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HomeMy WebLinkAboutPublic Notice Information81201 5573471 Exhibit PART WEST QUARTER OF SEC 6 TOWNSHIP 17 i NORTH GRANGE 3 EAST IN I HAMILLON'COUNTY, INDI ANA, MORE• PARTICU LARLY DESCRIBED AS FOLLOWS:' BEGINNING ON THE SOUTH LINE OF THE; 1 NORTHWEST QUARTER1 OF SECTION 6, TOWN SHIP 17 NORTH RANGE 3I i EAST 1050.7'1 FEET NORTH 89 DEGREES 34 l MINUTES 50 SECONDS EAST CORNERHTHEREOF; THENCE :NORTH OW DE- I GREES 09 MINUTES 33 SECONDS EAST .PARAL- LEL WITH THE EAST LINE OF SAID QUARTER 814.81 FEET TO A POINT 1839.73 FEET (1837.04 FEET DEED) SOUTH 00, DEGREES 09 MINUTES 33 SECONDS WEST D OF F SAID NORTH- WEST QUARTER; THENCE +NORTH 89. DEGREES 34 MINUTES 49 SECONDS I i tenant building (anchor I WEST PARALLEL WITH -1 tenant), THE SOUTH LINE AFORE- r5.Section 25.07.02.08:6: SAID•753.62 FEET (754.46 1 three signs facing west FEET DEED) THENCE (anchor tenant) i SOUTH 07 DEGREES 53 l 6- Section 25.07 02 08 c: MINUTES 26 SECONDS maximum sign area ;WEST 11.60 FEET; tenant) f of THENCE- SOUTH 72 DE 17.Section 25.07.02-8.G: IGREES.'06 MINUTES 26' I -ty changeable SECONDS WEST 578.5 1 copy for a sign FEET TO THE EAST RIGHT 8.Section 25.07.02-11.g: OF WAY LINE OF U.S. copy,multL tenant HIGHWAY NUMBER 421,1 building complex PER INDOT .PLANS PRO- directory sign Form 65 JECT #STP -135- 2(008). 9 Section.25.07.02-11.d: THENCE SOUTH 15 DE- 1 GREES 21 MINUTES 16 ,LONG SAID RIGHTAOF. i THENCE-. NE CONTINUING `1 WA ALONG SAID RIGHT. OF t- WAY' L I N E, SO 11 DE- I i and G REES 03 3 MINUTES 55 I SECONDS EAST 131.60 1 j 12.A ntol other deve 1 j FEET; THENCE CONTINU- mental standards ING ALONG SAID RIGHT i variances required a c ss odeece deemed OF. WAY LINE, SOUTH 15 1 DEGREES 21 M 16 S by he Carmel SECONDS EAST 206.37 I FEET TO. THE SOUTH LINE OF SAID QUARTER; THENCE SOUTH 89 DE- GREES -34 MINUTES 50 SECONDS EAST 'ON AND ALONG SAID SOUTH LINE 1146.02 FEET TO THE BE- GINNING -POINT CON- TAINING 22.022: ACRES, 1?UBLIC NbTI ES HEA ING BEFORE T E BOARD OF,ZONING APPEALS OF THE CITY OF' CARMEL, INDIANA Docket Numbers 09110015 -25 V NOTICE IS HEREBY GIVEN that the Board of Zoning. Appeals of the City of Carmel, meetingaon he 21st .da of December, 2009, at 6 :00. o'clock p.m., in the Council Chambers, Floor, City Hall, Civic Square 'Car -1 met I ndiana; 46032, will hol a Public Hearing re- ggardinR a request for the' following Development Standards Variances per -tabling to the real estate (the Real, Estate de -I scribed hold Exhibit "A" at-; tached hereto. 1.Section 23C.03.B: ,..,maximum 75% gross floor.area permitted for retail uses, 2.Section 23C.08.02: maximum building setback,from US 421 right of wayy 3.Section-25. 02 08b Frontage street, 4:Section 25.07.02 -08.b: three signs, for a sin le maximum height of multi- tenant budding.. complex sign,A 10.Section 23C.03.B: drive -thru location on buildings, li.Section 23C.14.07: perimeter fence design;, Department of Community Services or the BZA.. 1 The Real Estate .is com- monly 'known as 11335 North Michigan Road, Zi- onsville, Indiana 46077, and generally located on the east side of Michigan Road, between 116th MORE OR LESS. 1 i Street on the north and (S- 11/21/09 '5573471) 1 in the C untyYn the south, ton, State of Indiana. The Real Estate is zoned B -3 }(Business), located I within the US 412 /Michi- 1 gam Road Overlay Zone and is, approximately 22 acres in size. Copies of ,the requests and accompanying plans are on file. for, examina- I tion,at the Department of Community Services, One Civic. Square, Carmel, IN 46032 telephone i 317/5'/1 -2417. All interested persons de= f siring `t o t present.