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HomeMy WebLinkAboutCorrespondence
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One Civic Square
Carmel, iN 4E'032
(317) 571.2417
Fax: (31'7) 571-2426
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From:
Sent:
To:
Subject:
Hancock, Ramona B
Monday, September 26, 2005 3: 19 PM
, preis@drewrysimmons.com': 'Robert. Cripe@PeabodyPainting,com'
Special Studies Committee Agenda
Agenda for the above committee meeting on October 4, 2005 is attached,
If you have any questions, please let me know.
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55-2005-1004, rtf
Ramona Hancock
Admin. Assistant
Carmel Plan Commission
3176-571-2412
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Hancock, Ramona B
From:
Sent:
To:
Subject:
Hancock, Ramona B
Monday, August 29, 2005 9:33 AM
'preis@d rewrysim mons. com'; 'robert.cripe@peabodypainting_com'; 'charlie@N F -law _ com'
Special Studies Committee, Carmel Plan Commission, 9-06-05
Agenda Attached If you have any questions, please let me know.
Ramona
317,571.2412
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DREWRY SfMMoNS VORNEHM,LLP
A T TOR N E Y 5
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8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580.4848 telephone . (317) 580.4855 facsimile. www.drewrysimmons.com
Pattl G. Reis
1!.reis@drewJ1/siIIIIll0IlS.C017l
317.713-6054
Direct Dial Number
June 2, 2005
Via Hand Delivery
Mr. Matt Griffin
Department of Community Services
City of Carmel
1 Civic Square
Carmel, Indiana 46032
RE: Carmel Plan Commission - Special Studies Committee
Docket No. 04090045 ADLS O'Malia Fireplace
Our File Number: 4278.001
Dear Matt:
On behalf of our clients, O'Malia Fireplace Shop and the Helen O'Malia Trust, we request
that the above-referenced item be tabled until the next meeting of the Special Studies Committee
to be held on July 5, At that time we will update the Committee on our efforts to reach an
agreement with the Carmel Redevelopment Commission to provide access to the site other than
Range Line Road and thus affect the ADLS application on file,
If you have any questions, or are in need of any further information, please contact me.
Thank you very much for your cooperation and assistance.
Best Regards,
DREWRY SIMMONS VORNEHM, LLP
PGRJlg
Enclosures
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MARSH SUPERMARKETS, 9800 CROSSPOINT BLVD, INDIANAPOLIS, IN 46256-3350
April 15, 2005
DAVID T. O'MALlA
Associate Counsel
PHONE (317)594-2354
FAX (317) 594-2704
EMAIL: legdto@marsh.net
Via facsimi Ie transmittal (317) 571-2499
Hard copy to follow via United States Mail
Mr. Jon Dobosiewicz
City of Carmel
Department of Community Development
One Civic Square
Carmel, Indiana 46033
Re: Zoning Violations - Seasonal Outdoor Sales (Marsh Supermarket and Joe O'Malia Food Market)
Dear Mr. Dobosicwicz:
This is to confirm that J have left phone messages for you on April 12, April 13 and April] 4 to discuss the
following citations for zoning violations:
Date of Letter: April 6, 2005
Location: O'MaIia's Food Market, 13610 North Meridian Street, Carmel
Nature of Violation: Seasonal Outdoor Sale without ADLS Approval (mulch)
Date of Letter: April 6, 2005
Location: O'Malia;s Food"Marh;t, 4755 East l26th Street; Carmel
Nature of Violation: Seasonal Outdoor Sale without ADLS Approval (mulch)
Date of Letter: AprilS, 2005
Location: Marsh Super Market, 2]40 EastI15"1] Street, Carmel
Nature of Violation: Seasonal Outdoor Sale without ADLS Approval (mulch)
After I did not receive any response from you, I also called Kevin Brtmnan, the Code Enforcement Inspector who
Issued the citations, on April 13, He has not returned my call, either.
The purpose of my call was to determine some specifics as to the nature of the violation" As 1 referenced in my voice
mails, you and] discussed the meaning of "outdoor sales" during a telephone conversation on January 20,2005. At
that time, ! was attempting to obtain a clarification as to the definition of "outdoor sales". which reads in pertinent
part as follows:
SALES, OUTDOOR, The short term outdoor display of products or merchandise in an unroofed and/or
unenclosed area by a business permanently established on the premises of which the sale is located.
The clarification that I was seeking concerned whether the conjunction "and" or "or" would apply to sales from the
sidewalk area, specifically at the O'Malia Food Market on 126m Street referenced above. Obviously, if "or" is the
applicable term, then the sales would not amount to "outdoor" sales because the canopy would serve as a "roof' and
the definition would not apply, You advised that "or" would apply and it was my understanding that so long as the
merchandise is under a canopy, there would be no need to apply for ADLS Approval. This made sense, since
grocery and other stores have traditionally displayed numerous items that are not suitable or practical for indoor
display (i.~" rock salt, newspaper vending machines, pay phones at a less than 24 hour store, etc,) or, in some cases,
not even legal to display indoors (i,~., propane tanks). You did add that, "if someone complains", then you would
have to take the matter to the plan commission.
