Loading...
HomeMy WebLinkAbout00002108Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report 1. report type 2. property search 3. view re orls Reset new search general parcel info. spring tax statement tax payments property card information available through this program is current as of 5/1/2008. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatioi different reports may not match. All Information has been derived from public records that are constantly undergoing change and Is not warranted for r accuracy. It may not reflect the current information pertaining to the property of interest. 11 Parcel No: 17-13-07-00-24-004.000 11 rx-rr--1 -4 1 h This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact i © 2005 Hamilton Co. Website Suaaestions or Issues I Conditions of Use I Privacy Policy I Site May I Technical Held I HOME O 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hainilton.in.us/apps/reports/rptparcelinfo.asp?sparcelno=l 71307002400400... 5/28/2008 City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Building and Code Services VIA CERTIFIED MAIL July 8, 2008 General Manager Home Depot 9855 Michigan Rd. N Carmel, IN 46032 To Whom It May Concern: In December 2005, the Carmel Plan Commission approved the Development Plan/ADLS submission for the West Carmel Marketplace Home Depot store that you now manage. At that time, the approval was conditioned upon several factors and the Mary Solada, attorney with Bingham McHale LLP, representing Home Depot USA, Inc., prepared a document outlining Home Depot Commitment attendant to the Development PlaNADLS submission. These commitments were representative of much negotiation with the neighboring homeowners to provide provision for the concerns of the residential neighbors of this new development. It was recently brought to our attention that your Home Depot store is operating in violation of these commitments that were made and signed on December 9, 2005. (See Enclosure) It has been reported that materials are being moved, loaded, and unloaded outside of the building and in the "Nursery area" of the building throughout the night. This directly conflicts with the second commitment on the Home Depot Commitments document, which states, "Loading and off- loading of trucks between the hours of 9:00 PM and 7:00 AM will be restricted to tasks that can be accomplished within the truck well and within the building. No loading or off-loading will occur in the lumberyard at the northeast corner of the building or along the south side of the garden center during this time frame." Furthermore, it has been reported that trucks have also been idling after 7:00 PM and prior to 7:00 AM. This directly conflicts with the first commitment which states that, 'The petitioner shall prohibit the idling of trucks on the property between the hours of 7:OO13M and 7:OOAM " Also, it has been previously discussed with store management that the Zoning Ordinance which regulates the site that your store falls within, limits your business operation in terms of outdoor display and storage. This restriction prohibits your store from displaying or storing any merchandise or materials outside of the store, either on the sidewalks or underneath any canopy. Therefore, we are requesting that you begin operating and adhering to the Home Depot Commitments document, which was signed and submitted attendant to your Development Plan/ADLS Approval from the City of Carmel in December 2005 and to your Zoning Ordinance. Continuing to operate in violation of these commitments and ordinances will result in further enforcement action. Feel free to contact me at (317) 571-2476, should you have any questions regarding this information. Thank you for your cooperation. Si erelyLouseDaVore' Laura Code Enforcement Inspector City of Carmel, Indiana Idevore@carmel.in.gov ONE CIVIC SQUARE CAR\IEI, INDIANA 46032 317/571-2417 Page 1 of 2 Lux, Pamela K From: Brennan, Kevin S Sent: Wednesday, May 28, 2008 10:03 AM To: Lux, Pamela K' Subject: FW: Home Depot - Michigan Rd - complaint Pam, New complaint for Laura. Print and attach this email for the file. Thanks, Kevin From: Conn, Angelina V Sent: Wednesday, May 28, 2008 9:47 AM To: Dorman, Jay Cc: Brennan, Kevin S; DeVore, Laura B; 'Chris Burcham' Subject: RE: Home Depot - Michigan Rd - complaint HiJay- I will forward this to Kevin Brennan in Code Enforcement, and he can contact Chris if he needs any more info. Thanks, Angie Conn, Planning Administrator Dept. of Community Services - Planning & Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p. 317-571-2417 f. 317-571-2426 aconnocarmel.in.gov From: Dorman, Jay Sent: Wednesday, May 28, 2008 9:43 AM To: Chris Burcham; Conn, Angelina V Subject: RE: Home Depot - Michigan Rd Angela, Can you file the appropriate complaint on behalf of Spring Arbor, or, does Chris need to do that personally? Please advise him as needed..who, what, when, where, etc? Thank you. From: Chris Burcham[mailto:clburcham@sbcglobal.net] Sent: Fri 5/23/2008 12:55 AM To: Dierckman, Leo J; Ripma, Rick; Dorman, Jay; Schleif, Carol; Tingley, Connie S Subject: Home Depot - Michigan Rd Dear Carmel Planning Commission and Zoning Appeals, I am writing on behalf of the Spring Arbor Home Owners Association in regards to Home Depot, located at 9855 Michigan