Jan 23, 2023 Board of Zoning Appeals

[A. Call to Order]

[00:00:04]

>> OKAY. BEING 6:00, WE'RE GOING TO CALL THIS MEETING TO ORDER. AND WE WILL START WITH THE PLEDGE OF ALLEGIANCE, PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

>> COULD WE HAVE THE ROLL CALL, PLEASE.

>> LEO DIERCKMAN, PRESENT.

[D. Declaration of Quorum, Swearing-in of Members, and Officer Elections]

>> WE HAVE A QUORUM. IS THERE A SWEARING IN OF NEW MEMBER? ANYBODY?

HAS THAT BEEN DONE? >> YES, SHE'S FILLED OUT HER

OATH OF OFFICE. >> OKAY, THANK YOU.

WE'LL THEN MOVE ON. TO THE ELECTION OF PRESIDENT.

AND WE'LL GO AND TAKE A MOTION FROM MEMBERS OF THE BOARD.

I WILL MOVE TO ELECT MR. LEO DIERCKMAN PRESIDENT.

>> CLOSE THE NOMINATIONS. >> THANK YOU.

ALL THOSE IN FAVOR, PLEASE SAY AYE.

AYE. ALL THOSE OPPOSED? CONGRATULATIONS, MR. DIERCKMAN, YOU ARE PRESIDENT.

>> THANK YOU. NOW WE'LL HAVE ELECTION OF VICE PRESIDENT. NEED A MOTION.

>> I NOMINATE MR. HAWKINS. >> I'LL SECOND THAT.

ANYBODY ELSE? CLOSE THE NOMINATIONS.

EVERYONE IN FAVOR STATE AYE. AYE.

ANYONE OPPOSED? MR. HAWKINS, NO? THAT'S GOOD. YOU'RE ELECTED VICE PRESIDENT.

[E. Approval of Minutes and Findings of Facts of Previous Meetings]

STAFF, WHAT ARE THOSE MEETING DATES?

AND DO WE HAVE THOSE TO APPROVE? >> YEAH, NOVEMBER 28TH.

FULL BZA MEETING. >> I'LL TAKE A MOTION

>> MOVE TO APPROVE THE MINUTE AS PREVIOUSLY CIRCULATED.

>> SECOND. >> AND A MOTION AND SECOND.

ALL THOSE IN FAVOR, STATE AYE. >> AYE.

>> ANYBODY OPPOSED? HEARING NONE, MOTION CARRIES.

[F. Communications, Bills, and Expenditures ]

>> THANK YOU. WANTED TO LET YOU KNOW AS IT SHOWS ON THE AGENDA THAT THE INSURANCE OFFICE VARIANCES HAVE

BEEN TABLED TO FEBRUARY 27TH. >> THANK YOU.

ANY OTHER REPORTS OR ANNOUNCEMENTS OR LEGAL COUNSEL

REPORTS OR ANYTHING ELSE? >> NO, MR. PRESIDENT.

>> VERY GOOD. PUBLIC HEARINGS.

WE'LL READ THIS FIRST ITEM IN. FIRST I'M GOING TO JUST REMIND EVERYONE OF THE RULES OF PROCEDURES HERE.

SO WE'LL OPEN THE PUBLIC HEARING THEN THE PETITIONER WILL HAVE 15 MINUTES TO PRESENT. WE'LL TAKE A -- WE'LL FIND OUT HOW MANY SUPPORT HERS THERE ARE AND THEY'LL HAVE FIVE MINUTES, THEN WE'LL DIVIDE THE 15 MINUTES OF TIME THEY HAVE AMONGST THE NUMBER OF PEOPLE THAT WANT TO PRESENT.

I STRONGLY RECOMMEND THAT MOST LIKELY MANY OF YOU HAVE ALREADY SENT LETTERS IN, SO REGARDING THAT FIRST MATTER, SO YOU KNOW, WE'VE READ THEM, I KNOW THE COMPETENCY OF THESE BOARD MEMBERS AND THEY DO ALL OF THEIR HOMEWORK COMPLETELY, AND SO IF YOU HAVE ONE OR TWO PEOPLE, I'D RECOMMEND YOU SPLIT THAT 15 MINUTES UP AMONGST ONE OR TWO OF YOU, WITH YOU BUT IF THAIS NOT , WE'LL DIVIDE THE NUMBER OF MINUTES BY THE NUMBER OF MONSTRATORS. HAVING SAID ALL THAT, FIRST ITEM

OF BUSINESS IS SE44 -- >> MR. PRESIDENT, ONE THING, I APOLOGIZE. PETITIONER HAS FIVE MINUTES FOR

REBUTTAL AS WELL. >> RIGHT.

[H. (SE) 44 Horseshoe Ln. Group Home.]

44 HORSESHOE LANE GROUP HOME, THE APPLICANT SEEKS THE FOLLOWING SPECIAL EXCEPTION APPROVAL FOR AN 8-PERSON GROUP HOME FOR THE ELDERLY, DOCKET NUMBER PZ-2022-00208SE, UDO SECTION 2.07, RES DEX SPECIAL EXCEPTION, ZONED R1 RESIDENCE FILED BY JENNIFER PICCIONE OF J & B RAL 1 INDIANA LLC.

PETITIONER, YOU HAVE 15 MINUTES. RIGHT OVER THERE.

[00:05:05]

>> OUR REQUEST FOR AN 8-PERSON GROUP HOME FOR THOSE WITH DISABILITIES IS BEING MADE UNDER THE CITY OF CARMEL'S UNIFIED DEVELOPMENT ORDINANCE, SECTION 9.08, SPECIAL EXCEPTION.

THIS WILL BE A HOUSING WITH SERVICES ESTABLISHMENT AS DEFINED BY INDIANA LAW AND NOT A MEDICAL FACILITY OR A SKILLED NURSING HOME REQUIRING LICENSURE.

THE RESIDENTS OF THIS HOME WILL HAVE ONE OR MORE PHYSICAL OR MENTAL DISABILITY, SUCH AS HEARING LOSS, IMPAIRED VISION, MOBILITY ISSUES, AND/OR PERM PEL CARE DIFFICULTIES WHICH WILL REQUIRE SUPPORTIVE CARE SERVICES.

