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CAMPBELL KYLE PROFFITT LLP
ATTORNEYS AT LAW
JOHN M. KYLE
JOHN D. PROFFITT
ROBERT F. CAMPBELL
JEFFREY S. NICKLOY
DEBORAH L. FARMER
WILLIAM E. WENDLING. JR.
ANNE HENSLEY POINDEXTER
ANDREW M. BARKER
MICHAEL A. CASATl
JOHN S. TERRY
RODNEY T. SARKOVICS
SCOTT P. WYATT
AMY E. HIGDON
ALLYSON R. SINGER
FRANK S. CAMPBELL
(1850.1964 )
FRANK W. CAMPBELL
(1916.1991)
THOMAS D. TITSWORTH
Of Counsel
July 29,2002
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Cannel/Clay Board of Zoning
Department of Community Services
Camlel City Hall
Carmel, Indiana 46032
Re: Central Indiana Options In Education, Inc.
Dear Board Member:
Attached hereto please find the informational packet as it pertains to the application for
Use Variance submitted by the Central Indiana Options In Education, Inc., Docket No. IN -144-
02.
We look forward to your questions and/or comments on August 8, 2002.
Sincerely,
CAMPBELL KYLE PROFFITT
~f/r
SPW Ibkw
Attachement
c. Kevin Davis
650 East Carmel Drive
Suite 400
Carmel, Indiana 46032
(317) 846-6514
FAX (317) 843-8097
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'. fFINDINGS OF FACT'~ USE VARIA'NeE"
Petitioner:
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DATED THIS 8th
DAY OF August
20 02....-.
Board Member
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Page 7 of e - Use Varlanca App!lcslla1
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..;.... ';"'.'~" ,: .,<k Th~ 'g~~nt of this 'v~;ianc~will not be contrary to the public interest,;d~et~'th;"e~ist'enc~ 'of special ",. .'.' .
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'):,rc(~;: '),;.:.~'~~:,*; co'lidition(s) such that enforcement of the zoning ordinance will result in' unnecessary hardship because:
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.....:<::'::.c '" ;'.;>'Den in a.variance wo'uldcreate.'anunnecessar 'hardshi 'on'not"onl .'the'j.. '.' .
~/:". " :. "~:~:'\._school but also, the ,.stude.tt:s who ;are in need of ,aIternative:schooling,in ',,~<. .').c:~>.' '.. .':.'~' ..
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. ., 2. .'-~'-7 The' grant 'of this variance 'will nodie injurious to'the public he'8lth,' safety;morals and general welfare .;.
,,':', of the community because: . , .: ..c".,.' :";' .~:..:<...', c'" .'. . -
: .. .... The school is designed to provide an' education'" t~'students through " ...., "
innovative means, which will better enable the students to become . ".'.' .
..::'. productive members of the community: ,":'.0 ,.-
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket
No. UV-144-0? is granted, subject to any conditions stated in the minutes of this Board, which
are incorporated herein by reference and made a part hereof. " ,
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The use or value of the area adjacent to the subject property will not be,substantially affected in any
adverse manner because: . .., / '.';0 . '. ..' .
Charter Option Schools is seeking't'o operate its school on the same '.'
pr.emises which were previously leased by Carmel Clay Schools for its .
Matrix School-The Matrix School was an alternative school. similar to
pr,oposed Options Charter School, which operated at the location .in. (see
The need for the variance arises from a natural condition peculiar to the subject because:
Options Charter School is considered a conversion charter school. A
conversion charter school "means a charter school established under
I.C. 20-5.5-11 by the conversion of an existing school into a charter
school. Carmel Clay Schools and Charter Options School have entered (see attachment
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
Similar schools have existed and currently still exist in the area.
the
attachment)
5.
DECISION
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CHAiRPERSON, Carmel/Clay Board of Zoning Appeals . '. ..,'.;. '. ,',,,,: ,:," ,
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SECRETARY, Carmel/Clay Board .of Zoning Appeals
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.. .. Conditions of the Board are listed on the back.'<:' ..
