Notice is hereby given that I have, as the owner (or with the owners consent) of the property commonly described as the address of 4285 S. Main St., and 4002 S. 700 E., Whitestown, IN 46075 (approximate addresses), and legally described by the attached legal description, have filed a petition before the Whitestown Board of Zoning Appeals, which petition requests a Variance for the said property in order to: allow fifty-four foot lot widths, 6,750 square foot lot areas, seven foot side yard setbacks, and no bufferyard between like uses, in order to allow for the development of the site as a residential neighborhood. This petition, File # BZA18-001-VA, will come for hearing at 6:30pm in the Whitestown Municipal Complex, 6210 Veterans Dr., Whitestown, IN 46075, on July 19, 2018. In accordance with the Americans With Disabilities Act, if anyone wishes to attend the public hearing on the above referenced matter and is in need of reasonable accommodation in order to hear, present evidence, or participate in the proceedings at the public hearing on this matter, please contact the Town Planner so accommodation can be made. The petition and file on this matter is available for examination by contacting the Town Planner at (317) 732-4535 or email at planning@whitestown.in.gov. Comments regarding this petition may be submitted at any time. Information to be considered in the Staff Report and distributed to the BZA members in advance of the meeting must be received seven (7) days prior to the hearing and must be sent to planning@whitestown.in.gov or Whitestown BZA, Whitestown Municipal Complex, 6210 Veterans Dr., Whitestown, IN 46075. Petitioner: M/I Homes of Indiana, L.P. by Steven D. Hardin, Esq. Faegre Baker Daniels LLP, 600 E. 96th Street, Suite 600, Indianapolis, IN 46240. 317-569-9600. LEGAL DESCRIPTION THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 2 EAST, OF THE SECOND PRINCIPAL MERIDIAN, CONTAINING 80 ACRES, MORE OR LESS, IN BOONE COUNTY, INDIANA. ALSO: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 2 EAST, WORTH TOWNSHIP, BOONE COUNTY, INDIANA, MORE FULLY DESCRIBED BY: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE WITHIN THE RIGHT OF WAY OF COUNTY ROAD 700 EAST AND THE SECTION LINE, SOUTH 00 DEGREES 31 MINUTES 00 SECONDS WEST 660.95 FEET; THENCE ALONG THE NORTH DESCRIBED LINE OF THE WENDELL B. HULL AND MAY W. HULL PROPERTY RECORDED IN DEED RECORD 225, PAGE 8, BOONE COUNTY RECORDER'S OFFICE AND THE QUARTER QUARTER QUARTER SECTION LINE, SOUTH 88 DEGREES 37 MINUTES 00 SECONDS WEST 1329.18 FEET; THENCE ALONG THE EAST DESCRIBED LINE OF THE ROBERT L. GILES PROPERTY RECORDED IN DEED RECORD 230, PAGE 405-406 AND THE QUARTER QUARTER SECTION LINE, NORTH 00 DEGREES 09 MINUTES 51 SECONDS EAST 658.25 FEET; THENCE ALONG THE SOUTH RIGHT OF WAY LINE FOR COUNTY ROAD 400 SOUTH AND THE SECTION LINE, NORTH 88 DEGREES 30 MINUTES 22 SECONDS EAST 1333.33 FEET TO THE POINT OF BEGINNING, CONTAINING 20.1484 ACRES, MORE OR LESS. EXCEPT (1): A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 2 EAST, BOONE COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT-OF-WAY LINES DEPICTED ON THE ATTACHED RIGHT-OF-WAY PARCEL PLAT, MARKED EXHIBIT B, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION, SAID NORTHWEST CORNER BEING DESIGNATED AS POINT 320 ON SAID PLAT; THENCE