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HomeMy WebLinkAboutDeclaration: Lillig, Laurence M Jr 't _/....;"j~..tIt / ,-'"," " STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT )SS: #3 ) CAUSE NO. 29D03-0005-CP-334 COUNTY OF HAMILTON STATE OF INDIANA ex reI ) KINGSWOOD HOMEOWNERS ASSOCIATION ) and KINGS WOOD HOMEOWNERS ASSOCIATION, ) ) Plaintiffs, ) ) vs. ) ) STEVEN ENGELKING, Director of the ) City of Carmel Department of Community Services, ) CITY OF CARMEL AND CLAY TOWNSHIP ) BOARD OF ZONING APPEALS, consisting of ) CHARLES WEINKAUF, PAT RICE, ) LEO DIERCKMAN, MICHAEL A. MOHR, and ) EARLENE PLA VCHAK, CITY OF CARMEL, and ) MARTIN MARIETTA MATERIALS, and ) HUGHEY, INC. d/b/a Carmel Concrete Products, Co., ) ) Defendants. ) VERIFIED DECLARATION OF LAURENCE M. LILLIG, JR. /-":/~Cii'/'G~;' /. ' .}.:-.'L'.--..L '''', I . / '\-,)- '-<, t;( ~.~~ 2./' ~ e\. Q\ ,... W or' Ih-..... ;.'--;;1 ~/\~~ (c? tf5l' /(a /& l.I Laurence M. Lillig, Jr., makes the following declaration under the penalties for perjury: 1. I am the planning and zoning administrator for the City of Carmel, a position I have held since August 23, 1999. I make the statements in this declaration on my personal knowledge or on the business records of the City of Carmel. I am competent to testify as to the facts stated in this declaration and would so testify if called as a witness. ~ - - ~- .. ) (' I j-;' / f 2. My responsibilities as planning and zoning administrator include reviewing applications for development plans, subdivision plats, and variances from the zoning and subdivision control ordinances of the City of Carmel and Clay Township. I am personally familiar with Martin gravel mining operations on property located north of East 106th Street between , ,,~ Gray Ro cIH I Dell Parkway in Cannel. These mining operations are outside of the corporate ~ boundaries of the City of Carmel. 3. I also am personally familiar with the real estate owned by the Mueller conservatorship, located both north and south of East 106111 Street between Gray Road and Hazel Dell Parkway, also outside the corporate boundaries of the City of Carmel. No one has ever submitted a plat for approval to develop the Mueller property as a residential subdivision, nor has such a plat ever been approved by the City of Carmel or Clay Township. The Mueller property has never been subdivided into residential lots, or otherwise planned for use as a residential area. 4. The Mueller property north of 106th Street abuts the Kingswood subdivision on the south and on a very small comer on the east. The Mueller property north of 106111 Street contains one residence located on the east side of the property on Hazel Dell Parkway. However, no portion of the Mueller property is used for residential purposes within a quarter-mile square area in which there are at least eight residences. -2- ~-~- ';e , c' ----<;, '\ 5. The Mueller property south of 106th Street is not contiguous to the City of Carmel. No portion of the Mueller property south of 106th Street is within a quarter-mile square area in which there are at least eight residences. I declare under the penalties for perjury that the foregoing statements are true. Executed on March.f, 2001 ~_.~ ... f La ~ ill' , Jr. I p . . g ~dministrator City of Carmel -3- '1' .::)---~ ocr, J , , , , CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing document has been served this _ day of March, 2001, by depositing a copy of the same in the United States mail, first class postage prepaid and properly addressed to the following counsel of record: William E. Wendling Jr. Todd Ruetz CAMPBELL KYLE PROFFITT 10 East Carmel Drive, Suite 400 Carmel, Indiana 46032 Douglas C. Haney, City Attorney CITY OF CARMEL One Civic Square Carmel, Indiana 46032 John R. Molitor MOLITOR GRISHAM & HESTER 11711 North Meridian Street, Suite 200 Carmel, Indiana 46032 JayP. Kennedy KROGER GARDIS & REGAS, LLP 111 Monument Circle, Suite 900 P.O. Box 44941 Indianapolis, Indiana 462044-0941 Jan M. Carroll INDS02 JMe 366860vl -4-