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Home My WebLink AboutPublic Notice P UBLIS HER'S AFF I DAVIT State of Indiana ) ) ss: Hamilton County ) Personally appeared before me, a notary public in and for said county and state, the undersigned Tim Timmons who. being duly sworn, says that he is Publisher of The Times newspaper of general circulation printed and published in the English language in the city of Noblesville m state and county afore-said, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), the date(s) of publication being as follows: 11/9/2012 ■/ Subscribed and sworn to before me this Friday, November 09, 2012. Z7/2. N 4, Public My commission expires: 05/28/2020 Jennifer Louise May Resident of Marion County Publisher's Fee: $88 20 • JENNIFER LOUISE MAY Notary Public- Seal State of Indiana 1, My Commission Expires May 28,2020 N i TL 1 182 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket Numbers 12110002 V, 12110003 V 12110004 V, 12110005 V, 12110006 V and 12110007 V NOTICE IS HEREBY GIVEN that the Carmel Board of Zoning Appeals, will conduct a meeting on the 26th day of November, 2012, at 6:00 p.m., in the Council Chambers, City Hall, One Civic Square, Carmel, Indiana 46032, to hold a Public Hearing regarding the application, identified by the Docket Numbers referenced above, regarding a request for development standards variances. The variance requests pertain to Section 23C.11.G., Section 25.07.02-9(b), Section 25.07.02-9(c), Chapter 2 —Definitions, Section 23C.09.D. and Section 23C.08.02.B. of the Zoning Ordinance and seek permission to allow (i) car stacking for a drive-thru lane to be to the side of the building, (ii) one additional wall sign for a tenant, (iii) more sign square footage for a tenant, (iv) signage with logos comprising 32% of the total sign area, (v) two buildings with reduced facade offsets along two sides of each building and (vi) a building with a greater setback than the 120' maximum (the "Variances"). The real estate made the subject of the Variances is located at 9800 Michigan Road in Carmel, Indiana including the property tax parcels identified as 17-13-07-00-00-043.000 and 17-13-07-00-00-044.000 (the "Real Estate"). The Real Estate is zoned I-1/industrial, within the US 421/Michigan Road Overlay Zone and is approximately 4 acres in size. The application is identified as Docket Numbers 12110002 V, 12110003 V 12110004 V, 12110005 V, 12110006 V and 12110007 V and copies of the request 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. Written comments filed with the Department of Community Services prior to or at the Public Hearing will be considered, and oral comments will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals APPLICANT H & H Restaurant Management Brad Walker 5201 West 86th Street Indianapolis, IN 46268 (317) 203-3030 REPRESENTATIVES FOR APPLICANT James E. Shinaver, attorney Jon C. Dobosiewicz, land use professional NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 (317) 844-0106 TL1182 11/9 1 t AFFIDAVIT OF PUBLIC NOTICE SIGN PLACEMENT I, Jon C. Dobosiewicz, Land Use Professional with the law firm of Nelson and Frankenberger, PC 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 12110002 V thru 12110007 V was placed on the subject property at least seventeen (17) days prior to the date of the public hearing scheduled for November 26, 2012. /4 ./..1,....„:_ i Jon C. Dobosiewicz STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 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 IL)4)-' day of i\}o,/ ,be , 2012. My Commission Expires: ,G1/1, ,e of Public Residing in .>C44. �sr rE UFFI!:7Ai.S[Al ~ !�?"` :*, ,ii.E"! 1 i.CLOYS "`-.'1i i!cihr Pcolic-Indiana '" �:�;�/ Hirrilton bounty My Cam:iissior Expires:Sep.18,2013 AFFIDAVIT I, Jon C. Dobosiewicz, Land Use Professional, with the law firm of Nelson & Frankenberger, PC 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 Board of Zoning Appeals Hearing Officer of the City of Carmel, Indiana, regarding Docket Numbers 12110002 V thru 12110007 V scheduled for public hearing on November 26, 2012, was mailed by certified mail, return receipt requested, to those owners of real estate as listed on Exhibit A attached hereto not less than nineteen (19) days prior to the date of the hearing. A copy of the said Notice of Public Hearing is attached hereto and incorporated herein by reference as Exhibit B. t 1 Jon C. Dobosiewicz STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) 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 14 day of November, 2012. My Commission Expires: / // , olf Yoz Ntary Public Residing in r U� I AL SEAL .1ii.ETIPU L.CLOY S .z ^ 13cvi y Public-India n a Hsmilton County ■ My Cmnziissior.Expires:Sep.18,2013 EXHIBIT NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket Numbers 12110002 V, 12110003 V 12110004 V, 12110005 V, 12110006 V and 12110007 V NOTICE IS HEREBY GIVEN that the Carmel Board of Zoning Appeals, will conduct a meeting on the 26th day of November, 2012, at 6:00 p.m., in the Council Chambers, City Hall, One Civic Square, Carmel, Indiana 46032, to hold a Public Hearing regarding the application, identified by the