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(Answer to No.3 - Continued)
question from January of 1998 until June of 2002. Moreover, the Matrix School was not
the only school in the area. Academy Plus is a private school currently located at 488
Gradle Drive.
(Answer to No.4 - Continued)
into an agreement whereby the Matrix School would be converted into the Charter
Options School. In order for Charter Options School to open in time far the next school
year, the school must be located at the same facility previously used by Carmel Clay
Schools. If the requested variance is not allowed, then Charter Option Schools will not
open and numerous students previously served by an alternative education, as well as
numerous others in need of an alternative education, will suffer.
STATEMENT OF USE
The applicant seeks a use variance, which would allow the applicant to operate a charter
school at 340 Ridge Point Drive. (Please see attached brochure.) A charter school is an
alternative school which is designed, pursuant to LC. ~20-5.5-2-1, "to provide innovative and
autonomous programs to do the following:
(1) serve the different learning styles and needs of public school students;'
(2) offer public school students appropriate and innovative choices;
(3) afford varied opportunities for professional educators;
(4) allow public schools freedom and flexibility in exchange for exceptional
levels of accountability; and
(5) provide parents, students, community members, and local entities with
an expanded opportunity for involvement in the public school system."
Options Charter School is planning to hold classes on property that is currently zoned I-I and
does not recognize a school as a permitted or special use under Section 10-45 ofthe Carmel
Code of Ordinances. Section 10-134, however, states that the Board of Zoning Appeals may
authorize a variance from the Zoning Code when such a variance would not be contrary to the
public interest, when a literal enforcement of the provisions of the ordinances would result in
ill111ecessary hardship.
The applicant is requesting that it be allowed to use a total of 6,300 square feet for a
charter school created in accordance with I.C. ~20-5.5 et seq. This area would consist of two
separate areas identified as 340 Ridge Point Drive (3,300 sq. feet) and 1054 Summit Drive
(3,000 sq. feet). The fonner address was used by Carmel Clay Schools as its Matrix School
until June of2002. The latter address is an adjacent unit. Charter Options School is planning
to connect the two units by the installation of a door on the adjoining wall of the two units.
The only other construction which would need be completed in the new section would
include: the installation of carpet, drywall and a ceiling in one class room; the installation of a
wall around the furnace; and the installation of windows in lieu of existing garage doors. The
applicant has attached site maps, zoning maps, and construction plans, which are attached as
Exhibits D-l through D-5, to better illustrate the area and proposed construction.
Options Charter School does not believe that parking will be an issue at this location. The
school will. not exceed 125 students between the grades of nine through twelve (9-12).
Consequently, it is believed only a fraction of these students will need parking while attending
schooL When the Matrix School was in operation, wrnch had an enrollment of fifty-five
between grades ten through twelve (10-12), it is believed that approximately only fifteen
students drove their vehicles to school. \Vhile the student enrollment will increase with the
opening of the Options Charter School, this increase will be mainly due to the addition of
ninth grade students who will not be of driving age. Therefore, it is believed that the
approximately thirty-five (35) spaces which the landlord is willing to commit to the school
would accommodate the parking ofthe school's students and nine employees. In the event a
parking issue does arise, however, Options Charter School is willing to shuttle students from a
Carmel Clay School parking lot. No other plans exist, however, to bus students to the school
as it will be the parents' responsibility to transport the students.
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CJptJeJlJS.
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For high school students
who need another
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Information and Registration Form
Options Charter School
P.O. Box 3790
Carmel, IN 46082
Phone: 317815-2098
www.ODtionsined.orQ
Organized by
Central Indiana Options in Education, Inc.
a not-far-profit corporation
Sponsored by Carmel Clay Schools
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The. Facility
340
Ridgepoint
Drive, Carmel
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o Smail class sizes - 15 students per class.
. 6,200 square feet
" 6 instructional areas
" 24 computer workstations
" Mini computer lab
" Student dining area - students may bring their own lunch or leave the facility
" Handicapped accessibility.
