The URL can be used to link to this page

Home My WebLink AboutCorrespondence FEE 10 '03 02:42PM u u P.U1 e( ):-y_) ,,' ~ ^'-.-.-..J '~.-) .... <'J"... ~.... m._ n I C~..-y ,---- '-;. :Kmioll c. 'Ward, Sun1eyo.r (NiIJ/l~ (3'7) 776-84~.c;' ;/ 'hI.\: (jJ7) nt,,_qiS28 ;"' ~ Rt.C~\\jt.\) ft~ ) \U ?SJ~)~ 'OIJCS Saite 18.:1 O,le :J{mlltlroll emiliI}' Sip,lIre '.'N(Jllbvill~, Imlillllt1 4G~)G".22JO February 10, 2003 Dear Mr. Rummer. Cannel/Clay Historic Society Attn: Tom Rummer 211 First Street SW Carm~l, IN 46032 Re: Carmel/Clsy Historic Sooiety- New building We have doae a field V(!ritication of the location of the tile (of the Follett and Morrow legal drain) and have determined that your proposed buildiTlg is approximately 3.5 feel from the tile. Your proposed buildin,g is required to be a minimum of 10 feet uom the tile, Please submit revised phms for our review, Should you have any questions pleas~ con~ct m~ ",t 776.8495. Thank you. ft""SinCereIY' '\ 1...... ,r) ~~ Plan Reviewer cc: City of Carmel-Engineer City of Carmel-Department of Community Services Hamilton County Department of SoH Conservation Services Hamilton County Highway Department Balay Architects, Attn: Michael Balay, AlA 6801 Lake Plaza Drive, Suite C-305, Indianapolis. IN 46220 Mr. Lillig: October 24, 2002 Laurence Lillig Department of Community Services One Civic Square Carmel, IN 46032 Since your communication of the 23rd (notes from the technical meeting of the 16t11) received today informs'us of yet another problem with OUT building plans, a problem about which we can hardly inform ourselves property by the October 28th BZA meeting, and since resolving this latest problem in a manner suggested, in the communicatioIl above by "relocation of the structure [impossible without removing an immense shade tree] or the relocation of the drain [obviously a major expense for the Society and one not considered by the grantor of our present building funds], we will not appear at the meeting next Monday evening. Additionally, we have as yet received no reply from CSX relating to the 1 a-fool strip of ground which they supposedly own and on which we had planned to build and so do not blOW the expense involved in that regard. It is pointless, then, for us to pay filing fees of $1,750 for a small project which has generated so many setbacks and which would not proceed anyway until the issues above are settled. We will inform the Department of Community Services if we decide to pursue this proj eet through that office in the future. c&cunwt r6!ay :1C?UEPW;at !/boietp Visit Us At 211 First Street, S.w., Carmel, Indiana 46032 (317) 846-7117 - u u City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317-571-2417 Fax: 317-571-2426 FACSIMILE TELECOPY COVER LETTER DATE: October 24,2002 TO: Salay Architects Michael Salay FAX: 845-9428 FROM: Connie Attached hereto are 6 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2419 and ask for Connie. NOTES: Attached is the agenda and department report for the October 28,2002 BZA meeting for Carmel Clay Historical Society. Please call if you have any questions. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individua/(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us. OCT 17 '02 01:03PM P.1/1 u " f~~ ' ';),--. .J ./'::::.:.:.-' _.J 'J ,i.., ':"'i ._.'~' -',", "'::,..;........ ""~'-ior, .-......_....,...... , Cv\ v ._._-:-~=-. e.' .J October 17~ 2002 Sr/ir{ iS8 ('Jill' :Hl1nJiilon Cmmry' SqwlTI' :lI'nhbll;lI.', 11/llialll1 I/-DOl;0-22jO Balay ArohitectB Attn: Michael Balay, AlA 680 1 Lake Plaza DrIve Suin~ C-30S Indianapolis, IN 46220 VIA FACSIMILE: 317"45-9428 Re; C&nnel/CJaY:Fi:istmic.Society. Dear Mr. Balay: We have reviewed the pI8n9 we recl!livli!d at the Carmel TAC meeting yestorday. We have the following commenrs: I. The Follett and Morrow Regulated Drain is just to the eaM of your property (tl1rough the railroad parcel). From your site plan, [think that your new building W01Jld be on top oftbe regulated dtain. This would not be ponnitted. YOl,J would be required to reloellte tht:: regulated drain so that it i~ not under your new bUllc!ing. 2. Please provide our offioe with civil engineering drawings showing the regula.ted drsiT) easement in relation to your .new building so that we /:an verify the Ipcation, 3. You can access our maps nll.(ine at ~'.co.halUilton.ip.~ link to online service~ and then to GrS. ShOllld YOll have any questions please oontact me at 776-8495. Thank you. Sincerely, ~!Yv1'V'1 (J..JJqYV\o/'fO ~ny Cha}(mnn Plan Reviewer cc: City of CllJ1I1el~Bngjneer City ofCarmeJ.Department of Community Services H.amilton CO\.lnty Depllrtment of Soil Conservation Services Hamilton County Highway Department i i I : k\Jf,~~ Sb~_"':r-:.."t: : II I .' . ~ I ~I~ Sn......wr B\t...: ~.~~s. ill v~: ~~_._"Il-~~ i :"'J . __, ...... ~ J, '-, .;..t1 ,,~. - ,"""'-. t3 ,.... OIlJ~ I Ii 3. ~\CA.<.. H ILL. ~ to3dl ~fo&C>~-1fJ~ ; l [I , NI'!Q.-9."'L ~ .!2F~ 1!IIY. Sc.o:n: : ~C~ ~5 -'L-:e ~~ _~. h~ ... . ./' ~a , ~.-. at ~ 15: ~C>~_~Qm ~ :j/Cr/Jj~A ~ Ii ~I ~~ ~LI /" e1/Prfy Jj ~ ~L . lJee. P002 ~~ 61Lt-.'. ~ ~r;k. ~~.s :1 ~ 1 !l ~ ;1 :1 ~ \ I1II 'I ~ .; !!!i ",j 'I":! II"J I~ ,I'll fill ;113 Iii I:, ;\'1 , ,I, Iii 1 l:li II ~ ~ j ~ i \}I ~I., ; I j ;~ il! ill: ~t :,1 Ilj :fI' : :.r :I! :If l~ ., v u , 0/'11 oz.. 1_ M'i..: I, -nfl,€ I $~tAL '-. 5."i1f: IM.~ .;r5-: - u u Mike Salay, AlA Salay Architects 6801 Lake Plaza Dr. Indianapolis, IN 46220 ,-0filljy.~t,: . dv ~ /J r~ h.. '~/ \, " 7: y~\ ci! RECEIVED \~\ ~J OCT 18 2002 ~--=-\ f:fj DOCS )3 -y RE: Carmel Historical Society LETTER OF APPROVAL The undersigned has reviewed the proposed plans for Carmel Historical Society and has approved the plans subject to the following: 1. After review of this project, I have no further conditions or comments at this time 2 3. 4. 5. 6. Date: October 14, 2002 By: Gary Hoyt, Fire Marshal Carmel Fire Department ,.~~fath ~,~ r.... .' I 1 ;:.;. .\. ',' '.':-" ;'~.~+;LrQN_~9:~~i:(..' u u City of Carmel DEPARTMENT OF ENGINEERING RE: Carmel Oay Historical Societ:y-Project. Review #1 October 15, 2002 Michael E. Batay Balay Architects 6801 Lake Plaza Drive, Suitc c-305 Indianapolis, IN 46220 Dear Mr. Balay: The dmwings submitted for Technical Advisory Committee review for this project are primarily architectural. This office requires civil drawings for review. The civil set should include existing and proposed tapas, storm drainage, water and s<'l1litary sewer cormections, etc. We also require drainage calculations to be submitted. This office will defer conunents until appropriate plans are submitted for review. ~;;J;L Dick Hill, Assistant Director Department of Engineering Cc: M. Kate Weese, City Engineer -. Mike McBride, Assistant qty.fiIigineer Jon Dobosiewicz, Department of Community Services Laurence Lillig, Department of Community Services John Duffy, Carmel Utilities Paul Pace, Distribution Jim Haag, Collection S:\PROJREV02\CARCLA YHIST ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2441 "... . - ,", 1- u u TAC OCTOBER 16,2002 UrQ8n Forester Notes Carmel Clav Historical Society: There are no objections to the Use Variance, but no landscape plan has been submitted with the Development Plan. Comments will be made after a landscape plan has been submitted. Lakeside Park. Section One: The Landscape Plan for the Secondary Plat and Construction Plans does not meet the Open Space Plan, Landscape Plan, Buffering requirements, and Tree Preservation Plan commitments submitted for the approved Primary Plat received by this office on August 29, and September 10, 2002. The Secondary Plat plans and Construction plans must meet, or equal these approved plans. Sheet 6 shows the installation of a storm sewer between yard inlet 159 and yard inlet 160. This sewer installation bisects a tree preservation area (Common area #1). The installation by trenching through this tree preservation area is not acceptable. Sewer installation through tree preservation areas must be accomplished by tunneling to sufficient depth not to injure trees in the woodlands; otherwise, drainage should be accomplished by grading, earthwork, or trenching outside the tree preservation areas. These woodland preservation areas are primary natural openspace conservation areas. Lakes at Havden Run. Section Two: Four "street trees" shown along Lorenzo Boulevard on the Primary Plat are missing from the Secondary Plat landscape plan for Section Two. These need to be replaced. The developer's commitment to plant at least one large maturing shade tree near the street but outside the right-of-way in the front of each lot not on Lorenzo Boulevard (a county thoroughfare) must be included in Section Two as it was in Section One. The individual amounts for species are missing from the submitted landscape plans. These must be added to the plan. The Primary Plat Landscape plans show the woodland on the north perimeter being saved in its entirety. The Section Two plans show an encroachment into the woods by lots, a drainage easement, and a 6' asphalt path. Sheet 22 shows Tree Preservation Detail F (fencing), but there is no corresponding fencing on the Landscape Plan. This woodlands in its entirety is a primary conservation area on the open space plan for this subdivision as submitted to the Carmel Clay Plan Commission on October 21,2001, and subsequently approved. This issue must be resolved before this plan can be approved. Fence row or native trees along the north-east perimeter should be preserved by utilizing tree protection measures as well. Villaqe of West Clav. Helen Wells Buildinq: The Villas at Sweet Charity Farms: Landscape plans must include planting notes and graphic planting details. Please also include a diagram detailing required bufferyard plantings and proposed plant numbers. Any additional shade trees committed to be planted in the front yards of lots must be near the street but outside the right-of-way. Please detail the species of the 102 shade trees committed for the 51 lots on the landscape plans. Additional plant materials for buffering should be added behind Lots 1-7 and along the path between Benevolence Court and Beaument Boulevard South to screen views into the PSI property. More should be added along the east perimeter south of Lot 27. It my suggestion that the open drainage on the south east corner be graded outside the existing strip of brush and woods. ~ " u u Laura Vista Subdivision: Due to the wildlife in this area, connectivity of the common areas should be a priority. The US Fish and Wildlife Service has acknowledged this riparian corridor (forested floodplain) as an ecologically sensitive area (possible habitat for the federally protected Indiana bat) that should not be disrupted, A written tree preservation plan needs to accompany the secondary plat including graphic details of the tree and all woodland protection measures, Wooded common areas need to be listed as tree preservation areas on the plat and in the neighborhood covenants, Requirements and allowed activities must be detailed for tree preservation areas within the neighborhood covenants. If a monument sign is proposed, a plan of the sign the required landscaping must be submitted. There has been no landscaping plan submitted at all. If one is not proposed, a written explanation must be provided. I will be glad to meet separately and on site if needed. Shade trees should be planted along the portion of the multi-use path from Laura Vista Drive west to the woods. (Path on plat?) Clav Terrace: There have been significant changes between the Rezone PUD plan and the Development plan currently submitted. The current plan does not include any landscaping, tree protection, or reforestation plans as required with the Rezone application. Comments will be made when those are submitted. The areas to plant the required landscaping and reforestation seem to have significantly lessened due to changes in storm water detention and change of layout. Motorcvcles of Indiana: No change of use? Cherry Creek Estates: No submittal Providence at Old Meridian: Correct mistakes on plant schedule, No Austrian pine, no red maples, no cockspur thornless hawthorn, change Malus Coral Burst to recommended species. American Standard for Nursery Stock (1996) not ANSI. Significant changes to PUD development plan - doesn't match original plan (Mark Timmons) or installed (Rick Riddle). Label all plants individually and give #'s in schedule. Planting details - plant trees with root flare at grade level (not same as nursery), don't pile mulch up on trunk of tree. Remove large dead Oak at entrance and others that are risk trees. Donate large White Oak sections for community use. Plant evergreen screen on Arbors border as agreed when development plan approved. Areas of constructed soils? Clarian Hospital North: Haven't had sufficient time to make a complete review. Construction causes a removal of a significant section of trees. No planting schedule, needs table of requirements vs. plan, NO Austrian Pines, NO Pin Oaks, replace Tilia cordata with Tilia tomentosa. Planting details - flare root at grade level. Why planting pits for containerized trees? Suggest constructed soils. Carmel Transportation Facility: Correct mistakes on plant schedule. No Austrian pine, no red maples, no cockspur thornless hawthorn, change Malus Coral Burst to recommended species. Plan shows trees in pond. Plant trees on west side of lake along parking lot. Note: remove wires and stakes after one year. Label individual plants. Planting details - plant trees with root flare at grade level (not same as nursery), don't pile mulch up on trunk of tree, 0;. , .