Docket Numbers referenced above, regarding a request for development standards variances. The variance requests pertain to Section 23C.11.G., Section 25.07.02-9(b), Section 25.07.02-9(c), Chapter 2 — Definitions, Section 23C.09.D. and Section 23C.08.02.B. of the Zoning Ordinance and seek permission to allow (i) car stacking for a drive-thru lane to be to the side of the building, (ii) one additional wall sign for a tenant, (iii) more sign square footage for a tenant, (iv) signage with logos comprising 32% of the total sign area, (v) two buildings with reduced facade offsets along two sides of each building and (vi) a building with a greater setback than the 120' maximum (the "Variances"). The real estate made the subject of the Variances is located at 9800 Michigan Road in Carmel, Indiana including the property tax parcels identified as 17-13-07-00-00-043.000 and 17- 13-07-00-00-044.000 (the "Real Estate"). The Real Estate is zoned 1-1/industrial, within the US 421/Michigan Road Overlay Zone and is approximately 4 acres in size. The application is identified as Docket Numbers 12110002 V, 12110003 V 12110004 V, 12110005 V, 12110006 V and 12110007 V and copies of the request 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. Written comments filed with the Department of Community Services prior to or at the Public Hearing will be considered, and oral comments will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Connie Tingley, Secretary, City of Carmel Board of Zoning Appeals APPLICANT H & H Restaurant Management Brad Walker 5201 West 86th Street Indianapolis, IN 46268 (317) 203-3030 REPRESENTATIVES FOR APPLICANT James E. Shinaver, attorney Jon C. Dobosiewicz, land use professional NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 (317) 844-0106 EXHIBIT 1. A F_ : . Heartland Oil LLC C & C Realty V 1,1_A-. Michigan Road Realty Partners 5201 86th St. W 9834 Michigan Rd N LLC Indianapolis, IN 46268 Carmel, IN 46032 9834 Michigan Rd N Carmel, IN 46032 Armstrong, G. William Trustee of Bartlett Realty Company Inc Bill Estes Realty LLC Armstrong Family Charitable 460 Summer St 4105 96th St W 10654 Sunset Point Ln Stamford, CT 6901 Indianapolis, IN 46268 Fishers, IN 46037 Chief Financial Services HC Carmel LLC 11589 Westbury P1 120 Market St. E Ste 710 Carmel, IN 46032 Indianapolis, IN 46204 HAMILTON COUNTY AUDITOR I, DAWN COVERDALE,AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS LABELED AS NEIGHBOR'S ARE THE PROPERTY OWNERS THAT ADJOIN AND ABUT 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 DAWN COVERDALE, HAMILTON COUNTY AUDITOR DATED /1 k'v / 19‘13 SUBJECT PROPERTY: 17-13-07-00-00-043.000 Subject Heartland Oil LLC 5201 86th St W Indianapolis IN 46268 17-13-07-00-00-044.000 Subject Heartland Oil LLC 5201 86th St W Indianapolis IN 46268 Pursuant to the provisions of Indiana Code 5-14-3-3-(e),no person other than those authorized by the County may reproduce,grant access,deliver,or sell any information obtained from any department or office of the County to any other person,partnership,or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list,addresses,or databases for the purpose of selling,advertising,or soliciting the purchase of merchandise,goods,services,or to sell,loan, give away,or otherwise deliver the information obtained by the request to any other person 10/16/2012 Page 1 of 1 HAMILTON COUNTY NOTIFICATION LIST PLEASE NOTIFY THE FOLLOWING PERSONS 17-13-07-00-00-042.000 Neighbor C&C Realty Co LLC 9834 Michigan Rd N Carmel IN 46032 17-13-07-00-00-042.004 Neighbor Michigan Road Realty Partners LLC 9834 Michigan Rd N Carmel IN 46032 17-13-07-00-00-046.000 Neighbor Bartlett Realty Company Inc 460 Summer St Stamford CT 06901 17-13-07-00-00-056.002 Neighbor Bill Estes Realty LLC 4105 96th St W Indianapolis IN 46268 17-13-07-04-01-004.000 Neighbor Armstrong, G William Trustee of Armstrong Family Charitable Trust 10654 Sunset Point Ln Fishers IN 46037 7802 17-13-07-04-02-001.000 Neighbor Chief Financial Services 11589 Westbury PI Carmel IN 46032 17-13-07-04-02-027.000 Neighbor HC Carmel LLC 120 Market St E Ste 710 Indianapolis IN 46204 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE,DIVISION OF TAX MAPPING 10/16/2012 Page 1 of 1 NELSON & FRANKENBERGER 4 A PROFESSIONAL A ATTORNEYS CORPORATION A 06)��f� JAMES J NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B MERRILL, CHARLES D FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E.SHINAVER LAWRENCE J KEMPER PHONE. 317-844-0106 JOHN B FLATT FACSIMILE: 317-846-8782 JON C DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional November 20, 2012 Alexia Donahue-Wold Carmel Department of Community Services One Civic Square Carmel, IN 46032 RE: Proof of Mailing and Publication for 9800 North Michigan Road Docket No. Numbers 12110002 V thru 12110007 V Board of Zoning Appeals scheduled for November 26, 2012 Dear Alexia: Enclosed you will find the following: 1. Publisher's Affidavit; 2. Affidavit of Notice of Mailing regarding 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 posting of notice sign Please call should you have any questions. Very truly yours, NELSON & FRANKENBERGER, P.C. Jon C. Dobosiewicz enclosures