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Home My WebLink AboutCorrespondence EC, UI�C ®R February 17, 2010 Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 RE: Use Variance request by PFM Car Truck Care Center Docket No. 09120011 UV Dear Jon: Thank you and your client for taking the time to meet with me on February 11 to review the proposal PFM has to redevelop the former Duke Energy maintenance facility at the northeast corner of 116 Street and Guilford Road. Further to our discussions, please let this letter confirm our support for the Use Variance request. Please contact us if you have any questions regarding this letter. Very truly yours, EQUICOR INA Greg mall Chairman and CEO Suppn IJr to !Neely 021710 9011 North Meridian Street Suite 202 Indianapolis, IN 46260 317.573.8100 Fax 317.573.9100 g }h ti .i- r..��..... t f( >I ,a: "YC F ^r_r�. X2 *i"hr {'r• 4 c xY 3 R".. t'... s Y s y ky* b p. eininuri I,IIc�el� >pnunt R�tiiBcnUal I�cvcic,lmient` 12ci1 Esht� Roil f state t\ laiia cment Sub i�cti: (ciriu ue uuii.11lani n�nt e \s 3456 MOTION TO CONTINUE PUBLIC HEARIN o DOCKET NO. 0912 0011 UV RECEIVED JAN 2 2i'Fl MOTION TO CONTINUE PUBLIC HEARING r DOCS Carmel Land Holding, LLC d/b /a The Barrington of Carmel, located at Guk ueLand 116th Street, requests that the Board of Zoning Appeals continue the Public Hearing currently scheduled for January 26, 2010, and postpone any action on Docket No. 0912 0011 UV for the following reasons: 1. Carmel Land Holding, LLC d/b /a The Barrington of Carmel is a land owner immediately north of Parcel No. 17- 09- 36- 00 -00- 054.000 owned by Public Service Indiana Energy, Inc. d/b /a Cinergy -PSI and Parcel No. 17- 09- 36- 00 -00- 054.001 owned by PSI Energy, Inc. dlb /a Cinergy -PSI both Parcels under common ownership. 2. Petitioner's notice went to PSI Energy, Inc. d/b /a Cinergy -PSI at each of the Parcel Numbers identified as it affects the Parcel Number ending 054.000. Carmel Land Holding, LLC d/b /a The Barrington of Carmel did not receive notice of the Application or Public Hearing. 3. While the letter of the BZA notice rule requires notice to be provided to "adjoining and abutting landowners," it was never intended that noticing a small strip of ground serving as the driveway to the substation retained by PSI Energy, Inc. d/b /a Cinergy- PSI/Duke Energy would serve as providing adequate notice to adjacent properties. 4. Carmel Land Holding, LLC d/b /a The Barrington of Carmel first learned of the Public Hearing from a prospective purchaser on January 21, 2010, and has not had an opportunity to review the Application. 5. Further, Carmel Land Holding, LLC d/b /a The Barrington of Carmel has not had the opportunity to review or examine the site plan and building elevations contemplated for the proposed use and a continuance of the January 26, 2010, Public Hearing should be granted to provide Carmel Land Holding, LLC d/b /a The Barrington of Carmel that opportunity. 6. Individual homeowners to the south of 116th Street are separated from the 106th Street Right of Way by a common area/detention area, the ownership of which is retained by the developer, Dura Development Corporation. None of those individual homeowners were given notice of the Public Hearing by Petitioner. For the foregoing reasons, Carmel Land Holding, LLC d/b /a The Barrington of Carmel respectfully requests the January 26, 2010, Public Hearing be continued to the next regularly scheduled meeting of the Board of Zoning Appeals and all other proper relief. Respectfully submitted, COOTS, HENKE WHEELER, P.C. By: YL ,R 9464.1_ E. Davis Coots #3367- 9 Attorney for Carmel Land Holding, LLC d/b /a The Barrington of Carmel CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy oftje foregoing has been duly served via United States Mail, first class, postage prepaid, on this Z2./nay of January, 2010, addressed to: James A. Shinaver Nelson Frankenberger 3105 E. 98th Street, Suite 170 Indianapolis, IN 46280 P s NA A E. Davis Coots COOTS, HENKE WHEELER, P.C. 255 E. Carmel Drive Carmel, IN 46032 -2689 (317) 844 -4693 M: \EDC \GREYSTONE \CONTINUANCE OF PUBLIC HEARING.wpd /17940 2 NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B. MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. SHINAVER LAWRENCE J. KEMPER PHONE: 317- 844 -0106 JOHN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY CHRISTOPHER A. FERGUSON January 14, 2010 Christine Barton Holmes Carmel Department of Community Services s g %O 11 r, One Civic Square Carmel, IN 46032 RECEIVED RE: Information Booklets f r PFM Car Truck Care Center (NI, JAN 1 5 2010 iv! Docket No. 09120011 DOCS Carmel BZA scheduled for January 26, 2010 dd. Dear Christine: s Enclosed you will find the following: 1. Nine (9) Information booklets for the above referenced matter. 2. A CD containing a digital .pdf file of the information booklet. Please call should you have any questions. Very truly yours, NELSON FRANKENBERGER, P.C. Jon C. Dobosiewicz Enclosures Ltr to C B Holmes 011410 k 4. 0 ,9, I i !pi 1 1 r ,s, C ity of C ...,..2 Q.,,, ..9., ____....47.0N co •...,,,..70/ VIA email December 21, 2009 Jon Dobosiewicz Nelson Frankenberger, LLC 3105 East 98th St, Suite 170 Indianapolis, Indiana 46280 RE: PFM Car and Truck Care Center, 09120011 UV Dear Mr. Dobosiewicz: This letter is in response to your Development Standards and Use Variance applications for PFM Car and Truck Center. Please complete the following: 1. Please provide details on the number of employees anticipated, per tenant and total. 2. Please provide details on hours of operation. 3. Please provide information on other anticipated tenants and their uses. If you have any questions or if I may be of assistance, please feel free to call. Sincerely, Christine Barton- Holmes, LEED AP BD +C Planning Administrator File: PFM Auto/Truck Care Center 09120011 UV CC: Angie Conn, file Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 0 g 1 2 3- S fitr Pt RECEWWED b NELSON FRANKENBERGER o DEC 10 2009 ;6 `p' nnrS -e, A PROFESSIONAL CORPORATION p° !f t ATTORNEYS AT LAW co- 4' JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B!-MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. SHINAVER LAWRENCE J. KEMPER PHONE: 317- 844 -0106 JOHN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY CHRISTOPHER A. FERGUSON December 10, 2009 Christine Barton Holmes City of Carmel One Civic Square Carmel, IN 46032 Re: PFM Car and Truck Care Center 1441 South Guilford Avenue Dear Christine: Enclosed you will find an application for Use Variance approval. The engineer has affected the TAC distribution with the ADLS application, and our anticipated schedule is as follows: December 16 TAC January 5 Special Studies Committee January 26 Board of Zoning Appeals Should you have any questions regarding this, please do not hesitate to call. Very truly yours, NELSON FRANKENBERGER, P.C. 14 is____1_4.,\ Jon C. Dobosiewicz Land Use Professional Enclosures Ltr to C holm 121009