HomeMy WebLinkAboutTime ExtensionMay 22, 2009
Mr. Jon Dobosiewicz
Nelson Frankenberger
3105 E. 98th Street, Suite 170
Indianapolis, IN 46280
Dear Mr. Dobosiewicz:
CITY OF CARIVIE1.
,JAMES BRAINARD, MAYOR
Via email: jond@NF- LAW.COM
Original by U.S. Mail
RE: Time Extension Yum Brands Inc. US 421 Michigan Road Overlay Zone
BZA Docket Nos. 08050007 V; 08050008 V; 08050009 V; 08050010 V; 08050011 V;
08050012 V; 08050013V; and 08050014 V; 08050015 V; 08050016 V;
Plan Commission Docket No. 08050022 DP /ADLS;
This letter is written in response to your letter dated March 30, 2009, requesting time
extensions for the above referenced project.
On Tuesday, May 19, 2009, the Carmel Plan Commission voted unanimously to recommend
favorable Docket Nos. 0905003 OA and 09030015 OA to the Carmel City Council. These
amendments to the Carmel Zoning Ordinance will increase approval periods to three (3)
years respectively for each section of the ordinance where time limits currently exist to be
consistent with the provisions of Indiana Code. Should the Council accept the Commission's
recommendation, it shall then be that approval time- periods for all Plan Commission and
Board of Zoning Appeals petitions be for a period of not less than three (3) years.
With the above in mind, please let this letter confirm the Department's administrative
approval of your request to extend the time limit established for variances, per Section
30.05.05 of the Carmel Zoning Ordinance, which requires that any permanent variance be
part of a project on which continuous construction has commenced within three (3) years
from the date the variance(s) was granted. Thus, the variances which were granted on June
24, 2008 shall be valid until June 24, 2011.
Further, this letter shall clarify that the provisions on Section 25.07.07, Sign Permits, which
requires that signs approved by the Commission be established within three (3) years after
the date of approval, are now consistent with Section 24.99.B.5.c of the Carmel Zoning
DEPARTMENT c F: CONIM1'r I ry SERVICES
ONE CMc IARL, CAR:NIEL, IN 46032 Priam', 31.7.571.2417. FAX 3]7.571.2426
MlctlAEL P. HoLLiBi:AI.GH. DiRr. -rk.A
Ordinance, which provides a three (3) year period for an approved DP /ADLS. Thus, the
approval of Docket No. 08050022 DP /ADLS on August 19, 2008 shall now be valid to
August 19, 2011, with the possibility of a one -time extension approval of six (6) months.
A copy of this letter will be placed in the Variance and DP /ADLS files for future reference.
If you have questions or comments regarding any of the above, please do not hesitate to call
me ai 571 -2417 or, email me at mhollibaugh @carmel.in.gov.
Sincerely yours,
r1-)
Michael Hollibau
Copy: Carmel Plan Commission
file