OF COURSE THEY'RE PROTECTED BY HOUSING DISCRIMINATION.

THUS WE'RE REQUESTING A REASONABLE ACCOMMODATION UNDER THE UNIFIED DEVELOPMENT ORDINANCE.

THE SEVEN CRITERIA USED FOR GRANTING REASONABLE ACCOMMODATION UNDER 5.72E, I CAN GO OVER THOSE IF THERE ARE QUESTIONS ON THEM. OKAY.

NUMBER ONE, THERE ARE NO OTHER GROUP HOMES WITHIN A BLOCK OF OUR HOME. NUMBER TWO, THERE WILL BE UP TO EIGHT RESIDENTS LIVING IN THE HOME WHO WILL FUNCTION AS ONE SINGLE HOUSEKEEPING UNIT. AS A TRADITIONAL FAMILY AS IS TYPICAL OF GROUP HOMES FOR THE DISABLE AND PURSUANT TO OUR RESIDENCY CONTRACT WHICH REQUIRES ALL RESIDENTS TO AGREE TO LIVE IN A GROUP OR FAMILY SETTING.

THE DAILY STAFF WILL CONSIST OF TWO CARETAKERS DURING THE DAY, AND ONE EVENING CARETAKER, NONE OF WHICH WILL RESIDE AT THE HOME. AS FAR AS CARS IN THE HOME, OUR RESIDENTS WILL NOT HAVE THEIR OWN VEHICLES.

RESIDENTS WITH DISABILITIES IN GROUP HOMES SUCH AS OURS GENERALLY DO NOT OPERATE VEHICLES.

THE CARETAKERS WILL PARK THEIR CARS AND THEIR VEHICLES IN OUR GARAGE OR THE DRIVEWAY, AND THEIR PERSONAL CARS WILL NOT BE MARKED. NUMBER FOUR, THE HOME WILL CONTINUE TO LOOK JUST AS IT DOES NOW.

I DO HAVE SOME PICTURES THAT I CAN PASS AROUND TO THE BOARD.

BUT LIKE EVERY OTHER HOME ON THE BLOCK IN THE NEIGHBORHOOD, WE'LL RENOVATE ONLY THE INTERIOR OF THE HOME TO ACCOMMODATE OUR RESIDENTS, AND OUR HOME WILL CONTINUE TO BE A BEAUTIFUL AND METICULOUSLY WELL KEPT, BOTH INSIDE AND OUT.

INCLUDING THE LANDSCAPING SURROUNDING THE PROPERTY.

THERE WILL BE NO SIGNAGE OR ANY OTHER INDICATION THAT THE HOME WILL BE INHABITED BY GROUP HOME RESIDENTS.

THERE WILL BE NO UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN IMPOSED ON THE CITY FROM THE ESTABLISHMENT OF OUR HOME.

THE SEVENTH QUESTION IS, WILL THE ESTABLISHMENT OF THE GROUP HOME REQUIRE FUNDAMENTAL ALTERATION IN THE COMPREHENSIVE PLAN? OUR PROPOSED USE IS NOT ONLY CONSISTENT WITH CARMEL'S COMPREHENSIVE PLAN BUT IT SUPPORTS AND AIDS IN ITS OBJECTIVES.

SPECIFICALLY OBJECTIVE 136 IS TO PROMOTE HOUSING OPTIONS TO SUPPORT AGING IN PLACE. OUR PROPOSED USE WILL ALLOW CARMEL RESIDENTS TO REMAIN IN COMMUNITY.

CURRENTLY CARMEL RESIDENTS IN NEED OF SUPPORTIVE SERVICES MUST CHOOSE BETWEEN LIVING IN AN INSTITUTIONAL SETTING OR A NURSING HOME AWAY FROM ALL THAT'S FAMILIAR TO THEM.

AND WE WHERE RESIDENTS CAN FEEL ISOLATE AND LOANLLY AND WHERE THE AVERAGE CARE RAISH YOAL IS 40:1.

THIS WILL GIVE THEM THE OPTION TO LIVE IN A NEIGHBORHOOD SETTING TO WHICH THEY ARE ACCUSTOMED AND WHICH THEY DESIRE SURROUNDED BY FAMILY, FRIENDS AND PIERCE.

AND PEERS, IN A 4:1 RATIO. OTHER CURRENT OPTIONS INCLUDE LIVING AT HOME AND PAYING FOR IN-HOME HEALTHCARE, WHICH IS EXTREMELY EXPENSIVE. AND OFTEN LEAVES THESE PEOPLE ALONE, MOST OF THE DAY AND THE EVENING.

ANOTHER OPTION IS TO MOVE IN WITH A FAMILY MEMBER, WHICH HAS ITS OBVIOUS DRAWBACKS AND CHALLENGES.

OBJECTIVE 317 IS TO PROTECT SINGLE-FAMILY NEIGHBORHOODS FROM DISSIMILAR I A JAY SENT USES WITH RESPECT TO THE SCALE OF BUILDINGS. BUILDING MATERIALS, LIGHTING, NOISE, AND OTHER INCOMPATIBLE IMPACTS.

OUR HOME WILL CONTINUE TO BLEND IN TO THE NEIGHBORHOOD, REMAINING THE SAME SIZE AND SCALE.

NO ADDITIONAL LIGHTING IS REQUESTED.

NOISE WILL BE REDUCED AS RESIDENTS WILL NOT HAVE LOUD CARS, LOUD PARTIES, NOISY OCCUPANTS, BARKING DOGS OR ANY OF THE OTHER COMMON NUISANCES THAT YOU MAY ENDURE LIVING IN A NEIGHBORHOOD SETTING. AND OBJECTIVE 147 IS TO ADD A MIX OF HOUSING FORMATS, BOTH OWNED AND RENTED, TO DIVERSIFY CARMEL'S HOUSING STOCK. TO SUPPORT SHIFTING HOUSING DEMANDS AS DEMOGRAPHICS AND WORKFORCE NEEDS CHANGE.