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Letter,d ated April 15, 2005,
from David T. O'Malia to
John Dobosiewicz
Page two (2)
The inclusion of the word "and" in the definition still is a source of confusion and is not helpful to anyone reading
the ordinance in terms of understanding what it is he or she can and cannot do in this regard. The variable that
someone could "complain" after the fact and bring the force of the Department of Community Development to bear
only exacerbates these problems. Nevertheless, O'Malia made the decision to forego its annual flower sale that it has
conducted for more than twenty (20) years in the parking lot ofthe center and to limit the display and sale of these
items to the sidewalk. Based upon our previous discussions, I was surprised to receive the citation for the l261h
Street location and called you to determine if! had mistmderstood you, if we somehow were violating the ordinance
otherwise or if someone had "complained". Whi Ie I am not as fami! iar with the situations at the other two (2)
locations that received the citations, 1 thought that I would wait to hear from you or someone from the department to
confirm the source ofthe problem before advising my client as to an appropriate course of action. Unfortunately, the
failure to return my calls prevents me and my clients from taking any informed action in response to the citations.
Equally of concern is that we are now up against the department's imposed deadline for applying for ADLS
approval or taking other appropriate remedial action.
Again, I reiterate my request that you or someone with authority from your department respond to my request to call
me to discuss these matters.
CU:~
David T. O'Malia
Associate Counsel
Cc; Honorable James Brainard (via email and United States mail)
Kevin Brennan (via facsimile)
P. Lawrence Butt, Esq.
Lennie Hayes
Don Rix
Mo Merhoff (via facsimile)
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-OBJ:WRY S IMMQN~YQ~tHM, ~(P
A T TOR N E Y S
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8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drewrysimmons.com
December 28, 2004
Paul G. Reis
preis@drewrysimmofls.com
Via E-Mail and First Class Mail
Mr. Jon C. Dobosiewicz
Department of Community Services
City of Carmel
1 Civic Square
Carmel, Indiana 46032
RE: Carmel Plan Commission - Special Studies Committee
Docket No. 04090045 ADLS O'Malia Fireplace
Our File Number: 4278.00 I
Dear Jon:
On behalf of our clients, O'Malia Fireplace Shop and the Helen O'Malia Trust, we request
that the above-referenced item be tabled until the next meeting ofthe Special Studies Committee
to be held on February 1.
As was discussed at the last Committee meeting, I have been in contact with Les aIds,
Director of Redevelopment of the City of Carmel, to discuss redevelopment of this property in
conjunction with the Carmel Redevelopment Commission's redevelopment of the parcel to the
north. In order to more fully discuss these matters we will need additional time to reach an
agreement that may impact the ADLS application currently on file.
If you have any questions, or are in need of any further information, please contact me.
Thank you very much for your cooperation and assistance.
Best Regards,
DREWRY SIMMONS VORNEHM, LLP
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PGR/lg
Enclosures
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DREWRY St.MMbNSYORNEHM,LLP
A T TOR N E Y S
v
!lS8S Keystone Crossing, Suite 1200 . IndiunllPolis, IndilUlll46240 . (317) 58()..4S48 telepluj[le . (317) 580-4855 facsimile' II'ww.drewr.l'sinmlons.com
Paul G. Reis
preis@drewrysinrmolls.com
December 28, 2004
Via E-Mail and First Class Mail
Mr. Jon C. Dobosiewicz
Department of Community Services
City of Carmel
1 Civic Square
Carmel, Indiana 46032
RE: Cannel Plan Commission - Special Studies Committee
Docket No. 04090045 ADLS UMalia Fireplace
Our File Number: 4278.001
Dear lon:
On behalf of our clients, O'Malia Fireplace Shop and the Helen O'Malia Trust, we request
that the above-referenced item be tabled until the next meeting of the Special Studies Committee
to be held on February 1.
As was discussed at the Jast Committee meeting, I have been in contact 'with Les aids,
Director of Redevelopment of the City of Cannel, to discuss redevelopment of this property in
conjunction vvith the Carmel Redevelopment Commission's redevelopment of the parcel to the
11011h. In order to more fully discuss these matters \ve will need additional time to reach an
agreement that may impact the ADLS application currently on file.
If you have any questions, or are in need of any further information, please contact me.
Thank YOLl very much for your cooperation and assistance.