- their views :'on: the above pthro dads Variances, e e either n' I writing or verbally; will be given an opportunity's to be heard'at the above mentioned time and „placer.. I -.7; ;;Written objections to the _..i, proposed Development. 1 Standards Variances that are filed with the Depart ment of Community Ser vices prior to the Public Hearing will be consid- ered, and oral, comments concerning the proposed. Development Standards I Variances will be heard at the Public Hearing. 1 The'Public' may be, continued from time to time as may, be found I necessary. I CITY OF CARMEL, INDIANA. Connie Tingley, 1- Secretary City of _Carmel .1 I Board of toning Appeals .APPLICANTS Zinkan Barker Development Company, LLC I 5332 N. .Temple Avenue 1 Indianapolis, IN 46220 I Phone: (317)396 -1600 '1 ATTORNEY FOR- -APPLICANT Charles D. Frankenberger FRANKENBERGER -,.,I 3105 East 98th Street,`' >�Suite'170. l Indianapolis, IN 46.280 ''I (317)84 06 41.... PUBLISHER'S AFFIDAVIT State of Indiana SS: MARION County Personally appeared before me, a notary public in and for said county and state, the undersigned Kerry Dodson who, being duly sworn, says that SHE is clerk of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation printed and published in the English language in the city of INDIANAPOLIS in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), between the dates of: 11/25/2009 and 11/25/2009 Subscribed and sworn to before me on 11/25/2019 My commission expires: Clerk Title DIA' E S. YAGER Notary Public, State of Indiana ty Commission 608169 My Commission Expires July 08, 2017 lic AFFIDAVIT I, Jon C. Dobosiewicz, Land Use Professional, with the law firm of Nelson and Frankenberger representing the Applicant of the property involved in this Notice of Public Hearing, upon my oath and being duly sworn upon the same, hereby represent and warrant that the Notice of Public Hearing Before the Board of Zoning Appeals of the City of Carmel, Indiana, regarding Docket Numbers 09110015 -25 -V scheduled for public hearing on January 26, 2010, was mailed by certified mail, return receipt requested, to those owners of real estate as listed on Exhibit A attached hereto not less than twenty -five (25) days prior to the date of the hearing. STATE OF INDIANA SS: COUNTY OF HAMILTON My Commission Expires: Residing in Marion County Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Jon C. Dobosiewicz, and acknowledged the execution of the foregoing Affidavit. WITNESS my hand and Notarial Seal this //it. day of January, 2010. 77� Notary Public `%'P,Y ?L BECKY J. TURNER T NOTAAY Marion County My Commission Expires April 24,_2916 AFFIDAVIT OF PUBLIC NOTICE SIGN PLACEMENT I, Jon C. Dobosiewicz, Land Use Professional with the law firm of Nelson and Frankenberger, representing the Applicant of the property involved in this Public Hearing, do hereby certify that placement of the public hearing notice sign to consider Board of Zoning Appeals Docket Numbers 09110015 -25 -V was placed on the subject property at least twenty -five (25) days prior to the date of the public hearing scheduled for January 26, 2010. STATE OF INDIANA )SS: COUNTY OF HAMILTON n C. Dobosiewicz The Affiant, Jon C. Dobosiewicz, having been duly sworn, upon his oath says that the above information is true and correct as he is informed and believes. Subscribed and sworn to before me this