AS WITH THE REST OF THE COUNTRY, CARMEL'S POPULATION IS GETTING OLDER. 60.5% OF AMERICAN 65 OR OLDER SELF-REPORTED TO HAVE AT LEAST ONE PHYSICAL DIFFICULTY OR COMPLEX -- REQUIRING SUPPORTIVE LIVING.

BY 2029, IT'S ESTIMATED THAT THERE WILL BE A SHORTAGE OF NEARLY 3 MILLION ASSISTED LIVING BEDS.

MILLIONS OF AMERICANS SUFFER FROM PERSISTENT LONELINESS AND

[00:10:03]

EXPANDING COMMUNITY INFRASTRUCTURE THAT FACILITATES GREATER SOCIAL CONNECTION HAS THE POTENTIA TO MITIGATE A RANGE OF CROSS-CUTTING ISSUES, LIMITING OLDER ADULTS' WELL-BEING AND CONTINUED ENGAGEMENT IN SOCIETY.

THUS HAVING A MIX OF HOUSING FORMATS TO ALLOW AGING RESIDENTS TO STAY IN THEIR COMMUNITIES WILL BE ESPECIALLY IMPORTANT IN THE YEARS TO COME. AND OBJECTIVE 151, ENCOURAGE DIFFERENT HOUSING TYPES AND SIZES WITHIN THE NEIGHBORHOOD TO SUPPORT DIFFERENT HOUSEHOLD TYPES, AND ECONOMIC RESILIENCY.

THIS ALLOWS OPTIONS FOR NEW RESIDENTS AND ALLOWS CURRENT RESIDENTS TO AGE IN CARMEL, AS THEY MOVE THROUGH DIFFERENT LIFE STAGES. THAT'S OBJECTIVE 151 OF THE CARMEL UDO. THE ESTABLISHMENT OF OUR HOME WILL GIVE CARMEL RESIDENTS AN OPTION TO STAY AND AGE IN CARMEL IN A RESIDENTIAL HOME WITH THE SUPPORT AND THE CARE THAT THEY NEED. THE SPECIFIC POINTS FOR THE BOARD'S APPROVAL ARE UNDER SECTION 9.08 D AND E.

I'LL ADDRESS THOSE. THE ECONOMIC FACTORS, SUCH AS THE COST BENEFIT TO THE COMMUNITY AND THE ANTICIPATED SURROUNDING PROPERTY VALUE EFFECTS.

IN ADDITION TO THE ESTABLISHED NEED FOR THESE HOMES, STUDIES SHOW OUTCOMES FOR RESIDENTS IMPROVE IN SMALLER HOMES LIKE OURS, THUS PROVIDING RESIDENTIAL SETTINGS FOR CARMEL RESIDENTS IS NOT ONLY A NEED BUT A BENEFIT TO THIS COMMUNITY.

RESIDENTS IN SMALL SCALE LIVING ENVIRONMENTS SUCH AS OURS HAVE BETTER COGNITIVE AND FUNCTIONAL STATUS THAN RESIDENTS OF TRADITIONAL INSTITUTIONAL-STYLE ASSISTED LIVING.

THEY'RE MORE LIKELY TO ENGAGE IN ACTIVITIES.

WE REDUCE ANXIETY AND DEPRESSION.

AND WITHDRAWAL AMONG RESIDENTS. A NOTABLE FINDING FROM THE CDC IS THAT RESIDENTS IN LARGE FACILITIES ARE TWO TIMES MORE LIKELY TO FALL THAN IN HOMES LIKE OURS.

THIS IS AN IMPORTANT CONSIDERATION BECAUSE FALLS ARE THE LEADING CAUSE OF FATAL AND NON-FATAL INJURIES FOR OLDER AMERICANS. IT'S CLEAR THAT RESIDENTIAL CARE HOMES LIKE OURS BENEFIT NOT ONLY THE RESIDENTS BUT THE SURROUNDING COMMUNITY FROM A FINANCIAL PERSPECTIVE.

WITH RESPECT TO THE EFFECTIVE HOME VALUES, THERE'S NO INDICATION THAT HAVING A GROUP HOME IN A NEIGHBORHOOD REDUCES SURROUNDING PROPERTY VALUES. MORE THAN 50 SCIENTIFIC STUDIES HAVE BEEN CONDUCTED TO DETERMINE IF THE PRESENCE OF A COMMUNITY RESIDENCE HAS ANY EFFECT ON PROPERTY VALUES, PROPERTY TURNOVER, NEIGHBORHOOD SAFETY, NO MATTER WHICH METHODOLOGY HAS BEEN USED, EVERY STUDY HAS CONCLUDED THAT COMMUNITY RESIDENCES NOT CLUSTERED ON THE SAME BLOCK HAVE NO IMPACT ON PROPERTY VALUES. EVEN FOR T THE HOUSES NEXT DOORR THE MARKETABILITY OF NEARBY HOMES, NEIGHBORHOOD SAFETY, NEIGHBORHOOD CHARACTER, PARKING, TRAFFIC, OR PUBLIC UTILITIES, OR MUNICIPAL SERVICES. I HAVE THOSE STUDIES IF YOU WANT COPIES OF THEM. FURTHER WITH RESPECT TO HOME VALUES, OUR PROPERTY WILL BE MAINTAINED PROFESSIONALLY INSIDE AND OUT. NEIGHBORS WILL NO LONGER HAVE TO COMPLAIN ABOUT LAWNS NOT BEING CUT, FENCES IN DISREPAIR AND OTHER COMMON ISSUES THAT COME WITH THE NEIGHBORHOOD LIVING.

OUR PROPERTY WAS PURCHASED AT FULL VALUE, HIGHER THAN THE LAST TRANSFER WHICH PROVIDES INCREASED COMPARISON VALUES FOR ALL OF THE OTHER HOMES ON STREET AND THE NEIGHBORHOOD.

I PERSONALLY DID RESEARCH ON EVERY SINGLE HOME IN THE STORY COTTAGE ASSISTED LIVING FACILITY IN CARMEL NEIGHBORHOOD, AND I HAVE SOME BOARDS YOU CAN LOOK AT.

EVERY SINGLE HOME IN THAT NEIGHBORHOOD, THE VALUE BEFORE AND THE VALUE AFTER THAT STORY COTTAGE WAS PUT INTO PLACE AND EVERY SINGLE HOME HAS INCREASED IN VALUE.