. Adjoining instructional areas allow for combining classes during learning expeditions
" Parking areas for students in Senior Institute and Practical Applications components
Directions to Options Charter School
From US 431 (Keystone Drive) or Westfield Drive
From Meridian Street
Head north to 1 I 6th Street. Turn west on 1l6'h 10 Rangetine
Road. Turn north on Rangeline Road. Turn left onto West
Carmel Drive. Turn righl on 3N Avenue SW. Turn Left on
Gradle Drive. Look for a quiclc.Ieft on Summit. Follow Sununit
to Ihe left until it turns into Ridgepoint.
Head North to l26th Street. Turn East on 126th Slreet. Follow
126"' Street as it turns into Carmel Drive. Turn left on Gradle
Follow Gradle to Summit. Tum Righi on Summit and follow to
the left until it turns into Ridgepoinl Drive.
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Options Charter School Mission Statement
The Options Charter School will provide a caring community to those students who are-
seeking an alternative to the traditional high school program. Our focus will be on the
educational success and health and wellness of each student. Our goal will be to develop
responsible individuals who are skilled problem solvers and caring, productive citizens.
Why Was Options Charter School Created?
Options Charter School has been fanned by a group of experienced and dedicated educators and parents who realize
that the traditional high school cannot meet the needs of all students. We have experienced first-hand the frustrations and
incredible loss when students fail to achieve and fail to graduate in the traditional setting. We have also shared in the thrill
and sense of accomplishment when students can re-connect with academic and personal growth, moving forward to meet
their goals.
Senate Bill 165, the Indiana Charter School Legislation, recognizes that a "one-size-fits all" education system does
not work for all students. It has allowed for the creation of specialized schools to meet the unique needs of today's students.
Options is created specifically for students who are in need of a change of environment, educational setting, or instructional
methodology. It is a small learning community with inunense support for academic as well as personal, social and emotional
growth.
Enrollment I Registration
We strongly suggest interested students register with the Options Charter School as soon as possible. Historically,
charter schools that meet a specific educational need reach enrollment capacity and must place many students on a "waiting
list." Options Charter School will enroll 100 - 105 students for the 2002-2003 school year. Options may give fIrst
preference to students in the Carmel Clay School district. As a "conversion" charter school, Carmel Clay students would
have the first priority. This determination will be a part of the "charter" which has not yet been finalized. We do anticipate
room for students outside of the Carmel Clay district. For both Carmel residents and students outside of Carmel, ear.y
registration enhances the opportunity to be enrolled when Options opens, August 15,2002.
At this time, transportation is not guaranteed. Although the Options Charter School did budget for some
transportation services, we cannot guarantee the funds necessary to transport all students until we have a better feel for the
geographic distribution of Options students.
Students may register online at www.optionsined.org, or may send the registration fonn to the address on the front
of this pamphlet. Registered students and their parents will be invited to an informational meeting shortly after the close of
the enrollment period. Students and parents may also wish to sign up for the Options EMAIL newsletter at the
www.optionsined.org site.
What is a Charter School?
Charter schools are independent public schools, designed and operated by educators, parents, and community leaders. They
are sponsored by designated local or state educational organizations that monitor their quality. Because they are free of
traditional .bureaucratic red-tape, charter schools typically focus on new and innovative approaches to teaching and
management, specifically tailored to educational and community needs. The "charter" establishing each school is a
performance contract. Therefore, charter schools must uphold the highest standards.
Goals:
1. Accountability: Charter schools are held accountable for how well they educate children based upon the guidelines
established in their charters. If they fail to meet their goals, whether fiscal, operational, or educational, they are
closed.
2. Choice: Students choose to attend and teachers choose to teach at charter schools. This provides the charter school
operators with an incentive to provide students and parents with the best educational environment. In addition,
charter schools force regular public schools to provide equal or better services in order to retain students.
3. Flexibility: Each charter school is unique. They may be designed to best meet the needs of each state, each
community, and each child.
4. Innovation: Because charter schools are autonomous and freed from typical educational regulations, teachers are
given the opportunity to utilize new teaching methods or design curricula tailored to the goals ofthe charter school.
What is the difference between a charter school and a traditional public school?
Charter schools differ from traditional public schools in that they are created by teachers, principals, education experts or
parents, and they are exempt from most state and school district regulations, making them essentially autonomous in their
operation. Charter schools are authorized by the legislature and are organized according to the terms of the charter contract.
This generally allows teachers and students more authority to make decisions than most traditional public schools. In return,
charter schools are held to higher standards of accountability and could be closed for producing unsatisfactory results. Also,
students who attend charter schools do so by choice; likewise, educators who teach at charter schools do so by choice.
Are charter schools considered "public" schools?
Yes. A public school is defined as a school that is open to the public, funded by the public and accountable to the public.
Charter schools meet all three tests.
Do charter schools have admission policies?
Under the law, charter schools must have a fair and open admissions process. They may not use proficiency tests or
achievement scores as a basis for admission. As long as a charter school has not reached its approved enrollment capacity,
any child who lives within the geographical area served by the charter school and is appropriate for the grade level served by
the school has the right to attend.
How are charter schools funded?
Charter schools are public schools. Therefore, charters are not allowed to charge tuition. They are funded according to
enrollment, receiving money from the district and state according to the number of students attendirig. However, some states
recei ve less than 100% of the funds allocated to their traditional counterparts for the operation of public schools. In most
states, charters do not receive capital funds for facilities. Federal legislation provides grants to help charters with start-up
costs. Charter schools do not take money from public schools.
What do charter schools teach?
Chaner schools bring diversity to public eQucation by providing specific educational focuses, such as interdisciplinary
studies, an emphasis on technology, or a back-to-basics approach. Charter schools have also been established to serve
specific student populations that are at-risk Still others have been established to serve disabled children.
Are charter schools required to meet state education standards or offer standardized tests, such as ISTEP+ and GQE
exams?
Indiana's law requires charter schools to offer the ISTEP+ and GQE exams, and its curriculum must be consistent with
academic standards developed by the Indiana Department of Education and reviewed by the state Education Roundtable.
How are charter schools held accountable?
A charter school must live up to the standards and abide by the practices set forth in its charter. A failure to do so allows the
state the right to revoke the charter. Charter schools, therefore, bring true accountability to public education.
Maya charter school be religious in nature?
No. As with public- schools, charter schools must be non-religious in their programs, admissions policies, governance,
employment practices and all other operations; and the charter school's curriculum must be completely secular. However,
like other public schools, charter schools may enter into partnerships with any community group for secular purposes, such as
tutoring or recreational activities.
Do charter schools serve special population students?
Yes. One in four charter schools is started to serve a special population. In the 1998-99 school year, 97 percent of charter
schools offered special education testing, and 95 percent offered special education. During that same year, a majority of
charter schools offered non-educational services to their students, such as social and health services, before and after-school
care, food service, and transportation. Some fill particular niches for disabled students, such as the Metro Deaf Charter
School in Minnesata_
Are charter schools diverse'!
Yes. About 24 percent of charter school students are African-American, compared to 17 percent at traditional public schools.
Likewise, about 21 percent of charter school students are Latino versus eight percent at traditional public schools.
How many charter schools are there in the United States?
Approximately 500,000 students are enrolled in some 2,000 charter schools nationwide. Thirty-six states, the District of
Columbia and Puerto Rico have all passed charter school legislation. Indiana is the 37th state to pass charter schools
legislation.
How will charter schools help improve education?
Charter schools allow for increased opportunities for learning and access to quality education for all students, creating choice
for parents within the public school system. They also provide a system of accountability for results in public education and
create competition among public schools. In addition, charter schools encourage innovative teaching practices and create new
professional opportunities for teachers. (CSRCI)
Educational Program
Through this educational program students will meet the Indiana academic standards and earn an Options Charter School
diploma. The curriculum is divided into four distinct, yet inter-related components that build upon each other.
Foundations (Component 1) .
.. Concentrated instruction', then ongoing component to develop the "assets" that comprise a successful student
and community member.
.' Asset Building
. Baseline Assessments
: Creation of Individualized Learning Plans (lLP's)
Core Academics (Component 2)
Indiana Core 40 Curriculum (28 credits)
English (8 credits)
Math (6 credits) - Algebra I, Geometry, Algebra II, Pre-calculus, Calculus
Social Studies (6 credits) - 2 U.S. History, Government, Economics, World
HistOry/Geography, ( additional social studies credit
Science (6 credits) - Biology, Chemistry or Physics. 2 additional science credits
Physical Education.4J credit)
Health (\ credit) .
Credits earned through:
1. Expeditions - Long-term, in-depth investigations of a topic.
Standards based
Cross-curricu (ar
Project based
Experiential
Team-taught
Authentically assessed
2. Traditional Courses - Developed by content area experts incorporating:
Indiana Standards
Gardner's Multiple Intelligences
Information Literacy Standards
Developmental Assets
. These classes may utilize state-adopted texts, and/or other resources, as deemed appropriate by the Options
teachers.
. Credit will be assigned after the student has demonstrated to a review committee (including the content area
specialist) that he/she has met the standards for that course of study.
Practical Applications (Component 3)
Completion of 5 projects (10 credits)
.~ --.Internships'
Service learning
..... Primary research\.: .
...
Senior Institute ~ (Component 4)
, Completion of 1 major project (5 credits)
Student and instructor will develop a semester-long project which incorporates curricular skills, developmental assets,
and life skills. The student must receive approval by an Options Review Board for credits earned.
Options students will graduate with a minimum of 43 credits
Structure of School Day
Classl;:s are held from 8:20 - 2:20 daily. Students preparing to move from the Core Academics Component Lo the Practical
Applications component will have time extended until 3:00 every other day. Some students (Senior lnsti,tute I Practical
Applications) will spend a portion of their day off the school grounds. Afternoon classes are primarily on a "hlock schedule,"
meeting every other day.
Core Academic Program involved in two areas of interdisciplinary or "expeditionary learning." Skills will tie to
Indiana Academic Standards.
Core Academic Preparation for students preparing to move into the practical applicalions component.
Practical Applications for service learning, internships and primary research
Basic Skills Classes for students needing extra assistance to pass the rSTEP exam.
Core 40 Classes for students opting for a Core 40 diploma
Elective Offerings for extra experiences
Senior Institute - Guided semester-long project
Sample Week
Monday
Tuesday
Wednesday
cci~e 40 Math
Core 40 Math
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The Directors
- Kevin Davis has extensive experience as a public school
teacher and administrator. Kevin taught English at Carmel
Junior High from 1981 - 1989 before becoming an
assistant principal (1989 - 1994) He served for two years
(1998-2000) as the principal of the Matrix Allemati ve
School. a division of Carmel High SchooL Prior to that he
was the principal of Carmel Junior High School (1998-99)
and Speedway Junior High School (1994 - 1999). Kevin
taught English at Carmel High School during the 2001-
2002 school year.
Kevin has extensive experience with school technology
planning and implementation. Along with these strengths,
Kevin's experiences as instructional leader and business,
plant and personnel leader are essential to the success 0 f
the charter school.
Kevin will serve as co-director of the charter school along
with Barbara. He will oversee the financial operation of
the charter school. He will also be responsible for public
relations and technology management.
Kevin will continue with classroom instructiou of Options
students along with his administrative duties. Both Kevin
and Barbara will evaluate the teaching staff and handle
student discipline.
"
Barbara Maschino has been in the field of education
since 1971 In addition to her certification as a special
education teacher, K-12, Barbara is licensed as a
secondary school principal. She has worked with "at-risk"
high school students in alternative settings since 1988.
In 1998, Barbara was employed by the Carmel Clay
School District to develop and implement an alternative
program for Carmel High School's "at-risk" population.
In 1999-2000 she became the Department Chair of the
program and assumed responsibility for all on-site
administrative duties.
Barbara has been responsible for curriculum
development, staff evaluations and budget at the
alternative school. She has the training, skills and
experience necessary to create and operate a high quality
charter school. Most impol1antly, she has a passion for
creating educational options for children who need
something different.
Barbara will serve as one of the co-directors of the charter
school. In this capacity she will be responsible for the
administration of all special education services and
curriculum development and assessment.