NORTH 88 DEGREES 03 MINUTES 40 SECONDS EAST 1,333.30 FEET ALONG THE NORTH LINE OF SAID SECTION TO THE NORTHEAST CORNER OF SAID HALF-QUARTER SECTION; THENCE SOUTH 0 DEGREES 16 MINUTES 58 SECONDS EAST 83.42 FEET ALONG THE EAST LINE OF SAID HALF-QUARTER SECTION; THENCE SOUTH 88 DEGREES 03 MINUTES 40 SECONDS WEST 1,332.83 FEET TO THE WEST LINE OF SAID QUARTER SECTION; NORTH 0 DEGREES 36 MINUTES 13 SECONDS WEST 83.41 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING AND CONTAINING 2.552 ACRES, MORE OR LESS, INCLUSIVE OF THE PRESENTLY EXISTING RIGHT-OF-WAY WHICH CONTAINS 0.021 ACRES, MORE OR LESS. ALSO EXCEPT (2): A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 2 EAST, BOONE COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT-OF-WAY LINES DEPICTED ON THE ATTACHED RIGHT-OF-WAY PARCEL PLAT, MARKED EXHIBIT B, DESCRIBED AS FOLLOWS: BEGINNING AT POINT 622 DESIGNATED ON SAID PLAT ON THE NORTH LINE OF SAID SECTION SOUTH 88 DEGREES 03 MINUTES 40 SECONDS WEST 495.80 FEET FROM THE NORTHEAST CORNER OF SAID SECTION, SAID NORTHEAST CORNER BEING DESIGNATED AS POINT 323 ON SAID PLAT; THENCE SOUTHWESTERLY 386.18 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 880.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 75 DEGREES 29 MINUTES 21 SECONDS WEST AND A LENGTH OF 383.09 FEET TO POINT 621 DESIGNATED ON SAID PLAT; THENCE SOUTH 88 DEGREES 03 MINUTES 40 SECONDS WEST 466.01 FEET TO THE WEST LINE OF SAID QUARTER-QUARTER SECTION; THENCE NORTH 0 DEGREES 16 MINUTES 58 SECONDS WEST 83.42 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SECTION; THENCE NORTH 88 DEGREES 03 MINUTES 40 SECONDS EAST 837.50 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING AND CONTAINING 1.372 ACRES, MORE OR LESS. ALSO EXCEPT (3): A PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 2 EAST, BOONE COUNTY, INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT-OF-WAY LINE DEPICTED ON THE ATTACHED RIGHT-OF-WAY PARCEL PLAT. MARKED EXHIBIT B, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION, SAID NORTHEAST CORNER BEING DESIGNATED AS POINT 323 ON SAID PLAT; THENCE SOUTH 0 DEGREES 02 MINUTES 08 SECONDS WEST 97.59 FEET ALONG THE EAST LINE OF SAID SECTION TO POINT 640 DESIGNATED ON SAID PLAT ON THE NORTHEASTERN BOUNDARY OF COUNTY ROAD 700 EAST; THENCE SOUTH 84 DEGREES 42 MINUTES 34 SECONDS WEST 20.92 FEET TO POINT 639 DESIGNATED ON SAID PLAT ON THE SOUTHWESTERN BOUNDARY OF SAID COUNTY ROAD 700 EAST; THENCE NORTH 32 DEGREES 30 MINUTES 31 SECONDS WEST 27.58 FEET TO POINT 638 DESIGNATED ON SAID PLAT; THENCE NORTH 28 DEGREES 48 MINUTES 01 SECOND WEST 35.93 FEET TO POINT 637 DESIGNATED ON SAID PLAT; THENCE NORTH 49 DEGREES 19 MINUTES 48 SECONDS WEST 35.35 FEET TO POINT 636 DESIGNATED ON SAID PLAT; THENCE NORTH 69 DEGREES 51 MINUTES 34 SECONDS WEST 35.93 FEET TO POINT 635 DESIGNATED ON SAID PLAT; THENCE NORTH 79 DEGREES 07 MINUTES 23 SECONDS WEST 24.89 TO POINT 634 DESIGNATED ON SAID PLAT ON THE NORTH LINE OF SAID SECTION; THENCE NORTH 88 DEGREES 03 MINUTES 40 SECONDS EAST 138.08 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING AND CONTAINING 0.130 ACRES, MORE OR LESS, INCLUSIVE OF THE PRESENTLY EXISTING RIGHT-OF-WAY WHICH CONTAINS 0.065 ACRES, MORE OR LESS.#INS 0.065 ACRES, MORE OR LESS. Z-158 7/4 hspaxlp 1458947
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