I ALSO POLLED HOMES SUCH AS OURS FROM AROUND THE COUNTRY IN SIMILAR NEIGHBORHOODS OF CARMEL AND I PULLED THE HOUSE ON THE LEFT AND ON THE RIGHT OF EACH HOUSE, AND EVERY SINGLE HOME HAD INCREASED IN VALUE AFTER A GROUP HOME WAS PUT IN PLACE.

NUMB WE AREER TWO IS THE SOCIAL NEIGHBORHOOD FACTOR SUCH AS COMPATIBLE WITH THE SURROUNDING COMMUNITY BECAUSE OF ITS RESIDENTIAL USE AND NATURE. THIS IS A HOME.

IT'S A RESIDENCE. IT'S SHARED AND IT FUNCTIONS LIKE A TRADITIONAL FAMILY DOES WHERE RESIDENTS SHARE MEALS, THEY SOCIALIZE, THEY SUPPORT EACH OTHER, THEY SHARE THEIR LIFE EXPERIENCES. IT WILL LOOK NO DIFFERENTLY THAN ANY OTHER HOME IN THE NEIGHBORHOOD.

THAT'S WHY THESE HOMES ARE TREATED AS RESIDENTIAL UNDER FEDERAL AND STATE LAW, BECAUSE THEY ARE RESIDENTIAL.

THEY'RE PEOPLE'S HOMES. THE EFFECTS OF VEHICULAR TRAFFIC. AS PREVIOUSLY MENTIONED, ANY IMPACT ON TRAFFIC WILL BE NEGLIGIBLE OR LESS THAN A TRADITIONAL MULTIMEMBER FAMILY HOUSEHOLD.

THE RESIDENTS DON'T DRIVE. THEY'LL ONLY BE TWO CAREGIVERS A DAY THAT WILL COME IN AND OUT OF THE HOUSE ON NON-PEAK HOURS.

LAUNDRY IS DONE IN-HOUSE. GROCERY SHOPPING IS DONE IN THE GROCERY STORE BY CARETAKERS. THERE WILL BE NO COMMERCIAL TRUCKS IN OUR HOUSES. OUR HOME IS THE THIRD HOUSE ON THE BLOCK. IN ORDER TO REACH OUR HOME, A VEHICLE WOULD EXIT KEYSTONE PARKWAY AND EAST CARMEL DRIVE, TWO MAJOR ROADWAYS, AND BUSY THOROUGHFARES BEFORE THEY'D REACH THE RESIDENTIAL PORTION OF THAT ARE TRIP.

ONE ON HORSESHOE LANE, YOU WOULD TRAVEL HALF OF A BLOCK TO REACH OUR HOME, REQUIRING NO EXTENSIVE DRIVING THROUGH THE

[00:15:01]

SOME RELATED, SOME UNRELATED. ALL EIGHT OCCUPANTS WERE EITHER ADULTS OR SCHOOL-AGED CHILDREN WHO LEFT THE HOUSE DAILY FOR WORK, SCHOOL, EXTRACURRICULARS, ERRANDS, SOCIAL ENGAGEMENTS, AND ALL THE OTHER REASONS WE COME AND GO FROM OUR HOUSES.

OUR RESIDENTS WILL, OF COURSE, NOT BE ACTIVE -- AS ACTIVE AS THE PREVIOUS EIGHT RESIDENTS AND WILL NOT COME AND GO FROM THE HOME. AS THE PREVIOUS RESIDENTS DID.

THE PREVIOUS GROUP OF EIGHT RESIDENTS LIVED IN THE HOME WITHOUT INCIDENT OR COMPLAINT FROM THE NEIGHBORS OR THE NEIGHBORHOOD. AND OUR RESIDENTS SHOULD BE TREATED NO DIFFERENTLY. WE WILL HAVE INDIVIDUALS COME TO THE HOME TO PROVIDE FUN ACTIVITIES FOR OUR RESIDENTS WHICH THEY VERY MUCH ENJOY. THE OCCASIONAL VISITORS OF THE RESIDENTS WILL PARK THEIR VEHICLES ON THE VERY LONG DRIVEWAY JUST LIKE ANY OTHER RESIDENTIAL HOME.

NUMBER FOUR IS, DOES THIS PROJECT COMPLY WITH ALL THE STANDARDS OF 5.72, WHICH I ALREADY PREVIOUSLY DISCUSSED.

NUMBER SIX REFERS TO WHETHER THERE ARE I APPLICABLE PROHIBITIONS CONTAINED IN THE CCRS OF OUR NEIGHBORHOOD HOA.

THIS USE DOES NOT VIOLATE ANY OF THE TERMS IN THE DECLARATIONS OF COVENANTS AND RESTRICTIONS FOR WOODLAND SPRINGS.

IN THE DECLARATION IN SECTION 6.1 IT TALKS ABOUT ALL LOTS SHALL BE EXCLUSIVELY FOR RESIDENTIAL PURPOSES AND THE OCCUPANCY OF A SINGLE-FAMILY. ALL IS PERMITTED UNDER LOCAL ZONING ORDINANCES. SINGLE-FAMILY IS DEFINED AS A SINGLE HOUSEKEEPING UNIT OPERATING ON A NON-COMMERCIAL BASIS BETWEEN ITS OCCUPANTS WITH A COMMON KITCHEN AND DINING AREA. UNDER FEDERAL, STATE AND LOCAL ZONING LAWS, GROUP HOMES ARE CONSIDERED RESIDENTIAL.

THE LEGISLATIVE HISTORY OF THE FAIR HOUSING ACT MAKES IT ABUNDANTLY CLEAR THAT IT IS INTENDED TO PROHIBIT SPECIAL RESTRICTIVE COVENANTS OR OTHER TERMS OR CONDITIONS OR DENIALS OF SERVICE BECAUSE OF A PERSON'S HANDICAP.

AND OF WHICH HAVE THE EFFECT OF EXCLUDING, FOR EXAMPLE, CONGREGATE LIVING ARRANGEMENTS LIKE GROUP HOMES.