day of January, 2010. My Commission Expires: 4o r; V 20 /6, Residing in Marion County Notary Pu c Printed j LG -V7 RECEIVED JAN 13 2010 DOGS NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS OF THE CITY OF CARMEL, INDIANA Docket Numbers 09110015 -25 V NOTICE IS HEREBY GIVEN that the Board of Zoning Appeals of the City of Carmel, Indiana (the "BZA meeting on the 21 day of December, 2009, at 6:00 o'clock p.m., in the Council Chambers, Second Floor, City Hall, One Civic Square, Carmel, Indiana 46032, will hold a Public Hearing regarding a request for the following Development Standards Variances pertaining to the real estate (the "Real Estate described in Exhibit "A" attached hereto. 1. Section 23C.03.B: maximum 75% gross floor area permitted for retail uses, 2. Section 23C.08.02: maximum building setback from US 421 right of way, 3. Section 25.07.02 -08.b: Frontage on a public street 4. Section 25.07.02 -08.b: three signs for a single tenant building (anchor tenant), 5. Section 25.07.02 -08.b: three signs facing west (anchor tenant), 6. Section 25.07.02 -08.c: maximum sign area (anchor tenant), 7. Section 25.07.02 -8.G: type of changeable copy for a sign, 8. Section 25.07.02 -11.g: copy, multi- tenant building complex directory sign, 9. Section 25.07.02 -11.d: maximum height of multi- tenant building complex sign, 10. Section 23C.03.B: drive -thru location on buildings, 11. Section 23C.14.07: perimeter fence design; and 12. Any other developmental standards variances deemed required or necessary by the Carmel Department of Community Services or the BZA. The Real Estate is commonly known as 11335 North Michigan Road, Zionsville, Indiana 46077, and generally located on the east side of Michigan Road, between 116 Street on the north and 106 Street on the south, in the County of Hamilton, State of Indiana. The Real Estate is zoned B -3 (Business), located within the US 412 /Michigan Road Overlay Zone and is approximately 22 acres in size. Copies of the requests and accompanying plans are on file for examination at the Department of Community Services, One Civic Square, Carmel, IN 46032, telephone 317/571- 2417. All interested persons desiring to present their views on the above proposed Development Standards Variances, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. Written objections to the proposed Development Standards Variances that are filed with the Department of Community Services prior to the Public Hearing will be considered, and oral comments concerning the proposed Development Standards Variances will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals BZA Notice APPLICANT Zinkan Barker Development Company, LLC 5332 N. Temple Avenue Indianapolis, IN 46220 Phone: (317) 396 -1600 BZA Notice ATTORNEY FOR APPLICANT Charles D. Frankenberger NELSON FRANKENBERGER 3105 East 98 Street, Suite 170 Indianapolis, IN 46280 (317) 844 -0106 Exhibit "A" PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST 1050.72 FEET NORTH 89 DEGREES 34 MINUTES 50 SECONDS WEST FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00 DEGREES 09 MINUTES 33 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID QUARTER 814.81 FEET TO A POINT 1839.73 FEET (1837.04 FEET DEED) SOUTH 00 DEGREES 09 MINUTES 33 SECONDS WEST OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 34 MINUTES 49 SECONDS WEST PARALLEL WITH THE SOUTH LINE AFORESAID 753.62 FEET (754.46 FEET DEED); THENCE SOUTH 07 DEGREES 53 MINUTES 26 SECONDS WEST 11.60 FEET; THENCE SOUTH 72 DEGREES 06 MINUTES 26 SECONDS WEST 578.5 FEET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER 421 PER INDOT PLANS PROJECT #STP- 135 2(008); THENCE SOUTH 15 DEGREES 21 MINUTES 16 SECONDS EAST ON AND ALONG SAID RIGHT OF WAY LINE 311.29 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 11 DEGREES 03 MINUTES 55 SECONDS EAST 131.60 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 15 DEGREES 21 MINUTES 16 SECONDS EAST 206.37 FEET TO THE SOUTH LINE OF SAID QUARTER; THENCE SOUTH 89 DEGREES 34 MINUTES 50 SECONDS EAST ON AND ALONG SAID SOUTH LINE 1146.02 FEET TO THE BEGINNING POINT, CONTAINING 22.022 ACRES, MORE OR LESS. BZA Notice Advent Evangelical Lutheran Church LC -MS Inc. 11250 Michigan Road N. Zionsville, IN 46077 Bennett Family Farm Inc. 624 Sonora Ct. Cincinnati, OH 45215 Camden, Steven A Julie A 4529 Woodhaven Drive Zionsville, IN 46077 Fehsenfeld, Fred M Jr Suzanne Marie 4415116 Zionsville, IN 46077 Koch, Christopher Kristin 4477 Haven Ct. Zionsville, IN 46077 Quirk, Debra 4076 Much Marcle Dr Zionsville, IN 46077 Ruba, Daniel Heather A VanGorp JT 4094 Much Marcle Dr Zionsville, IN 46077 Tepfer, Ravi R 4088 Much Marcle Dr Zionsville, IN 46077 Yeager, Samuel R Cheryl D 4070 Much Marcle Dr Zionsville, IN 46077 State of Indiana 41 W. 300 N. Crawfordsville, IN 47933 Altums Realty LP 11355 Michigan Road N Zionsville, IN 46077 Bosar, Susan Robert 4104 Much Marcle Dr Unit 1 Zionsville, IN 46077 Carter, Casey Laura 4138 Much Marcle Dr #1002 Zionsville, IN 46077 Jones, Catherine K 4132 Much Marcle Dr Zionsville, IN 46077 Nelson, Max 719 Braeside Ct. Indianapolis, IN 46260 Ripma, Richard D Catherine M 4451 Haven Ct. Zionsville, IN 46077 Russell, Christopher Gretchen 3824 Verdure Lane Zionsville, IN 46077 Weston Partners LLC 7089 E Co. Rd. 200 N. Avon, IN 46123 Hammerle, Christopher J Tatiana H. 981 Tillson Drive Zionsville, IN 46077 _01 .r.0.46' if/ Barbrick, Thomas Leah 4503 Haven Ct. Zionsville, IN 46077 Bosley, Mitzi M 4555 Woodhaven Dr Zionsville, IN 46077 F C Realty Forty Three LLC 10412 Allisonville Road Ste 200 Fishers, IN 46038 Karas, Apostolos 4082 Much Marcle Dr Unit 1 Zionsville, IN 46077 Price, Julia 4120 Much Marcle Dr Unit 1 Zionsville, IN 46077 Rochester, Brooke 4126 Much Marcle Dr Unit 1 Zionsville, IN 46077 Sena Realty WP LLC 1030 Summit Dr. Carmel, IN 46032 Wolff, Ira 4114 Much Marcle Dr Unit 1 Zionsville, IN 46077 Peters, Jeffrey R. 990 Tillson Dr. Zionsville, IN 46077 0 v- HAMILTON COUNTY AUDITOR I, DAWN COVERDALE, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABUTTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. DAWN COVERDALE, HAMILTON COUNTY AUDITOR DATED: Monday, November 02, 2009 o? Pursuant to the provisions of Indiana Code 5- 14- 3- 3 -(e), no person other than those authorized by the county may reproduce, grant access, deliver, or sell any information obtained from any department or office of the County to any other person, partnership, or corporation. In addition, any person who receives information from the county shall not be permitted to use any mailing lists, addresses, or data bases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person. Page 1 of 1 P 4,1 HAMILTON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTYAUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 17- 13- 06- 00 -00- 034.000 Altums Realty LP 11355 Michigan Rd N Zionsville IN Subject 46077 17- 13- 06- 00 -00- 007.000 Neighbor Fehsenfeld, Fred M Jr Suzanne Marie 4415 116th St W ZIONSVILLE IN 46077 17- 13- 06- 00 -00- 032.000 