HomeMy WebLinkAboutCorrespondence
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NELSON
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A PROFESSIONAL CORPORATION
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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
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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
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Charles D. Frankenberger
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Enclosure
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Williamson Run Homeowners Association, Inc.
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February 26, 2001
Carmel/Clay Board of Zoning Appeals
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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
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NELSON U
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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
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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
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Enclosures
F:\User\Janet\JC HartlLillig-proof-BZA 021601.wpd
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-I.A W
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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
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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
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Lilli , Laurence M ~v\;v -_:",<~
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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:.(;
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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
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3178468782 P. 01/04
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NELSON
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FRANKENBERGER
A PR.OFESSIONAL CORPORATION
ATTORNEYS AT LAW
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.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
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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
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JAN-18-2001 15:49
NELSON FRFlNKENBERGER
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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
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JAN-18-2001 15:49
~ELSON FRANKENBERGER
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3178468782 P. 03/04
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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
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3178468782
P.04/04
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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?
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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.
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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;
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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