FURTHER THE ACT IS INTEND TO PROHIBIT THE APPLICATION OF SPECIAL REQUIREMENTS THROUGH LAND USE REGULATIONS, RESTRICTIVE COVENANTS, AND CONDITION OR SPECIAL USE PERMITS THAT HAVE THE EFFECT OF LIMITING THE ABILITY OF SUCH INDIVIDUALS TO LIVE IN A RESIDENCE OF THEIR CHOICE IN THEIR COMMUNITY.

LETTERS AND PHONE CALLS OF SUPPORT HAVE BEEN SUBMITTED.

WE HAVE CITIZENS HERE TONIGHT THAT ARE WAITING FOR OUR HOME TO OPEN BECAUSE THEY'VE NOT OPINION ABLE TO FIND AN APPROPRIATE AND DESIRABLE RESIDENTIAL SETTING FOR THEIR LOVED ONES.

WE RECEIVED ALSO APPROXIMATELY 46 OPPOSITION LETTERS, APPROXIMATELY. I THINK THERE'S A FEW MORE THAT CAME IN TODAY. FROM SOME OF THE RESIDENTS OF WOODLAND SPRINGS. MANY IF NOT MOST OF THOSE LETTERS OF OBJECTION MAKE INACCURATE OR INCOMPLETE OR COMPLETELY FALSE CLAIMS ABOUT HOW WE WILL OPERATE.

THE EFFECTS OF HAVING A GROUP HOME ON THE NEIGHBORHOOD, THE TYPE OF PEOPLE THAT WILL LIVE IN OUR HOME, THE TYPE OF PEOPLE THAT WILL CARE FOR OUR RESIDENTS, OUR INVESTMENT IN THE COMMUNITY, MY PERSONAL ABILITY TO CARE FOR THE HOME AND OUR RESIDENTS, AND AN EPIDEMIC MISUNDERSTANDING OF THE LAW AND ITS APPLICATION FOR OUR PROJECT. SO I'M HOPEFUL THAT MY EXPLANATION TONIGHT OF OUR PROPOSED USE AND THE APPLICABLE LAW HAS BROUGHT SOME CLARITY. I BELIEVE IT'S IMPORTANT TO NOTE THAT THERE ARE OVER 400 HOMES IN WOODLAND SPRINGS COMMUNITY, WHICH MEANS THAT APPROXIMATELY 350 HOUSEHOLDS OR NEARLY 90% OF THE COMMUNITY AND THE OTHER 105,000 CITIZENS OF CARMEL DID NOT OBJECT OR SUPPORT OUR MISSION OR DIDN'T FIND IT NECESSARY TO HAVE ONE. SO WHILE THERE ARE PEOPLE WITH OBJECTIONS HERE THIS EVENING, IT'S MERELY A FRACTION OF THE POPULATION THAT WE'RE HERE TO SERVE.

AND AS THE BOARD KNOWS, THE FEARS AND PREJUDICES OF NEIGHBORS CANNOT BE TAKEN INTO CONSIDERATION WHEN MAKING A DETERMINATION ON A REASONABLE ACCOMMODATION REQUEST.

IN CLOSING, WE MEET THE CRITERIA FOR THE SPECIAL EXCEPTION PERMIT AND THE GRANTING OF REASONABLE ACCOMMODATION.

WE ARE PROVIDING A MUCH NEEDED AND DESIRED CARE OPTION, AND A HOUSING SOLUTION FOR THE AGING RESIDENTS OF CARMEL WHO ARE PROTECTED AND THEY HAVE A RIGHT TO CHOOSE TO REMAIN IN COMMUNITY. WE ARE INVESTED IN THE COMMUNITY, AND THE WELL-BEING NOT ONLY OF OUR FUTURE RESIDENTS BUT THE COMMUNITY AT LARGE. WE'RE COMPLIANT WITH FEDERAL, STATE AND LOCAL LAWS. WE ARE COMPLIANT WITH OUR HOA DECLARATIONS AND COVENANTS, AND WE HAVE OBTAINED RECOMMENDATION OF APPROVAL FROM THE CARMEL BOARD OF ZONING APPEALS AFTER MONTHS OF RIGOROUS REVIEW. MOST IMPORTANTLY, WE'RE PROMOTING THE OBJECTIVES AND THE GOALS OF CARMEL ITSELF.

IT'S CLEARLY LAID OUT IN THE UDO.

PROMOTE HOUSING OPTIONS TO SUPPORT AGING IN PLACE.

ADD A MIX OF HOUSING FORMATS TO DIVERSIFY CARMEL'S HOUSING STOCK. ENCOURAGE DIFFERENT HOUSING TYPES AND SIZES WITHIN A NEIGHBORHOOD TO ALLOW OPTIONS FOR NEW AND CURRENT RESIDENTS TO AGE IN CARMEL.

AS THEY MOVE THROUGH DIFFERENT LIFE STAGES.

I RESPECTFULLY ASK THAT YOU GRANT OUR SPECIAL EXCEPTION AND REASONABLE ACCOMMODATION REQUEST WITHOUT CONDITION OR DELAY.

IF YOU FIND THAT WE DO NOT MEET THE REQUIREMENTS OF THE SPECIAL EXCEPTION PERMIT, WE ARE REQUESTING REASONABLE ACCOMMODATION FROM YOUR ZONING CODE TO BE TREATED AS A SINGLE-FAMILY, AND MY ATTORNEY IS HERE TO ENS A ANY QUESTIONS ANSWER ANY QUESTIONSYOU MAY HAV. THANK YOU FOR YOUR

[00:20:04]

LOOK THE A THAT I CAN PASS OUT. >> -- SUPPORTERS OF THIS MATTER? CAN YOU PLEASE RAISE YOUR HAND? EI'M SEEING THREE SO YOU EACH HAVE TWO MINUTES IF YOU COULD GO UP TO THE PODIUM BEHIND EACH OTHER AND STATE YOUR NAME FOR

THE RECORD. >> GOOD EVENING.