Best Regards,
PGRllg
Enclosures
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Message
Page 1 of 3
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Babbitt, Pamela A
From: Conn, Angelina V
Sent: Monday, November 01,20043:01 PM
To: Dobosiewicz, Jon C
Cc: Babbitt, Pamela A
Subject: FW: REVISED Docket No. Assignment: (V, SU) Q'Malia Fireplace Shop Expansion (#04100017 V,
04100018 V & 04100019 SU)
Jon, FYI
-----Original Message-un
From: Reis, Paul [mailto:preis@drewrysimmons.com]
Sent: Monday, November 01, 2004 3:06 PM
To: Babbitt, Pamela A; Conn, Angelina V
Subject: RE: REVISED Docket No. Assignment: (V, SU) O'Malia Fireplace Shop Expansion (#04100017 V,
04100018 V & 04100019 SU)
Angie and Pam:
Please be advised that our client is not seeking a special use variance at this time. Please update the docket
accordingly. Thanks, '
Best regards,
Paul
~
Paul G. Reis, Esq.
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
Telephone: (317) 580~4848
Tefefax_' (317) 580-4855
E-Mail: preis@drewrysimmons.com
This message is from the law firm of DREWRY SIMMONS VORNEHM, LLP. The message and any attachments
may be confidential or privileged and are intended only for the individual or entity identified above as the
addressee. If you are not the addressee, orifthis message has been addressed to you in error, you are not
authorized'to read, copy or distribute this message or any attachments, and we ask that you please delete this
message and any attachments and notify the sender by return e-mail or by phone at 317-580-4848. Delivery of
this message and any attachments to any person other than the intended recipient(s)is not intended in any way to
waive confidentiality or a privilege, AfI personal messages express views only of the sender, which are not to be
attributed to DREWRY SIMMONS VORNEHM, LLP, and may not be copied or distributed without this statement.
-----Original Messageu---
From: Babbitt, Pamela A [mailto:PBabbitt@ci.carmel.in.us]
Sent: Tuesday, October 12, 2004 1:07 PM
To: Reis, Paul
Subject: FW; REVISED Docket No. Assignment: (V, SU) O'Malia Fireplace Shop Expansion (#04100017 V,
04100018 V & 04100019 SU)
Importance: High
11/112004
Page 1 of 1
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Griffin, Matt L
From: Griffin, Matt L
Sent: Tuesday, October 26, 20049:44 AM
To: Babbitt, Pamela A
Cc: Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling, Adrienne M;
Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Brennan, Kevin S;
Mindham, Daren; Conn, Angelina V; 'preis@drewrysimmons.com'
Subject: Revised Schedule for (ADLS) Q'Malia Fireplace (#04090045 ADLS)
The schedule of events has been revised for this application. I have forwarded this email to the
applicant's contact person and updated the file.
Docket No. 04090045 ADLS
Application Fee
$100 per acre X .73 acre
$750.00
$73.00
Total Fee:
$823.00 (Paid 10/22/04)
Docket No. 04090045 ADLS: O'Malia Fireplace (ADLS)
The applicant seeks approval of a building and parking lot expansion.
The site is located at 220 S. Rangeline Ro.ad. The site is zoned B-1/Business and is within the Old
Town Sign Boundary Overlay.
Filed by Paul Reis of Drewry Simmons Vornehm, LLP for Helen J. O'Malia
Trust.
Petitioner, please note the following:
1. This Item was heard on the October 20, 2004, agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice does not need to occur.
3. Proof of Notice is not needed.
4. Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona
Hancock no later than Noon, Friday, November 5. Failure to submit Informational Packets by
this time will result in the tabling of the petition to the Tuesday, December 14, agenda of the Plan
Commission.
5. The Item will appear on the November 16,2004 agenda of the Plan Commission.
6. The Item will also appear on the November 30,2004, agenda of the Plan Commission Special
Studies Committee.
PETITIONER: refer to your instruction sheet for more detail.
Mr. Reis can be contacted at 317.580.4848 (email: Rreis@drewry.simmons.com).
Thank you,
Matthew Griffin, AICP
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
P 3175712417
f 317.571.2426
10/26/2004
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October 19,2004
Mr. Paul G. Rcis
Drewry Simmons Vornehm, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
RE: O'MaIia's Fireplace Shop - Project Review #]
Dear Mr. Reis:
We have reviewed your submission for the October 20,2004 Technical Advisory Committee meeting. We
offer the following conmlents:
GENERAL INFORMATION
I. The project site is located within current City of Carmel Corporate Limits.
2. Jurisdictions:
.. Street and Right of Way - City of Carmel (Rangeline Road).
.. Water - City of Carmel
.. Sanitary Sewer - City ofCanne!
.. Storm Sewer - City of Carmel
3. Board of Public Works and Safety Approval Requirements:
.. Additional Water and Sanitary Sewer Availability.
o Commercial Curb Cut. The request for Board approval should include 8 W' x 11" exhibits that
will indicate the existing and proposed curb cuts and all appropriate data and dimensions including
width, radii, etc. Please indicate all existing and opposing driveways and their relationship to the
proposed curb cuts for this development. .
.. Temporary Construction Entrance (dedicated right of way only). Separate BPWS approval will be
required if this entrance is to be located anywhere other the site of the pennanent curb cuts.
o Consent to Encroach approvals for any permanent improvement to be installed within dedicated
easements and/or dedicated right of way. If an irrigation system is planned for this project,
additional Water Availability approval will be required from the Board and additional Water
Connection Fees will be due.
. Dedication of Right of Way. Preferred dedication fom1S are available electronically from this
office.
I am enclosing a schedi.lle for Board of Public Works and Safety meeting dates and agenda deadlines
for your use. Pleasc use the Engineering Department deadlines for submissions to the Board.
AllY submission to the Board requires priorfillal approval by tire Carmel Clay Plall Commission
(lndlor the Board of Zoning Appeals and completion ofreview by tire Technical Advisory
Committee. All written requests to be place on the Board's agenda mllst include the appropriate
Docket Nllmbers alld tire date (or dates) of approval by the Plan Commission and/or BZA.
4. Water and Sanitary Sewer Availability and Connection Fees:
Availability (acreage) Fees - We assume that this site is served by and connected to Carmel Utilities.
If this is the case, Availability or Acreage Fees would not be applicable for this development. Carmel
Utilities will make this determination
DEl't\RTMEl'iT OF Ei\GIl'iEICRlNG
O'\E CIVIC SQUARE, CAIlME!., IN 46032 OlF1CE 317.571.244] fA.," 317.571.2439
EMAll.engillccring@ci.carmel.in.us
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Mr. Paul G, Reis
October 19, 2004
Page 2
Connection Fees - The building addition is indicated to be a total of 2,250 fr>o Assuming that this
space will be retail space, the following additional Connection Fee calculations would apply to this
project:
Retail Classification - 1.0 EDU!I 000 fe. Thus 2,250 ft2 @ 1.0 EDUIl 000 ft1 = 2.25 EDDs.
\Yater COIUlection Fee - 2.25 EDUs @ $1,31 O.OO/EDU = $ 2,947.00
Sanitary Sewer Connection Fee - 2.25 EDUs @:;; 795.00/EDU;= $ 1.78900
Total 2.25 EDUs @ $2,105.00/EDU = $ 4,736.00
Contact Carmel Utilities regarding this issue. Current Connection Fees are $] ,31 0.00 per EDU for
water and $795.00 per EDU for sanitary se\ver. One EOU is based upon usage onoo gallons/day or
9,000 gallons/month.
S. T AC ReviewIDrawings submitted for approval:
We request that an comments and comment letters generated by this office be answered in \YTiting and
be accompanied by a drawing reHecting requested revisions. Final drawings will not be approved for
construction until all issues have been resolved. All Carmel Utility issues must also re resolved. The
design engineer must certify all drawings submitted for final approval. This office \viII require a
minimum of five-sets (maximum of seven-sets) of approved drawings after all issucs have been
resolved. The drawings will be stamped approved and signed by both the City Engineer and Director
Cam1e] Utilities. The Developer/Owner will receive one-set which is to be maintained on the
construction site at all times. CamleI Utilities \"ill receive t\Vo-sets. Our Constnlction Manager will
receive one-set and one-set will be maintained in the Department of Engineering. If more than the
minimum of five~sets are requested to be approved, the additional sets (maximum total of two
additional) must he submitted with the five required sets.
6. Please be advised that any installation of signs, walls, irrigation systems, etc. within dedicated
easements anclJor right of way \vill require Consent to Encroach approval.
7. Carmel Utilities does not subscribe to "Holey Maley" and should be contacted directly for all water
and sanitary sewer main locations.
8. Carmel Utilities will provide a separate review of thi~ project for water and sanitary sewer issues.
9, I am including copies of the following with this correspondence:
.. Conmlercial Project Approval Procedures.
o Permit Data, Contacts, etc.
o Commercial Perrnitting Procedures.
.. Utility Fees
BONDING REQUIREMENTS
10. Upon initial review, it appears the following bonding requirements may apply to this project:
Performance GuaranteeslEngineer's Estimates
It does not appear that Performance Guarantecs will be required for this project. However, if a new
right of way sidewalk is to be constructed along the Rangcline Road boundary, we will require a
Certified Engineer's Estimate for 100% of the cost of labor and materials to construct the sidewalk. A
Performance Guarantee, in the amount of the Engineer's Estimate, would be required to be posted with
this office.
Street CutlRight of Way Permit and Bonding Requirements
Any work in the dedicated right of way of Rangeline Road will require a Right of Way Permit and a
Right of Way Bond (License and Permit type). The bond amount will be detemlined by the number of
instances of work in the right of way @ $2,000.00 per instance. Open pavement cuts in dedicated
streets require approval by our Board of Public Works and Safety. It appears that there could be at
least four instances or work in the right of way indicated on the proposed site conditions (2-demolition
of existing drives, I-ncw drive and sidewalk repair). Please contact our Right of Way Manager, Fred
Glaser, to arrange pemlitting and bonding.