Neighbor Bennett Family Farm Inc 624 Sonora Ct CINCINNATI OH 45215 17- 13- 06- 00 -00- 032.001 Neighbor Advent Evangelical Lutheran Church LC -MS Inc 11250 Michigan Rd N ZIONSVILLE IN 46077 17- 13- 06- 00 -00- 033.102 Neighbor Weston Partners LLC 7089 E Co Rd 200 N AVON IN 46123 Monday, November 02, 2009 Page 1 of 5 g24-- 17- 13- 06- 00 -00- 033.202 Neighbor Sena Realty WP LLC 1030 Summit Dr CARMEL IN 46032 17- 13- 06- 00 -00- 033.402 Neighbor FC Realty Forty Three LLC 10412 Allisonville Rd Ste 200 FISHERS IN 46038 17- 13- 06- 00 -00- 035.000 Nelson, Max 719 Braeside Ct INDIANAPOLIS IN Neighbor 46260 17- 13- 06- 00 -01- 012.000 Neighbor Ripma, Richard D Catherine M 4451 Haven Ct ZIONSVILLE IN 46077 17- 13- 06- 00 -01- 013.000 Neighbor Koch, Christopher Kristin 4477 Haven Ct ZIONSVILLE IN 46077 17- 13- 06- 00 -01- 014.000 Neighbor Barbrick, Thomas Leah 4503 Haven Ct ZIONSVILLE IN 46077 Monday, November 02, 2009 Page 2 of 5 17- 13- 06- 00 -01- 015.000 Neighbor Camden, Steven A Julie A 4529 Woodhaven Dr ZIONSVILLE IN 46077 17- 13- 06- 00 -01- 016.000 Bosley, Mitzi M 4555 Woodhaven Dr ZIONSVILLE IN Neighbor 46077 17- 13- 06- 03 -29- 001.000 Neighbor Russell, Christopher Gretchen 3824 Verdure Ln ZIONSVILLE IN 46077 17- 13- 06- 03 -29- 002.000 Neighbor Carter, Casey Laura 4138 Much Marcle Dr #1002 ZIONSVILLE IN 46077 17- 13- 06- 03 -29- 003.000 Neighbor Jones, Catherine K 4132 Much Marcle Dr ZIONSVILLE IN 46077 17- 13- 06- 03 -29- 004.000 Neighbor Rochester, Brooke 4126 Much Marcle Dr Unit 1 ZIONSVILLE IN 46077 Monday, November 02, 2009 Page 3 of 5 17- 13- 06- 03 -29- 005.000 Price, Julia 4120 Much Marcle Dr Unit 1 ZIONSVILLE IN 17- 13- 06- 03 -29- 006.000 Wolff, Ira 4114 Much Marcle Dr Unit 1 ZIONSVILLE IN 17- 13- 06- 03 -30- 003.000 Tepfer, Ravi R 4088 Much Marcle Dr ZIONSVILLE IN 17- 13- 06- 03 -30- 004.000 Karas, Apostolos 4082 Much Marcle Dr Unit 1 ZIONSVILLE IN Neighbor 46077 Neighbor 46077 17- 13- 06- 03 -30- 001.000 Neighbor Bosar, Susan Robert 4104 Much Marcie Dr Unit 1 ZIONSVILLE IN 46077 17- 13- 06- 03 -30- 002.000 Neighbor Ruba, Daniel Heather A VanGorp JT 4094 Much Marcle Dr ZIONSVILLE IN 46077 Neighbor 46077 Neighbor 46077 Monday, November 02, 2009 Page 4 of 5 17- 13- 06- 03 -30- 005.000 Quirk, Debra 4076 Much Marcie Dr ZIONSVILLE IN Neighbor 46077 17- 13- 06- 03 -30- 006.000 Neighbor Yeager, Samuel R Cheryl D 4070 Much Marcle Dr ZIONSVILLE IN 46077 Monday, November 02, 2009 Page 5 of 5 JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE JAMES A. NICKLOY CHRISTOPHER A. FERGUSON Christine Barton Holmes Carmel Department of Community Services One Civic Square Carmel, IN 46032 Dear Christine: JCD /bjt Enclosures H: \Becky\Zoning Real Estate Matters \Kroger\LcttcrsUAr to C B Holmes 0111 I O.doc NELSON FRANKENBERGER Enclosed you will find the following: A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 January 11, 2010 RE: Proof of Mailing for Kroger BZA Docket No. 09110015 -25 -V Carmel BZA scheduled for January 26, 2010 1. Publisher's Affidavit; 2. Affidavit of Notice of Public Hearing; 3. Certified Mail Return Receipts; 4. Copy of Notice which was sent to adjoining and abutting property owners; 5. List of adjoining and abutting property owners provided to our office by the Hamilton County Auditor. 6. Affidavit regarding sign. Please call should you have any questions. Very truly yours, NELSON FRANKENBERGER, P.C. V4_ Jon C. Dobosiewicz JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional 8 9 10 RNCEIV 1 3 2010 D©Cs 016 r2 4