MY NAME IS JENNA. I AM HERE TODAY BECAUSE I AM ACTUALLY A RESIDENT -- OR I AM A NEIGHBORING TO STORY COTTAGE ON CARY GROVE. I LITERALLY LIVE RIGHT NEXT DOOR TO THEM, I JUST WANTED TO GIVE MY INSIGHT IN REGARD TO WHAT IT IS LIKE TO BE A NEIGHBOR TO A FACILITY.

GENUINELY, I LOVE LIVING NEXT DOOR TO THESE INDIVIDUALS AND TO THIS PROPERTY. IT BRINGS ME JOY TO KNOW THAT THE INDIVIDUALS THAT RESIDE AT THIS HOME ARE BEING VERY WELL TAKEN CARE OF, THAT THE PROPERTY VALUE, US A HEARD, MY PROPERTY VALUE HAS INCREASED JUST FROM RESIDING NEXT DOOR.

WHEN I PURCHASED THE HOME, I WAS AWARE OF WHAT WAS GOING IN AND KNEW THAT IT WOULD NOT AFFECT MY PROPERTY VALUE, BUT GOING OFF OF WHAT I I WAS PURCHASING VERSUS WHAT THE LAND WAS PURCHASED FOR.

WITH THAT, THE LANDSCAPING IS CONSTANTLY TAKEN CARE.

PARKING IS NEVER AN ISSUE. THE OVERALL CONCERN OF MEDICAL VEHICLES BEING THERE ARE NOT AN ISSUE.

YES, YOU MAY HAVE AN AMBULANCE THAT ARRIVES BUT IT IS NO DIFFERENT THAN IF I FALL OFF A LADDER AND CALL 911.

INDIVIDUALS WHO ARE VISITING THEIR FAMILY MEMBERS THAT RESIDE IN THIS HOME RESPECT THE NEIGHBORHOOD AND CHERISH THE NEIGHBORHOOD AS MUCH AS THE INDIVIDUALS THAT RESIDE IN THE HOME AND AS MUCH AS I DO. I JUST WANTED TO PROVIDE THAT INSIGHT TONIGHT AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU GUYS MAY HAVE OFFLINE BUT I JUST WANTED TO GIVE YOU THAT FEEDBACK TODAY. THANK YOU.

>> HI, MY NAME IS MINDY GARCIA. AND I AM CURRENTLY TRYING TO FIND A PLACE FOR A LOVED ONE TO LIVE THE LONELINESS IS A HUGE FACTOR FOR OUR AGING POPULATION. JUST A COUPLE OF WEEKS AGO, I HAD AN INCIDENT WHERE HAD MY SISTER NOT BEEN ON THE PHONE, WE WOULD HAVE NOT KNOWN THAT SHE FELL.

AND WE SPENT THE EVENING IN THE EMERGENCY ROOM WITH NO REAL KNOWLEDGE OF WHAT HAPPENED BECAUSE SHE DOESN'T REMEMBER IT.

AND AT THIS POINT, SHE'S NOT QUITE READY FOR THE TRADITIONAL NURSING HOME. SHE STILL WANTS TO BE ABLE TO COOK AND ENTERTAIN AND BE PART OF THE FAMILY.

AND SO THIS IS THE PERFECT SOLUTION FOR HER.

AND WE JUST REALLY LOOK FORWARD TO HER HAVING AN OPPORTUNITY TO BE A PART OF SOMETHING LIKE THIS.

AND I WOULD ALSO LIKE TO ADD THAT I LIVE ACROSS THE STREET FROM A SOBER LIVING HOME, AND I CAN TELL YOU THAT I LIVED THERE FOR A COUPLE OF YEARS BEFORE I KNEW WHAT IT WAS, AND THE RESIDENTS THERE ARE ALLOWED TO HAVE CARS, AND I CAN ASSURE YOU THAT IF YOU QUESTIONED MY NEIGHBORS ON WHO WAS THE BIGGER DISTURBANCE, THEY WOULD FOR SURE SAY MY TEENAGE SON AND HIS CAR THAN IT WOULD BE THEM. SO WITH THAT, I'LL FINISH.

>> HI, MY NAME IS MARCY BRITTINGHAM AND I'M CURRENTLY IN A CHALLENGING SEASON WITH MY MOTHER.

IN 2011 -- I'M NERVOUS, I MIGHT GET EMOTIONAL, BUT -- IN 2011, MY FATHER PASSED AWAY. AND I BECAME HIS -- MY MOM'S CARETAKER. IT WAS A HARD JOURNEY.

SHE STAYED IN THE HOME THAT MY DAD HAD FOR US GROWING UP.

SHORTLY THEREAFTER, SHE DECIDED THAT SHE WANTED A CHANGE SO SHE LIVED IN A 55 AND OLDER COMMUNITY, A DEL WEBB COMMUNITY AND STAYED THERE FOR SIX YEARS OR SO, RIGHT AROUND THERE.

AND THEN THE POINT CAME WHERE I HAD TO TAKE AWAY THE CAR.

SORRY. WE WENT THROUGH THAT.

IT WAS OKAY. AND IT WAS TIME TO MOVE OUT OF THE HOUSE AND GO TO A FACILITY. I TOURED EVERYWHERE WITHIN OUR BUDGET. EVERYWHERE.

I SAW NURSING HOMES, I SAW ASSISTED LIVING, I SAW

[00:25:02]

SHE IS NOT READY FOR ASSISTED LIVING.

SHE DOESN'T DESERVE TO GO INTO ASSISTED LIVING.

SHE NEEDS SMALL GROUPS FOR SOCIALIZATION, SHE NEEDS TO FEEL PURPOSE, SHE NEEDS TO HAVE HER GRANDKIDS OVER FOR CHRISTMAS.

SHE NEEDS TO BE TREATED HUMANELY.

SHE JUST NEEDS A LITTLE EXTRA SUPERVISION.

WHICH COSTS $40 AN HOUR OVERNIGHT.

SHE WOULD THRIVE, SHE HAS A LOT OF LIFE LEFT IN HER.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

SO THANK YOU. >> ALL RIGHT, THANK YOU.

ALL RIGHT. NOW REMONSTRATORS.

