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Home My WebLink AboutPublic Notice82077-3338970 PUBLISHER'S AFFIDAVIT State of Indiana SS' MARION County HEARING I NOTICE OF PUBLIC ~ BEFORETHE HEARING I '. OFFICER.OFTHE CARMEL' I BOARD OF ZONING APPEALS I Docket No. 04060015 V I Notice is hereby .given .that'the ~ Hearing Officer of the Carmel ~ Board of Zoning Appeals on' the 26th day' of July, 2004 at: 6:15'pm in the City Hall 2nd Floor Caucus Rooms, 1 Civrc Square, Carmel, Indiana 46032 Will hold a Public Hear- ing upon a Developmental Standards VarianCe applica- tion 'for Kite Greyhound, LLC ("Applicant"). Applicant requests approval of a Devel-' opmental Standards Variance of Section 27.05 of the Car- reel/Clay Zoning Ordinance to ~ decrease the amount of park- · ]~ng spaces for restaurants to ~b(.,T located on the real estate from i space per 2.5 patron seats to i space per 3 patron ;eats. The property is located south and east of the intersection of 146th Street and Keystone Avenue in Carmel, Indiana. The application is identified as Docket No. 04060015 .V. e-teal estate .affected~.by. at~lt:'~cations is descrioed in the following legal descriP- tion: ' A part of the' Northwest Quar- ter of Section 10, Township 18 NOrth, Range 4 East, Clay Township, Hamilton County, Indiana, described as follows: Be. ginnip9 at_a point at the int~secti0n of the north line of the south half. of said quarter section with the eastern boun- dary of' State Road 431, said .oint being North 80 degrees 5 .minutes 32 seconds'East 609.82 feet from the north- west corner .ofthe south half of said quarter section; thence along .said eastern boundary NOrthwesterly along a curve to the right with a radius of 5671.6b feet, the radius point ~ PRESCRIBED FORMULA which bears North 66 06 min- utes 18 seconds East a dis- tance of 292.04 feet to a point ' Which bears South 69.degrees iCA COL[~I~T 94 POINT 03 minuteS 19 seconds West - from said radius point; thence i~T North 69 degrees 03 minutes TS / 5.7 PT. TYPE - 16.49 19 seconds East: 47,00 feet; thence NOrth 90 degrees 00 ;.MS / 250 -.06596 SQUARES minutes 00 seconds East 130.48 feet to a non-tangentSQUARES x $4.67 - .308 CENTS PER LINE curve having a radiUs of 270.00 feet the. radius point which bears South 55 degrees 55 minutes 00 seconds EaSt, thence Northeasterly~ 365.41 feet along said curve to a point ~hich bears North 21 degrees ........... 37 minutes 34 seconds East from said. radius point; thence North 89 degrees 14 minutes 07 seconds East 192.22 feet; thence South 00 degrees 10 minutes 51 seconds West 526.33 feet to a Point on a non- tangent curve having a radius of 278.87 feet, the radius point of which bears North 67 degrees 12 minutes 27 sec- onds West; thence SouthWest- erly, Westerly, and Northwest- erly along said curve 630.33 feet to ~r point which bears South 62 degrees 17 minutes '54 Seconds west. frOm said radius point, said point lies on. the aforesaid, Easterly limited I access right-of-way line (the next two courses are alOng said right-of-way); 1) thence l 'North 24 degrees 51 minutes I 15 seconds West 72.38 feet to a ,curve having a radius 5671.60 feet, the radius pOint of which bears North ,65 degrees 06 minutes' 51. sec- onds East; 2) thence North- westerly along said curve an arc distance of 102.38 feet (101.7 feet deed) to the Point of Beginning which bears South 66 .degrees 08 minutes 54 seconds West from said radius point. All interested persons desiring to preSent their views on the' above application, either in writing or verbally, will~ be ivenan opportunjLv: to !be eard at the Above-mentioned time and place. Interested persons .may also file written comments prior to the meet- lng. The hea ring may be Conti h- ued from time to time as may be found necessary. The peti- tions and plans may be viewed at the City of Carmel Depai-tment of Community Services, 11 Civic Square, Carmel, Indiana, 46032. ' MarkT. Monroe, Attorney for` KiteGreyhound, LLC ~. Drewry Simmons .Vornehm, LLP, 8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580-,4848 (S - 6/29 - 3338970) Personally appeared before me, a notary public in and for said county and state, the undersigned Karen Mullins who, being duly sworn, says that SHE is clerk 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, ...... -(<,i~'[.iL~:f '~/~~which was duly published in said paper for 1 time(s), between the dates of: ....