The URL can be used to link to this page

Home My WebLink AboutPublic NoticeAFFIDAVIT 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 Hearing Officer of the City of Carmel, Indiana, regarding Docket Number 10050013 V 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 My Commission Expires: 4", 26 /cc Residing in Marion County Jon C. Dobosiewicz )3e,c 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 Notarial Seal this 2 5 day of June, 2010. J I u r Notary Public 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 10050013 V 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 )SS: COUNTY OF HAMILTON My Commission Expires: Ar I r y 2 u Residing in Marion County c Kt, Printed 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 2S {i 'day of June, 2010. NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS OF THE CITY OF CARMEL, INDIANA Docket Numbers 10050013 V NOTICE IS HEREBY GIVEN that the Board of Zoning Appeals Hearing Officer of the City of Carmel, Indiana (the "BZA meeting on the 28th day of June, 2010, at 5:30 p.m., in the Council Caucus Rooms, 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 3.07 Definitions: Identification Sign 25% logo rule: "A logo, if desired, representing the building, business or institution on a sign in a unified center is limited to twenty -five percent (25 of the Sign Area and 2. 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 101 West 103 Street, Indianapolis, Indiana 46290, and generally located on the south side of 103 Street between Illinois Street and Superior Street in Carmel, Indiana, County of Hamilton, State of Indiana. The Real Estate is zoned B -1 Business and is approximately 10.93 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 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 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 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 APPLICANT Doug DeLor Technicolor 101 West 103 Street Indianapolis, IN 46290 (317) 587 -3563 ATTORNEY FOR APPLICANT James E. Shinaver NELSON FRANKENBERGER 3105 East 98 Street, Suite 170 Indianapolis, IN 46280 (317) 844 -0106 EXHIBIT "A" (LEGAL DESCRIPTION) Part of the West Half of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of said Section 11, Township 17 North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds East (Assumed Bearing) along the North line of said Northwest Quarter a distance of 1703.15 feet; thence South 00 degrees 47 minutes 15 seconds East a distance of 16.50 feet to the Southwesterly right -of -way line of U.S. #31 a per plans for I.S.H.C. Project No. St F -222 (9) dated 1973; thence South 78 degrees 38 minutes 19 seconds East, along said right -of -way line a distance of 218.74 feet to a curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48 minutes 13 seconds West; thence Southerly along said curve and West right -of -way line of U.S. #31 a distance of 771.69 feet to a point which bears South 87 degrees 51 minutes 40 seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West along said right -of -way line a distance of 656.61 feet to a curve having a radius of 23063.31 feet, the radius point of which bears South 87 degrees 51 minutes 40 seconds East; thence Southerly along said curve and West right -of -way line a distance of 491.51 feet to the North line of a tract of land conveyed to the Pilgrim Lutheran Church of Indianapolis, Incorporated, recorded April 15, 1976, per Corporate Warranty deed in Deed Book 287, pages 832 and 833, in the Office of the Recorder of Hamilton County, Indiana, (said point being North 89 degrees 04 minutes 56 seconds West from said radius point); thence South 89 degrees 06 minutes 10 seconds West along the said North line a distance of 612.98 feet; thence South 00 degrees 08 minutes 07 seconds West a distance of 300.47 feet; thence South 89 degrees 06 minutes 10 seconds West a distance of 45.81 feet to the Beginning point; thence South 02 degrees 29 minutes 47 seconds East a distance of 99.79 feet to a curve having a radius of 815.00 feet, the radius point of which bears south 87 degrees 30 minutes 13 seconds West; thence southerly along the arc of said curve a distance of 172.66 feet to the point of reverse curvature of a curve having a radius of 1085.00 feet, the radius point of which bears South 80 degrees 21 minutes 28 seconds East; thence Southerly along the are of said curve a distance of 179.98 feet to a point which bears North 89 degrees 51 minutes 25 seconds West from said radius point; thence South 00 degrees 08 minutes 35 seconds West a distance of 132.88 feet to a curve having a radius of 135.00 feet, the radius point of which bears North 89 degrees 51 minutes 25 seconds West; thence Southwesterly along the arc of said curve a distance of 211.71 feet to a point which bears South 00 degrees 00 minutes 00 seconds West from said radius point; thence North 90 degrees 00 minutes 00 seconds West a distance of 313.18 feet to a curve having a radius of 300.00 feet, the radius point of which hears North 00 degrees 00 minutes 00 seconds West; thence Westerly along the arc of said curve a distance of 119.05 feet to a point which bears South 22 degrees 44 minutes 15 seconds West from said radius point; thence North 67 degrees 15 minutes 45 seconds West a distance of 26.05 feet to a curve having a radius of 40.00 feet, the radius point of which bears North 22 degrees 44 minutes 