WE HAVE 15 MINUTES. IF YOU SENT A LETTER IN I CAN ASSURE YOU WE ALL READ THEM, IF YOU DO WANT TO SPEAK RAISE YOUR HAND AND LEAVE THEM UP BECAUSE WE NEED TO COUNT THEM AND DIVIDE THE 15 MINUTES AMONGST YOU. ONE, TWO, THREE.

THREE SPEAKERS? OKAY.

IF THOSE THREE SPEAKERS WOULD GO TO THE PODIUM.

I GOT ONE, TWO, THREE, AND FOUR. OKAY.

SO I'M SEEING THREE SPEAKERS, BUT ALL THREE OF YOU NEED TO GO UP AND WE'RE NOT GOING TO ADD ANYBODY TO THE BACK OF THE LINE.

IT DOESN'T WORK THAT WAY. YOU EACH GET 5 MINUTES.

THEN WE'LL START THE TIMER WHEN YOU ARRIVE ALL THREE OF YOU ARRIVE AT THE PODIUM. SO YOU NEED TO GO UP AND WAIT.

>> MR. PRESIDENT, HOW MUCH TIME? >> 15 MINUTES.

5 MINUTES EACH. ANY OTHER HANDS? I JUST WANT TO MAKE SURE BECAUSE THAT TIME WILL BE REDUCED BY ANYBODY ELSE THAT WANTS TO SPEAK, SO WE NEED TO DO IT NOW

IF WE'RE GOING TO DO IT. >> I'M NOT GOING TO TAKE

5 MINUTES. >> IT'S OKAY.

YOU GOT 5 MINUTES. >> OKAY.

>> GO AHEAD AND STATE YOUR NAME FOR THE RECORD, THANK YOU.

>> VERN ROACH. I LIVE ON EDEN ESTATES DRIVE.

READY? A LITTLE BIT OF RESEARCH.

KEYSTONE PARKWAY WAS DESIGNATED AS THE BARRIER BETWEEN SINGLE-FAMILY HOUSING AND BUSINESS IN THE LATE 70S, WITH BUSINESS ON THE WEST AND RESIDENTIAL ON THE EAST SIDE OF KEYSTONE DRIVE. NOW, A GROUP HOME MAY HAVE PEOPLE LIVING IN IT BUT THEY'RE NOT DOING IT FOR ANYTHING OTHER THAN TO MAKE MONEY. IT'S A BUSINESS.

IT MAY BE DESIGNATED RESIDENTIAL BUT IT'S A RESIDENTIAL BUSINESS.

OKAY? A VARIANCE IS SUPPOSED TO BALANCE THE POSITIVE AND NEGATIVE IMPACT TO THE COMMUNITY. THERE IS NO POSITIVE IMPACT THAT I CAN COME UP WITH FOR THIS GROUP HOME.

YOU KNOW, WHEN YOU THINK ABOUT IT, IF YOU WANT TO DO RESEARCH OVER THE PAST FOUR YEARS OF RESIDENCE, I DON'T CARE WHERE THE HOUSE IS, IT'S APPRECIATED. SO THAT'S -- I THINK THAT'S INVALID. THIS GROUP HOME BREAKS THE COMPREHENSIVE PLAN MADE BY THE CITY OF CARMEL.

YOU'LL NOT BE ABLE TO ALLOW THIS VARIANCE TODAY, AND DENY OTHERS LATER. THIS VARIANCE IS A SLIPPERY SLOPE, AND I THINK IT SHOULD BE DENIED.

>> I'M DAVE CONNELLY. I LIVE NEXT DOOR TO 44 HORSESHOE AND HAVE FOR LIKE 40 YEARS. ALL THIS SYMPATHY ASIDE, WE ALL HAVE BEEN THROUGH PARENTS WHO NEEDED, YOU KNOW, CARING FOR.

SO WE'RE ALL SYMPATHETIC TO THAT.

BUT THAT'S PART OF THE ISSUE. I DO WANT TO CORRECT ONE THING.

THERE WAS NOT EIGHT PEOPLE LIVING IN THAT HOUSE.

NOT EVEN REMOTELY. THERE WAS TWO MALES, DIVORCED, WHO HAD THREE CHILDREN BETWEEN THEM.

OCCASIONALLY THE CHILDREN WOULD BE THERE FOR THE WEEKEND, BUT THEY DID NOT LIVE THERE. IN FACT, ONLY ONE GUY LIVED THERE FULL TIME. AND A LOT OF TIMES, HE WASN'T THERE FOR A WEEK OR TWO. SO JUST TOTALLY UNTRUE.

I GUESS THE OTHER THING IS, YOU KNOW, THIS IS A COMMERCIAL ENTERPRISE. THEY'RE NOT DOING THIS FOR THE GOODNESS OF YOU'RE HEART. YOU'RE DOING TO MAKE MONEY.

SO WHY WOULD YOU HAVE A COMMERCIAL ENTERPRISE IN THE

MIDDLE OF A RESIDENTIAL AREA? >> I'M JACK ROGERS.

>> JACK, I'M GOING TO GIVE YOU AN EXTRA 2 TO 3 MINUTES.

YOU CAN HAVE 8 MINUTES IF YOU NEED IT.

>> OH, GOOD. THAT'S GOOD.

[00:30:04]

[LAUGHTER] >> HI.

I LIVE ON 16 HORSESHOE LANE. LIVED THERE, WILL BE IN MARCH 49 YEARS. I'M A RETIRED LAWYER.

AFTER 55 YEARS. I GUESS YOU KEEP SAYING YOU'RE TRYING TO BE -- PRACTICE BUT I'M STILL WORKING AT IT BUT NOT ACTIVE. I WANT TO ADDRESS SOME COMMENTS MADE TO YOUR PETITIONER HERE. I WANT TO BE SURE, AND I GOT IT, SHE WAS GOING SO FAST AND AT MY AGE, I DON'T HEAR REAL WELL, BUT I THINK SHE SAID WHEN TALKING ABOUT REASONABLE ACCOMMODATIONS, DIDN'T SHE MENTION THAT WORD? AND I THINK WHAT WE'RE TALKING ABOUT HERE IS NOT UNDER THE AMERICANS WITH DISABILITIES ACT.

THIS IS NOT ONE UNDER THE DISABILITIES ACT.