~ u u CARMEUCLAY TECHNICAL ADVISORY COMl\IIT5 AGENDA I !~d'~11Q~1 'Poes Date: Place: ~ c).OO;r Ttl C).?'O a m c)'40 H m 1O'1O;t m 1O."W a m 1O'50.q m \\ \\ \ ' \, " October 16, 2002 Department of Community Services Conference Room 3rd Floor - Cannel City Ball Carmel Clay Historical Society (Use VariauceDevelopment PlsntP V!7~~c?.;l, , The applicant seeks approval to construct an additional structure. The site IS t/l J'.u;7*~ located at 211 First Street Southwest. The site is zoned R-2/Residence within the .,. OLd Town Overlay Zone. ' Filed by Balay Architects for the Carmel Clay Historical Society. Lakeside Park, Section One (Secondary Plat and Construction Plans) /.pf...cJ~ The site is located on the southwest comer of West 14151 Street and Towne Road. *-. The site is zoned S-l/Residence - Very Low Density. Filed by Dennis Olmstead of Stoeppelwerth & Associates, Inc. for Roehling Enterprises, Inc. Lakes at Hayden Run, Section Two (Secondary Plat and Construction Plans) ~;.2-C'~ The site is located on the north side of West 131st Str.eet approximately one- ~ quarter mile west of Towne Road. The site is zoned S-l/Residential ~ Very Low D Density. Filed by Dennis Olmstead of Stoeppelwerth & Associates) Inc. for C~tex Homes. Village of West Clay, HeUen Wells Building (Construction Plans) The site is located at the southeast comer of 131 at Street and Towne Road within the Village of West Clay. The site is zoned PUDlPlanned Unit Development. Filed by Dave Sexton of the Schneider Corporation for Brenwick TND Communities. The Villas at Sweet Charity Fanns (primary Plat) The applicant seeks approval to plat a 52.lot residential subdivision on 34.51 acres. The site is located on the south side of 14151 Street 1/8 mile east of Towne Road. The site is zoned S-IIResidence - Estate. Filed by Rich Kelly ofEMH:&T for Justus Home Builders, Inc. Laura Vista Subdivision (Secondary Plat and Construction Plans) /31" 00<. The applicant seeks approval to plat a 55-lot residential subdivision on 34.94 acres. The site is generally located south of Danbury Estates subdivision between SR 421 and the Foster Estates Subdivision. The site is zoned R-IJResidence. Filed by Brandon Burke of The Schneider Corporation for Primrose Development, LLC. Panhandle Eastern Pipeline Co. has no company Facilities involved in this project ~. iJ.f..A d~ ..,ttJ:, 7- O~2- Slgr~ Date '* 4- 1(2 ~. , : ',.II u u page 2 of 2 TechniC'.u Advisory Committee Agenda October 16, 2002 ] 1 '')0 $I m l?'()()pm 1 '00 p m 1'30 P m )'00 p m )''10 P m Clay Terrace (PreBjminary Development Plan) /~ C9-.. The applicant seeks. approval of a preliminary development glan. The site is q'(I. located at the southwest comer of US Highway 31 and East 146 Street, "-- Filed by Jeff Clayton of American Consulting, Inc. for the Lauth Property Group. Break for Lunch; 1 hour The meeting will resume at 1:00 p.m. Motorcycles of Indianapolis (Amended Development Plan) /4J/~ The site is located at 4146 East 96th Street. The site is zoned B-3 (Business). Filed by Bill Keller ofKES Consultants, Inc. for Motorcycles ofIndianapolis. Cherry Creek Estates - Formerly Cherry Tree Estates (Primary Plat) The applicant seeks approval to plat a 273-lot residential subdivision on 149.562 acre~. The site is located on the east side of Hazel Dell Parkway north and south of Cherry Tree Road. The site is zoned S-l/Residential - Low Intensity. Filed by Dennis Olmstead of Stoeppelwerth & Associates, Inc. for Platinum Properties, LLC. Providence at Old Meridian (Development Plan Amendment) /#- a.:{ The applicant seeks approval of an amendment to the approved Development Plan for Providence at Old Meridian. The sit is located at the northeast corner of West Carmel Drive and Old Meridian. Avenue. Filed by Gary Murray of Paul I. Cripe for Buckingham. /%a;;. L~-O';( Clarion Hospital North (Rezone and Developmenf Plan) The site is located at the southwest comer of Pennsylvania parkway and College Avenue. Filed by Joseph M. Scirnia of Baker and Daniels for Clarion Health Partners, Inc. Panhandle Eastern Pipeline Co. has no company Facilities involved in this project ---as. M~ lj),,::,_~(J.z Sign(1 Date . c{~ DF- ~ 1c- u One CivioSqlJare Carmef, IN 4e032 (317) 571.2417 Fax: (317) 571-2426 )tl>c']t7e/ 6h7 To~ &/ay AIY'4/.kcr~ Fcuc !~ -9~<f Phone: Re: /~11tV)dq IO-/'-o~ u o Urgent 0 Far Review 0 Please Comment 0 Please Reply o PleasE! Recycle , I' , \ u. u LEROY K. NEW ... A PROFESSIONAL CORPORATION 1910 EAST 106TH STREET CARMEL. INDIANA 46032 (317) 646--5515 FAX: (317)846-0410 Laurence M. Lillig Jr. Planning & Zoning Admr. Department of Comm.Serv. One Civic Square Carmel, IN 46032 Re: Carmel Clay Historical Society, Petition for Archival & Conversation Center Dear Sir: Please remove my name from the above file for Special Exception ~nd th~YOU. ty~, . New.' ........ Rumecr ~ , , fR~O~J1P.ffC:>~ OCT '-:' 'l~ -1 it 4 2002 DOCs.$' ''" ,,~:~~~- ~~:~,~.. October 1, 2002 Laurence M. LiIlig Department of Community Services One Ci~yic.Sqllare Cannel, IN 46032 Mr. Lillig: ._; ~:-:,' r' ~!"." ~. . I . ~ ~ RECEIVED OCT . 220(12 DOCS -I , . Since leamingfrotn the Indiallapolis Star's legal ad office that the deadline for public notice (of the CCHS variance applications) by Thursday, October 3rd, has passed, and since the .cost and the additional delay in time relating to the "deed or court order" upon which you insist (involving title search, law suit, surveys,etc,), must be. reported to and considered by the CCHS governing body, the scheduled appearance of the CCHS before the Board of Zoning Appeals on MonQay, October 28th is obviously p.ointless. . If, in a timely and considerate fashion, the CCHS can be notified of an appearance before the Board at the November2Sth meeting, we will continue our appeals at that time, if, that is, the Society decides iliatthe "court order" ~ses, ill additioo to $1,750 filing fees, are feasible. For the CCllS: ~. ~ 05~ rjgfwz/ d~ Yodel;y Visit Us At 2n Firsl Streel, S.W., Carmel, Indiana 46032 (317) 846-7117 .