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Mr. Paul G. Reis
October 19,2004
Page 3
11. Has a drainage report been prepared for the project? Please share a copy \vith this office. We have
engaged Crossroad Engineers to review drainage plans ancl drainage calculations for all projects
submitted to this office for review. 'Ve will share Crossroad's comments as they are received.
PROJECT COMMENTS-CONSTRUCTION PLANS
12. Please provide a Title Sheet with standard information including proj ect name, project address, site
map, vicinity map,. etc.
13. Sheet 1 - Asbuilt Survey
.. Please identify and label Rangeline Road on the drawing.
.. The existing Rangeli ne Road half right of way is indicated as being 3D-feet on this sheet and on
sheets 2 and 3. The City ofCarme!'s 20-Year Thoroughfare Plan identifies Rangeline Road as a
SecondalY Arterial with a total right of way requirement of 90-feet, 45-feet halC Therefore, a
dedication of an additional 15-feet of right of way will be requiTed for this project.
.. It appears that secondary property access is provided through property now owned by the Carmel
Redevelopment Commission, both in the existing and proposed condition. Does the project have,
or will it have, permission to access this building from the Redevelopment Commission's
property? Is there, or will there be, an access easement to allow this?
14. Sheet 2 - Site Geometries
o It appears that demolition will be required to complete this project. Please provide a Demolition
Plan. Please indicate the demolition of the northern, existing curb cut.
e Please advise the Owners and Contractors involved in this project that the City of Carmel has a
strict ordinance regarding mud and other substances or debris deposited on City streets by vehicles
and equipment used in excavation, construction, demolition or otherwise within the City Limits.
Please add a note to the drawing that the Contractor shall clean Rangeline Road whenever required
to do so by the City of Cam1el.
o Conshllction of the new entrance and removal of the existing entrances will require Board of
Public "Vorks and Safety approval. Reference Board of Works requirements above.
.. On this sheet, or another sheet if necessary, please superimpose the existing buildings, driveways
and curb cuts so that we may have a better understanding of the proposed changes. Indicate whieh
structures, curb cuts, driveways, sidewalks, etc. are to be demolished.
o Is the sidewalk along Rangeline Road an existing sidewalk or will the entire sidewalk be
reconstructed? If it is existing, is it being relocated? If the drive is being modified, portions of the
sidewalk will need to be modified and the ADA ramps Tceonstmcted. Demolition of tile existing
sidewalk to accommodate drive modifications shall be taken to the Ilearest joint. There shall be no
sawcutting of the walk between existingjoints. .
. It \vould be helpful if more of the site adjacent to the north property line of this project would be
shO\"TI.
o There are no details indicated for water and sanitary sewer cOImeetions. Are the existing
COImections to be utilized with no modifications or extensions? It would be helpful to indicate the
existing connections on these plans. Open cut of pavement in the City right-of-way for utility cuts
requires Board of Public Works and Safety approval.
o Before this plan can be forwarded for a drainage review, substantial additional information will be
required including a drainage report, contours, spot elevations, flow arrows, FFE of the proposed
building and completeinfom1ation regarding existing and proposed storm \vater drainage systems.
lfthere is an increase in impervious area, detention facilities must be provided.
o Please revise the note "Curb May Be Eliminated To Assist In Drainage & Storm Water
Management" to require the installation of curb turnouts. The curb tumollts shown arc subject to
drainage system review by this office.
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Mr. Paul G. Reis
October 19,2004
Page 4
.. Curbing meeting the City standards are required for the portion of the entrance within the
proposed right-of-way.
.. Will the proposed entrance be concrete or asphalt? If the drive is to be asphalt, the pavement must
conform to the City standards. Please contact our office for the pavement section.
The above comments are based upon the Engineering Department's initial review. Please provide our
office with a follow up letter regarding this review and revised plans, indicating all revisions. A second
review will focus only on detailed construction plans. It is critical that our office be made aware of all
modifications made on the plans being re-submitted, particularly if any such changes are considered "new"
or fall outside of our initial review. If you have questions, please contact me at 571-2441.
Enclosures
cc: Jon Dobosiewicz, Department of Community Services (w.o. encl.)
Jo1m Duffy, Cannel Utilities (w.o. encl.)
Paul Pace, Carmel Utilities (w.o. encl.)
Jim Haag, Camlel Utilities (w.o. encl.)
Project File
Engineering Departmen~ Revicw
S\P ROJ RE V 04 \OM A U A F [R E P LAC ES HOP
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DREWRY SIMMQNsVORNEHM, LLP
A T TOR N E Y S
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8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drewrysimmons.com
Paul G. Reis
preis@drewrysi11lIll01l5.COIIl
October 14,2004
Mr. Jon C. Dobosiewicz
Department of Community Services
City of Carmel
1 Civic Square
Carmel, Indiana 46032
RE: Building Elevations and Photometric Plans - O'Malia Fireplace Shop Expansion
Our File Number: 4278.001 / U?Gk:e?r No. 64C9 0045
Dear Jon:
I am enclosing herewith five copies of the proposed building elevations and photometric
plans for the above-referenced expansion of the O'Malia's Fireplace Shop. Should you have any
questions or if you wish to discuss this further, do not hesitate to contact me.
Thank you very much for your cooperation and assistance.
Best Regards,
DREWRY SIMMONS VORNEHM, LLP
PGRllg
Enclosures
OCT 14 '04 01:41PM
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Xi!/ttOIl C 'Ward, SUf!/{ryor
(jl{i,ml' (jJ''i') 776-84~5
'fox 'JI7) 77';.;;628
S,~i/,' 18,~
01'" :}famil,oll Cormry SClifl1fc'
.Mlblr5llilfe, ImliUlIII 4i.iO~;Ll'2'ilJP.
October 14, 2004
&
RECFI\fFD
OCT 14 mal;
DOCS
,. .
DeBoy Land Development Services, Inc.
A TTN; Mike DeBoy
501 South 9th Street, Suite 100
NoblesviLle, IN 46060
VIA FACSllvIILE: 770-1821
<
Re: O'M"Ua's Fireplace Shop
Dear Mr. DeBoy:
We have reviewed the construction plans submitted to the Hamilton County Surveyor's
Office on October 6, 2004 for this project and have the following commentS:
1, The proposed project falls in the jurisdiction ofthe City of Carmel
2. The proposed project DOES fall in a Carmel Wellhead Protection Zone.
3. The proposed project falls in the Follett & Morrow Regulated Drain Watershed.
4. Please submit an indirect outlet permit for the discharge into the Follett and
Morrow Regulated Drain. The application is available on our website at
http://W.NW.co.hamUton.in.us1go to Departments, SurVeyor. and Forms.
5. Please show in the construction plans where'and how this site drains.
6. Please provide drainage calculations that meet the county 2-10-100 detention
requirements.
7. Please direct all other stonn sewer ql,le$tions to the City of Carmel Engineering
Department.
OCT 14 '04 01:41PM
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8, Please note that further comments ma.y be necessary at a later date.
Should you have any questions, I can be rea.ohed at 317-776-8495.
,~.~
Greg Hoyes
Plan Reviewer
Cc: Jon Dobosiewicz - Carmel DOCD
John South - HCSWCD
Dick Hill - Carmel Engineering
P.2/2
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Babbitt, Pamela A
From:
Sent:
To:
Subject:
Dobosiewicz, Jon C
Tuesday, OCtober 12,20042:42 PM
Babbitt, Pamela A
FW: October 20th Carmel TAC Agenda
please copy and file.
Jon
-----Original Message-----
From: Mark A. Wood [mailto:mawood@panhandleenergy.com]
Sent: Tuesday, October 12, 2004 2:28 PM
To: Dobosiewicz, Jon C
Cc: Teresa M. Magee
Subject: Re: October 20th Carmel TAC Agenda
Panhandle Eastern Pipe Line Company has no conflicts with the items listed
on this months agenda. Thanks for the information.
"Dobosiewicz, Jon
C"
<JDobosiewicz@ci.
carmel.in.us>
To
10/12/2004 10:20
AM
"Adrienne Keeling"
<AKeeling@ci.carmel.in.us>,
"Blanchard, Jim E"
<JBlanchard@ci.carmel.in.us>,
"Brook Gajownik \ (E-mail\)"
<BMG@CO. HAMILTON. IN .US >, "Chuck
Shupperd" <CShupperd@vectren.com>,
"Cinthia Klaiber \ (E-mail\) "
<cynthia.l.klaiber@usps.gov>,
"Conn, Angelina V"
<AConn@ci.carmel.in.us>, "Connie
Tingley"
<CTingley@ci. carmel. in. us>, "Dawn
Pattyn" <DPattyn@ci.carmel.in.us>,
"DeanGroves" <dgroves@cinergy.com>,
"Dick Hill"
<DHill@ci.carmel.in.us>; "Greg
Hayes" <GRH@co.hamilton.in.us >,
"Gregory J. Ilko\ (E-mail\)"
<gilko@crossroadsengineers.com>,
"Griffin, Matt L"
<:mgriffin@ci.carmel.in.us>, "Hoyt,
Gary A" <Ghoyt@ci.carmel.in.us>,
"Inc.Irwin Computer Services
\(E-mail\)" <webteam@heckweb.net>,
"Jay Alley \ (e-mail\) "
<Jay@ctrwd.org>, "Jeff Kendall"
<JKendall@ci.carmel.in.us>,
"JimFoster"
<:JPFoster@ci.carmel.in.us>, "John
South" <:john-south@iaswcd.org>,
"Krueskamp, Theresa A"
<TKrueskamp@ci.carmel.in.us>,
"LarryCastetter \ (E-mail\) "
<rcastetter@Cinergy.com>, "M
Snyder" <MSnyder@ci. carmel. in. us >,
"Mark Wood \ (E-mail\) "
1
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Constru,cfion/StorlJlwater Pollution Prevention Plan - Technical Review and Comment
Project Name: \9~I0afig;,s>J;,it~ptt~c~Sh()p
Date Reyiewed: 10111104
this pmJ ed is less thml one acre and is not part of a larger common plan of development. Therefore, the plan does nut
need to meet the requirements ufRule 5. There will be no additional comments concerning tlils project.
