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Home My WebLink AboutPublic NoticeAll interested persons desiring to present their views on the above pro I waiting Variance, swill be given an opportunity to, be heard at the above mentioned- time and place. I The Public Hearing may be continued from time 8120L•- 5710773 to time as may be fount( necessary. I CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals APPLICANT The J. C. Hart Company Todd May 805 City Center Drive, Suite 120 Carmel,:IN 46032 (317) 573 4808 REPRESENTATIVES OF APPLICANT Charles D. Frankenberger Jon Dobosiewicz NELSON FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 (317)844.0106 (S 9/17/10- 5710773) Form 65 -REV 1 -88 i NOTICE OF PUBLIC BEFORE THE CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket Numbers i 10090002V and 10090003V NOTICE IS HEREBY GIVEN that the Hearing Officer for the Carmel /Clay Board of Zoning Ap- peals, will conduct a meeting g on the 27th day of. September; 2010, at 5:30 o clock p.m., in the 2nd Floor Caucus Room, City. Hall, One:., iS uare,.Carmel 46032, to hold ,a Public est Hearing regarding p a re variance meat 'The variance. request ppertains to Section 25.07.03-2(h) �of the Zon I Ordinance and seeks permission to permit an 1 illuminated temporary sign within the right -off- l way (the "Variances The location- that is the I subject ,of the Variances i is he-right -of ;way of Community Drive 10 Gated south of and adja cent to East 146th'Street in the Legacy, PUD. The Legacy PUD is located I on the southwest corner of 146th Street and River J Road in Carmel,'lndiana. The application 'is iden- tified as Docket Num- bers 10090002V and 10090003V and cop of the requests and re on file' i pr e xa ni for e xamshatsom at. the. Department of Commu- nity Services, One,Civic L €'Square, Carmel; IN 46032. telepho L 3 17/5712417_.,'_'_. PUBLISHER'S AFFIDAVIT State of Indiana SS: MARION County 44, o the undersigned JENNIFER LOWE who, being duly sworn, says that SHE;is,elerk 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: 09/17/2010 and 09/17/2010 Personally appeared before me, a notary public in and for said county and state, Subscribed and sworn to before me on 09/17/ My commission expires: tiiJ t M. POWELL NOTARY PUBLIC L nTATE OF INDIANA MY CON EXPIRES February 28, 2016 Clerk Title RECEIVED 24 MO DQCS 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 10090002 V and 10090003 V was placed on the subject property at least ten (10) days prior to the date of the public hearing scheduled for September 27, 2010. AFFIDAVIT OF PUBLIC NOTICE SIGN PLACEMENT STATE OF INDIANA )SS: COUNTY OF HAMILTON My Commission Expires: v VOr a4! ao!'f Residing in Marion County 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 of September, 2010. Notary P i I3ece� J /L4 r%e Printed BECKY J. TURNER Marion County My Commission Expires April 24, 2016 APPLICANT NOTICE OF PUBLIC HEARING BEFORE THE CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Docket Numbers 10090002V and 10090003V NOTICE IS HEREBY GIVEN that the Hearing Officer for the Carmel /Clay Board of Zoning Appeals, will conduct a meeting on the 27 day of September, 2010, at 5:30 o'clock 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. The variance request pertains to Section 25.07.03 -02(e) and 25.07.03 -2(h) of the Zoning Ordinance and seeks permission to permit an illuminated temporary sign within the right -of -way (the "Variances The location that is the subject of the Variances is the right -of -way of Community Drive located south of and adjacent to East 146 Street in the Legacy PUD. The Legacy PUD is located on the southwest corner of 146 Street and River Road in Carmel, Indiana. The application is identified as Docket Numbers 10090002V and 10090003V and 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 Variance, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. 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 The J. C. Hart Company Todd May 805 City Center Drive, Suite 120 Carmel, IN 46032 (317) 573 -4808 H: \Becky \Zoning .F Real Estate Mattcrs\JC Hart\Legacv 2010 Sign Variance Request Notice \BZA Notice 091410.doc REPRESENTATIVES OF APPLICANT Charles D. Frankenberger Jon Dobosiewicz NELSON FRANKENBERGER 3105 East 98 Street, Suite 170 Indianapolis, IN 46280 (317) 844 -0106 AFFIDAVIT 10 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 10090002 V and 10090003 V scheduled for public hearing on September 27, 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: Apr: a y Residing in Marion County Jon; 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 thisc)' day of September, 2010. c cK 7 ,'7u, c Notary Public •S,;p 3: :NOTARY SEAL PT+ .i OF 1N0 BECKY J. TURNER Marion County My Commission Expires April 24, 2016 SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired: Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: East Carmel LLC 9757 Westpoint Dr Suite 600 