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APPLICATION FOR BOARD OF ZONING APPEALS ACTION - ~ . -
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Applicant: Deca HoldinQs, LLC, Deca Environmental & Associates, Inc. arid,a.im B. Euler"and
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
USE VARIANCE, APPLICATION
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DOCKET NO. ~q l ( IJ& l?J {,W
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DATE RECEIVED: '.~\
1)
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Address: 410 First Ave.NE.Carmel, Indiana 46032
email: ieuler@indV.net
phone: 575-0095
Project Name: Lot 20 D. Wilkinson Subdivision Phone & Fax: NA
EngineerfArchitect: NA
Phone: NA
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Attorney: Jim Shinaver: Nelson & Frankenber!:1er : email: iims@nf-Iaw.com
Phone: 844-0106
3) Applicant's Status: (Check the appropriate response)
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XXX a) The applicant's name ison the deed to the property
b) The applicant is the contract purchaser of the property
(c) Other: ',.
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4)
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If Item 3) (i:=) is checked, please complete the following:
Owner of the property involved: NA
Owner's address: NA
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5) Record of Ownership: See Attached Tax Card
Deed book No.llnstrument No.
Page: Purchase Date:
Common address of the property involved: 410 First Avenue NE, Carmel, In. 46032
Legal description: Lot 20 D. Wilkinson Subdivision
Tax Map Parcel No.: 16-10-30-09-01-003.000
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7) State explanation of requested Use Variance Use Variance request from R-3 to permit a
low impact professional office use.
8) State reasons supporting the Special Use: (Additionally, complete the attached question
sheet entitled" Findings of Fact-Special Use").
See Exhibit A
Page 1 of 8 - z.\sharodlformsIBZA applicationsl Special Use Application rev. 01103/2006
9) Present zoning of the property (give exact classification): R-3_
10) Present use ofthe property: Currently the property is being used for a low impact
professional office use for the Deca Environmental & Associates, Inc. business
11) Size oflot/parcel in question: See Tax Card
12)
Describe the proposed use of the property:
impact type of business
Proposed professional office use for a low
13)
Is the property:
Owner occupied XXX
Renter occupied
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in
connection with this property that would relate or affect its use for the specific purpose of
this application? If yes, give date and docket number, decision rendered and pertinent
explanation.
The Applicant will also file request for waiver of constmction of sidewalk adiacent to 4th
Street and required number of bicycle parking spaces
15) Has work for which this application is being filed already started? If answer is yes, give
details:
Building Permit Number: Yes, Applicant is currently utilizing this building for its
business
Builder: NA
16) If proposed special use is granted, when will the work commence? hnmediatelv after
approval of the variance requests.
] 7) If the proposed special use is granted, who will operate and/or use the proposed
improvement for which this application has been filed?
The Applicant and its successors and assigns.
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NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twentY-five (25) days
prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be
available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MAN DA TORY, two methods
of notice are recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The
white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public
hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining
and abutting property owner acknowledging the twenty-five (25) day notice should be kept for
verification that the notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF
THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-
FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
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STATEMENT OF CONSENT BY OWNER
I, hereby state that I am the owner of property involved in this application and that the foregoing signatures,
statements and answers herein contained and the information herewith submitted are in all respects true
and correct, to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on
my behalf with regard to this application and subsequent hearings and testimony.
