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HomeMy WebLinkAboutCorrespondence Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, August 30, 2011 5:48 PM To: 'Ochs, Timothy' Cc: 'Dick Hockema'; Weiss, Zeff A.; 'John Molitor'; Hollibaugh, Mike P Subject: RE: Woodland SpringsNariances Yes, you will just need to seek variance approval from section 23A.02, because section 26.02.03 kicks you back to it.... -Angie Conn, Planning Administrator From: Ochs, Timothy mailto :Timothy.Ochs@aicemiller.comj Sent: Monday, August 29, 2011 2:41 PM To: Conn, Angelina V Cc: 'Dick Hockema'; Weiss, Zeff A. Subject: Woodland Springs /Variances Angie: Thank you for meeting with me last week. As a follow up, attached please find a copy of a portion of the survey that shows the office /clubhouse. After the right -of -way take, the clubhouse will be approximately 23 feet from the new right -of -way. As we discussed, you were going to get back to me with staff's position as to whether or not this was conforming with the new ordinance provisions for the R -4 District. It is conforming if you deem the office /clubhouse as a principal building, which would make the applicable minimum setback 5 feet, as long Section 26.02.03 of the Carmel Zoning Ordinance does not apply. Section 26.02.03 states that where frontage is divided among districts with different front yard requirements, the deepest front yard shall apply to the entire frontage. The front yard setback for the Keystone Parkway overlay is 30 feet. I do not know, however, if you consider an overlay area a district for purposes of Section 26.02.03. If you need any additional information, please do not hesitate to contact me. Thanks Tim y LEGAl COUNSEL TIMOTHY E. OCHS Attorney at Law Phone 317 236 -5952 One American Square Fax 317- 592 -4720 Suite 2900 Cell 317 695 -8386 Indianapolis; IN 46282 -0200 Email timothy.ochs @icemiller.com www.icemiller.com Open as vCard x *:::ra:* =x**1 *1 *:r:r t•* ::r* :r:r ::spa: ***a *t 1 CIRCULAR 230 DISCLOSURE: Except to the extent that this advice concerns the qualification of any qualified plan, to ensure compliance with U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax- related matters addressed herein. CONFIDENTIALITY NOTICE: This E -mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E -mail or any attachment is prohibited. If you have received this E -mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER LLP 2 Conn, Angelina V From:. Hollibaugh, Mike P Sent:' 1, Friday, August 26, 2011 6:10 PM To: Angelina V Subject: RE: Woodland spring manor apts. variances (116th /Keystone) Angie, The fees are not waived as part of this. The settlement was very explicit on that matter, Alan Townsend stood firm on that for us, and that is settled as far as I'm concern. They got a very good deal from the city on the "taking" for the intersection, and this is definitely not a "non- profit" venture which may deserve a reprieve on the fees... Plus, your time is too valuable to give it away for this project. Okee doke? From: Conn, Angelina V Sent: Thursday, August 25, 2011 5:06 PM To: Hollibaugh, Mike P Subject: Woodland spring manor apts. variances (116th /Keystone) Hi, Mike are we going to waive the variance filing fees for these variances for building setback, front yard setback, etc? Tim Ochs is going to file the variances very soon. Also, we are going to do an administrative adls amendment approval for the wall /fence and sign for this development; can we waive the fees for this, too? Angie 1