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Joseph M.Scimia Faegre Baker Daniels LLP
Partner 600 East 96`h Street,Suite 600
Joseph.scimia @FaegreBD.com Indianapolis,Indiana 46240-3789
Direct+1 317 569 4680 Phone+1 317 569 9600
Fax+1 317 569 4800
February 17,2012
City of Carmel Board of Zoning Appeals
c/o Ms. Angie Conn
One Civic Square
Carmel, Indiana 46032
. i
Re: Docket No. 12020007 V
Meridian 131, LLC—Request for Waiver of Rules of Procedure regarding Public Notice
Dear Members of the City of Carmel Board of Zoning Appeals: •
On February 27, 2012, representatives of Meridian 131,LLC(the "Applicant")will appear before
you to request approval of a Variance of Development Standards related to the development of the
Meridian &Main multi-use development..
•
Public Notice for Docket Nos. 11120012 V and 11120013 V was done in accordance with your
Rules of Procedure for the January 24, 2012, BZA hearing, but those petitions were continued to
the February 27, 2012, hearing. Since that time, the site plan for the proposed development has
been redesigned to minimize the extent of one variance request, but resulted in the need for a third
variance.
Legal Notice for this third variance was mailed to all required parties via certified mail and was
published in the Indianapolis Star compliant with IC 36-7-4-920(b) being "at least ten(10)days
before the date set for the hearing." This, however, is not compliant with your Rules of Procedure
which require a notice period of"not less than twenty-five(25)days prior to the hearing..."
Therefore, Applicant requests a waiver of your Rules of Procedure, specifically Article VI, Section
3(a), to reduce the required twenty five(25) day notice period to ten(10) days to permit the public
hearing of Docket No. 12020007 V on February 27,2012.
In closing, on behalf of Meridian 131, LLC, we thank you for your consideration.
Sincerely,
_ I
M. Sc. is
•
BDDB01 9119361v 1
Conn, An•elina V •
From: Conn, Angelina V
Sent: Thursday, February 16, 2012 11:46 AM
To: 'David Lach'
Cc: Jamie Browning; Sherri Wilson; Hollibaugh, Mike P
Subject: RE: Meridian & Main I Lot#1
Yes, we can still look at the overall site plan for the max. 65% lot cover, but as each parcel comes in separately for adls
approval,we would need to make sure that one of those other parcels would have less than 65% lot coverage, in order
for this parcel to have more than 65% lot cover.... Make sense?
-Angie Conn, Planning Administrator
From: David Lach [mailto:dlach @cripe.biz]
Sent: Thursday, February 16, 2012 10:02 AM
To: Conn, Angelina V
Cc: Jamie Browning; Sherri Wilson
Subject: RE: Meridian & Main I Lot #1
Angie
We have checked the site based on the most current layout.There are still some sidewalk and bike parking issues to be
resolved, but we do not meet the 65% max coverage for this site. Right now, we are at 67.4%and might slightly increase
before it is all said and done.
It is important to note that this site plan provides more Open Space than the approved DPs.The DP approached the
property as an overall site, not 5 individual ones.
The coverage for this specific site in the approved DP is 75.2%.
I assume we can review this as part of the process?Or what do you recommend?
Please let me know.
Thank you.
David A. Lach, PE, LEED®AP
Client Services Director
Cripe Architects+ Engineers
3939 Priority Way South Drive, Suite 400
Indianapolis, Indiana 46240
general office line: 317,844.6777
direct line and direct fax: 317.706.6361
cell phone: 317,997.6423
email: dlach @cripe.biz
website: www,cripe,biz
From: Conn, Angelina V [mailto:Aconn @carmel,in.gov]
Sent: Tuesday, February 14, 2012 10:42 AM
To: David Lach
Subject: RE: Meridian & Main I Lot #1
1
Conn, con.elina V
From: Duncan _. e
Sent: Tuesday, December 20, 2011 8:47 AM
To: Conn, Angelina V; Boone, Rachel M.; Blanchard, Jim E; Donahue-Wold, Alexia K; Hancock,
Ramona B; Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy;
Mindham, Daren; Stewart, Lisa M; Tingley, Connie S; Mishler, Nicholas F; Maki, Sue; 'GARY
DOXTATER'; Thomas, John G; Barnes, David R; Redden, Nick
Cc: 'Kilmer, Roger A.'; 'joseph.scimia @bakerd.com'; 'Jamie Browning'; 'Terry Hebert'
Subject: RE: Docket No. Assignments: (V) Meridian & Main, Parcel 1(#11120012-13 V)
Engineering has no issues with the requested variances.
From: Conn, Angelina V
Sent: Tuesday, December 13, 2011 2:28 PM
To: Boone, Rachel M.; Blanchard, Jim E; Donahue-Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Keeling,
Adrienne M; Littlejohn, David W; Martin, Candy; Mindham, Daren; Stewart, Lisa M; Tingley, Connie S; Mishler, Nicholas F;
Duncan, Gary R; Maki, Sue; 'GARY DOXTATER'; Thomas, John G; Barnes, David R; Redden, Nick
Cc: 'Kilmer, Roger A.'; 'joseph.scimia @bakerd.com'; Jamie Browning; 'Terry Hebert'
Subject: Docket No. Assignments: (V) Meridian & Main, Parcel 1(#11120012-13 V)
I have issued the necessary Docket Numbers for(V) Meridian&Main, Parcel 1. They are the following:
(V) Meridian& Main, Parcel 1.
