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HomeMy WebLinkAboutApplicationCITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each additional section of the ordinance being varied. All Other $950.00, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. 05070025V DATE RECEIVED' 1) Applicant: Ralph Akard Construction, Inc. Address' 4429 Blue Creek Drive, Carmel, IN 46033 2) Project Name: Lot 25 Swim Pool/Woods at Williams Creek Phone: 848-5709 Engineer/Architect: Weihe Enqineers, Inc. Phone: 846-6611 Attorney: Phone: 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property .(b) The applicant is the contract purchaser of the property (c) Other: Contractor 4) If Item 3 (c) I checked, please complete the following: Owner of the property involved: Stephen G. & Sherri A. Faulkner Owner's address: 14064 Salsbury Creek Dr., Carmel, IN Phone: 5) Record of Ownership: Deed Book No./Instrument No. Instrument number 200467040 Page' Purchase date: (Deed Date) 9~27~04 6) Common address of the property involved: 14064 Salsbury Creek Dr., Carmel, IN Legal description' Lot 25 Woods at Williams Creek subdivision 7) Tax Map Parcel No.' 17-09-22-00-15-025.000 State explanation of requested Development Standards Variance: (State what you want te" do-and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). ~ Construct swimminq pool deck within drainaqe and utility easement .,. ,~--"T~J. (ZO Chapter 25.01.01, B.3.b{i)(b) - Pool located in easement) 8) 9) ~0) 12) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Pool deck within easement would not interfere with surface drainaqe and/or utilities. Quality of home and pool construction warrants usable buildinq space of said lot to maximum. Present zoning of the property (give exact classification): 5-1 Size of lot/parcel in question: 0.52 acres Present use of the property: Single-family residence under construction Describe the proposed use of the property: same 13) 14) Is the property: Owner occupied X Renter occupied: Other: Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. No 15) 16) 17) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: If proposed appeal is granted, when will the work commence? Upon Approval If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Property Owner NOTE: LEGAL NQTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL- RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public haring date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-ive (25) day notice should kept for verification that the notice was completed). / / / / / / / / / ? / / ,0~: o AFFIDAVIT I, being duly sworn depose and say that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of~my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with [~e~gar~ to thi,~a~lic~i~n and subsequent hearings and testimony. Signed: (Property Owner, Attorney, or Power of Attorney) (Please Print) STATE OF INDIANA SS' (County in which notarization take place) ,~N0tary Public's county of residence) (~ro~ bwner, A~orney, 0r ~ower of Attorney) instrument this Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing , .. dT.:~' , , ~.~ .. ) ,>. " ,/.,~_...x. A -b:....~' ~,_.,,:..¢..;.,._.:.,~, / Nota~ Public--Signature /-- /' (SEAL) Notary Public--Please My commission expires: /d~-/- ~2 0 ~ ~o- BZA Appeal Application - pg 4 Lot 25 house trader construction - photo taken across Salsbury Creek Drive looking west - 9/13/05. Rear of house - cleared area indicates location of proposed pool and deck - 9/13/05 Photo taken from adjoining Lot 26 looking north. Pool and deCk would sit along top rim of slope. Photo taken from east comer of Lot 25 looking west along south property line of said lOt~: Pool would sit in cleared area at rear of house. PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY BOARD OF ZONING APPEALS I (WE) RALPH AKARD CONSTRUCTION DO HEREBY CERTIFY THAT A LEGAL (Petitioner's Name) NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING DOCKET NUMBER 05070025V , WAS GIVEN AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED ADJOINING AND ABUTTING PROPERTY OWNERS: OWNER ADDRESS SEE ATTACHED LISTING STATE OF INDIANA SS: in s tr co t to the best of my knowledge The undersigned, swear that the above information is ~~ ~~) and belief. Signature of Petitioner County o ~[7?~., Before me the undersigned, a Notary Public (County in which authorization takes place) for (--~,/""'"~,;.,~ .~:~' County, State of Indiana, personally appeared (Notary/P~-J~)lic's County of residence) ~_ ~'.~ ~_M~.Z~"~FC.~.~ and acknowledge the execution of the foregoing instrument this (Pr0pert)/Owner, Attorney, or Power of Attorney) /~- day of ~?~.) z:; ~n.~-.,,-~-~z_..} , 200 "' Notary Public-~ignatu~'e (SEAL) ,/~,, c / ~:' /'~ Notary Pu~blic- F~ease Print My commission expires: /O-/- ,~ 0(2 ~ BZA Appeal Application - pg 6 NON-ENFORCEMENT OF DIL NAGE EASEMENT IN SUBDIVISIONS STATE OF INDIANA ) ) COUNTY OF HAMILTON ) At the request of Ralph Akard Construction, Inc. BEFORE THE HAMILTON COUNTY DRAINAGE BOARD The Hamilton County Drainage Board considered the extent of the drainage easement on the Woods at Williams Creek Drain in the Woods at Williams Creek' Subdivision. Upon the agreement in writing by the recorded owner(s) of land involved that such owner(s) agree and covenants that neither the Hamilton County Drainage Board nor any Contractor nor Workman operating under the authority of said Board will be held liable for any damages resulting from construction, reconstruction, or maintenance of the above named drain at said location, whether to the real estate or improvements thereon the Board agreed: 1. That it will not enforce the easement beyond those shown on the Subdivision plat recorded in Plat Cabinet Slide in the Hamilton County Recorders Oj~ce. 2. It will not object to the improvement of said real estate beyond such distance, and 3. Other Conditions: Property owner agrees to remove deck in event legal drain storm pipe needs repair and/or replacement ~I.G~: '~~~/~~~L~/ Ralph Akard Stephen Faulkner APPLICANT PRINTED NAME PRINTED NAME (Owner of Land ) * * *FOR BOARD USE ONL Y* * * AGREEMENT WILL BECOME EFFECTIVE UPON RECORDING. SIGNED THIS DAY OF 20 . BY THE HAMILTON COUNTY DRAINAGE BOARD. PRESIDENT OF DRAINAGE BOARD MEMBER OF DRAINAGE BOARD MEMBER OF DRAINAGE BOARD Ill I II II Prepared by the Hamilton County Drainage Board Ii Ii IIII IIII II i I Revised January 2000 , Adobe PDF Fillable Form [ NON-ENFORCEMENT INFORMATION Hamilton County Surveyor's Office One Hamilton County Square, Suite 188 Noblesville, IN 46060 317-776-8495 fax: 317-776-9628 Name of Drain: Woods at Williams Creek Project Name: Lot 25 Woods at Williams Creek Parcel Number: 17-09-22-00-15-025.00 Township: Clay Applicant's Name: Ralph Akard Construction, Inc. Property Owner: Stephen & Sherri Faulkner Ad&ess: 4429 Blue Creek Drive Property Ad&ess: 14064 Salsburv Creek Dr. Carmel, IN 46033-4170 Carmel, IN Phone: (317) 846-3656 Phone: .( ) unk Fax: (317) 848-5709 Fax: ( ) Contact Name: Ralph Akard Address: 4429 Blue Creek Drive, Carmel, IN Contractor-Installer: Ralph AkardConstruction, Inc Ad&ess' 4429 Blue Creek Drive, Carmel, IN Phone: (317) 846-3656 Phone: ( ) Fax: (317) 848-5709 Fax: ( ) Purpose of Non-enforcement: to allow pool deck to encroach into easement Reduced to: N/A feet on side of Drain. If Utility, how many feet is line paralleling &aim N/A Plan Project / Job Number: Weihe # W05-0699 Project Location: Woods at Williams Creek Subdivision, Clay Township, Carmel, IN Engineering Firm: Weihe Engineers, Inc. Ad&ess' 10505 N. College Avenue, Indianapolis, IN 46280 Phone: (317) 846-6611 Fax: (317) 843-0546 **For Office Use Only** Permit # Project # Check # CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No: 05070025V Petitioner: Ralph Akard Construction. FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Pool & deck will be constructed per building code and designed to enhance existing neighborhood counterparts. All safety features required by City of Carmel to be put in place. . The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: Pool & deck will be built using quality materials providin_~ distinguishing attributes for improvement of tract and adjoining lot owners. . The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Lot size and existing house footprint limits remaining square footage for desired pool & deck area without encroachment into 15' drainage and utility easement surrounding lot. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 05070025V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of ,20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 141st Street----'"- WOODS AT WILLIAMS CREEK SUBDIVISION LOCATION ~ 136th Streel Il r'l DULY ENTERED FOR TAXATION Subject to final acceptance for transfer .2 9' day of 7'~rcel #17-oq- Parcel No. WarranO~ Deed /7- o ~ 2 ~ '~ ~ " / ~'- o.; ~',~z~ This Indenture Witnesseth, that Williams Creek Woods, LLC ("Grantor"), an Indiana limited liability company organized under the laws of the State of Indiana CONVEYS AND WARRANTS to Stephen G. Fauikner and Sherri A. Faulkner~ husband and wife of Hamilton County, in the State of Indiana, for the sum of One and no/100 Dollars ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, in the State of Indiana: Lot Number 25 in Replat of The Woods at Williams Creek, a subdivision in Hamilton County, Indiana, as per replat thereof, recorded October 29, 2002 as Instrument No. 200200081175 in the Office of the Recorder of Hamilton County, Indiana. Subject to taxes for 2004, duc and payable in May and November 2005, and subject to taxes payable thcrcaft~. Subject to covenants, agreements, easements, restrictions and rights of way of record. Subject to a mortgage to Monroe Bank and recorded March 9, 2004, as Instrument No. 200400015364, which shall be paid in full from the proceeds of sale and/or released. Property Address: 14064 Salsbu~ Creek Drive, Carmel, IN 46032 The undersigned person executing this deed on behalf of Grantor represent and certify that he is a member, manager or authorized representative of Grantor and has been fully empowered, by the operating agreement of Grantor, to execute and deliver this deed; that Grantor has full capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. Whereof, Grantor has caused this deed to be executed this ~ day of/~~~ ., Wimess 2004. Member STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeare~, the Member of Williams Creek Woods, L. LC, who acknowledged the execution of the foregoing Deed for and on behalf of said Grantor, and who, having been duly swom, stittej~_t~[~e lepresentations therein contained are true. Wimess my hand and Notarial Seal thisot°~ay o¢~~/-~ ,2004. Printed: My County Of Residence Is: c HTS# 2042748 This instrument prepared by David L. Walsh, Attorney at Law, 865 W. Carmel Dr/ve, #1 I0, Carmel, Indiana 46032~ Please send tax statements: ~"~~: , ~:~/.t/O-~O~le /(~0~ ..... Northeast corner of the Southeast Quarter of____ Section 22, Township 18 North, Range ,.5 Eos' ~ Section 22, Township 18 Nodh, Range 5 East S 89'56'$6" W Southeast Quarter of S 89°36'36'' W 1_ 318.02' Ul-: ,T $ TR EET b N 89'56'36" E 4.09.03' '~-~ ~ ~Z' Non-A¢ccs~ Easement D IVE ~ x 30' Drainage + Utility E~sement ~ ~ ack Line ~ 3~. ~ 19751 S.F. o' (0.45 Ac -t-) /.0 ~ · \ Utility 112_. 67' Easement E 250.68' [15' Dr;mn~g¢ _+ U_tJl~ity. _Ems¢___mcnt__~_~ 1 79.4-~"--'~'--~< ~ N 89'52'30" W ~'~1~7 Drainage + utility [ase ;ck "B" Pond Easement u 9o 1 20 47'59'59" W 20.08'%, W 26 22517 S.F. (0.51 Ac.±) 180.00' e < 0 JGS.pO' (172 R,W,) I ! I I Z L~ ~3 o z ~°5ALSBURY CREEK ~ 07 N 00'27'30" E 44.'-26,----~ ~ S 00'23'24" E -I ~ ~ m / g5.O0' ¢1/2 R.W.) Section 22, Township 18 Nodh, Range ;5 East N 00'27'30" E (assumed bearing) 2639.00' , N SPRINGMILL P~ m IIm#kll m. m m m m m -wwmlml, m m.m m m mm- ,a~,m.m m m mmmmmml m m~mmlm m m ._-', ,.t ........ · ,, £W WU81~ :88 S~E~T, BT 'Tnf 'ON 3N I NO ! J. OR~L~NOOCI~U>ftl Hd'r~: WO~_d · k: '" FRrlM : R~PH P~<~RI)CONSTRUCT ! ON ,~ .. . . Corm, Angelina V From: Sent: To: Cc: Subject: Conn, Angelina V Monday, August 15, 2005 6:11 PM Tingley, Connie S; Wold, Alexia K Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W UPDATED: Docket No. Assignment: (V) Woods at Williams Creek, lot 25 (#05070025 V) Please note the updated meeting dates and deadlines for September, highlighted below, within the e-mail. Alexia, I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Woods at Williams Creek, lot 25. It will be the following: Docket No. 05070025 V $128.75 Total Fee: $128.75 Woods at Williams Creek, lot 25 The applicant seeks the following development standards variance: Docket No. 05070025 V ZO Chapter 25.01.01.B.3.b(i)(b) pool located in easement The site is located near the southwest comer of Springmill Rd. and 141st St. and is zoned S-l/Residence-Estate. Filed by Stephen & Sherri Faulkner. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, September 16, 2005. Published notice is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:30 p.m. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, September 23, 2005. 