~i~ ",....~'~''~''': ............ '-~'~ l ~.., ~~~/2004:'~' 'd 06/29/2004 ~ ~% .... SubsCribed ~d sworn to bcforc me Notary Public · ~~,, My co~ssion expires: PUBLISHED 1 TIME = .308 PUBLISHED 2 TIMES= .462 PUBLISHED 3 TIMES= .616 PUBLISHED 4 TIMES= .770 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING OF THE HEARING OFFICER OF THE CARMEL BOARD OF ZONING APPEALS I, Mark T. Monroe, do hereby certi~ that notice of public hearing of the Hearing Officer of the Carmel Board of Zoning Appeals to consider Docket Number 04060015V was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the attached list of adjacent property owners. STATE OF INDIANA, COUNTY OF HAMILTON, SS' The undersigned, having been duly sworn, upon oath says that the above information is true and correct as he is informed and believes. Mark T. Monroe, Esq. Attorney for Kite Greyhound, LLC Subscribed and'sworn to before me this ~//~/day of ~~~/~ ,2004. _ /~/~]~lo~ary Pub'li~ · Printed Name ~ County of Residence My Commission Expires: HA/IfIL TON COUNTY A UDITOR I, ROBIN MILLS, 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. ROBIN MILLS, HAMILTON COUNTY AUDITOR DATED: esday, June 22, 2004 Page I of I HAMILTON COUNTY NOTIFICATION LIST PREPARED BY TIE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLLOWING PERSONS 16-09-24-00-00-013.001 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-014.000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-014.000 Clay Terrace Partners LLC 9777 College Ave N INDIANAPOLIS IN 46280 16-09-24-00-00-015.000 Clay Terrace Partners LLC ~)777 College Ave N NDIANAPOLIS IN 46280 16-10-19-00-00-001.004 _owes Home Centers Inc P O BOx 1111 4orth Wilksboro NC 29656 16-10-19-00-00-001.007 ;ounty of Hamilton Indiana ~3 Ninth St N Ste L-21 ~OBLESVILLE IN 46060 6-10-19-00-00-028.001 ;hurgard Storage Centers Inc 155 Valley St Ste400 ',EATTLE WA 98109 6-10-19-00-00-031.000 card Of Commissioners Of Hamilton County 3 Ninth St N Ste L-21 OBLESVILLE IN 46060 esday, June 22, 2004 Page 1 of 2 o~4 WALTERS PLAZA (IR-B) 2.:~3 WALTER ST J clayeastl_p.dgn 6/22/2004 9:08:34 AM / / / / / / / / I 028 ~. x 028 NOTICE OF PUBLIC HEARING BEFORE THE HEARING OFFICER OF THE CARMEL BOARD OF ZONING APPEALS Docket No. 04060015 V Notice is hereby given that the Hearing Officer of the Carmel Board of Zoning Appeals on the 26th day of July, 2004 at 6:15 pm in the City Hall 2nd Floor Caucus Rooms, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Developmental Standards Variance application for Kite Greyhound, LLC ("Applicant"). Applicant requests approval of a Developmental Standards Variance of Section 27.05 of the Carmel/Clay Zoning Ordinance to decrease the amount of parking spaces for restaurants to be located on the real estate from 1 space per 2.5 patron seats to 1 space per 3 patron seats. The property is located south and east of the intersection of 146th Street and Keystone Avenue in Carmel, Indiana. The application is identified as Docket No. 04060015 V. The real estate affected by said applications is described in the attached legal description. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. Interested persons may also file written comments prior to the meeting. The hearing may be continued from time to time as may be found necessary. The petitions and plans may be viewed at the City of Carmel Department of Community Services, 1 Civic Square, Carmel, Indiana, 46032. Mark T. Monroe Attorney for Kite Greyhound, LLC Drewry Simmons Vomehm, LLP 8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580-4848 LEGAL DESCRIPTION A part of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, described as follows' Beginning'at a point at the intersection of the north line of the south half of said quarter section with the eastern boundary of State Road 431, said point being North 89 degrees 15 minutes 32 seconds East 609.82 feet from the northwest comer of the south half of said quarter section; thence along said eastern boundary Northwesterly along a curve to the right with a radius of 5671.60 feet, the radius point which bears North 66 06 minutes 18 seconds East a distance of 292.04 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence North 69 degrees 03 minutes 19 seconds East 47.00 feet; thence North 90 degrees 00 minutes 00 seconds East 130.48 feet to a non-tangent curve having a radius of 270.00 feet the radius point which bears South 55 degrees 55 minutes 00 seconds East, thence Northeasterly 365.41 feet along said curve to a point which bears North 21 degrees 37 minutes 34 seconds East from said radius point; thence North 89 degrees 14 minutes 07 seconds East 192.22 feet; thence South 00 degrees 10 minutes 51 seconds West 526.33 feet to a point on a non-tangent curve having a radius of 278.87 feet, the radius point of which bears North 67 degrees 12 minutes 27 seconds West; thence Southwesterly, Westerly, and Northwesterly along said curve 630.33 feet to a point which bears South 62 degrees 17 minutes 54 seconds West from said radius point, said point lies on the aforesaid Easterly limited access right-of-way line (the next two courses are along said right-of-way); 1) thence North 24 degrees 51 minutes 15 seconds West 72.38 feet to a curve having a radius of 5671.60 feet, the radius point of which bears North 65 degrees 06 minutes 51 seconds East; 2) thence Northwesterly along said.curve an arc distance of 102.38 feet (101.7 feet deed) to the Point of Beginning which bears South 66 degrees 08 minutes 54 seconds West from said radius point. legal description - height variance Clay Terrace Partne 9777 N. College Av Indianapolis, 1N 462 i 2. Article Number ! 7160 3901 9842 7277 3330 Se~ice Type ~mpm~ ~Amm ~ 4. Restricted Delivery? (Extra Fee) I--lYes I:~,, B"' 1. Article'Addmssed to: 0 A. Received by (Please Print Clearly) D. Is delivery address If YES, enter delivery ' , · , PS Form ~1~1; ~anua~ 2~3 1~ ~" 'ii i' ! i~ i :: i' :i~ i i~ :i; i~Dom~sti~Return Receipt~ -- -- ~;w~ ILL2_ -~ ..... ill ....... I 'I I1__"11 I _- ...._ ' - YOS Lowe's Home Cent~ P.O. Box 1111 North Wilksboro, lx ................. 2.1 Article Numb~r, ' ~: "~ ' A. Received by (Please Print Clearly) B. Date of Delivery [[ C. Signature d[x F-I Ad~ O Is d~liv~ry ~ress different from item-~?' - [] Yes ~ Addresees ~ 4. Restricted Delivery?. (Extra Fee) =C! 1. Article Addressed to: I-3 . m · : - : 5 + ~ :: 1.3 ! 95.001 ad --.---'- =~.~- ..... ..: ..... ~_.~.;~'_.i~:~:~ ...,. : ~ ~, i~ - L _ Domestic Return Receipt County of Hamiltor 33 Ninth St., Ste. L. Noblesville, IN 460 ~ 7160 3901 ~42 7277 3316 3. ~ Type CERTIF!~AIL VU . ~ - ~.-~--.~? ..-t- 4. ReatrictedDelivery? (EXtFa'Fee) I-lYes =t3 1 Aracte Addressed to: [I-" ' A..Received by (Please Print Clearly) B. Date of Delivery r--i Agent F--1 Addressee D. Is delivery address different from item 17 If YES, enter delivery address below: [--1 Yes I---t No PS FOrm ~38J1 January DOmestic Return Receipt' Shurgard Storage ( 1155 Valley St., S1 Seattle, WA 9810~ 2. ArU~le Number 7160 3901 9842 0880 24214. 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra F~e~') O Yes 1. Al ;;: Agent Addressee Yes No 319~.002 ad [1re Domestic Return Receipt Board of Commiss 33 N. Ninth St. L-2 Noblesville, IN 46, 2. A.,ticle Number 7160 3901 9842 0880 2417 3. service Type CERTmFIED MAmL 4. Restricted Delivery? (Extra Fee) 121 Yes 1. ,~Article Addressed to: , '. B. Date of Delivery nature [21 Addressee D. Is delivery address different from item 17 If YES, enter delivery address below: Yes No . 23 . St. ~ 3195.002 ad Y,£te