HomeMy WebLinkAboutPublic NoticeAFFIDAVIT 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 Numbers 11010007V and 11010008V was placed on
the subject property at least twenty -five (25) days prior to the date of the public hearing
scheduled for February 28, 2010.
STATE OF INDIANA
)SS:
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 .day of February, 2011.
Residing in Marion County
My Commission Expires: 0-4 moo/
Jon C. Dobosiewi z
Notary Pu
Printed
Y Py BECKY J. TURNER
arA Marion County
SEAL My Commission Expires
April 24, 2016
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL /CLAY ADVISORY BOARD OF ZONING
Docket Numbers 11010007 V and 11010008 V
NOTICE IS HEREBY GIVEN that the Hearing Officer for the Carmel /Clay Board of
Zoning Appeals, will conduct a meeting on the 28 day of February, 2011, at 5:30 o'clock
p.m., in the 2 Floor Council Caucus Rooms, City Hall, One Civic Square, Carmel, Indiana
46032, to hold a Public Hearing, identified by the Docket Numbers referenced above, regarding
a request for development standards variances.
The variance requests pertain to Section 25.07.02 -08(b) of the Zoning Ordinance and
seek permission to permit (i) two signs, and (ii) two signs facing the same frontage (collectively
the "Variances
The real estate made the subject of the Variances is generally located on the south side of
Carmel Drive, between Keystone Avenue and Rangeline Road, in Carmel, Indiana, is commonly
known as 613 East Carmel Drive, Carmel, Indiana 46032, and is legally described in the
attached Exhibit "A" (the "Real Estate The Real Estate is zoned B -8 Business District and is
approximately 1.12 acres in size.
The applications are identified as Docket Numbers 11010007 V and 11010008 V 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 Variances,
either in writing or verbally, will be given an opportunity to be heard at the above mentioned
time and place.
CITY OF CARMEL, INDIANA
Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals
APPLICANT
The Public Hearing may be continued from time to time as may be found necessary.
The National Bank of Indianapolis
107 N. Pennsylvania Street
Suite 700
Indianapolis, Indiana 46204
Attn: Michael S. Maurer, President
REPRESENTATIVES FOR
APPLICANT
Charles D. Frankenberger
Jon C. Dobosiewicz
NELSON FRANKENBERGER
3105 East 98 Street, Suite 170
Indianapolis, IN 46280
(317) 844 -0106
EXCEPT
EXHIBIT "A"
PART OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST,
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE
NORTH 01 DEGREES 04 MINUTES 45 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION 1752.85 FEET TO THE INTERSECTION OF THE CENTERLINE OF
WESTFIELD BOULEVARD WITH THE CENTERLINE OF CARMEL DRIVE; THENCE
NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST ALONG THE CENTERLINE OF
SAID CARMEL DRIVE 600.00 FEET TO THE P. C. OF A CURVE; THENCE ALONG SAID
CENTERLINE NORTHEASTERLY 400.00 FEET ALONG AN ARC TO THE LEFT HAVING
A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A BEARING OF NORTH 79
DEGREES 55 MINUTES 00 SECONDS EAST AND A LENGTH OF 397.97 FEET TO THE
P.T. OF SAID CURVE; THENCE NORTH 69 DEGREES 55 MINUTES 00 SECONDS EAST
ALONG SAID CENTERLINE 238.51 FEET TO THE P.C. OF A CURVE; THENCE ALONG
SAID CENTERLINE NORTHEASTERLY 400.00 FEET ALONG AN ARC TO THE RIGHT
HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A BEARING OF
NORTH 79 DEGREES 55 MINUTES 00 SECONDS EAST AND A LENGTH OF 397.97 FEET
TO THE P.T. OF SAID CURVE; THENCE NORTH 89 DEGREES 55 MINUTES 00
SECONDS EAST ALONG SAID CENTERLINE 1060.12 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION WHICH IS SOUTH 89 DEGREES 55 MINUTES 00
SECONDS WEST 690.73 FEET FROM THE INTERSECTION OF THE CENTERLINE OF
KEYSTONE WAY WITH THE CENTERLINE OF SAID CARMEL DRIVE; THENCE
NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE OF
CARMEL DRIVE 172.21 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 00
SECONDS EAST 290.00 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00
SECONDS WEST PARALLEL WITH SAID CENTER LINE OF CARMEL DRIVE 171.81
FEET; THENCE NORTH 00 DEGREES 09 MINUTES 45 SECONDS WEST 290.00 FEET TO
THE POINT OF BEGINNING AND CONTAINING 1.145 ACRES, MORE OR LESS.