15 seconds East; thence Northwesterly along the arc of said curve a distance of 59.74 feet to the point of reverse curvature of a curve having a radius of 715.00 feet, the radius point of 465230 which bears North 71 degrees 41 minutes 19 seconds West; thence Northerly along the arc of said curve a distance of 228.51 feet to a point which bears North 90 degrees 00 minutes 00 seconds East from said radius point; thence North 00 degrees 00 minutes 00 seconds East a distance of 130.55 feet to a curve having a radius of 485.00 feet, the radius point of which bears North 90 degrees 00 minutes 00 seconds East; thence Northeasterly along the arc of said curve a distance of 422.68 feet to a point which bears North 40 degrees 03 minutes 58 seconds West from said radius point; thence North 49 degrees 56 minutes 02 seconds East a distance of 125.79 feet to a curve having a radius of 40.00 feet, the radius point of which bears South 40 degrees 03 minutes 58 seconds East; thence Easterly along the arc of said curve a distance of 55.05 feet to the point of reverse curvature of a curve having a radius of 165.00 feet, the radius point of which bears North 38 degrees 47 minutes 13 seconds East, thence Easterly along the arc of said curve a distance of 195.77 feet to the point of reverse curvature of a curve having a radius of 40.00 feet, the radius point of which bears South 29 degrees 11 minutes 31 seconds East, thence Easterly along the arc of said curve a distance of 63.94 feet to the point of compound curvature of a curve having a radius of 335.00 feet, the radius point of which bears South 62 degrees 23 minutes 28 seconds West; thence Southeasterly along the arc of said curve a distance of 146.83 feet to a point which bears North 87 degrees 30 minutes 13 seconds East from said radius point and the Beginning Point. Carmel Indy Properties LLC; CIP 1 LLC; 450 Roxbury Dr N. #1050 Beverly Hills, CA 90210 Meridian 465 Associates LP 11711 Pennsylvania Street N Carmel, IN 46032 Virtu Meridian Associates LLC 5973 Avenida Encinas Suite 220 Carlsbad, CA 92008 Healthcare Realty Trust Inc. 3310 West End Ave Suite 700 Nashville, TN 37203 NRC Corp. 9229 Delegates Row Ste 450 Indianapolis, IN 46240 7T Gh+tit- dOr \gzA �ujne -S House Investments Illinois Street LLC 250 103 St W. Indianapolis, IN 46290 Touw, Daniel T. Nancy K. 10417 Spring Highland Drive Indianapolis, IN 46290 Nick K. Christiansen From: Jon Dobosiewicz [fond @NF LAW.COM] Sent: Wednesday, May 19, 2010 10:59 AM To: Nick K. Christiansen Cc: Jim Shinaver Subject: Property Adjoiner Search Attachments: site location map.pdf Nick, Please find attached an exhibit illustrating the property for which we need an Adjoiner search. I need two separate searches done. (1) Plan Commission (lesser of 660' or two parcels deep) and (2) BZA (adjoining and abutting only) Property Owners: Carmel Indy Properties, LLC The Petitioner: Technicolor Location Map: See attached highlighted Tax map (site location map) Parcel Number(s): 16- 13- 11- 00 -00- 036.008 Zoning Authority: Carmel Board of Zoning Appeals Application Type: Development Standards Variance (adjoining and abutting properties only) 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 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) jon(p�uf- law.com NOTICE OF CONFIDENTIALITY 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. 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. 5/19/2010 Page 1 of 1 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: -540/1b Thursday, May 20, 2010 -44.24.14Altittet; 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 16- 13- 11 -00 -00- 036.008 Subject Carmel Indy Properties LLC (3.179%); CIP 1 LLC (4.624 CI 450 Roxbury Dr N #1050 Beverly Hills CA 90210 16- 13- 11 -00 -00 -036.000 Meridian 465 Associates LP 11711 Pennsylvania St N Carmel 16- 13- 11- 00 -00- 036.005 Virtu Meridian Associates LLC 5973 Avenida Encinas Ste 220 Carlsbad Neighbor IN 46032 Neighbor CA 92008 16- 13- 11- 00 -00- 036.007 Neighbor Carmel Indy Properties LLC (3.179 CIP Exchange Point LL 450 Roxbury Dr N #1050 Beverly Hills CA 90210 16- 13- 11- 00 -00- 036.009 Neighbor Carmel Indy Properties LLC (3.179 CIP ExchangePoint LLC 450 Roxbury Dr N #1050 Beverly Hills CA 90210 Thursday, May 20, 2010 Page 1 of 2 16- 13- 11- 00 -00- 036.011 Neighbor NRC Corp 9229 Delegates Row Ste 450 Indianapolis IN 46240 16- 13- 11- 00 -00- 036.012 House Investments Illinois Street LLC 250 103rd St W Indianapolis IN 17- 13- 11- 00 -00- 030.000 Meridian 465 Associates Ltd 11711 Pennsylvania St N Carmel Neighbor 46290 16- 13- 11- 00- 00- 036.013 Neighbor Healthcare Realty Trust Inc 3310 West End Ave Ste 700 Nashville TN 37203 Neighbor IN 46032 17- 13 -11- 00-01- 020.000 Neighbor Touw, Daniel T Nancy K 10417 Spring Highland Dr Indianapolis IN 46290 Thursday, May 20, 2010 Page 2 of 2 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 NELSON FRANKENBERGER RE: Proof of Mailing for Technicolor Docket No.10050013 V Carmel Board of Zoning Appeals, scheduled for June 28, 2010 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 June 25, 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 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. H: \Becky \Zoning Real Estate Matters \Tcchnicolor Signage 2010U.etters \Lir to CB Holmes -Proof of Mailing 062510.doc Jon C. Dobosiewicz JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional