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Home My WebLink AboutPublic NoticeAFFIDAVIT I, Jon C. Dobosiewicz, Land Use Professional, with the law firm of Nelson 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 Hearing Officer of the City of Carmel, Indiana, regarding Docket Number 10060010V scheduled for public hearing on June 28, 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 ten (10) days prior to the date of the hearing. STATE OF INDIANA SS: COUNTY OF HAMILTON Jon C. Dobosiewicz 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 20 day of June, 2010. My Commission Expires: Residing in Marion County BECKY J. TURNER Marion County My Commission Expires April 24, 2016 RECEIVED JUN 2520i CS 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 Number 10060010V was placed on the subject property at least ten (10) days prior to the date of the public hearing scheduled for June 28, 2010. STATE OF INDIANA )S S: COUNTY OF HAMILTON 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 2 Jltiay of June, 2010. My Commission Expires: Residing in Marion County C. Dobosiewicz Notary Pull c(..) ec K ZT �T a r' n Printed NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS OF THE CITY OF CARMEL, INDIANA Docket Number 10060010V NOTICE IS HEREBY GIVEN that the Hearing Officer for the Board of Zoning Appeals of the City of Carmel, Indiana (the "BZA will conduct a meeting on the 28 day of June, 2010, at 5:30 p.m., in the 2 Floor Caucus Room, City Hall, One Civic Square, Carmel, Indiana 46032, to hold a Public Hearing regarding a request for a Development Standards Variance concerning approximately 20 acres located on the northwest corner of 106 Street and Shelbourne Road in the City of Carmel, west of the Greek Orthodox Church and legally described in what is attached hereto and incorporated by reference as Exhibit "A" (the "Real Estate The Real Estate is zoned S -1 Residence. The variance request pertains to Section 21.02.07 of the Zoning Ordinance and it seeks to extend until the 22nd day of July, 2012 the time by which to continuously commence the construction of a church on the Real Estate. Copies of the request 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 Variance, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. Written objections to the Development Standards Variance that are filed with the Department of Community Services prior to the Public Hearing will be considered, and oral comments concerning the proposed Variance 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 APPLICANT Pilgrim Lutheran Church of Indianapolis, Inc. Gerald Powell 10202 N. Meridian Street Indianapolis, IN 46290 (317) 842 -0000 H :Beckv\Zoning Real Estate M dIcrs\Pilgrim Lutheran \Notice BZA.doc ATTORNEY FOR APPLICANT Charles D. Frankenberger James E. Shinaver NELSON FRANKENBERGER, P.C. 3105 E. 98 Street, Suite 170 Indianapolis, IN 46280 (317) 844 -0106 Exhibit "A" Legal Description All that part of the East Half of the Southeast Quarter of Section 6, Township 17 North, Range 3 East platted as Brandywine Section Four (now vacated) and recorded in Plat book 7, page 162 in the Office of the recorder of Hamilton County, Indiana; and all that part of the said Half Quarter Section platted as Brandywine Section Three (now vacated) except for a 4.581 Acres tract of land being a part of Lots 35 and 36 in said Brandywine Section Three. The subject tract is more particularly described as follows: Commencing at the Southeast corner of the said Half Quarter Section; thence North 00 degrees 00 minutes 54 seconds West along the East line of the said Half Quarter Section 966.63 feet to a point which lies South 00 degrees 00 minutes 54 seconds East 1697.09 feet from the Northeast corner of the said Half Quarter Section; thence South 89 degrees 59 minutes 06 seconds West 40.00 feet to the POINT OF BEGINNING; thence South 89 degrees 59 minutes 06 seconds West 360.00 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the East line of the said Half Quarter Section 408.64 feet to the Southerly line of Brandywine Section One, the plat of which is recorded in Plat Book 6, page 52 in the Office of the Recorder of Hamilton County, Indiana; thence South 51 degrees 00 minutes 00 seconds West along the Southerly line of the said plat and along the Southerly line of Brandywine Section Two, the plat of which is recorded in Plat Book 7, page 155 in the said Recorder's Office 1193.55 feet to the West line of the said Half Quarter Section; thence South 00 degrees 13 minutes 22 seconds West along the West line of the said Half Quarter Section 592.23 feet to a point on a line which lies 40.00 feet North of and parallel with the South line of the said Half Quarter Section; thence North 89 degrees 38 minutes 51 seconds East parallel with the South line of the said Half Quarter Section 1290.24 feet to a point on a line which lies 40.00 feet West of and parallel with the East line of the said Half Quarter Section; thence North 00 degrees 00 minutes 54 seconds West and parallel with the East line of the said Half Quarter Section 926.87 feet to the POINT OF BEGINNING, containing 28 Acres, more or less. EXCEPTING THEREFROM THE FOLLOWING, TO -WIT: Part of the Southeast Quarter of Section 6, Township 17 north, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) along the south line of said Quarter 39.77 feet; thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line 40.00 feet; thence North 00 degrees 00 minutes 54 seconds West 394.94 feet to the northeast corner of the land described in a deed to Clay Township of Hamilton County, Indiana recorded as Instrument Number 200100021146 in the Office of the Recorder of Hamilton County, Indiana and the POINT OF BEGINNING; thence South 89 degrees 38 minutes 51 seconds West parallel with the South line of said Quarter and along the north line of said Clay Township property and the prolongation thereof 360.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the east line of said Quarter 534.05 feet to the Southwest comer of the land described in a deed to the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter Day Saints recorded as Instrument Number 87 -31364 in said Recorder's office; thence North 89 degrees 59 minutes 06 seconds East along the south line of said land 360.00 feet to a point which lies 40.00 feet west by perpendicular measure to the east line of said Quarter and the Southeast corner of said land; thence South 00 degrees 00 minutes 54 seconds East parallel with said east line 531.93 feet to the POINT OF BEGINNING, containing 4.405 acres, more or less. ALSO EXCEPTING THEREFROM THE FOLLOWING, TO -WIT: Part of the Southeast Quarter of Section 6, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) along the south line of said Quarter a distance of 39.77 feet; thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line a distance of 40.00 feet; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) parallel with the south line of said Quarter a distance of 395.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the east line of said Quarter a distance of 169.44 feet to a 5/8 inch rebar with yellow plastic cap stamped "SCHNEIDER FIRM #0001" (hereafter referred to as a capped rebar); thence North 44 degrees 58 minutes 18 seconds East a distance of 320.73 feet to a capped rebar; thence North 89 degrees 38 minutes 51 seconds East parallel with the south line of said Quarter a distance of 168.27 feet to a point which lies 40.00 feet west by perpendicular measure to the east line of said Quarter; thence south 00 degrees 00 minutes 54 seconds East parallel with said east line a distance of 394.94 feet to the point of beginning, containing 2.994 acres, more or less. H: \Becky\Zoning Rcnl Eslnle Mallcrs\Pilgdm Lutheran\Notice BZA.doc Allen, James N. Monica M. 3933 Shelborne Ct. Carmel, IN 46032 Dunwood', Evelyn N. 3740 106' Street W Carmel, IN 46032 Merrill, Jane B. 3729 106 St. W. Carmel, IN 46032 Scott, Billie J. 3637 Brandywine Circle Carmel, IN 46032 Clay Township of Hamilton County Indiana 10701 College Ave. N. Indianapolis, IN 46280 Jenison, Stephen H Sandra K 10520 Shelborne Road Carmel, IN 46032 Niehaus, Marilyn L. 3731 106 St. W. Carmel, IN 46032 Turkle, Janet K Michael B. Coppinger 10495 Trebah Circle Carmel, IN 46032 p I ri i 6 2 e oI4 0 sl Corporation of the Presiding Bishop of the