought you would want this for your file. Should you have any questions or comments, please do not hesitate to call me. Thanks. Very truly yours, NELSON & FRANKENBERGER c~ Charles D. Frankenberger CDF/jlw Enclosure F:\UserlJanetIIC Hart\Lillig Itr 022701.wpd u u Williamson Run Homeowners Association, Inc. ,; February 26, 2001 Carmel/Clay Board of Zoning Appeals /: /'. //'" ' (........../ /-_1 " --1 I - \~j \ ~~\ \ -'\ \')\.'''- /~-/ "<:'-~Lrr \.'~:~:>> $~ 11 -. 1"[8 ~4Wt;,?fi;) /6' is'/!!; bOCb <'t?t?/ Re: North Haven Mixed Use Project (the "Project") 162-00-Z ("Application") Dear Members of the Board of Zoning Appeals: I am the President of the Williamson Run Homeowners Association, and also a member of the Board of Directors. In connection with the rezone of the above-referenced real estate, we filed with the Plan Commission the attached letter dated October 17, 2000. The letter evidences our support. To further show our support, I have personally attended numerous meetings regarding this project. I would have attended this meeting, as well; unfortunately, this particular meeting falls on a night when I cannot be present. However, we want to affirm everything in the letter dated October 17, 2000, and to restate our support of this project and the approvals requested of you. on un Homeowners Association, Inc. I P. Borba, President 10545 Power Drive Carmel, IN 46033 (H) 571-8656 (B) 875-8755 Ext. 223 e-mail (H)Drjea10545@aol.com (B) dborba@kiwanis.org o NELSON U & FRANKENBERGER A PROFESSIONAL CORPORATION AITORNEYS.AT.{A W JAMES J. NElSON CHARLES D. FRANKENBERGER JAMES E. smNAVER IAWRENCE J. KEMPER JOHN B. FlATI of counsel JANE B. MERRILL 3021 EAsr 98th Soom Sum 220 1NDIANAPous, INDIANA 46280 317-844-0106 FAX: 317-846-87$Z February 16, 2001 \'\--'.-I~' , ',.-Ll." "^ . " . "-/ ( )\ ~'~ FEB 16 2001 a DOCS "!I/?i ,"""- ~ ~,,/". . ---,,'Y /}Jl2Y/ VIA HAND DELIVERY Mr. Laurence M. Lillig, Jr. Department of Community Services One Civic Center Carmel, IN 46032 Re: SU-5-01, V-6701, and V-7-01 IC. Hart Company, Inc. and CP Morgan Co., Inc. 98th and Gray Road - North Hav'en BZA Hearing February 26, 2001 Dear Laurence: Please find enclosed the foll<?wing for the above-referenced matter: 1. Notice of Public Hearing; 2. Affidavit of Mailing; 3. Proof of Publication for the Noblesville Ledger and Carmel News Tribune; 4. Certified, return receipt requested cards which were returned by the surrounding property owners; and 5. List of Surrounding Owners from the Hamilton County Auditor's Office. The above-referenced docket numbers are to be presented to the Carmel Board of Zoning Appeals on Tuesday, February 26, 2001. Should you have any questions, please contact me. Very truly yours, NELSON & FRANKENBERGER JES/jlw Enclosures F:\User\Janet\JC HartlLillig-proof-BZA 021601.wpd u NELSON "& FRANKENBERGER A PROFESSIONAL CORPORATION ATIORNEYS-AT-I.A W u JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SIllNA VER I.AWRENCE J. KEMPER JOlIN B. FI.ATI of counsel JANE B. MERRILL 3021 EAsr 98th SrRmr Sum; 220 1NmANAPous, INDIANA 46280 317~106 FAX: 317-846-8782 February 9, 2001 I 'S 1. f'.... ~(:'~ ~'''l! ,\% " 'I! h <5'(' ;/ ':.;> VIA HAND DELIVERY Ramona Hancock Department of Community Services One Civic Square Carmel, IN 46032 Re: Board of Zoning Appeals - JC HartlNorth Haven Docket Numbers SU-5-01; V-6-01; and V-7-0l Dear Ramona: Enclosed please find nine (9) informational brochures, Five (5) are to be delivered to members of the Board of Zoning Appeals. The remaining four (4) are for you, Laurence Lillig, Doug Haney, and John Molitpr. Should you have any questions or comments, please do not hesitate to contact me. As always, I much appreciate your help. Very truly yours, NELSON & FRANKENBERGER Cc- Charles D. Frankenberger CDF/jlw Enclosures F:\User\Tanet\TC Hart\Hancock Itr 020901.wpd U U. ",:ill]:sl;>- Lilli , Laurence M ~v\;v -_:",<~ IV \/\ From: Lillig, Laurence M ,/10';.(/ ---- .\;:\ Sent: Monday, January 29, 2001 9:46AM (,',:~ ~,"!::;; 1\\1 \t~' To: Johnson, Sue E; Morrissey, Phyllis G; pattyn, Dawn E nu f Subject: North Haven Subdivision (SU-5-01; V-6-01; V-7-01) \~.:.\ lOCI J:.(; \~/ >-./-.,. . The following Docket Nos. have been assigned and fees assessed for the Special Use an;~t9ifr1r.rtti!J4~rds Variance petitions filed by Charles D. Frankenberger of Nelson & Frankenberger on behalf of The FC:Hart Co. and C.P. Morgan Co. for the North Haven Subdivision: Thanks, Lot 2 & Block D 5 office bldgs ZO 11.3 0' public frontage ZO 2.4 $630.00 encroach 25' into N side yard ZO 11.5.2 $630.00 $630.00 SU-5-01 V-6-01 V-7-01 Total: Plese contact him at Laurence 1 JAN-18-2001 15: 49 NELSON FRANKENBERGER V 3178468782 P. 01/04 u " J NELSON " FRANKENBERGER A PR.OFESSIONAL CORPORATION ATTORNEYS AT LAW ~ ~ .J~H 18 2001 OOCS JAMES J. NaSON CHARLES O. FlUNICENBERGER JAMB., B. SHINA VER LAWRENCE 1. KEMPER. JOHN B. FLATT Of Counsel: JANE B. MERRILL 3021 EAST 98TH STUET SUITE 220 INDIANAPOLIS, INDIANA 46280 3t7-844~106 tAX: 317-846-8782 fAX TRANSMISSION COVER SHEET Date: January 18, 2001 To: Mr. Laurence M. LiUi& Jr. Company: DEPARTMENT OF COMMUNITY SERVICES Fax: 571-2426 From: Charles D. Frankenberger Pages: i- (including cover sheet) Phone: 317-844-0106 Notes: North Haven . Annexation, Rezone, Plat Approval, Development Plan Approval, Special Use, and Attendant Waivers and Variances ***.*...**..***.***.*.........**......*.........*.......*....***.*..**.******* The information contained in this facsimile message is inttmded only tor 1he use of the indMdual or eDdty named JbcM:. If the reader Of recipient of this messap is not the intended recipient or an employee or apt ofthc in&endcd recipient who is responsible tor delivering it to the intended recipient, you are hereby notified that any dissemiDation. distn'botion or copying of this communi~n is strictly prohibited. If you have nx:eived this communication in enur, please notify US by telephone (collect) and return the original messap to us at the above indicated address via the U.S. Postal Service. ReceIpt by aayone other than the intended recipient is not a waiver or an auomey..client 01 work produce privUege. NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3178468782 P.02/04 U ~ _~O J~\\ \~ taa\ noC$ JAN-18-2001 15:49 NELSON FRFlNKENBERGER U JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAVVRENCEJ.KEMPER JOHN B. FLATT Of COtln8fJl JAN! B. MERRILL 3021 EAST 8lJTH s1'REET SUITE 220 INDIANAPOLIS, INDIANA 4628D 317-8444108 FAX: 317084608782 January 18. 2001 J'lA FACSlM1LB #$'71-2416 Mr. Laurenoe M. Lillig. Jr. DEPARTMENT OF CO:MMUNITY SERVICES One Civic Center Cannel IN 46032 Re: North Haven - Annexation, Rezone, Plat Approval, Development Plan Approval, Special Use, and Attendant Waivers and Variances Dear Laurence: Enclosed is a memo setting fonh my understanding of the required approvals. I would appreciate your help regarding docket numbers. fUiug fees. and those entries next to which there is a question mark. I will call you to discuss. Thanks. Very truly yo~ NELSON &. FRANKENBERGER lC- Charles D. Frankenberger CDF/mIf enclosure 1I':'~11H8I11l11hbsml.kr.1Ipd JAN-18-2001 15:49 ~ELSON FRANKENBERGER U 3178468782 P. 03/04 u Memo TO: File FROM: Charles D. Frankenberger DATE: January 18, 2001 RE: North Haven 1. Plan CommissismAPProvals: (a> Primarv Plat. We will need primary plat approval from the Plan Commission. Thereafter, Greg will obtain approval of1he conditional secondary plat, whioh will require a hearina before the Board of Public Works. The conditional secondary plat will then be filed, which will show all detail except the further subdivision of Block D of the office park. When Blode D ia furtbet subdivided, we Wl11 obtain approval of and record a fiDa1 fJecondary plat. (b) Final Devel~t Plan Annroval. We must also obtain tiDal development plan apprQVal from the Plan Commission. We win initially obtain development plan approval fbr everythiD& other than the tUturcsubdivision ofBlock D. WbmBlock D is tbrther subdivided, we will reque$l final development plan approval from the Plan Commission in COI\iunction with fi.Da1 secondary plat approval. (e) Rasa Waiver. We have requested a waiver from the defurestaUon requirements set forth in the ResidentiaJ Open Space Ordinance. In this regard, lAurence is in the process of detenniDiDg whether the open space requirements apply only to the multi-fiunily pan of the development. If so. then 1.0S0, together with its deforestation requirements, will not apply to the office pbase of the development, and this waiver will be wmeccssary. (d) Variance from ReauiremeDt of50 Feet ofFfOt)tMe on Public RiRht-of-Wav. We must also obtain this from the Plan Commission. (e) Variance frOlQ lWlla~t that Roads Endiall in Cui De iP ~91 ~~ 600 Feet. Tedmically. the main ingress and egress ends in a stub and not in a cui de sac. As such, LaWl'Cl1Ce is dctcnnilUDg whether this variance is necessary. (f) Private Street Widths. ? (g) Side\Na.lk. . 7 JAN-18-2001 15: 50 .~SON FRANKENBERGER U (.) 3178468782 P.04/04 i 2. ,~ Approvals: <a) Soecial Use. We must obtain a. special use from the BZA to permit office use within the RS District. (b) VariancefromSideYardReauirements. We must also obtain a variancefi'omthe7S fbotside yard requirements. (c) Prnntut'l on Public Ria:ht-of-W~. We must also obtain from the BZA a variance from the requirements that platted lots have frontage on a public right-of-way . We will initially obtain the variance with respect CO Lot 2. Thereafter, when Block D is further subdivided, it will be necessary to obtain additional variances. (d) Pool for J\partments - Special use? Pool dimeasiODS? F;~OIlIIhavaII.lIIli'.wpd TOTAL P.04 .. u u A( ~. NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATIORNEYS.AT.I.AW 3021 EAsr 98th SrRmr SVll'E 220 1ND1ANAPOus, J'NDiANA 46280 317-844-0106 FAX: 317-846-8782 JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SBINAVER lAWRENCE J. KEMPER JOHN B. FIATI' of counsel JANE B. MERRILL December 29,2000 HAND DELIVERED Mr. Laurence M. Lillig, Jr. Planning Administrator Department of Community Services 1 Civic Center Carmel, IN 46032 Re: Rezone and Annexation - Northwest Quadrant of 96th Street and Gray Road North Haven Dear Laurence: F or hearing before the Plan Commission scheduled to occur on February 20, 2001, enclosed are the following: 1. An Application for Primary Plat Approval, along with two (2) file copies of the primary plat and two (2) file copies of the secondary plat; 2. An Application for Development Plan Approval, along with two (2) file copies of the construction plans; 3. A waiver regarding the deforestation requirement of ROSO; 4. A waiver regarding the buffering requirement; 5. A variance regarding the requirement that all streets be public streets; 6. A variance from the requirement that all lots have 50' of frontage on a public right-of-way; and 7. A variance regarding the length of streets ending in cuI de sacs. of u u J. i -' i I Mr. Laurence M. Lillig, Jr. December 29,2000 Page 2 Prior to the Plan Commission hearing, I will prepare, for distribution to the Plan Commission members, a combined informational brochure pertaining to the above requests. These will include elevations, and will be very similar to what was submitted to the City Council in connection with the rezone and annexation. For hearing before the Board of Zoning Appeals scheduled to occur on February 26, 2001, enclosed is the following: ..1. An Application for a Special Use, along with two (2) copies of the construction plans; 2. An application for a variance from the side yard requirements to the north and south of the development; . _,j...orS 3. An application for a variance from the requirement that ~ have frontage on a public right-of-way. Prior to the Board of Zoning Appeals hearing, I will prepare, for distribution to the members of the Board of Zoning Appeals, a combined informational brochure pertaining to the above requests. These will include elevations and will be very similar to what was submitted to the City Council in connection with the rezone and the annexation. Finally, I have enclosed copies of letters sent to the T AC members in connection with all of the above requests. It is our understanding that all of the above will be scheduled for T AC to occur on January 17,2001. Please call me to schedule a time during which we can assign docket numbers, assess filing - fees, and discuss whatever other information you may need. I -thank you very much for your consideration and courtesy in this matter. Very truly yours, NELSON & FRANKENBERGER G~,- Charles D. Frankenberger CDF/jlw Enclosures F:\U.er\1anet\JC HartILiUig Itr 122900.wpd