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Keeling, Adrienne M
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David O'Malia [LEGDTO@marsh.net]
Monday, October 04,20044:12 PM
Keeling, Adrienne M
info@carmelchamber.com
Temporary use draft
Adrienne: Thank you for providing the revised draft of the temporary us~ ordinance to Mo
Merhoff and for .the efforts of your department, John Molitor and the subcornmi ttee in
attempting to address the concerns of long time merchants in the area.
Generally, I am satisfied with the direction that the ordinance is taking. Obviously, it
would be my preference that operator~ such as the Joe O'Malia Food Market have the ability
to co~tinue conducting outdoor sales as they have for t~e last twenty plus years. Having
said that, we understand the department's and council's concerns and appreciate the
efforts to date.
A couple of issues/clarifi6ations/suggestions.regarding the .revised draft:
1. Section 3.07 Definition of Use. Temporary: insert "be" between "not" and "limited" in
the thi;d (3rd) line.
2. Section 25.20 Outdoor storage: I am assuming that a chain link fence' with a "filter"
screen is acceptable. We have one like this at Brookshire Village Shoppes and received
approval for it years ago. I am not sure what this type of screening is called and I was
not sure about the meaning of "chain link variation" in section 25.20.4 and how it might
apply to this type of screening.
3. Section 25.23.03E: I suggest that you make "space" plural (i.e., "a parking space or
spaces")' as m~st of these types of sales take up more than one (1) space.
4. Section 25.23.04A: This should be subject to section 25.23.03E as to parking (i.e.,
taking up one or more parking spaces would be "interfering" with the parking) .
5. Section 25.23.04: As a .clarification, should this requirement refer specifically to th~
,safe operation of a vehicle in the lot, i.e.:
"Does not create a visibility obstruction so as to impair the safe operation of moving
vehicles or pose a threat to pedestrians within the parking lot."
Obviously, a tent stuck in the middle of a parking lot will obstruct visibility, but that
does not necessarily mean that it is a threat to safety as I may not be able to see a
vehicle running parallel to mine in an adjacent drive, b~t it is not a threat to me.
6. Section 25.23.08: I am presuming that any extension of the thirty (30) day term by the
Plan Commission under Section 25.23.Q6 would carryover as part of the ADLS approval each
year as well. In other words, if the Plan Commission approved the use of the flower tent
for sixty ('60) days next year, then we would not need to ~eapply for sixty (60) days the
year after that. Rather, such extension would be "consistent" with the ADLS approval going
forward. ~If we wanted to e~tend it to ninety (90) days, then we would have' to apply for
revised ADLS approval to take that into account. If this is what is intended, fine. If not
or there is the potential for confusion, then we would request that this section
spe'cifically refer to the inclusion of any extension as permanent basis as part of the
ADLS appr'oval.
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Babbitt, Pamela A
Subject:
Butler, Angelina V
Thursday, July 22,2004 2:18 PM
Babbitt, Pamela A
Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C;
Pohlman, Jesse M
Docket No. Assignment:(OA) Amendment, Temporary Use Regulations Ordinance (04070029
OA)
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To:
Cc:
Pam,
Please print and fax this e-mail to the petitioner identified below and update the files. I have issued the necessary
Docket Number for (OA) Amendment, Temporary Use Regulations Ordinance. It will be the following:
Total Fee:
$0.00 (exempt)
$0.00
Docket No. 04070029 OA
Docket Nos. 04070029 OA: Amendment, Temporary Use Regulations Ordinance
The applicant seeks to amend Chapters 3, 25, 25.07 and Appendix A of the Carmel/Clay Zoning Ordinance.
Filed by the Carmel Department of Community Services.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than Friday, August 6. Published notice is required
within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than Noon, Friday, August 13. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
4. The Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than NOON, Friday, August 6. Failure to submit Informational Packets by this time will result in the tabling of the
petition to the Tuesday, September 21, agenda of the Plan Commission.
5. The Item will appear on the August 17,2004 agenda of the Plan Commission under (Public Hearings).
6. The Item will also appear on the Tuesday, Sept. 7 agenda of the Plan Commission Special Studies Committee.
Please contact Jon Dobosiewicz at 571-2417 (Fax:571-2426) with this information. Once the file is updated (copy of
fax filed) please return it to Jon's office.
Thank you,
Angie
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