cc: Carmel, Surveyor, File
DNR, Division of Soil Conservation
Page 1 of 1
Revised 12/09/03
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October 7, 2004
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Mr. Paul G. Reis'
Drewry Simmons Pitts & Vornehm, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
RE: O'Malia's Fireplace Shop,
220 S. Range Road, Carmel, IN
File Number: 4278.001
Dear Mr. Reis:
I have received and reviewed the information for the above-referenced
project.
At the present time, I see nothing in the plans that would hamper law
enforcement efforts.
If we can be of any further assistance to you, please contact us.
Respectfu lIy,
f;udittd j),c7~-
. Michael D. Fogar&- )
Chief of Police
MDF:vb
cc: Dept. of Community Services
(317) &71-2500
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A Nationally Accrediteg;j , .w,:~htorcement Agency
:!;!t1%~#ffiliTi;.ln\~~~.
Fa" (317) 571-2512
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City of Carmel
VIA EMAIL: preis@drewrysimmons.com
Original by mail
October 5, 2004
Paul Reis
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
RE: O'Malia Fireplace Shop Expansion ADLS Application
Dear Mr. Reis:
This letter is in response to your ADLS application for the O'MaIia Fireplace Shop Expansion.
Comments and concerns are as follow:
1. The half right-of-way for Range Line Road is 4S-feet, not 30-feet as shown.
Please revise.
2. Therequired building setback from the 45-foot half right-of-way is IS-feet. You
will need to obtain a variance or redesign to comply with this requirement.
3. The rear yard.setback for the B 1 zoning district is IS-feet. As shown, your
dumpster enclosure does not meet this setback.
4. Based upon submitted documents, 17 parking spaces will be required.
5. Bufferyards and plantings are required for all perimeters of the property. Please
indicate these required plantings and bufferyards on the landscape plan. See 20
26.04 for details.
6. Outdoor display areas'are not permitted. The proposed outdoor display in the
front yard will not be supported by staff.
7. The new drive cut on Range Line Road will not be supported by staff Please seek
an access easement from the property north of site.
8. Please show improvements to the north and how they relate to site.
9. Please submit details regarding signage and lighting. Indicate type, si~e, location,
and style.'
10. Please submit elevations for the existing 1,928 square foot building and the
dumpster enclosure.
11. Please indicate colors and materials on all elevations.
12. Identify access points for the existing 1,928 square foot building.
Please wait to submit revisions until after the Technical Advisory Committee (T AC) has met on
this application. The resubmitted materials should include edits addressing the above comments
Page 1
ONE CIVIC SQUARE
CARIvffiL, INDIANA 46032
317/571-2417
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along with any requirements that arise from the TAC meeting. _ Additional comments may be
made after the requested revisions have been submitted.
Sincerely,
Matthew Griffm, AICP
Planning Administrator
CC Mike DeBoy
O'Malia Fireplace Shop Expansion - J\DLS
Page 2
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
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DREWRY.SIMMONS YORNEHM, LLP
A T TOR N E Y S
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8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drcwrysiml1lolls.com
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O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana --
OUf File Number: 4278.001
October 5,2004
Mr. Bill Akers
Carmel Communications
31 First Avenue NW
Carmel, IN 46032
RE:
Dear Mr. Akers:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. O'MaIia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Roarl in Cannel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review ofllie enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
pa~~
Enclosure
cc: Jon Dobosiewicz, City ofCarme] DOCS
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DREWRY SIMMONS VORNEHM, LiP
ATTORNEYS
v
8888 Keystone Crossing, Suite 1200 . lndianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile . www.drewrysimmons.com
October 5, 2004
Mr. Jim Blanchard
Assistant Building Commissioner
City of Carmel
One Civic Square
Carmel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Cannel, Indiana
Our File Number: 4278.001
Dear Mr. Blanchard:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. Q'Malia and Q'MaIia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review ofthe enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
p~:&-
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
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DREWRY SIMMoNs VORNEHM, LLP
A T TOR N E Y S
v
8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drewrysimmuns.mm
October 5, 2004
Mr. Scott Brewer
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
Our File Number: 4278.001
Dear Mr. Brewer:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
~~
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
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DREWRY SIMAH)N'S VORNEHM, lLP
A T TOR N E Y S
v
8888 Keystone Crossing, Suite 1200 . indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile . www.drewrysimmons.com
October 5, 2004
Mr. John Duffy
Carmel City Utilities
130 First Avenue SW
Carmel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
our File Number: 4278.001
Dear Mr. Duffy:
On September 22, 2004, we filed with the City of Cannel, Department of Community