Rd. As many of you may remember, Home Depot made a number of commitments as part of the consideration of the approval by the Plan Commission prior to building the store on Michigan Rd. I am writing to you as they are no longer honoring their commitments. In particular, they agreed to restrict loadingtoff loading between the hours of 9:00 PM to 7:00 AM to activities which can be accomplished within the building. However, on a number of occasions, tonight 5/28/2008 I. Page 2 of 2 the most recent, they have been loading/unloading/moving materials around the outside of the building and in the garden area throughout the night: The noise from the fork trucks engine as well as warning indicator resonate throughout the neighborhood and are keeping many of the homeowners up at night. In addition to movement of goods outside_ there, trucks have also been idling after 7:00 PNf and before 7:00 AN& We ask that you enforce the commitments made by Home Depot in Dec of 2005. If you have any questions, please don't hesitate to contact me. Thank you. Regards, -Chris Chris Burcham dburcham@sbcolobal. net 5/28/2008 HOME DEPOT ATTENDANT TO DOCEET NO.05080039DP/ADLS: WEST CARMEL MARKETPIL ACE HOME DEPOT Conditioned on Plan Commission approval of Docket No. 050800391)P/ADL3 (West Carmel Marketplace Home Depot), the Petitioner Home Depot U.S.A., Inc. sets forth to the following commitments to be made as part of the Development Plan and ADLS Approval. In addition to the commitments contained in the Application and Plans and Specifications submitted in support of the Application, Petitioner commits to the following: 1. The petitioner shall prohibit the idling of trucks on the property between the hours of 7:00 PM and 7:00 AM. Delivery trucks may not arrive or exit between the hours of 9:00 p.m. and 6:00 a m 2. Loading and off-loading of trucks between the hours of 9:00 PM and 7:00 AM will be restricted to tasks that can be accomplished within the truck well and within the building. No loading or off-loading will occur in the lumberyard at the northeast corner of the building or along the south side of the garden center during this time frame. 3. Hours of use of any outdoor speaker system for normal operations shall be limited to the hours of7:00 AM to 7:00 PM. The petitioner will restrict the placement of outdoor speakers to the garden center area only. Use of outdoor speakers beyond the hours stated above will be for emergency use only. 4. The petitioner agrees that the landscaping and lighting shall be installed as shown on the respective landscape and lighting plan(&) submitted to the Special Studies Committee on December 6, 2005. This landscaping shall include a mixture of deciduous and evergreen trees along the east and south sides of the lot. 5. The petitioner will enhance the landscaping along the east and south sides of the property with a six-foot high wood (solid board on board) fence, in addition to the proposed landscaping. The fence will be at grade at the location shown on the landscape plan The landscaping on the eastern perimeter of the property will be further enhanced with a three to four -foot high mound incorporated into the landscaping. 6. These commitments are binding on the owner of the real estate and each subsequent owner of the real estate and persons acquiring interest in the real estate following approval of the pending applications unless the commitments are modified or terminated by the governmental authority authorized to makc such modification. 997165 7. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon granting of the approval of the applications. 8.. These commitments may be enforced by the Carmel Clay Board of Zoning Appeals and/or the City of Carmel, Indiana Planning Commission. Executed this day of 2005. HOME DEPOT U.S.A., INC. Bv: STATE OF ILLIN01S ) )SS: COUNTY OF ) Bret D. Soloway Director — Legal Before me, a Notary Public in and for said County and State, personally appeared Bret D. Soloway, Director -Legal, and acknowledged the execution of the foregoing by and on behalf of Home Depot U.S.A., Inc. Witness my hand and Notarial Seal, the _ day of 2005. My Commission Expires: Notary Public — Signature Notary Public — Printed My County of Residence: This instnmient prepared by Mary E. Solada, Attorney at Law. Bingham McHale LLP, 2700 Market Tower, 10 West Market Street, Indianapolis, Indiana 46204-2982_ C4 f "4�19f 997165 / — t-S �zrtlar 7. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon granting of the approval of the applications. g. These commitments maybe enforced by the Carnet Clay Board of Zoning Appeals and/or the City of Carmel, Indiana Planning Commission. ROME DEPOTU.S.A., INC.- I;"y- Brett DI. Soloway ._. STAT F OFILLP401S )SS: COUNTY OF Ch D ' Before me, a Notary Public in and for said County and State, personally appeared Brett D. Soloway, @irector-Legal, and acknowledged the execution of the foregoing by and on behalf of home Depot U.S.A., Inc. Witness my hand and Notarial Seal, the: day OFFICIAL BEAL BRYIINNE tt Twleu WrAWIFU®WC-SLATE nFft1lM1lCpg. W - EWMESwi2vM My Commission Expires: 114 My County of Residence: V Ibis instrument prepared by Mary S. Solada, Attorney at Law. Bingham McHale LLP, 2700 Market Tower,10 West Market Street, Indianapolis, Indiana 46204-2982. 997165