~ ,j (J u ~i J '{!'!f/J~~ lib.!! r CA~ \\\\\\!c-..,qyo ~~~4i, =- @e;'Y ~~ ~ ~t; /' j 'G ?' \ ~ '" ,,0. <.!l. ~ ~ U~,({,-V ~'Z ::; *,~ ~\u.n j; ~ ~ A (----- ~ \~ '~~~/~~.~~ , ~(7bN~'CO'111It,\\~ ~llfJ CITY OF CARMEL Leroy K. New 1910 East 106th Street Carmel, IN 46032 DEP ARTMENT OF COM,M'tTNJTY SERVICES '. .A \\:~:::Ij (<, Division of Rlanning & Zoning fJ'" " ~ . ..,../ . "'/' \/\ (':;, RECEIVED '/~-:\ 1 October 200Q-j OCT 1 2002 i'== 1 ~) DOCS .:~~/ (\. .' ~')/ ;./)... <",/ .. ./ " ,~-r-I-\~ ''\ )./ 1_'J ~ Re: Carmel/Clay Historical Society Archival & Conservation Center Via US Mail Dear Mr. New, In response to your letter dated September 30, 2002, I again direct you to take up any case you may wish to make regarding the process for adverse possession with the Department of Law. As I have noted previously, the Department of Law has advised the Department of Community Services that the documents you have furnished are insufficient to establish ownership of the ten- foot strip adjoining the CanneVClay Historical Society's property to the east. The Society needs to provide either a deed or a court order generated by a quiet title action wherein the court acknowledges that the Society has title by adverse possession. I have provided City Attorney Douglas C. Haney with a copy of your correspondence. Since you were not specific, I do not know to what city street you are referring in your letter, but the City of Carmel has never, to my knowledge, allowed a public right-of-way to be lost in this manner. Furthermore, the property in question is, according to the Hamilton County GIS, owned by CSX Transportation, not the City of Carmel. According to the Department of Law, the City purchased a fourteen-foot wide strip from that same parcel (Tax Parcel 16-09-25-04-04-017.000) to accommodate the Monon Trail, but not immediately adj acent to the CarmeVClay Historical Society's site. As bestwe can establish, the balance remains the property of CSx. With respect to the process that Vera Bailey went through, I direct you to explore that with the Department of Law; the Depm1ment of Community Services was not involved in matters related to the acquisition of property for the Monon Trail. As for any verbal representations that were made in the past by the Department of Law, I again direct you to take the issue up with that Department. No one at the City of Carmel doubts the contribution that the Historical Society makes to the CanneVClay community, nor does anyone at the City wish to keep tbe Society from being Page 1 ONE CIVIC SQUARE CAII.1\ffiL, INDIANA 46032 317/571-2417 Page 2 Carmel/Clay Historical Society o o } ,,- able to carry out it mission. In fact, we look forward to the improved service the Society will be able to render once this project has been completed; however, that does not excuse the Society from meeting the sm,:ne standards that any other citizen of CarmeVClay must meet. The Society's petitions are scheduled to be heard at the Monday, October 28, 2002, meeting of the Board of Zolling Appeals. As you are aware, any approvals granted will be contingent upon the satisfactory resolution of the ownership question. No Improvement Location Permits will be issued until such time as a Deed has been recorded that combines the Society's parcel to the ten-foot strip under a single Legal Description. If I can be of any furtherra'Ssistance, please do not hesitate to contact me at 317/571.2417. j. 1~1Jf . e . Ilig, Jr. Planning & Zolling Administrator Department of Community Services Cc: file: C/C Historical Society (UV-178-02) Jeff Kendall, DOCS, Building COlnmissioner John R. Molitor, BZA Attorney Douglas C. Haney, Carmel City Attorney Tom Rumer, C/C Historical Society, 211 2nd Street SW, Carmel 46032 Michael Balay, Balay Architects (fax: 317/845-'9428) Page 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 /571-2417 " u LEROY K. NEW u ~ September 30, 2002 A PROFESSIONAL CORPORATION 1910 EAST 106TH STREET CARMEL, INDIANA 46032 ~ 0[:~fCEIVED . I)q 30 ~!]lr)(j .,..!lv, DOCS . Laurence M. Lillig Jr. Planning Administrator (317) 846-5515 Department of Conununi ty Service~: (317) 846.0410 One Civic Square Carmel, IN 46032 Dear Mr. Lillig: I want to respectfully disagree with your pOSition that the state statute regarding adverse possession would not clear title to the 10 foot strip, long since abandoned. The statute has been accepted by title companies, lawyers in Marion and Hamilton Counties regarding transfers of property. In fact, it was accepted early this year, vacating an abandoned city street. The street was on the original plat ages ago, but never built. Houses now are present on the abandoned right of way. Carmel Clay Historical Society is virtually operated by volunteer help. It is vital to maintain. the history of this area. A Junior Historical Society is soon to surface. The building proposed is essential to the continued use of the depot and surrounding property. When the Depot was moved from it's original site, the future use, as sworn to, was absolutly zero. It became a 10 foot strip which, as the deed states, intended to convey a strip of land immediately west of the Monons right of way, title to which is now in the City of Carmel. . Location of the proposed addition interferes with absolutly no ones use of the right of way or other property. The cmly other property owner of the strip, Vera Bailey, was verbally told by the then legal department for the City that she owned her piece of the strip. The quitclaim deed, which was recorded, was transferred and executed by her aunt, now deceased. You, now, wish us to file for a court action which g~nerates a quiet title action, when the statute plainly says by affidavit it "sets at rest any claim of title to such real estate" and the owner, after 20 years of abandonment, shall be "barred from afterwards setting up or asserting any title to such real estate II . The strip, one block long,; was solely intended to load freight from the non"':existent~b-t. I would have to say that the ~Q~ption you take is quitec~ntrary to the Statute. {-~'/ ' ,j/ l~ ~__/{~roy ~~ cc: Tqfu Rumer J ! u u Tingley, Connie 5 From: Sent: To: Cc: Lillig, Laurence M Monday, September 30, 2002 2:12 PM Fahey, Joyce D; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S Hollibaugh, Mike P; DObosiewicz, Jon C; Lawrence, Kelli A; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B Docket No. Assignment: Carmel/Clay Historical Society (UV~178-02; V-179-02; V-180-02) Subject: The following Docket Nos. have been assigned to the Use Variance and Development Standards Variance petitions filed by Tom Rumer of the Carmel/Clay Historical Society for property located at 211 Second Street Southwest: Docket No. UV-178-02 ZO 8.1: Permitted Uses 648-square-foot museum expansion Docket No. V-179-02 ZO 8.4.3(A) <5' side yard $630.00 Docket No. V-180-02 ZO 25.7.02-8(b)(ii) parking requirement $70.00 $1050.00 The Total Filing Fee for these petitions is $1750.00. · These Items will not appear on an agenda of the Te.chnical Advisory Committee. . Mailed and Published Public Notice needs to occur no later than Thursday, October 3, 2002. PLEASE NOTE THAT BZA NOTICE IS TO BE PUBLISHED IN THE INDIANAPOLIS STAR. . Proof of Notice will need to be received by this Department no later than noon, Friday, October 18, 2002. Failure to submit Proof of Notice by this time will result in the automatic tabling of the petition to the Monday, November 25, 2002, agenda of the BZA . Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, October 18, 2002. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, October 25,2002, agenda of the BZA · This Item will appear on the Monday, October 28, 2002, agenda of the Board of Zoning Appeals under Public Hearings. . The petitioner will need to provide seven (7) fully filled-out Findings-of-Fact sheets (DSV application, Sheet 8) for each petition the night of the meeting for the Board's use. Petitioner must also remember to fill out only the Docket No., Petitioner, and date on each Ballot Sheet (DSV application, Sheet 7) for the Board. The Findings-af-Fact and Ballot Sheets must be collated. Connie, please contact Tam Rumer of the Carmel/Clay Historical Society at 317/846-7117 and Leroy K. New at 317/846- 5515 with this information. .~30;';2--- . r+ LaurenceM.Lillig,Jr. ~'(() c1.:/tJr-- <(;'-/"-01/10 Planning & Zoning Administrator ~-r:. Division of Planning & Zoning ( t}-ry( er-- Department of Community Services . LeA-'0 ~ 9- 30' D-z.. City of Carmel j1 . j One Civic Square '-{!..A/{./U7l ~. uf- d; :;? ~ ~. Carmel, IN 46032 ci-/ I V t;; bV ~vJ . :J-I \ r.J fttf..r'-::1( r p -r8nV~ Ad ' -b~d~ /~., (f-- & !oj;r;;:)' 'f.'?~ ~~.r '1(}7iV~ re1t:;;~ 317/571-2417 fax: 317/571-2426 llillig@ci.carmel.in.us 1 u LEROY K. NEW u September 30, 2002 A PROFESSIONAL CORPORATION 1910 EAST 106TH STREET CARMEL, INDIANA 46032 - - -- .' ------ . , ';'- Laurence M. Lillig Jr. Planning .Administrator Department of Community One Civic Square Carmel, IN 46032 (317) 846-5515 Service~: (317)846-0410 f RECEIVED SEP 30 ~ 2002 DOCS - Dear Mr. Lillig: l,i I want to respectfully disagree with your position that the . state statute regarding adverse possession would not clear title to the 10 foot strip, long since abandoned. The statute has been accepted by title companies, lawyers in Marion and Hamilton Counties regarding transfers of property. In fact, it was accepted. early this year, vacating an abandoned city street. The street was on the original plat ages ago, but never built. Houses now are present on the abandoned right of way. Carmel Clay Historical Society is virtually operated by volunteer help. It is vital to maintain the history of this area. A Junior Historical Society is soon to surface. The building proposed is essential to the continued use of the depot and surrounding property. When the Depot was moved from it's original site, the future use, as sworn to, was absolutly zero. It became a 10 foot strip which, as the deed states, intended to convey a strip of land immediately west of the Monons right of way, title to which is now in the City of Carmel. Location of the proposed addition interferes with absolutly no ones use of the right of way or other property. The only other property owner of the strip, Vera Bailey, was verbally told by the then legal department for the City that she owned her piece of the strip. The quitclaim deed, which was recorded, was transferred and executed by her aunt, now deceased. You, now, wish us to file for a court action which generates a quiet title action, when the statute plainly says by affidavit it "sets at rest any claim of title to such real estate" and the owner, after 20 years of abandonment, shall be "barred from afterwards setting up or asserting any title to such real estate" . The strip, one block lortSh,. wa~ solely intended to load freight from the non-existenf.!1:e'fp'bt. I would have to say that he '~~~~t.ion ,YAU take is quit~~cdntrary to the Statute. 7 -/. -j/~ Leroy w cc: Tom Rumer ! . u u CITY OF CARMEL ~~ {11rj/'~ I'll/Ii}! or C.4~ ~\\\ I:<-.~ >""'-"-<Z1i-= ~CJy J\~~ ~ It; / . 'C.\ ~ ~ 1:fJ" .., ~I ~ ~ {:,!Q (iJ; j' 1. =<j"" ~ ~ ",- -J'----. ,~! ~ ~ \/ . 'I I @ ~~0~:;<~'1~~ ,~Z?bN--CO"I'lf!I\\\' ~!I/JI DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning 25 September 2002 6....: \ ,;":'... . " Torn Rumer: .) ~ Cannel/Clay Historica1:Societ>?EC . 211 First Street Southwest 8EP 2 ~51V[D, . '! Carmel, IN 46032 . J\ DOCS POll:! j=-! \ - .....\., /.",' \',,- .' '.' Re: Carmel/Clay Hist()r..i~a,l0rciety-Mi"Chival & Conservation Center Via US Mail---C'~-;" - Dear Mr. Rumer, Upon review of the document titled "Quitclaim Deed" submitted to the Department of Community Services on Wednesday, September 25,2002, by you and Leroy New, the Department of Law has advised us that the docmnent is insufficient to establish ownership of the ten-foot strip adjoining the CanneVClay Historical Society's property to the east (Deed Record 115, Pagel02; dated November 21, 1924). The Society needs to provide either a deed or a cOUli order generated by a quiet title action wherein the court acknowledges that the Society has title by adverse posseSSiOn. The project will be scheduled for the Wednesday, October 17, 2002, Technical Advisory Committee (T AC) meeting. Once the agenda has been finalized, you will be contacted with the time. Please have a representative knowledgeable in the tec1mical aspects of the project in attendance. Please be sure to have the plans distributed to the members of TAC no later than Wednesday, October 2,2002. If I can be of any further assistance, please do not hesitate to contact me at 317/571.2417. Page 1 ONE CIVIC SQUARE C.i\JUVIEL, INDIANA 46032 317 /571-2417 Page 2 0 Carmel/Clay Historical Society Cc: file: C/C Historical Society Jeff Kendall, DOCS, Building Commissioner John R. Molitor, BZA Attorney Douglas C. Haney, Cannel City Attorney Leroy K. New, 1910 East 106111 Street, Carrhel 46032 Michael Balay, Balay Architects (fax: 317/845-9428) Page 2 ONE CIVIC SQUARE CARMEL, INDHNA 46032 o Jr.:' 317/571-2417 u u ~t ,- (';: \\!'