PART OF THE SOUTH HALF OF SECTION 31 TOWNSHIP 18 NORTH, RANGE 4 EAST
OF THE SECOND PRINCIPAL MERIDIAN IN HAMILTON COUNTY, INDIANA BEING
ALL THAT PART OF THE OWNER'S LAND IDENTIFIED AS PARCEL 27 LYING
WITHIN THE AREA IDENTIFIED AND SHOWN AS "PROPOSED PERMANENT RIGHT
OF WAY" ON THE ATTACHED ROUTE SURVEY PLAT AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 31; THENCE BEARING NORTH 01 DEGREES 04 MINUTES 45 SECONDS
WEST (BASIS OF BEARINGS IS FROM INSTRUMENT NUMBER 9809831407, OFFICE
OF THE HAMILTON COUNTY RECORDER) ALONG THE WEST LINE THEREOF A
DISTANCE OF 1752.85 FEET TO THE CENTERLINE OF CARMEL DRIVE; THENCE
NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE A
DISTANCE OF 600.00 FEET TO THE POINT OF CURVATURE OF A CURVE HAVING A
RADIUS OF 1145.92 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 00
DEGREES 05 MINUTES 00 SECONDS WEST; THENCE EASTERLY ALONG SAID
CURVE AND ALONG SAID CENTERLINE AN ARC DISTANCE OF 400.00 FEET TO A
POINT BEARING SOUTH 20 DEGREES 05 MINUTES 00 SECONDS EAST FROM SAID
RADIUS POINT; THENCE NORTH 69 DEGREES 55 MINUTES 00 SECONDS EAST
ALONG SAID CENTERLINE A DISTANCE OF 238.51 FEET TO THE POINT OF
CURVATURE OF A CURVE HAVING A RADIUS OF 1145.92 FEET, THE RADIUS POINT
OF WHICH BEARS SOUTH 20 DEGREES 05 MINUTES 00 SECONDS EAST; THENCE
EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 400.00 FEET TO A POINT
BEARING NORTH 00 DEGREES 05 MINUTES 00 SECONDS WEST FROM SAID RADIUS
POINT; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST ALONG SAID
CENTERLINE A DISTANCE OF 1060.12 FEET TO A POINT DISTANT SOUTH 89
DEGREES 55 MINUTES 00 SECONDS WEST A DISTANCE OF 690.73 FEET FROM THE
INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF KEYSTONE
WAY; THENCE CONTINUING NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST
ALONG SAID CENTERLINE A DISTANCE OF 172.21 FEET; THENCE SOUTH 00
DEGREES 05 MINUTES 00 SECONDS EAST A DISTANCE OF 40.00 FEET TO THE
POINT OF BEGINNING ON THE SOUTH RIGHT OF WAY LINE OF CARMEL DRIVE;
THENCE CONTINUING SOUTH 00 DEGREES 05 MINUTES 00 SECONDS EAST A
DISTANCE OF 8.00 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS
WEST PARALLEL WITH THE AFORESAID RIGHT OF WAY LINE A DISTANCE OF
172.14 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 45 SECONDS WEST A
DISTANCE OF 8.00 FEET TO THE AFORESAID SOUTH RIGHT OF WAY LINE OF
CARMEL DRIVE; THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST
ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 172.15 FEET TO THE POINT OF
BEGINNING. CONTAINING 1377 SQUARE FEET.
AFFIDAVIT
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 11010007 V and 11010008 V scheduled
for public hearing on February 28, 2011, 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.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
rte`( 46 0/ 6
Residing in Marion County
on 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 as- day of February, 2011.
)3-ex, k y .1r Notary Public
NOTARY'
SEAL
BECKY J. TURNER
Marion County
My Commission Expires
April 24,, 2016
DOCs
American National Bank /Key Bank
P.O. Box 167928
Irving, TX 75016
Harris NA
P.O. Box 755
Chicago, IL 60690
Scheid, Revocable Trust of Roy P
535 Marriott Dr
Nashville, IN 37214
Buckingham Fountains LLC
941 Meridian St. N.
Indianapolis, IN 46204
Kunz, Patsy M Sarah H Trustees
of Patsy M Kunz Revocable
50 New Jersey St S Ste 310
Indianapolis, IN 46204
Fenneman Brown Properties LLC
5864 East St S
Indianapolis, IN 46227
R R Properties
606 Station Dr.
Carmel, IN 46032
Docs
HAMILTON COUNTY NOTIFICATION LIST
PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING
PLEASE NOTIFY THE FOLLOWING PERSONS
16- 10- 31- 00 -00- 016.021 Subject
Kunz, Patsy M Sarah H Trustees of Patsy M Kunz Revocable
50 New Jersey St S Ste 310
Indianapolis IN
16- 10- 31- 00 -00- 016.017
R R Properties
606 Station Dr
Carmel I N
16- 10- 31- 00 -00- 016.018
American National Bank/Key Bank
P 0 Box 167928
Irving TX
16- 10- 31- 00 -00- 016.019
Scheid, Revocable Trust of Roy P
535 Marriott Dr
Nashville TN
16- 10- 31- 00 -00- 017.000
Fenneman Brown Properties LLC
5864 East St S
Indianapolis IN
Neighbor
Neighbor
Neighbor
Neighbor
46204
46032
75016
37214
46227
Monday', December 06, 2010 Page 1 oft
16- 10- 31- 00 -00- 021.000
Harris NA
P O.Box 755
Chicago IL
16- 10- 31- 00 -00- 023.000
Buckingham Fountains'LLC
941 Meridian St N
Indianapolis IN
Neighbor
Neighbor
60690
46204
Monday, December 06, 2010 Page 2 oft
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SI- IINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
JAMES A. NICKLOY
CHRISTOPHER A. FERGUSON
Angie Conn
Carmel Dept. of Community Services
One Civic Square
Carmel, IN 46032
Dear Angie:
JCD /bjt
Enclosures
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317- 844 -0106
FACSIMILE: 317- 846 -8782
February 25, 2011
RE: Proof of Mailing for National Bank of Indianapolis Carmel
Docket Nos. 11010007 V and 11010008 V
Carmel BZA scheduled for February 28, 2011
Enclosed you will find the following:
15 \Becks\Zoning Real Estate Matters \National Bank of Indpls Carmel Drive Correspondence \Ltr to A Conn -BZA 022511.doc
Jon C. Dobosicz
F
NELSON FRANKENBERGER fiFR
A PROFESSIONAL CORPORATION UQ �0�
ATTORNEYS AT LAW
Please call should you have any questions.
Very truly yours,
NELSON FRANKENBERGER, P.C.
u 3
JAN E.B -MERRILL,
OfCounsel
JON C. DOBOSIEWICZ,
Land Use Professional
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 by the Hamilton County
Auditor;
6. Affidavit regarding sign.