Services, on behalf of Helen .T. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, ~004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SrMMONS VORNEHM, LLP
~&-
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
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DREWRY SiMMONS VORNEHM, LLP
AT TOR N E Y 5
v
8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580.4848 telephone . (317) 580.4855 facsimile. www.drewrysirnmons.com
October 5, 2004
Chief Michael Fogarty
Office of Police Chief
Three Civic Square
Carmel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
Our File Number: 4278.001
Dear Chief Fogarty:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
p~~r
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
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DREWRY SiMMd}~1S VORNEHM, liP
A T TOR N E Y 5
v
8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile' www.drewrysimmons.com
October 5, 2004
Mr. Dean Groves
Cinergy
1441 South Guilford
Carmel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
Our File Number: 4278.001
Dear Mr. Groves:
On September 22, 2004, we filed with the City of Carmel, Department of Community
SelVices, on behalf of Helen J. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
:~~NFHM'l.tY
Enclosure
cc: Jon Dobosiewicz, City ofCarme1 DOCS
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DREWRY SrMM-oON-sVoRNEHM, LLP
A T TOR N E Y S
v
8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drewrysimlllolls.com
October 5, 2004
Mr. Dick Hill
Mr. Mike McBride
Dept. of Engineering
One Civic Square
Cannel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Rmid, Carmel, Indiana
Our File Number: 4278.00]
Dear Mr. Hill and Mr. McBride:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review oftbe enclosed plans to meat our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
~~
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PIG Re' /
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
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OIl(W~Y SIMMONS VORNEHM, LLP
A T TOR N E Y S
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8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephune . (317) 580-4855 facsimile. www.drewrysimmons.com
October 5, 2004
Mr. Greg Hoyes
Hamilton County Surveyor's Office
One Hamilton Square, Suite 146
Hamilton County Judicial Center
Noblesville, IN 46060
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
Our File Number: 4278.001
Dear Mr. Hayes:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen 1. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Li1ie Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
~~'
.. 6;-
.. aul G . lis .
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
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DREWRY SiMMoNS VORNEHM, LLP
A T TOR N E Y S
v
88l'l8 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drewrysimmons.com
October 5, 2004
Mr. Gary Hoyt
Office of Fire Chief, Fire Station #1
Two Civic Square
Carmel, IN 46032
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
Our File Ntunber: 4278.001
Dear Mr.. Hoyt:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DRI~;~HM'LLP
~~
Enclosure
cc: Jon Dobosiewicz, City of Carmel DOCS
u U
DREWRY SIMMoNS VORNEHM, LLP
A T TOR N E Y S
v
8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile. www.drewrysimmons.com
October 5,2004
Mr. Chuck Shupperd
Vectren
P.O. Box 1700
Noblesville, IN 46060
RE: O'Malia's Fireplace Shop, 220 South Range Line Road, Carmel, Indiana
Our File Numher: 4278.001
Dear Mr. Shupperd:
On September 22, 2004, we. filed with the City of Carmel, Department of Community
Services, on behalf of Helen J. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Carmel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
Weare anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review ofthe enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the mean time, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,.
DREWRY SrMMONS VORNEHM, LLP
Enclosure
cc: Jon Dobosiewicz, City of Cannel DOCS
u U
D~WRYSJ.MMON.S VORNEHM, lLP
A T TOR N E Y 5
v
8888 Keystone Crossing, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 telephone . (317) 580.4855 facsimile' www.drewrysimmons.com
October 5, 2004
Mr. Jolm South
Hamilton County Soil & Water Conservation District
11 08 South 9th Street
Noblesville, IN 46060
RE: Q'Malia's Fireplace Shop, 220 South Range Line Road, Cannel, Indiana
Our File Number: 4278.001
Dear Mr. South:
On September 22, 2004, we filed with the City of Carmel, Department of Community
Services, on behalf of Helen 1. O'Malia and O'Malia's Fireplace Shop, an ADLS approval
application and corresponding site plan for an expansion of the current facility to be located at
220 South Range Line Road in Cannel, Indiana. This property is zoned B-1; therefore, no
development plan is required at this time. Enclosed herewith are the proposed site and landscape
plans for your review.
We are anticipating having this project placed on the October 20, 2004 agenda of the
Carmel Technical Advisory Committee and the agenda of the Special Studies subcommittee of
the Plan Commission on November 4, 2004. Please forward any comments you have after your
review of the enclosed plans to me at our office address listed above.
If you have any questions regarding this matter in the meantime, please feel free to
contact me at 580-4848. Thank you very much for your cooperation and assistance.
Best regards,
DREWRY SIMMONS VORNEHM, LLP
~~
Enclosure
cc: Jon Dohosiewicz, City of Cannel DOCS