\.\) ,,\:..V" 't~ r:;I"0\'.;S - IJ QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 23d day of September, 2002 by the first party, LEONARD HOLLOWAY JR. who post office address is 570 First Ave SE, Carmel, IN 46032 to the second party, CARMEL CLAY HISTORICAL SOCIETY, whose post office address is 211 First Street S.W., Carmel, IN 46032, WITNESSETH: That the said first party, for the sum of $1.00 paid by the said second party, the r~ceipt whereof is hereby acknowledged, does hereby RELEASE and QUITCLAIM unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land in the County of HAMILTON, State of Indiana, to-wit: "Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana described as follows: A STRIP OF LAND 10 FEET BY 197.97 FEET IN WIDTH ADJACENT TO THE ENTIRE EAST SIDE OF THE FOLLOWING DESCRIBED REAL ESTATE TO-WIT: Beginning at the Northeast corner of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3 East: thence South 00 degrees 03 minutes 44 seconds West on and along the West line therof 352.44 feet; thence North 88 degrees 59 minutes 44 seconds East parallel with the North line of said Southeast Quarte.r 423.78 feet to the True Beginning Point of this Description at a point that is 61 feet, South 88 degrees 59 minutes 44 seconds West of the West line of a ten foot strip of real estate deeded to the Chicao, Indianapolis and Louisville Railway Company for additional right-of-way by Samuel A. Hodkin per Deed Record 115, page 102 recorded in the office of the Hamilton County Recorder; thence South 00 degrees 52 minutes 40 seconds East parallel with the West line of said ten fbot strip 197,97 feet; thence North 88 degrees 59 minutes 44 seconds East parallel with the North line of said Southeast Quarter 61 feet to the West line of said ten foot strip; thence North 00 degrees 52 minutes 40 seconds West on and along said West line 197.97 feet to a point that is 352.44 feet South 00 decrees 03 minutes 44 seconds West of the North line of said Southest Quarter; thence South 88 degrees 59 minutes 44 seconds West parallel with said North line 61 feet to the True Beginning Point; containing 0.277 acres, more or less. o o ," ....... Quitclaim Deed: Leonard Holloway Jr. to: Carmel Clay Historical Society -2- This Quitcla~m Deed is for the vacation of a publiC way. IN WITNESS WHEREOF, the said first party has signed and sealed this Quitclaim Deed on the day and date first written above. Signed, sealed and delivered in e presen County of Hamilton State of Indiana Date: q - z~-o;;L Then personally appeared Leonard Holloway Jr. to me known to be the person described in and who executed the foregoing' Quitclaim Deed and ackhowledged before me that Leonard Holloway Jr. executed the same. , Notary Public S County, IN. Prepared bY: Leroy K. New P.C. 1910 E. 106th St Carmel, IN 46032 ;.' ,J u u QUITCLAIM DEED ~ Rt.CtW~~ ? (lro 1~ 'L0Q~ uti DOCS THIS QUITCLAIM DEED, Executed this 23d day of September, 2002 by the first party, LEONARD HOLLOWAY JR. who post office address is 570 First Ave SE, Carmel, IN 46032 to the second party, CARMEL CLAY HISTORICAL SOCIETY, whose post office address is 211 First Street S.W., Carmel, IN 46032, WITNESSETH: That the said first party, for the sum of $1.00 paid by the said second party, the receipt whereof is hereby acknowledged, does hereby RELEASE and QUITCLAIM unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land in the County of HAMILTON, State of Indiana, to-wit: "Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana described as follows: A STRIP OF LAND 10 FEET BY 197.97 FEET IN WIDTH ADJACENT TO THE ENTIRE EAST SIDE OF THE FOLLOWING DESCRIBED REAL ESTATE TO-WIT: Beginning at the Northeast corner of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3 East: thence South 00 degrees 03 minutes 44 seconds West on and along the West line therof 352.44 feet; thence North 88 degrees 59 minutes 44 seconds East parallel with the North line of said Southeast Quarter 423.78 feet to the True Beginning Point of this Description at a point that is 61 feet. South 88 degrees 59 minutes 44 seconds West of the West line of a ten foot strip of real estate deeded to the Chicao, Indianapolis and Louisville Railway Company for additional right-of-way by Samuel A. Hodkin per Deed Record 115, page 102 recorded in the office of the Hamilton County Recorder; thence South 00 degrees 52 minutes 40 seconds East parallel with the West line of said ten foot strip 197,97 feet; thence North 88 degrees 59 minutes 44 seconds East parallel with the North line of said Southeast Quarter 61 feet to the West line of said ten foot strip; thence North 00 degrees 52 minutes 40 seconds West on and along said West line 197.97 feet to a point that is 352.44 feet South 00 decrees 03 minutes 44 seconds West of the North line of said Southest Quarter; thence South 88 degrees 59 minutes 44 seconds West parallel with said North line 61 feet to the True Beginning Point; containing 0.277 acres, more or less. 1-4 . u u . .' Quitclaim Deed: Leonard Holloway Jr. to: Carmel Clay Historical Society -2- ~ . ,. This Quitclaim Deed is for the vacation of a pub11c way. IN WITNESS WHEREOF, the said first party has signed and sealed this Quitclaim Deed on the day and date first above. Signed, sealed and delivered in e presen County of Hamilton tr State of Indiana Date: q -- Z~--o (L Then personally appeared Leonard Holloway Jr. to me known to he the person described in and who executed the foregoing Quitclaim Deed and ackhowledged before me that Leonard Holloway Jr. executed the same. , Notary Public S County, IN. My :;;;~:~on!i001es: Prepared bY: Leroy K. New P.C. 1910 E. 106th St Carmel, IN 46032 u u CARMEL/CLAY TECHNICAL ADVISORY COMMITTEE AGENDA 2? .::..., t/ ,~" /:/ .