Deca Holdings, LLC, Deca Environmental & Associates, Inc. and
Jim R Euler
Signed by: ,-1:-13.. ljtA---
Jim B. EUler~anaging Member of Deca Holdings, LLC
and President of Deca Environmental & Associates,
Inc. and Jim B. Euler, individually
Date:
JIII/01
STATE OF INDIANA
ss:
County of J-J CIA"',,; I +-n "
Before me the undersigned, a Notary Public (County in which notarization takes place)
for Hamilton County, Indiana, personally appeared Jim B. Euler, Managing Member of
Deca Holdings, LlC and President of Deca Environmental & Associates, Inc. and Jim
B. Euler, individually, and acknowledged the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this
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day of f'/uV'4-l7Ib-rr, 2007
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Notary Public--Please Print
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
successors and assiQns
- Use Variance
Deca Holdinqs, LLC. Deca Environmental & Associates, Inc. and Jim 8. Euler, and their
FINDINGS OF FACT - USE VARIANCE
1. The grant of this variance will not be contrary to the public interest, due to the existence of special
conditions(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because:
The subject site is currently zoned R3 and does not permit a low impact professional office type of use;
however, the site is surrounded by 85 and 81 zoninq and other use variances have been qranted for
other properties in the qeneral area to permit non,residential uses. Enforcement of the current zoninq
classification of R3 results in an unnecessary hardship because the Applicant would be prevented from
operatinq a low impact type of professional office use that would be appropriate for this site and the
qeneral area. As a result of the foreqoino, the <:Irant of this use variance would not be contrary to the
public interest and would prevent and unnecessary hardship on the Applicant
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
In addition the same rationale set forth in Response Numbered One (1) above. the qrantinq of the
requested use variance will allow for an appropriate low impact type of professional office use for this site
and it would not be objectionable to the surroundinq neiqhbors and would be consistent with the zoninq
classification for the parcels that surround this site. As a resu It. of the foreqoinq, the qrant of the
requested use variance will not be injurious to the public health, safety, morals and qeneral welfare of the
community.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because:
In addition to the same rationale set forth in Response Numbered One (1) and Two (2) above. the use
and value of the area adiacent to the subject property will not be substantiallv affected in any adverse
manner because the site is already beinq used as a low impact professional office use and has not
resulted in any neQative impact to the surrounding uses or homes in the qeneral vicinity.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
In addition to the same rational set forth in Responses Numbered One (1), Two (2) and Three (3) above,
the need for this use variance does arise from a natural condition peculiar to the subject property because
the current zoninQ of R3 does not permit a low impact professional office type of use on this site, but the
properties that are immediatelv adiacent to the site do have a zoninQ classifications that would permit a
low impact professional office types of uses.
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
In addition to the same rationale set forth in Responses Numbered One (1), Two (2), Three (3) and Four
(4) above, the proposed low impact profeSSional office use for this site is consistent with zoninQ and use
of many of the $urroundinQ properties and it is compatible with the principles and Quidelines contained in
the Comprehensive Plan applicable to this particular area of Old Town.
DECISION
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IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
is granted, subject to any conditions in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
Adopted this _ day of
.2007.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Condition of the Board are listed on the back.
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1)
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA.
APPLICATION FOR BOARD OF ZONING APPEALS ACTION ~", -:;- _
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DEVELOPMENTALSTANDARDS VARIANCE'APPLlCA.!,le~t~ ~ -.' '.
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DOCKET NO tJ 7 UV I DATE RECEIVED: I,~ 2 2001 ::~J'
. ..~\ DOCS ~:;
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Applicant: Deea HoldinQs, LLC, Deea Environmental & Associates, Inc. a'n8,.jim B. Euler"afid5./
their successors and assiqns ~_([~~tY
Address: 410 First Ave. N E, Carmel. Indiana 46032
email: ieuler@indV.net
phone: 575-0095
2) Project Name: Lot 20 D. Wilkinson Subdivision Phone & Fax: NA
Engineer/Architect: NA
Phone: NA
Attorney: Jim Shinaver: Nelson & Frankenberqer ; email: iims@nf-Iaw.com
Phone: 844-0106
3) Applicant's Status: (Check the appropriate response)
XXX a) The applicant's name is on the deed to the property
b) The applicant is the contract purchaser of the property
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: NA
Owner's address: NA
5) Record of Ownership: See Attached Tax Card
Deed book No.llnstrument No.
