LEGAL NOTICE OF PUBLIC HEARING FOR REZONING

BROWN COUNTY AREA PLAN COMMISSION

Notice is hereby given that Wayne and Darla Flesher has filed with the Area Plan Commission of the County of Brown, Indiana, an application for Rezoning of property, to wit:

Legal description of premises

 A part of the Southeast quarter of the Southwest quarter of Section 21, and a part of the Northeast quarter of the Northwest quarter of Section 28, all in Township 9 North, Range 3 East, lying in Washington Township, Brown County, Indiana, and described as follows: Beginning at a 5/8 inch iron pin found, said pin bears East 290.5 feet and South 2135.0 feet from a stone at the Northwest corner of the East half of the Southwest quarter of Section 21; thence South 75 degrees 51 minutes East (assumed bearing) a distance of 383.3 feet (388.2 feet in survey done by Charles Wells, L. S. 9427) to a 3/4 inch iron pipe found; thence South 13 degrees 35 minutes West a distance of 344.6 feet to a 5/8 inch iron pin set on the North line of property described in Deed Record No. 94, page 359, as found in the Brown County Recorder's office; thence North 88 degrees 41 minutes West along the North line of said property 58.2 feet to a 1-inch iron pipe found; thence South 16 degrees 48 minutes East along the West line of said property 261.0 feet (265.5 feet by deed) to a point on the centerline of Old State Road No. 46; thence North 41 degrees 20 minutes West a distance of 56.2 feet (60.3 feet in survey by Charles Wells) ; thence North 59 degrees 15 minutes West a distance of 315.2 feet (338.3 feet in survey by Charles Wells) to a 1-inch iron pipe found; thence North 00 degrees 00 minutes East along the East line of property described in Deed Record No. 95, page 385, as found in said Brown County Recorder's office 473.9 feet (478 feet in survey by Charles Wells) to the point of beginning, containing 3.7 acres, more or less. With the exception of any condition, covenant or restriction based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United State Code, or (b) relates to handicap, but does not discriminate against handicapped persons, the above described real estate is subject to Easement for gas line and incidental purposes granted to Indiana Natural Gas Corporation, its successors and assigns, dated August 12, 1968 and recorded January 24, 1969 in Miscellaneous Record No. 19, page 326, in the Office of the Recorder of Brown County, Indiana, and to all other valid easements, restrictions, roadways and rights of way of record.

Applicant is requesting approval for rezoning the described property from Residential (R1) to General Business (GB).   The property is located at 2306 State Road 46E in Washington Township.

The file on this matter is available for public inspection at least 10 days prior to the hearing, during the regular working hours at the Brown County Area Plan Commission office in the County Office Building, Nashville, Indiana.

The Commission will hold a public hearing on June 26, 2012 during a meeting commencing at 6:00 p.m. All interested persons will be given the opportunity to be heard in reference to the matters set out in the petition. This notice is being published to notify persons affected by this petition by order of the Area Plan Commission. Written comments regarding the petition, which are filed with the secretary of the Area Plan Commission before the hearing will be considered. The hearing may be continued from time to time. The meeting will be held in the second floor meeting room of the County Office Building, Nashville, Indiana. If you have a disability that requires special assistance for your participation in the meeting, please contact the Area Plan Commission at (812) 988-5490.

Petitioner Wayne and Darla Flesher

Petitioner:    Wayne Flesher  

Date: 6-4-12

R-6/13/2012  31565101 12-169