The applicant seeks the following development standards variance approvals:
Docket No. 11120012 V ZO Chptr. 23B.08.03.A building must have 2 occupiable floors.
Docket No. 11120013 V ZO Chptrs. 27.08&23B.12.A.1 required If parking spaces.
The site is located at 1440 W. Main St. It is zoned B-6/Business and lies in the US 31/Meridian St. Overlay Zone. Filed by
Joseph Scimia of Baker& Daniels LLP, for Meridian 131, LLC.
James 8rowing can be contacted at 317-344-7328, and Joe can be contacted at 317-569-9600.
Filing Fees:
1st Variance: $ 1,156.50
Additional Variance: $546.40
Total Fee: $ 1,702.90
Filing Dates& Deadlines. Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than DEC. 29. Published notice is required within the
Indianapolis Star. Note: in addition to certified mailings to neighbors and public notice ad,the placement of a
public hearing sign on the property is also required by the BZA Rules of Procedure,Article VI,Section 6(see
application). Make sure the public notice meeting time to the newspaper and neighbors reads 6 PM and the location
reads City Hall Council Chambers. It is suggested to send the notice to the Indianapolis Star newspaper by Noon,
two days prior to the printing deadline (317-444-7163 or email: publicnotices@iindvstar.com).
3. The Proof of Public Notice(newspaper affidavit, green cards, etc.) will need to be received by this Department no
later than noon, Friday,JAN. 20, 2012. Failure to submit Proof of Notice by this time will result in the tabling of the
petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than
NOON, Friday,JAN. 13, 2012. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition.
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Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, December 13, 2011 2:52 PM
To: Boone, Rachel M.; Hancock, Ramona B; Stewart, Lisa M; Tingley, Connie S
Cc: 'Kilmer, Roger A.'; 'joseph.scimia @bakerd.com'; 'Jamie Browning'; 'Terry Hebert'
Subject: RE: Docket No. Assignments: (V) Meridian & Main, Parcel 1(#11120012-13 V)
Please note that the filing fees have been revised to $546.40 each, since these variances were submitted in 2009 and
paid for, but were withdrawn back then.
The total fee due will now be $ 1,092.80
-Angie
From: Conn, Angelina.V
Sent: Tuesday, December 13, 2011 2:28 PM
To: Boone, Rachel M.; Blanchard, Jim E; Donahue-Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Keeling,
Adrienne M; Littlejohn, David W; Martin, Candy; Mindham, Daren; Stewart, Lisa M; Tingley, Connie S; Mishler, Nicholas F;
Duncan, Gary R; Maki, Sue; 'GARY DOXTATER'; Thomas, John G; Barnes, David R; Redden, Nick
Cc: 'Kilmer, Roger A.'; 'joseph.scimia @bakerd.com'; Jamie Browning; 'Terry Hebert'
Subject: Docket No. Assignments: (V) Meridian & Main, Parcel 1(#11120012-13 V)
I have issued the necessary Docket Numbers for(V) Meridian& Main, Parcel 1. They are the following:
(V) Meridian & Main,Parcel 1.
The applicant seeks the following development standards variance approvals:
Docket No. 11120012 V ZO Chptr. 23B.08.03.A building must have 2 occupiable floors.
Docket No. 11120013 V ZO Chptrs.27.08&23B.12.A.1 required# parking spaces.
The site is located at 1440 W. Main St. It is zoned B-6/Business and lies in the US 31/Meridian St. Overlay Zone. Filed by
Joseph Scimia of Baker& Daniels LLP,for Meridian 131, LLC.
James Browing can be contacted at 317-344-7328, and Joe can be contacted at 317-569-9600.
Filing Fees:
1st Variance: $ 1, 6.50 092 - 0
Additional Variance: $5 40 `54(0 ,1-10 NA 2
Total Fee:Filing Dates&Deadlines. Petitioner. please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than DEC.29. Published notice is required within the
Indianapolis Star. Note:in addition to certified mailings to neighbors and public notice ad,the placement of a
public hearing sign on the property is also required by the BZA Rules of Procedure,Article VI,Section 6(see
application). Make sure the public notice meeting time to the newspaper and neighbors reads 6 PM and the location
reads City Hall Council Chambers. It is suggested to send the notice to the Indianapolis Star newspaper by Noon,
two days prior to the printing deadline (317-444-7163 or email: publicnotices@indystar.com).
3. The Proof of Public Notice(newspaper affidavit, green cards, etc.) will need to be received by this Department no
later than noon, Friday,JAN. 20,2012. Failure to submit Proof of Notice by this time will result in the tabling of the
petition.
1