Page: Purchase Date:
6) Common address of the property involved: 410 First Avenue NE, Carmel. In. 46032
Legal description: Lot 20 D. Wilkinson Subdivision
Tax Map Parcel No.: 16-10-30-09-01-003.000
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7) State explanation of requested Developmental Standards Variances: The Applicant is
seekinf?: variances from (i) The City of Carmel parking Ordinance requiring a certain
numher ofbicvc1e parking spaces for for commercial and retail uses and (ii) The Alternate
Transportation Plan for the City of Cannel that would require construction of a 5' concrete
sidewalk along 4th Street.
8) State reasons supporting the Developmental Standards Variances: (Additionally, complete the
attached question sheet entitled "Findings of Fact-Developmental Standards Variances").
See Exhibit A
Page 1 of8 - z:\shared\forms\B7..A applir.ations\ Special Use Application rev. 01/03/2006
9) Present zoning of the property (give exact classification): R-3
10) Present use of the property: Currently the property is being used for a low impact
professional office use for the Deca Environmental & Associates, Inc. business
11) Size oflot/parcel in question: See Tax Card
12) Describe the proposed use of the property: Proposed professional office use for low
impact low impact type of business
13)
Is the property:
Owner occupied XXX
Renter occupied
Other
14) Arc there any restrictions, laws, covenants, variances, special uses, or appeals filed in
connection with this property that would relate or affect its use for the specific purpose of
this application? If yes, give date and docket number, decision rendered and pertinent
explanation.
The Applicant will also file request for a Use Variance to permit a low impact professional
office type of use on the site.
1.2) I-Ias work for which this application is being filed already started? If answer is yes, give
details:
Building Permit Number: No.
Builder: NA
16) If proposed developmental standards variances are granted, when will the work
commence? NA.
17) If the proposed variances are granted, who will operate and/or use the proposed
improvement for which this application has been filed?
The Applicant and its successors and assigns.
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NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days
prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be
available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods
of notice are recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The
white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public
hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining
and abutting property owner aCknowledging the twenty-five (25) day notice should be kept for
verification that the notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF
THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-
FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
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STATEMENT OF CONSENT BY OWNER
I, hereby state that I am the owner of property involved in this application and that the foregoing signatures,
statements and answers herein contained and the information herewith submitted are in all respects true
and correct, to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on
my behalf with regard to this application and subsequent hearings and testimony.
Deca Holdings, LLC, Deca Environmental & Associates, Inc. and
Jim B. Euler
Signed by: !t-/J ~
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Jim B. Euler, Managing Member of Deca Holdings, LLC
and President of Deca Environmental & Associates,
Inc. and Jim B. Euler, individually
JJJj/D7
Date:
STATE OF INDIANA
ss:
County of Ita .ritA' I -hi '"
Before me the undersigned, a Notary Public (County in which notarization takes place)
for Hamilton County, Indiana, personally appeared Jim B. Euler, Managing Member of
Oeca Holdings, LLC and President of Deca Environmental & Associates, Inc. and Jim
B. Euler, individually, and acknowledged the execution of the foregoing instrument
(Property Owner, Attorney, or Power of Attorney)
this
/5f
day of /Vo lie. I"! b i' ~ 2007
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Notary Public--Please Print
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
_ Sidewalk Developmental Standards Variances
Deca HoldinQs, LLC, Deca Environmental & Associates, Inc. and Jim B. Euler, and their
successors and assiQns
IJ?INDlNGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval ofthis variance will not be injurious to the public health, safety, morals and general
welfare ofthe community because:
Currentlv no sidewalk exists on the north side of 4th Street. If the Applicant were not seeking a use
variance for the site, the currentcondition would remain. Further, if the Applicant did in fact build
a side walk on his property adiacent to 4U1 Street it would not connect to anything. Thus, the
granting of this variance wi II not be injurious to the publiC health, safety, morals and Qeneral welfare of the
community.
