HomeMy WebLinkAboutRequest Extension 06-18-09 A 23 45
I C€iIL L€RLLP RECEIVED
LEGAL COUNSEL JUN222009
DOCS ti
June 18, 2009 WRITERS DIRECT NUMBER. -3.1-f.)-23' 319
DIRECT FAX (317) 592 -4788
INTERNET: Zeff.Weiss @icemiller.com
Michael P. Hollibaugh
Director, Department of Community Services
City of Carmel
One Civic Square 3 Floor
Carmel, Indiana 46032
RE: Martin Marietta 08080007CA and 08080008V (Mueller North)
Request Extension Before the Initiation of Construction
Dear Mike:
We represent Martin Marietta Materials, Inc. concerning the modification of
commitments and variance petitions approved by the Carmel Advisory Board of Zoning Appeals
on September 22, 2008, for the Mueller Property North, at the northwest corner of 106`" Street
and Hazel Dell Parkway.
The Letter of Grant associated with these petitions references Section 30.05.05 (a copy of
which is enclosed herewith for your ease of reference) and states, in relevant part, as follows:
Any variance granted by the Board on a permanent basis, under the procedures set
forth in this Section, shall be effected or shall be part of a project on which
continuous construction has commenced within one (1) year from the date of the
granting of said variance or it shall become null and void. Upon application to the
Director before the expiration of said approval, and upon good cause shown, said
approval may be extended for six (6) months.
As of this writing, due to a variety of business conditions, as well as delays that occurred
in respect of completing conveyance of land to the adjoining property owners in Kingswood
Subdivision, we do not anticipate we will commence continuous construction in accordance with
Section 30.05.05 (above) before September 22, 2009. Therefore, this letter shall serve as our
formal application to the Director requesting a one -time extension as authorized by Section
30.05.05.
We respectfully request that you provide the full six (6) months extension. Therefore,
our deadline to commence continuous construction associated with Petitions 08080007CA and
08080008V would be March 22, 2010.
One American Square I Suite 2900 I Indianapolis, IN 46282 -0200 I P 317 236 -2100 I F 317 236 -2219
INDIANAPOLIS I CHICAGO I DUPAGE COUNTY IL I WASHINGTON DC www.icemiller.com
Michael P. Hollibaugh
June 18, 2009
Page 2 of 2
Should you have any additional questions or concerns, please do not hesitate to contact
me.
Very truly yours,
IC ILL LLP
A �s
cc: John J. Tiberi
Wayne Phears, Esq.
Christine Barton Holmes
Greg Ewing
I/2343764.1