Central Indiana Options in Education, Inc.
Board of Directors
Bruce Clayton
Barbara Maschino, president
Kevin Davis, secretary
Robert Smith
Judy Zimmerman
STATEMENT OF SUPPORT
In support ofits request for the Use Variance, the applicant would advise that Option
Charter Schools would neither be contrary to the comprehensive plan nor injurious to the
public health, safety, morals and general welfare of the community. In fact, the school would
provide a benefit to the community by providing education to students. Moreover, the
applicant would advise that Charter Option Schools would suffer unnecessary hardship in tlW.t
the school will close before even opening if the variance is not allowed. This would create an
unnecessary hardship on not only the school but also on the students who are in need of
alternative schooling in order to obtain their education and become productive members of the
community.
The applicant would further state that value of the area adjacent to the subject property
would not be substantially affected in any adverse manner because Charter Option Schools is
seeking to operate its school on the same premises which was previously leased by Cannel
Clay Schools for its Matrix School. The Matrix School was an alternative school, similar to
the proposed Options Charter School, which operated at the location in question from January
of 1998 until June of2002. Moreover, the Matrix School was not the only school in the area.
Academy Plus is a private school currently located at 488 Gradle Drive. Lastly, the landlord
is agreeable to the requested variance. (please see attached affidavits.) Consequently, it is not
believe that the proposed variance would have any impact on property values.
The applicant would further advise that the need for the requested variance arises in that
Charter Options School is considered a conversion charter schooL A conversion charter
school means a charter school established under LC. 20-5.5-11 by the conversion of an
existing school into a charter school. Carmel Clay Schools and Charter Options School have
entered into an agreement whereby the Matrix School would be converted into the Charter
Options School. In order for Charter Options School to open in time for the next school year,
the school must be located at the same facility previously used by Cannel Clay Schools. If the
requested variance is not allowed, then Charter Option Schools will not open and numerous
students previously served by an alternative education, as well as numerous others in need of
an alternative education, will suffer.
The applicant further states that the granting of this variance would not substantially
interfere with the CarmeVClay Comprehensive Plan because similar schools have existed and
currently still exist in the area.
POWER OF ATTORNEY
Comes now Dale Sollenberger, co-owner and duly authorized representative of The
Peak Group, Inc., and appoints Drew Pattyn of Carmel, Hamilton County, Indiana, as his
attorney-in-fact on all issues relating to the application for a use variance at 340 Ridge Point
Drive and 1054 Summit Drive, Carmel, Indiana. I do give and grant to Drew Pattyn full
power and authority to do and perform all and every act, and to speak on behalf of The Peak
Group, Inc., at the special hearing on August 8,2002, at 1:30 p.m., in the Carmel-Clay
Department of Community Services.
The Peak Group, Inc.
By:
uJ. Sll.L
Dale Sollenberger, Co-O~er and
Duly Authorized Representative
STATE OF INDIANA )
) S5:
COUNTY OF H.A1v1ILTON )
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Subscribed and sworn to before me, a Notary Public, this d3 day of July, 2002.
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This Instrument Prepared By:
Scott R Wyatt
My Commission Expires: 08/2912009
My Commission Number is: 506812
My County of Residence is: Hamilton
Scott P. Wyatt #21164
CAuv\PBELL Kn.E PROFFITT
650 East Carmel Drive, Suite 400
Carmel, Indiana 46032
Telephone: (3 L 7) 846-6514
. ; I~ hereby swear that I am the owner/contract purchaser of property involved in 'this"application. 'and that the 'i::{i;:':';
.'....cforegoing signatures, statements and answers herein contained and tt)e infonnation'hete'wit~'1 submitted are in..t.:':~>
: .? all respects true and correct to the best of my knowledge and belief.; I, the undersigned,' authorize the:'~:"'!~j:';f~:;'!i::+:'
:::.. applicant to act on my behalf with regard to this application and subsequent hearings'and testirTlCiny .'l.~~~)I::~;'(;lj':;:.i~;
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STATE OF INDIANA
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