2. The use and value of the area adjacent to the property included in the variance will not be affected
in a substantially adverse manner because:
In addition to the same rationale set forth in Response Numbered One (1) above, the use and value of the
area adiacent to the subiect property should not be affected in a substantially adverse manner because no
sidewalk exists on this side of 4th Street at the current time.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the propcrty because:
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above, the strict
application of the terms of the Zoninq Ordinance to the property will result in practical difficulties because the
Applicant would be required to spend money to construct a sidewalk that does not connect to another
sidewalk and would most likelv not be used bv pedestrians.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Variance Docket No. is granted, granted subject to any conditions stated in the
minutes of this Board which are incorporated herein by reference and made a part hereof.
Adopted this _ day of
,2007.
BZA President, CarmellClay Board of Zoning Appeals
BZA Member,
(name)
SECRETARY, Carmel/Clay Board of Zoning Appeals
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CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
- Bicvcle Parkinq Developmental Standards Variances
Deca HoldinQs, LLC, Deca Environmental & Associates, Inc. and Jim B. Euler. and their
successors and assiQns
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
4. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The Applicant operates a very low impact type of professional office~ Employees and customers of
the Applicant do not ride their bicycles to this site. If thev did ride their bicvcles to the site. the
Applicant has a garage that can accommodate bicycle parking.. Thus. the granting of this variance
will not be iniurious to the public health, safety, morals and qeneral welfare of the community.
5. The use and value of the area adjacent to the property included in the variance will not be affected
in a substantially adverse maImer because:
In addition to the same rationale set forth in Response Numbered One (1) above. the use and value of the
area adiacent to the subiect property should not be affected in a substantially adverse manner because
persons utilizinq bicycles could park in the Applicant's QaraQe.
6. 'fhe strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because:
In addition to the same rational set forth in Responses Numbered One (1) and Two (2) above. the strict
application of the terms of the Zoning Ordinance to the property will result in practical difficulties because the
Applicant would be required to spend money 10 provide for bicycle parkinq when parkinQ alreadv exists for
parkinq in the Applicant's QaraQe.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Variance Docket No. is granted, granted subject to any conditions stated in the
minutes of this Board which are incorporated herein by reference and made a part hereof.
Adopted this _ day of
,2007.
BZA President, Carmel/Clay Board of Zoning Appeals
BZA Member,
(name)
SECRETARY, Carmel/Clay Board of Zoning Appeals
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T 'us' (" Glmltor'), TIt 0 f One nl1d 110, deSC1;bed real es' f Carmel, H amll tO~ec" rde\' 0 i Hal
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PropCliy Address: 410 1 st A VCllllC NR, Carmel, IN 46032
'n," Un<lcrsihoned repreSent that hchile is tho onnen' I'usl<e(.,) of "..<I 1MI, llave full anti",jty and "'pacity '" exeoute .),;
deed 'hat said lmst has not!leen tevokd and that neither II" gmn"'e nor aoy ot1= party shaH h"ve any re'pons;oility for Ih
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appIlcatiOL1 of allY proceeds from this conveyance.
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In Witn",s WIlC"",r; Grantor h" ""nsed tills deed to he executed this') f >jay ofL7"<'I'~, 2004,
The Robert T,Hodgin and AUlle E.
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Thomas l. Ifo~k
STATE OF TNDIANA )
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COUNTY OF HAM1LTON )
My CommissZ'(J ) Ex,PiTC~:
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My County Of Residence Is:
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13 ctore Ille, a Notary Public in and [nr said Co "nly and S tatc, personally"ppenred Thomas L. ffod gin as
TlUstee of The Robe't T, Hodgin and Anne B. Hodgin Revocable Living Tlllst, who acknOWledged the exceution
of tile foregoing Deed fur and on hehalf 0 f said Grantor, and wbo, havi ng heen dnly SWoro, stated that tbe
representations therejn contained are tme.
