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Home My WebLink AboutCorrespondence Page 1 of 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, January 23,20079:47 AM To: 'msolada@binghammchale.com'; 'Annemarie R Varga' Cc: Hollibaugh, Mike P; John R. Molitor Subject: Bill Estes variance requests ( Docket nos. 06090020 V and 06090023 V) Good Morning, Mary & Annemarie: At the Jan. 22 BZA meeting, the Board voted to withdraw docket nos. 06090020 V and 06090023 V (Bill Estes) from the agenda. This means that you will have to resubmit two variance applications if you want to pursue these variances again. Thank you, Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 t 317-571-2426 aconn@carmel.in.gov 1/23/2007 Page 1 0[2 Conn, Angelina V From: Annemarie R Varga [AVarga@binghammchale.com] Sent: Wednesday, December 06, 2006 11 :05 AM To: Conn, Angelina V Subject: RE: Tabling your BZA petition this month? Hi, Angie. We would like to continue the Bill Estes variances again. Bill has been talking with Mike Hollibaugh and is planning to meet with Matt next week to discuss a different plan. It may turn out that we don't need the variances at all, but we don't know that for sure yet. We do plan to move forward with the Sunrise variance. We'll have packets to you on Friday. Thanks! Annemarie R. Varga, AICP Senior Land Planner Bingham. McHale LLP 2700 Market Tower 10 West Market St. Indianapolis, IN 46204 Ph: 317.686.5228 Fax: 317.236.9907 Email: avarga@binghammchale.com -----Original Message----- From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Tuesday, December 05,200612:50 PM Cc: jmolitor@prodigy.net; Hollibaugh, Mike P Subject: Tabling your BZA petition this month? Good afternoon: BZA agendas will be finalized this Friday, for the Dec. 18 BZA meeting. Please let me know if you will be presenting your petition at the Dec. 18 BZA meeting. Ifnot, let me know if you would like to table the item, or if you request the Board continue your item. With asking the Board to vote to continue your item, you may run the risk of having your item withdrawn from the agenda completely, which means you would have to re-do all public notice if you wanted the item to be placed back on the agenda. Below is an excerpt of the BZA Rules of Procedure regarding tabling an item. BZA Rules of Procedure, Article VII, Section 6-7: Section 6. (a) If only a majority (3 out of 5 members) of the BZA are available to hear any agenda item, thereby requiring that the petitioner receive an affIrmative vote from all members present in order to prevail, the petitioner may request that the BZA table his or her agenda item once, with the reasonable expectation that more members will be available at the next meeting. In order to exercise this option, however, he or she must request the tabling prior to the start of the hearing of that agenda item, by informing the Chairperson. (b) If the petitioner wishes to request a tabling for any other reason, he or she shall inform the Administrator not less than five days prior to the meeting. However, the BZA shall grant a petitioner only one tabling under this paragraph (bt unless the petitioner agrees to provide new notices of the public hearing as required by Article VI of these Rules of . Procedure. (c) This section does not prohibit a petitioner from withdrawing his or her agenda item less than five days prior to the meeting at which it is to be heard. However, any item so withdrawn must then be re-filed with the BZA, and the petitioner must provide new notices of the public hearing as required by Article VI of these Rules of Procedure. 12/6/2006 Bill Estes Variances Page 1 of 1 Conn, Angelina V From: Annemarie R Varga [AVarga@binghammchale.com] Sent: Wednesday, November 08, 2006 9:26 AM To: Conn, Angelina V Subject: Bill Estes Variances Angie, Please accept this e-mail as our formal request to table the outstanding Bill Estes variance petitions at the November BZA hearing and to have them heard on December 18. Thanks! Annemarie R. Varga, AICP Senior Land Planner Bingham. McHale LLP 2700 Market Tower 10 West Market St. Indianapolis, IN 46204 Ph: 317.686.5228 Fax: 317.236.9907 Email: avarga@binghammchale.com CONFIDENTIALITY NOTICE: This e-mail contains information that is privileged, confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. You are prohibited from copying, distributing or otherwise using this information if you are not the intended recipient. If you have received this e-mail in error, please notify us immediately by return e-mail and delete this email and all attachments from your system. Thank you. DISCLOSURE REQUIRED BY CIRCULAR 230. This Disclosure may be required by Circular 230 issued by the Department of Treasury and the Internal Revenue Service. If this e-mail, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Furthermore, any federal tax advice herein (including any attachment hereto) may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party. Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this e-mail. Thank you. 11/812006 Conn. Angelina V Page 1 of2 From: Annemarie R Varga [AVarga@binghammchale.com] Sent: Wednesday, October 18, 2006 8:24 AM To: Conn, Angelina V Subject: RE: Bill Estes - variance withdrawal I know you're in TAC meetings this morning, but when you get a chance this afternoon, I need your advice. Apparently Bill Estes never told his electrical people that he'd agreed to reduce the light pole height, so the plan we submitted last week still shows the 30 foot poles. When he figured out how much it would cost to do the pole height reduction, he changed his mind and decided to keep the existing poles. He never told me this or his CFO who cut the check. So now the client wants to reinstate the variance that we just withdrew. Is that something we can do? Obviously it's already been advertised. We can get you the extra $481. Of course, the findings of fact, statement of variance/support, and ballot sheet aren't in our packets, but we can hand those out at the meeting. What do you think? From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Fri 10/13/2006 11:33 AM To: Annemarie R Varga Cc: Tingley, Connie 5 Subject: Bill Estes - variance withdrawal Annemarie - as requested via letter from you, docket no. 06090013 (parking lot pole light height) has been withdrawn from the agenda. You new total fee is: $5,826 - 481 = $5.345.00. If not already submitted, please submit a check made out to the city of Carmel in this amount as soon as possible today. Thank you, Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p.317-571-2417 f.317-571-2426 aconn@carmel.in.gov Docket No. 06099913 V Docket No. 06090014 V Docket No. 06090015 V Docket No. 06090016 V Docket No. 06090017 V Docket No. 06090018 V Docket No. 06090019 V Docket No. 06090020 V Docket No. 06090021 V Docket No. 06090022 V Docket No. 06090023 V Total Fee: $1,016.00 $484-:QG (each additional) $481.00 $481.00 $481.00 $481.00 $481.00 $481.00 $481.00 $481.00 $481.00 $5,828.99 5345.00 Bill Estes Pre-Owned Facility The applicant seeks the following development standards variance approvals: 10/18/2006 Birrgham . McH~eLLP attorneys a t law Annemarie Varga, AICP Land Use Specialist 317-686-5228 avarga@binghammchale.com October 13,2006 Ms. Angie Conn City of Carmel One Civic Square Carmel, IN 46032 RE: Bill Estes Pre-Owned Docket #06090013 V Dear Ms. Conn: This letter is to inform you that Bill Estes Chevrolet is withdrawing the variance request for light poles over 24 feet in height. The docket number for this request is 06090013V. The additional variance requests scheduled for hearing on October 23, 2006 remain as docketed. However, the lighting plan has been modified to reflect a reduction in light trespass at the perimeter of the property. Enclosed please find two copies of the revised lighting plan. Please feel free to contact me at 317.686.5228 if you have any questions. Sincerely, QUJUUL\~~U~ Annemarie R. Varga, AICP D Enclosure 1096557 cc: Bill Estes, Bill Estes Chevrolet 2700 Market Tower . lOWest Market Street . Indianapolis Indiana 46204.4900 Telephone 317.635.8900 . Facsimile 317.236.9907 . binghammchale.com Indianapolis Jasper Vincennes o Bingham . McH~eIJP attorneys a t law Annemarie Varga, AICP Land Use Specialist 317-686-5228 avarga@binghammchale.com September 8, 2006 Ms. Angie Conn City of Carmel One Civic Square Carmel, IN 46032 -~ RECEIVED SEP - 8 2006 DOCS RE: Bill Estes Pre-Owned Facility Dear Angie: Enclosed please find an original and one copy of the revised Board of Zoning Appeals Application for the Bill Estes Pre-Owned Facility. Please note that the modifications to the site plan which added the Midwest Scuba property and removed the parking from the access drive to the Train Express building are reflected on the revised application in terms of acreage and parcel numbers. The new legal description is enclosed. Two variance requests have been removed from the application, including the request to vary from the requirements for foundation plantings and the request to vary from the number of plantings required in the US 421 Greenbelt. One variance request was added to the application for a storefront that exceeds 75% of the first floor fa~ade. Finally, the variance request for the 96th Street bufferyard has been modified to reflect only a variance for number of plantings, as Matt Griffin informed us that the five-foot setback of the existing curb line could remain as a non-conforming setback (rather than a variance) because it will not be removed during the construction process. Please feel free to contact me at 686.5228 if you have any questions. Enclosures 1087303 ~~ ~\ ~cP> ~ ~ Sincerely, C_krJJJJ, ~U~f(C-J Annemarie R. Varga U 2700 Market Tower . 10 West Market Street . Indianapolis Indiana 46204.4900 Telephone 317.635.8900 . Facsimile 317.236.9907 . binghammchale.com Indianapolis Jasper Vincennes