~.J A;}b" f :"-; <:::;' Date: September 18, 2002 Place: Department of Community Services Conference Room 3rd Floor - Carmel City HaD 9'00 ~ m Q'10 ~ m j 10'00 ~ m )0'20::l m 10'40 ~ m Manor Healthcare Corporation (Rezone) The applicant seeks to rezone 4.321 acres to the OMIMF (Old Meridian I Multi Family) zone designation. The site is generally located south of 131 st Street between Old Meridian Avenue and Pennsylvania Street. The site is zoned OMlSFA (Old Meridian I Single Family Attached). Filed by Paul G. Reis of Drewry Simmons Pitts & V omehm for Manor Healthcare Corporation. New Collegewood Elementary School (Construction Plans) The applicant seeks approval to construct a new middle school facility. The site is located at the southeast corner of West 126th Street and She1borne Road. The site is zoned S-I/Residence - Estate. Filed by Jeff Bolinger of Fanning /Howey Associates for CanneUClay Schools. Carmel Clay Historical Society (Use Variance Development Plan) The applicant seeks approval to construct an additional structure. The site is located at 211 First Street Southwest. The site is zoned R-2/Residence within the Old Town Overlay Zone. Filed by Balay Architects for the Carmel Clay Historical Society. Clay Creek Overlook (Primary and Secondary Plats) The applicant seeks approval to plat a I-lot residential subdivision on 1.006:1: acres. The site is located at the east end of Redgold Run adjacent to High Grove Subdivision. The site is zoned S-I/Residence - Estate. . Filed by Dennis Olmstead of Stoeppelwerth & Associates, Inc. for Shamrock Builders, Inc. Natureworks (Site Development Plan) The, applicant seeks approval of a Site Development Plan to renovate an existing site. The site is located at 421 South Rangeline Road. The site is zoned B-1 Business. Filed by Randy Sorrell. ..~~rt":i:~~c:~"~ Die 4:- Dr- 4=- i:jc \ u -- ~ One Civic Square Carmel, IN 4€032 (317) 571-24~7 Fax: (317) 571-2426 N/c;{~e/ x:3z~y To: (a,r.m~ C~ V~/;A/From: ~ L<Z Fax: /#'- ! Pages: Phone: Date: 9-q -oc>( Re: Me, 1YtZl1dr CCl o Urgent 0 Fa!" Review 0 Please Comment D Please Reply o Please Recycle C#'flle/ C4~ ~~,~ Y<!lC,G.7 cZbck~~ /Ft? u u .(II/~ , ii/ljl,'1 or: G'I ~ ,\\\\k~r'--"'~'~% ~ '\i0j( j' .~~~ .~ I'" i\ .' 'C.\ ~ ~ -If m (c:.~) 01~r-' ~'! -If ~ ~ ,(C y 5>J ~ ~ \. (L., , ) I ~ ~~~----~/~Q;' '4t//. --.........0." ll\\\~ ~ ION C IlIf/'III' ~/III! CITY OF CARMEL Tom Rumer CarmeVClay Historical Society 211 First Street Southwest Carmel, IN 46032 DEPARTMENT OF COMM:tJNITY SERVICES . . . ,/\ ',;H_LL~J /.. ',;'-., DIVISIOn of IHaunm2 & ZOnIng /'^' v ~ '1Y' l-/f ,Rfc, ~ '~~\ 4 September 2062.,1 <PEP 6'&//f/J j:J1 B~. "'11 lut7; 11'" 1f~\ UuCs /9,1 ^ /'!y/ / ..>... /or,,/ ~?r""/'=-,-- .... \ ~y Re: Carmel/Clay Historical Society Archival & Conservation Center Via US Mail Dear Mr. Rumer, Upon review of the docmnent titled "Affidavit pursuant to I.C. 32-1-19-1" submitted to the Department of Community Services on August 5, 2002, by Leroy New, the Department of Law has advised us that the affidavit alone is insufficient to establish ownership of the ten-foot strip adjoining the Carmel/Clay Historical Society's property to the east (Deed Record 115, Pagel02; dated November 21, 1924). The Society needs to provide either a deed or a court order generated by a quiet title action wherein the court acknowledges that the Society has title by adverse possessIOn. The Department has been apprised by a third party that the grant funds available for this project are in jeopardy of being lost if this matter does not soon proceed before the Board of Zoning Appeals. I have consulted with the Board's Legal Counsel to determine whether it would be possible to allow the Society to proceed to a Public Hearing before the Board prior to the ownership question's being resolved. Based on those conversations, the Department will assign Docket Nos. to the petitions, and they will be scheduled for the Monday, October 28, 2002, meeting of the Board of Zoning Appeals. However, you must be aware that any approvals granted would be contingent upon the satisfactory resolution of the ownership question. No Improvement Location Permits would be issued until such time as a Deed has been recorded that combines the Society's parcel to the ten- foot strip under a single Legal Description. Page 1 ONE CI\'1C SQUARE CARl\fEL, INDIANA 46032 317/571-2417 Page 2 CarmeVClay Historical Society o o The project wiil be scheduled for the Wednesday, September 18, 2002, Technical Advisory Committee meeting. Once the agenda has been finalized, you will be contacted with the time. Please be sure to have a knowledgeable representative in attendance. No one appeared at the Wednesday, August 20,2002, meeting to represent the project. If I can be of any further assistance, please do not hesitate to contact me at 317/571.2417. -f) . 1,/--' Q a ne "lig,Jr. Plam 'ng & Zoning Administrator Department of Community Services Sincerely, Cc: file: C/C Historical Society Jeff Kendall, DOCS, Building Commissioner Jo1m R. Molitor, BZA Attomey Douglas C. Haney, Cmmel City Attomey Michael Balay, Balay Architects (fax: 317/845-9428) Page 2 ONE crVIC SQUARE CAR11:EL, INDL'\.NA 46032 317/571-2417 u u Lillig, Laurence M -----Original Message--u- From: Haney, Douglas C Sent: Wednesday, August 14, 2002 10:51 AM To: Ullig, Laurence M Cc: Gumberts, Karen L Subject: Carmel/Clay Historical Society Lillig, Laurence M ,4: f5 Wednesday, August 14;.,(2Q~~h 1: 12 AM Haney, Douglas C. IC'!Y . f RE: Carmel/Clay Hlsto(lcal SOR'efYEIVED R AUG 19 2002 I thought it might be something along those ~ ,;\\ e'))-, If", ~ From: Sent: To: Subject: Thanks, Doug. Lawrence: The Society needs to show you a deed or a court order generated by a quiet title action wherein the court acknowledges that the Society has title by adverse possession. Just saying they do based on their reading of the statute is not enough. Doug 1 -... ....,; u CARMEL/CLAY TECIlNICAL ADVISORY COMMITTEE AGENDA Date: August 21, 2002 Place: Department of Community Services Conference Room 3rd Floor - Carmel City Hall 9'00 :l m ~r 9'?O R m 9'40 ::1m 10'00:1 m 10'20 -;] m. 10'40 ::l m ?t'Doeket No. 108-02 SP; West Carmel Center, Block B, Lots 1 & 2 _., (Secondary Plat) The applicant seeks approval of a Secondary Plat for a 2-10t subdivision. The site is located on the southeast corner of Commerce Drive and West l06th Street. The site is zoned B-5/Busmess and is subject to the US 421 Overlay requirements. Filed by Paul G. Reis of Drewry Simmons Pitts & Vomebm for West l06th Properties, LLC. Meridian Corners Professional Building #1 (Development Plan) The applicant seeks development plan approval to construct an office building. The site is located at the southeast comer of Meridian Comers Boulevard and Shakamac Drive. The site is zoned B-5/Business. Filed by Mike DeBoy of Mid States Engineering for Thornberry Investment, LLC. Aberdeen Bend (Secondary Plat and Construction Plans) The applicant seeks Secondary Plat approval to plat 26 lots on 24.23:1: acres. The site is located on the north side of West 13181 Street, '12 mile west of Towne Road. The site is zoned 8M llResidence - Estate. Filed by Doug Corey of Mid-States Engineering for the Jones Company. LaurelwoodlHendersoll Maintenance Building (Site Construction Plans) The applicant seeks to construct a maintenance building within the Floodway. The site- is located at 10211 Ditch Road, 1;4 mile south of l06th Street. The site is zoned 8M 1 !Residence M Very Low Density. Filed by R. J. Klein & Associates for Richard Henderson. Evangelical Baptist Mission (Use Variance Development Plans) The applicant seeks development plan approval to construct an office building. The site is located on the east side of Shelbome Road, 1/8 mile north of West 96th Street. The site is zoned R-IlResidence. Filed by Charles D. Frankenberger of Nelson & Frankenberger for the Evangelical Baptist Missions. Carmel Ambulatory Surgery Center & Endo Center (Development Plan) The applicant seeks construction plan approval for a medical office building. The site is located at 13421 Old Meridian Street. Page 1 of 2 ~((:iie ~..~:~i2 r.b~:~ (,~r:HTJ ! :.-!';.iO~\f{-:,:'~ fn~'f"::l c,~, :i!id;:.e~-:=- l:fh~:;q-~.. '7 D~ DP 4- ~. ~ "'"\ g Page 2 of2 Technical Advisory Committee Agenda August 21,2002 ~Jo.m 11 '10 H m. 11 '::;0 :1 m Filed by Becky Feigh ofBSA Design for 81. Vincent Hospital and Health Care Center, Inc. Carmel Clay Historical Society (Use Variance Development Plan) The applicant seeks approval to construct an additional structure. The site is located at 211 First Street Southwest. The site is zoned R~2lResidence within the Old Town Overlay Zone. Filed by Balay Architects for the Carmel Clay Historical Society, Cannel Junior Higb School (Special Use Construction Plans) The applicant seeks approval of additions and renovations to an existing school facility. The site is located at 300 South Guilford Road. The site is zoned R- l/Residence. Filed by JefIBolinger of Fanning /Howey Associates for Carmel/Clay Schools. qc ~ Clay Junior High School (Special Use Construction Plans) The applicant seeks approval of additions and renovations to an existing school ~. facility. The site is located at 5150 East 1261h Street. The site is zoned S- I\\' IlResidence - Low Densitv. /LJ ' - Filed by Jeff Bolinger of FanninglHowey Associates for Carmel/Clay Schools. r:J,~F> h.-, ,"', ~-,"I . C,J,j ~I ~Qnf.....rj4'T~' h I~ _n (-...o~" i{:;~::; /~~:~ '~'~ii',;":;~ ~'\:'),~ (:: ~~ C i (,iti e f "-'. ;~~ss..l...I1;;;).:: j-rC'10Ci . >(1 'YJ2--"-""~ ft", 3 .. ." .- -. --.- ~i;~"~- Page 1 of2 u u One Cil/rc Square Carmel, IN 4SJ32 (317) 57i -2417 Fax: (317)571-2426 To: k/~ A.Q'rt/ &/a,/ / Fax: I~O - 9~r From: ~ yq . Pages: 3 Phone: Date: r... /01. - 00\ Re: 7A-C/ 4:lt2A cI? cc: o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recyde {?' klnl!/ C~ /h'hlfc.../ ....t;C/:.:~ {use J/arI4~C~ ~~v"<l./c~/?I(ur P.4:J u u ~mJ~~~UneeJ9'~ ~ RECEIVED l'l{I t,1J lJ 6;' '2 DOCS u u (/, I \ /'" '... / . /~,/' ~: ~ RECEIVED AUB 5 2002 DOCS . " // " AFFIDAVIT PURSUANT TO I.C. 32-1-19-1 -i i , - / NANCY HINSHAW, as President of the CARMEL CLAY HISTOR~CAL SOCIETY, being duly sworn upon her oath, says: '~ ''7 -- - ~:'--.!....."-' The CARMEL CLAY HISTORICAL SOCIETY has openly, notoriously, continuously and uninterruptedly occupied and maintained the property described herein and files this AFFIDAVIT pusuant to I.C. 32-1-19-1, claiming title the the ten (10) foot strip of land which is located, by parallel lines, immediately adjoining the EAST line of claimants property, generally known as 211 First Street, S.W., Carmel, Indiana 46032, located between it and the Manon Greenway easement. ,-I ;' :''/' That said possession of said 10 foot strip has existed more than twenty years, during which time it has been seeded and landscaped and used as an adjunct to cl~imants property. The 10 foot strip of land was purchased and dedicated to pubIc use as a pathway for freight at the back door of the Manon depot, which long since has been moved away and there is no more need for the 10 foot roadway. That Claimants property is tax exempt, but any taxes assessed on said 10 foot right of way has been paid. That the 10 foot strip is described as follows: "A part of the East Half of the Northeast Quarter of Sec. 25, Township 18 North, Range 3 East as follows: Starting at Claimants Northeast corner at a point on the north line thereof, thence east, parallel to 1st St. S.W. a distance of 10 (ten) feet; thence south and parallel to the Monon Greenway easement a distance of 197.97 feet to a point; thence west a distance of 10 feet; thence north a distance of 197.97 to the place of beginning." Claimant asserts title, by adverse possession, in CARMEL CLAY HISTORICAL SOCIETY and prays that the owner thereof be barred from afterwards setting up or asserting any title to such real estate. IN WITNESS WHEREOF, the said NANCY HINSHAW, as President of the Carmel Clay Historical Society, has hereunto set her hand and seal this a!Il. day of August, 2002. . Society u u j: P.2 Affidavit: I.C.32-1-18-1 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Comes now A/A-IVCY /l1J,J5~A"-) , Notary Public in and for the County of Hamilton, State of Indiana, and says that the above signature of Nancy Hinshaw, as President of the Carmel Clay Historical Society, was voluntary affixed in my presence and that it was her true and voluntary signature. ~~~J Res. of: ~ Co. SUZELLEN PATTERSON SEAL NOTARY PUBLIC HAMILTON COUNTYt INDIANA COMMISSION EXPIRES 8-17-08 v u Monday August 5, 2002 9:45AM Leroy New stopped in at the request of Tom Rumer. Attached please [md the Affidavit Mr. Rumer suggested Mr. New submit. Mr. New would like to be called when a Docket Number has been assigned. Please call him at 846-5515. Thank you, Joyce u u July 12. 2002 TO: Tom Rumer I recommend you put this as one of your reasons for asking for a variance: I.C. 32-1-19-1 provides: that a property. dedicated to public right of way, becomes a roadway for public use. The use as a roadway has been abandoned for more than twenty (20) years, during which time. claimant has landscaped, and maintained it as its own. Claimant is a non~profit entity, thus, no taxes due on the property, and the petitioner. as adjoining owner. under adverse possession. claims title thereto. The statute goes on to say that title becomes vested by such continuous use and care and bars the original owner from asserting any title to such real estate. Leroy K. New 846 5515