Church of Jesus Christ 50 North Temple St E., 22 Floor Salt Lake City, UT 84150 Jordan, S. Anita P.O. Box 3557 Carmel, IN 46082 Riley, Thomas W. Bonnie G. 3675 106 Street W. Carmel, IN 46032 Weston Place Homeowners Assoc. Inc. 4000 106 St. W. #160 -109 Carmel, IN 46032 Nick K. Christiansen From: Jon Dobosiewicz [fond @NF LAW.COM] Sent: Wednesday, June 02, 2010 8:51 AM To: Nick K. Christiansen Subject: FW: Adjoiner Search Attachments: pilgrim lutheran adjoiner.pdf Nick, Please find attached an exhibit illustrating the property for which we need an Adjoiner search (abutting and adjoining only). Property Owners: The Petitioner: Location Map: Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317- 844 -0106 (Office) 317 428 -8393 (Cell) 317- 846 -8782 (Fax) jpn %rf- law.com NOTICE OF CONFIDENTIALITY 6/2/2010 Pilgrim Lutheran Church of Indianapolis, Inc. Pilgrim Lutheran Church of Indianapolis, Inc. See attached highlighted Tax map (site location map) Parcel Number(s): 17- 13- 06- 04 -05- 001.000 Zoning Authority: Carmel Board of Zoning Appeals Application Type: Variance Date: June 28, 2010 Please reply back that you have received this e-mail and call me when the adjoiners are ready to be picked up. Thanks, Jon Page 1 of 1 This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. Mae This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. HA MIL TON 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: Thursday, June 03, 2010 2,(c.J 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 HAMILTON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLL O WING PERSONS 17- 13 -06 -04 -05- 001.000 Pilgrim Lutheran Church of Indianapolis Inc 10202 Meridian St N Indianapolis IN Dunwoody, Evelyn N 3740 106th St W Carmel IN 17- 13 -06 -00 -02 -068.000 Weston Place Homeowners Assoc Inc 4000 106th St W #160 -109 Carmel 17- 13 -06 -04 -01 -011.000 Scott, Billie J 3637 Brandywine Cir Carmel I N 17 13 06 04 04 006.000 Allen, James N Monica M 3933 Shelborne Ct Carmel IN Subject 17- 13- 06 -00 -00 -027.000 Neighbor Neighbor Neighbor Neighbor 46290 46032 IN 46032 46032 46032 Thursday, June 03, 2010 Page 1 of 3 17- 13- 06- 04 -04- 007.000 Jordan, S Anita P 0 Box 3557 Carmel IN Neighbor 17- 13 -06 -04 -05 -001.001 Neighbor Corporation of the Presiding Bishop of The Church of Jesus Ch 50 E N Temple 22nd Floor Salt Lake City UT 84150 17- 13 -06 -04 -05 -001.003 Neighbor Clay Township of Hamilton County Indiana 10701 College Ave N Indianapolis IN 46280 17- 13 -06 -04 -05 -001.004 Neighbor Corporation of the Presiding Bishop of the Church of Jesus Chr 5 50 North Temple St E Salt Lake City UT 17- 13 -07 -00 -00 -018.000 Niehaus, Marilyn L 3731 106th St W Carmel IN 17- 13- 07 -00 -00 -019.000 Merrill, Jane B 3729 106th St W Carmel IN Neighbor Neighbor 46032 46032 Thursday, June 03, 2010 Page 2 of 3 17- 13 -07 -00 -00 -019.001 Merrill, Jane B 3729 106th St W Carmel IN 17- 13- 07 -00 -00 -020.000 Riley, Thomas W Bonnie G 3675 106th St W Carmel IN 17- 13- 07 -00 -00- 022.000 Turkle, Janet K Michael B Coppinger h &w 10495 Trebah Cir Carmel IN 17- 13- 07 -00 -00 -023.000 Jenison, Stephen H Sandra K 10520 Shelborne Rd Carmel Neighbor Neighbor Neighbor Neighbor 46032 46032 46032 IN 46032 Thursday, June 03, 2010 Page 3 of 3 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 RE: Dear Christine: JCD /bjt Enclosures Enclosed you will find the following: I+ Becky\Zoning Real Estate Matters \Pilgrim Lutheran Letters \Ltr to CB Holmes -Proof of Mailing 062510 don NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317 844 -0106 FACSIMILE: 317 846 -8782 June 25, 2010 Jon C. Dobosiewicz Proof of Mailing for Pilgrim Lutheran Docket No.10060010 V Carmel Board of Zoning Appeals, scheduled for June 28, 2010 JANE B. MERRILL, Of Counsel 1. Publisher's Affidavit; 2. Affidavit of Notice of Public Hearing; 3. Certified Mail Return Receipts; 4. Copy of Notice which was sent to surrounding property owners; 5. List of surrounding property owners provided to our office of the Hamilton County Auditor; 6. Affidavit regarding sign. Please call should you have any questions. Very truly yours, NELSON FRANKENBERGER, P.C. JON C. DOBOSIEWICZ, Land Use Professional