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, September 16~2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, September 26, 2005 agenda of the BZA. 5. This Item will appear on the September 26, 2005 agenda of the Board of Zoning Appeals HEARING OFFICER under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Mr. Faulkner can be contacted at 340-7722 or fax: 284-5471. Petitioner: please complete the followin¢[: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 p.m. It is suggested to send the notice to the IndyStar by Noon on Wednesday, to allow for the Friday printing. 2.) Provide a site plan showing the building and pool location, along with the easements and the 10-ft side yard setback line. 3.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's Office. 4.) Provide a notarized Affidavit, page 4 of the application. 5.) Provide the notarized Affidavit of Public Notice, found in the application. 6.) Provide a filled out Findings of Fact sheet, found in application. 7.) Contact the Engineering Dept at 571-2441, regarding the "Consent to Encroach" agreement, to be able to have the pool located within the easement. 8.) If this variance is approved, a building permit will need to be acquired from the Building & Code Enforcement Dept. Conn, Angelina V To: Cc: Subject: Wold, Alexia K Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Tingley, Connie S Docket No. Assignment: (V) Woods at Williams Creek, lot 25 (#05070025 V) Alexia, I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Woods at Williams Creek, lot 25. It will be the following: Docket No. 05070025 V $128.75 Total Fee: $128.75 Woods at Williams Creek, lot 25 The applicant seeks the following development standards variance: Docket No. 05070025 V ZO Chapter 25.01.01.B.3.b(i)(b) pool located in easement The site is located near the southwest comer of Springrnill Rd. and 141st St. and is zoned S-I/Residence-Estate. Filed by Stephen & Sherri Faulkner. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, August 12, 2005. Published notice is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:30 p.m. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, August 19, 2005. 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, August 12, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, September 26, 2005 agenda of the BZA. 5. This Item will appear on the August 22, 2005 agenda of the Board of Zoning Appeals HEARING OFFICER under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Mr. Faulkner can be contacted at 340-7722 or fax: 284-5471. Petitioner: please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 p.m. It is suggested to send the notice to the IndyStar by Noon on Wednesday, to allow for the Friday printing. 2.) Provide a site plan showing the building and pool location, along with the easements and the 10-ft side yard setback line. 3.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's Office. 4.) Provide a notarized Affidavit, page 4 of the application. 5.) Provide the notarized Affidavit of Public Notice, found in the application. 6.) Provide a filled out Findings of Fact sheet, found in application. 7.) Contact the Engineering Dept at 571-2441, regarding the "Consent to Encroach" agreement, to be able to have the pool located within the easement. 8.) If this variance is approved, a building permit will need to be acquired from the Building & Code Enforcement Dept. Thank you, Angie JUL-12--2005 TUE 11:05 atl CaRl~rl. O01~t~UNITY gVO$ FaX NO, 217 57I 2426 ~ILT~_COUN~I~D~A ?, 03 APPL~_ATION FOR_B. OARD OF Z_ONING APPm_~£~S_AOTION FEE: t~lngle Family (primary Residence) ,~57.,~ for the fimt variance, prus $??,A5 for each ~i~unal se~on of ~ o~in~ b~in~ ~~. ~1 ~r ~978.~ ~r me ~t ~r~nm, plus ~3,50 for ~ addl~anal se~ of the ordl~~ ~ing ~ri~. OR ~ Hearing ~r F~ OOC~ NO. 0~ ~_~ ~,~- ~ ..... DATE RECEIVED: ..... '~- Z ~ '0 ~ ..... ,,u ~ ...... , ............ Applicant; ., ...... .... Enghe~t~i~ ................ ........ ,, P~ne: ........... ~._ -- ~., ,, . ,, 3) Applica,, nt's Status: (Check the appropriate responae) (a) The applicant's name is on the deed to the property ~ (b) The applicant is the contract purd~aser of the ~operty 4) (c) Other: ........ ,,, , ,....__~ If Item 3) (¢) is checked, please complete tfle forlowing' Owner of the property Involved: Owneds edclre~8; .... ... Record of Ownership: Phone: ..... ~) 1) Deed Book No,/ln~a-u ment No, State explanation of requested Development Standards Variance: (State what you want m do and ~ite the section number(s) of the CanneFC[ay Zoning Ordinance that: applies and/or creates the need for thl~ request), .......... ' -',., .... - ' = ................. ,' - x ....... JUL-I;?2005 TUJE ! ] :05 RFI O tR] O0 UN]TY SVOS NO, :317 57t 2426 P, 04 State masons supporting the Development Standards Variance: (Additionally, complete the attached ques~n ;heat envied "Findings of Fact-Development Standards Vadanoe"), lo) Present zofling of the property (give exaot classification): O~ze of lot/parcel in question:__ .. , ...<'.z. Present use ortho property:, ___=_..__..~'$/,~ ,j~ ......... Des~be the proposed use of the property:. 14) Is the property. Owner o~upiecl Renter oecuple~ _. . Are tl~ere any restri~ons, laws, covenants, varianues, special ueea, or appeals fllecl in connection wi~ this property that would relate or affect its use for the apeoifiC purpose of ~is application? If yes, give date and docket number, decision rendered and pertinent explanation, .......... - '"-- --' Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: 11,, ,. ~... .... . ......... ~ , · _ Builder: _. If proposed appeal is granted, when wr'll the work comme~¢e? .... =.,_.-:-__ _._ -----.~_~ ,, 17) If the proposed variance is granted, who will operate and/or use tlqe proposed Improvement far which this application has been filed? u " '1" ......... ' · ....... I 11 ,, "'- '" ' ' ..... LEGAL NOTICE shall I:m published in fie bdiana .oolisStar a MANDATORY twenty,five (25)days pricer to the pubric hearing date. T'ne certified "Proof of Publication" affidavlt for the--~ewspaper must be available for Inspection the night of the h~dng. LEGAL NOTICE to all adjoining and abuttfng property owners Js also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN REC;EIPT REQUESTED sent to adjoining property owners. (The white receipt · hould be st:ampad by the Post Office at least twenty-five (25) days prior to the public Iqearing date.) 2) HAND DE[LIVERED to adjoining and abutting property owners (A reeelpt signed by the adjoining and al~uttlng property owner ac~newleclging the twenty-five (25) day notice should be kept for verification that the notice was completed) JUL-12-2006 TUE 11:05 ~H O/tR]"r'' OOMHUNITY SVOS NO, 317 5v~ 2426 P. 05 REALI2~.,., THE BURDEN OF PROOF FOR ALL NOTICES I$ THE RESPONSIBILITY OF THE APPLICANT. AOAtN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE {25) DAYS PRIOR TO PUBLIO HEARING DATE, The applicant undamtands that do~el; num~.~;;;.Wll../n~ be ass_~r:tecl until ail eut~o_r:tkl(:l Irlfon11~_'_mnhas been subrn~_the De~amnent of_Community 8ervi..c~_~ _ The applicant certifle~ by eigning this applioalJ~ that he/she has been advised ttlat all representations of the Department of C~mmunlty Serviee~ are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the regal advic~ of hla/ller attorney. I, .................... , Auditor of Hamilton County, Indiana, certify'~at the attached (Please Print) affidavit Is a tn JO and complete Ilatl~lg of the adjoining and adjacent property owners of the property described herewilfl. OWNER AuditO~'"of Hamilton County, Incliana-~:~gnature Date ....... JUL-12-2006 TUE 11:05 :q]10hRM~ OOMMUNITY SVO$ FAX NO. :317 57t 2428 P, 06 AFFIDAVIT ___ I, heraby swear that I am the owner/contract pumhaser of property inv~lj¢~ In this application and mat the foregoing aigna~res, statement~ and artsw~m herein contained and tl~e Informatipr~.j~arewlth submitted are in all respects true and con'eu'.t to the best of my knowledge and belief. I, the undersigned, auj[~ ~ the applicant to act on my l:~half with regard t° this appilcati°n a~ subgequent Mearings arid testim°nY' ~~.., 2...,/~..~_' j · si.,~:_~ _/.?-. _~ :_,. ~,~--,-,~~,~_.~.. ......... _ ...... Zroperty Owfler, Attoraey, er Power of Attumey) Date STATE OF INDIANA County of (¢o~DtY iH Wh~ 'notarizefjon'take~ ptmce) t!l~fore me the undersigned, a Notary Public '(Notary Public's county o'f"~'eai~ence) County, state of [ndiana, personally appeared ...... _ .... and ac, knowle~lge the execution of the foregoing inatrument this (Prope~, Owner,'Attome~ or Power of'~ttomey) .......... day of ._, _ ....... : ..... ~ 20,__~ (SEAL) Not~ public--Signatura Nota'~y'Pul~iic--PleaSe Print - My commission expires: ... __