WitllCss Illy band and Nolou'ial Sca I Ibis 2;L";;;;; or--'li!c'7f3<>;"'-, 2004,
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-;Ham!lton Co., IN - Online Repcs
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Disclaimer:
The information available through this program is current as of 10/4/2007.
This program allows you to view and print certain publiC records. Each report reflects information as of a specific date; so the informatiol
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I Parcel No: 16-10-30-09-01-003.000 II I
Property Address: Deeded Ow'1er: Deca Holdings LLC
410 First Ave NE Owner Address:
CARMEL, IN 46032 11325 Moss Dr
CARMEL, IN 46033
Legal Description: D WILKINSON 66.0 X 165.0 AUD PB22 PG 294 3/17/00 FR HODGIN 2000-12529
SectionfTownship/Range; 30/18/04
Subdivision Name: D WILKINSON
I Block: I
I Deeded Acres: 0 I
I Political Township: Clay I
I Lot Number(s): 20 I
Most Recent Recorded Date: 9/1/2004
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I
@ 2005 Hamilton Co.
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@ 2006, Hamilton County, Indiana - all rights reserved.
http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparceln0= 161 030090 1 00300... 10/31/2007
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lhis program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatior
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for (
accuracy. It may not reflect the current infonnation pertaining to the property of interest.
The information located on this web site is prOVided by Hamilton County, Indiana. Continued use of this web site is conditional upon your explicit accep
terms and conditions set forth in this disclaimer dorument. The data provided herein may be inaccurate or out of date. Any person or entity who relies
information for any purpose whatsoever does so,solely at their own risk. Neither Hamilton County, Indiana, or any agency, offices, or employee of any I
information provider warrants the accuracy, reliability, or timeliness of any of lhe data provided herein. This data is provided "as is" without warranty 01
Any. and all Information contained on this web site report is the result of assessment data extracted on the most recent taxable year - March 1, 200
Improvement characteristics may differ from those used to d~termine the total assessed value listed.
II~marv Information - Parcel Numbel': 16-10-30-09-01-003.000
Property Data Property Owner as of April 30, 2007
Parcel location 410 FIRST AVE NE,CARMEL Deca Holdings llC
Taxing Unit Cannel Most Recent Valuation as of March 1, 2006
Legal Descri ption D WILKINSON 66.0 X 165.0 Assessed Value: Land 20200
SectionjT ownship/Range 530 TI8 R04 Assessed Value: Improvements 154900
Subdivision Name D WILKINSON Total Assessed Value: 175100
Lot and Block lot 20 Block
Acres 0
Effective Frontage 66
Effective Depth 165
Property Class One Family Dwelling
Exterior Features and Out Buildings
1 Detached Garage,
1 Concrete Patio, 1 Open Frame Porch,
IBuilding 1, Card ID R01
Physical Characteristics Accomodations
Story Height 1.0 Finished Rooms 7
Attic none Bedrooms 4
Basement none Heating and Air Conditioning
Crawl full Primary Heat YES
Year Built 1951 Air Conditioning YES
Floor Construction Plumbing
1.0 (first) ISub and joists Full Baths It
Floor Finish Partial Baths It
1.0 (first) IWood, None Fireplace
Exterior Cover Fireplace Stacks TVES
1.0 (first) IStone Basement Rec Room
Interior Finish Rec Room Type I
1.0 (first) Drywall Rec Room Square Footage 10
Area/Square Footage (based on exterior eave to eave area
Building level Base Approx.
Area Area
1.0 (first) 1944 1944
Garage
Garage Type I
http://www.co.hamilton.in.us/app/reports/rptpropcard.asp
10/31/2007
Hamilton Co., IN - Online Reports
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IIIGarage Square Footage
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@ 2005 Hamilton Co.
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@ 2006, Hamilton County, Indiana - all rights reserved.
http://www.co.hamilton.in.us/app/reports/rptpropcard.asp
10/31/2007
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