Indianapolis, IN 46256 2. Article Number i f (Transfer f Number a labeO i 1 1 i A. Signa X D. Is If PSG Form 3811, February 2004 Domestic Return 4 Receipt COMPLETE THIS SECTION'ON DELIVERY 3. Service Rtertlfled Mail Registered Insured Mall 4. Restricted Delivery? (Extra Fee) Express Return Receipt for Merchandise C.O.D. 7!010 1060 ,0001 3023 2109 Agent Addressee C. Date of Delivery item 17, Yes w: No Yes 102595 -02 -M -1540 sS '4Postal Servtice ER TIFIE D MAIL omesttc Mail Only, No ln. rovided 0 Fo ,06 lo bsite at www us es comma V Total Postage' Sent To Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r S,Form,300''" Pedcor Investments 2005 LXXXI LP Street, Apt. No. P.O. Box 574 w oiPOB Carmel, IN 46082 City, Statete, ZIP J.C. Hart Legacy 2010 Sign Variance Request BZA Docket Nos. 10090002 V and 10090003 V Proof of Mailing Page 2 of 2 U.S. Postal Service'., CERTIFIED MAILin RECEIPT (Domestic Marl,Only 'Ng,lnsurance'Coverage Provtded) 0 O r 11.1 m nJ m O O 0 a a N m 0 o n-j m ru m -n O rte 0 l7 r- Return Receipt Fee (Endorsement Required) �y. +Cp/ 7 ?Olp East Carmel LLC Street, Apt.No.; 9757 Westpoint Dr Suite 600 or PO Box No. City, State, ZIP+• Indianapolis, IN 46256 Restricted Delivery Fee (Endorsement Required) Total Postage Sent To Postage Certified Fee PS For'rrn ere Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postage Certified Fee �E os e Here G W SEP 17 7010 f Greystone Phase II LP A SP S Street, Apt. No P.O. Box 574 or PO Box No. Carmel, IN 46082 City, State, ZIF Total Postag �3,SOO;,f,'AugF,�s�t,• J.C. Hart Legacy 2010 Sign Variance Request BZA Docket Nos. 10090002 V and 10090003 V Proof of Mailing Page 1 of 2 East Carmel LLC 9757 Westpoint Dr Suite 600 Indianapolis, IN 46256 J C. /44 I Rc1 S.' jh Ow er' Greystone Phase II LP P.O. Box 574 Carmel, IN 46082 Pedcor Investments 2005 LXXXI LP P.O. Box 574 Carmel, IN 46082 Nick K. Christiansen From: Jon Dobosiewicz [jond @NF- LAW.COM] Sent: Thursday, September 09, 2010 10:24 AM To: Nick K. Christiansen Subject: Adjoiners Attachments: adjoining parcel map.pdf Nick, Please find attached an exhibit illustrating the property for which we need an Adjoiner search. This is for Carmel BZA (adjoining and abutting only). It is for a sign that is in the Right of way of Community Drive just south of and at the intersection with 146 Street. I have spoken with Rachel Boone at Carmel DOCS and she is n agreement that we should notify the three parcel identified on the attached exhibit. Property Owners: N/A The Petitioner: JC Hart Company Location Map: See attached highlighted Tax map identifying the parcels for which we need the owner name and address Parcel Number(s): N/A Zoning Authority: Carmel Board of Zoning Appeals Application Type: Development Standards Variance Date: September 27, 2010 Please reply back that you have received this e-mail and call me when the list is ready to pick 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 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. **.t r************************.*** *mat *:x This email and any tiles transmitted with it are confidential and intended solely for the use of the individual or entity t o whom they are addressed. if you have received this entail in error please notify the system manager. 9/9/2010 CASH RECEIPT Date 1:15 73 Received From Address JDN DoBDsirw1Cam ACCOU AMT PAID BALANCE CHECK MONEY ORDER 0 CREDIT CARD 0 Dollars Page 1 of 1 RECEIVED op 2 4 i PO DOGS HAMILTON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 10- 10- 14- 00 -00- 007.003 Greystone Phase II LP P 0 Box 574 Carmel IN 10- 10- 14- 00 -00- 007.102 Pedcor Investments 2005 LXXXI LP P 0 Box 574 Carmel IN 17- 10- 23- 00 -00- 001.003 East Carmel LLC 9757 Westpoint Dr Ste 600 Indianapolis IN 17- 10- 23- 00 -00- 001.003 East Carmel LLC 9757 Westpoint Dr Ste 600 Indianapolis IN Friday, September 10, 2010 Subject Subject Subject Subject 46082 46256 46256 10- '0 -00- 007.001 Neighbor Weeks, Lawrence B 7424 146th St E Noblesville IN •062 RECEIVED 4 26116 LJtji Page 1 of 9 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 Dept. of Community Services One Civic Square Carmel, IN 46032 RE: Proof of Mailing for J.C. Hart Legacy Sign Variance Request Docket Nos. 10090002 V and 10090003 V Carmel Board of Zoning Appeals scheduled for September 27, 2010 Dear Christine: NELSON FRANKENBERGER Enclosed you will find the following: 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 property owners; 5. List of adjoining property owners provided to our office by the Hamilton County Auditor; 6. Affidavit re: sign. Please call should you have any questions. Very truly yours, NELSON FRANKENBERGER JCD /bjt Enclosures A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 September 24, 2010 Jon C. Dobosiewicz H: \Beck}\Zoning Real Estate MattersUC Hart\Legacy 2010 Sign Variance Request \Correspondence \Ltr to C 13 Holmes 0924I0.doc JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional