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HomeMy WebLinkAboutPublic NoticeSTATE OF INDIANA SS: COUNTY OF HAMILTON My Commission Expires: Af r /aY, 20 /C0 Residing in Marion County AFFIDAVIT I, Jon C. Dobosiewicz, Land Use Professional, with the law firmof 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 Number 10050014 -21 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 twenty -five (25) days prior to the date of the hearing. 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 2 M day of June, 2010. A_.n.A.e" 8e k4 T /14 rner, 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 10050014 -21 V was placed on the subject property at least twenty -five (25) days prior to the date of the public hearing scheduled for June 28, 2010. STATE OF INDIANA )SS: COUNTY OF HAMILTON My Commission Expires: A- e) r e-' 2 -0/6 Residing in Marion County r on 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 1 S 'day of June, 2010. Notary Pu *c T3� Printed BECKY J. TURNER Marion County My Commission Expires April 24, 2016 NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS OF THE CITY OF CARMEL, INDIANA Docket Numbers 10050014 -21 V NOTICE IS HEREBY GIVEN that the Board of Zoning Appeals of the City of Carmel, Indiana (the "BZA meeting on the 28th day of June, 2010, 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 23F.06.02: minimum 70% of frontage, 2. Section 23F.08.01: minimum 0.5 Floor Area Ratio (FAR), 3. Section 3.07: Definition of Changeable Copy, 4. Section 25.07.02- 10(b): Number of signs, 5. Section 25.07.02- 10(b): Number of signs facing South ROW, 6. Section 25.07.02- 10(b): Number of signs facing West ROW, 7. Section 25.07.02- 10(c): Total square footage, 8. Section 23F.13.01(A): Permit ground signs in overlay zone, and 9. 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 1221 Rangeline Road, Carmel, Indiana 46032, and generally located on the north east corner of Rangeline Road and Carmel Drive in Carmel, Indiana, County of Hamilton, State of Indiana. The Real Estate is zoned B -8 Business and is approximately 1.236 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 TH Midwest, Inc. 2600 Corporate Exchange Dr., Suite 170 Columbus, OH 43231 (614) 315-2112 ATTORNEY FOR APPLICANT James E. Shinaver NELSON FRANKENBERGER 3105 East 98 Street, Suite 170 Indianapolis, IN 46280 (317) 844 -0106 EXHIBIT "A" (LEGAL DESCRIPTION) A part of the Southwest Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the West line of said section, distant 1752.85 feet measured North 1 degree 04 minutes 45 seconds West along said West line from the Southwest corner thereof; running thence North 1 degrees 04 minutes 55 seconds West and along said West line 215.15 feet to a point 693 feet South of the Northwest comer of the South half of said section; thence North 89 degrees 55 minutes East and parallel with the North line of said'/ section 250 feet; thence South 1 degree 04 minutes 45 seconds East 215.15 feet; thence South 89 degree 55 minutes West 250 feet to the point of beginning, containing 1.235 acres more or less. Except: That part of the above described real estate deeded to the town of Carmel for Right of Way purposes for Carmel Drive and Rangeline Road in Deed Record 312 Page 367 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 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Enclosed you will find the following: H: \Becky\Zaning W. Real Estate Matters \Turkey Hill \Cam,el\Letters \Ltr to CB Holmes -Proof of Mailing 062510.doc 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 June 25, 2010 RE: Proof of Mailing for Turkey Hill Carmel Docket No.10050014 -21 V Carmel Board of Zoning Appeals, scheduled for July 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 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 JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional Barnes Investment Company 11308 Lakeshore Dr E Carmel, IN 46033 Macs Convenience Stores, LLC 315 Commons Mall P.O. Box 347 Columbus, IN 47202 Fineberg Group LLC 1 Carmel Dr E Ste 200 Carmel, IN 46032 Pine Tree Indiana LLC 40 Skokie Blvd Suite 610 Northbrook, IL 60062 4- 1 /-4 62_Vk Gtxne Kroger Limited Ptn 1 Real Estate Dept. 5960 Castleway Dr W Indianapolis, IN 46250 Stewart, Paul W.; Stewart, Claribel M.; Neale 10946 Hamilton Pass Fishers, IN 46038 Nick K: Christiansen From: Jon Dobosiewicz [fond @NF LAW.COM] Sent: Tuesday, May 11, 2010 2:49 PM To: Nick K. Christiansen Subject: RE: Attachments: Subject parcel 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: The Petitioner: Location Map: Barnes Investment Company TH Midwest, Inc. See attached highlighted Tax map Parcel Number(s): 16- 10- 31- 00 -00- 047.000 Zoning Authority: (1) Carmel Plan Commission and (2) Carmel Board of Zoning Appeals Application Type: (1) DP /ADLS (660' or two parcels deep) (2) Development Standards Variance (adjoining and abutting only) Date: (1) June 15, 2010 and (2) 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 (&nf- law.com NOTICE OF CONFIDENTIALITY From: Nick K. Christiansen [mailto: Nick. Christiansen ©hamiltoncounty.in.gov] Sent: Tuesday, May 11, 2010 2:48 PM To: Jon Dobosiewicz Subject: Disregard previous. This address should work 5/11/2010 Page 1 of 1 This E -mail message and its attachments (if any) arc 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. •tit* **i*** }tit 'This email and any tiles 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. 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: Wednesday, May 12, 2010 21 ,„;443 6,t9-9 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- 10- 31- 00 -00- 047.000 Barnes Investment Company 11308 Lakeshore Dr E Carmel 16 -09- 36 -00 -00- 028.000 Neighbor Stewart, Paul W (34.75 Stewart, Claribel M (34.75 Neale 10946 Hamilton Pass Fishers 16 -09- 36- 04 -02- 005.000 Macs Convenience Stores LLC 315 Commons Mall PO Box 347 Columbus 16- 10- 31- 00 -00- 043.001 Pine Tree Indiana LLC 40 Skokie Blvd Ste 610 Northbrook IL 60062 16- 10- 31- 00 -00- 046.000 Fineberg Group LLC 1 Carmel Dr E Ste 200 Carmel Subject IN 46033 IN 46038 Neighbor IN 47202 Neighbor Neighbor IN 46032 Wednesday, May 12, 2010 Page 1 of 2 16- 10- 31 -00 -00- 048.000 Fineberg Group LLC 1 Carmel Dr E Ste 200 Carmel Neighbor IN 46032 16- 10- 31- 00 -00- 050.000 Kroger Limited Ptn I Real Estate Dept 5960 Castleway Dr W Indianapolis IN 46250 Neighbor Neighbor 16- 10- 31- 00 -00- 050.001 Kroger Limited Ptn I Real Estate Dept 5960 Castleway Dr W Indianapolis IN 46250 Wednesday, May 12, 2010 Page 2 of 2