THAT WAS SOMETHING THAT IS DIFFERENT, WAS THE KEY POINT OF THE DISABILITIES ACT. SHE'S TALKING, I BELIEVE, HERE, ABOUT THE CODE SECTION, 5.72E. AND IN THAT CODE, IT TALKS ABOUT REASONABLE ACCOMMODATION. AND IN THAT PARTICULAR COMMENT, IN THAT SECTION, HERE'S WHAT IT SAYS ON THE VERY BOTTOM, SECTION 7. IS THIS A FUNDAMENTAL ALTERATION OF THE COMPREHENSIVE PLAN WOULD THAT'S IN THE CODE.

NOW, IS THAT TRUE? WELL, OF COURSE IT IS.

IF YOU LOOK AT THE PLAN COMMISSION, ANYTHING EAST OF KEYSTONE IS SINGLE DWELLING HOUSING.

SAYING RESIDENTIAL DOESN'T APPLY TO THIS.

WE'RE TALKING ABOUT SINGLE -- THIS IS NOT A SINGLE DWELLING HOUSE BY ANY AMOUNT OF STRETCH, IT IS NOT.

SO IT WOULD JUST ABSOLUTELY DESTROY THE WHOLE PLAN COMMISSION. AND I GO BACK TO 1973 OR 4 WHEN THEY HAD PLAN COMMISSION WHERE THEY SET THIS UP, AND THEY SAID, WELL, WE'RE GOING TO USE A LINE, WE'RE GOING TO USE KEYSTONE AND WEST IS GOING TO BE BUSINESS AND EAST IS GOING TO BE SINGLE DWELLING HOUSING. THIS IS BUSINESS AS WE WERE SAYING. IF IT LOOKS LIKE A DUCK AND WALKS LIKE A DUCK, IT IS -- IT'S BUSINESS, THEY'RE GOING TO MAKE A BUSINESS HERE. NOW, WE HAD A LOT -- I -- AS I SAY, I'M A RETIRED LAWYER I'M SPEAKING FOR MYSELF, NOBODY ELSE, BUT THE POINT I'M GOING TO MAKE IS THAT WHY WOULD -- THE WHOLE ISSUE HERE IS NOT ON OLD PEOPLE.

I AM ONE. I'M NOT AGAINST THESE PEOPLE.

BUT THE ISSUE IS THE LOCATION. THESE PEOPLE AREN'T AGAINST OLD PEOPLE. I'M NOT AGAINST OLD PEOPLE.

BUT WHERE IS -- IT SHOULD BE PLACED.

THERE IS LOTS OF PLACES THAT THE ZONING ALLOW THIS TO BE COVERED IN CARMEL. THAT'S ALL THEY'RE ASKING FOR.

THIS IS JUST WHERE IT SHOULD GO. WHY SHOULD IT GO RIGHT IN THE MIDDLE OF A RESIDENTIAL AREA WHEN THERE'S PLENTY OTHER AREAS AVAILABLE? AND SO, YOU KNOW, IT SEEMS STRANGE TO ME THAT WE WOULD BE TALKING ABOUT PUTTING -- IF PEOPLE WANT TO PUT THEIR ELDER IN THAT HOME, THAT'S FINE.

BUT NOT WHERE THEY'RE LOCATED. IT'S NOT THE PLACE FOR IT.

IF YOU'RE GOING TO HAVE -- I WOULD SURE HATE TO HAVE TWO BATHROOMS FOR EIGHT PEOPLE IN THE HOUSE AT MY AGE, GETTING AROUND. BUT THAT'S UP TO THEM.

BUT I JUST -- THE ONLY QUESTION I ASK TO YOU IS, WHY DON'T WE ACCOMMODATE THIS, WHAT'S THE REASONABLE ACCOMMODATION? TO PUT IT IN WHAT'S EXISTING NOW AS ZONING FOR THIS.

THAT'S ALL. THAT'S A REALLY SIMPLE THING.

THIS THING SHOULD HAVE NEVER GOT THIS FAR.

JUST PUT IT WHERE IT SHOULD BE. AND HERE'S THE SITUATION.

YOU KNOW, WE'RE TALKING HERE ABOUT EQUITIES.

AND HERE THE PETITIONER PURCHASED THE PROPERTY, SHE KNEW THAT IT WAS RESIDENTIAL. THERE WAS A COVENANT THAT SAYS IT'S RESIDENTIAL. IT'S PURCHASED NEVERTHELESS KNOWING THE ZONING. SHE BOUGHT THAT KNOWING WHAT IT WAS ZONED, AND THAT WHEN SHE BOUGHT THAT, COVENANT APPLIED.

SHE HAS A CONTRACT AT THAT TIME WITH THAT COVENANT.

AND SO EVERY ASPECT OF THIS IS NOW BALANCING AGAINST THAT OF THE RESIDENTS. THESE PEOPLE, WHEN WE BOUGHT THIS, WE REPRESENT -- IT WAS REPRESENTED TO US BY CARMEL THAT THOSE -- THAT WAS SINGLE-FAMILY HOUSING.

ZONING. THEY REPRESENTED IT, IT IS TODAY. IT HASN'T CHANGED.

AND WE REPRESENTED THAT. NOW, THEY SAY, WELL, THIS IS NOT GOING TO CHANGE THE HOUSING. IT WILL.

YOU EVER HAVE A REAL ESTATE COME UP, BOY, WE GOT A BUSINESS ABOUT

[00:35:03]

I DON'T THINK SO. BUT WHAT I'M ASKING FOR, WHAT I DON'T UNDERSTAND IS, WHY THEY PUT ALL THIS IN ABOUT PEOPLE WANTING THEIR FAMILY. NOBODY IS OPPOSED TO THAT.

IT'S WHERE IT SHOULD BE. AND IT SHOULD BE WHERE IT'S ZONED NOW. NOT TO DESTROY THE ENTIRE AREA OVER THERE FOR NO REASON. AND WHETHER YOU THINK IT'S A PLACE TO PUT THEM OR NOT, THAT'S NOT MY DECISION.

I WOULDN'T WANT TO GO THERE, BUT MAYBE OTHERS WOULD.

AND I ALSO WOULD SAY THAT WE SHOULD BE IN THAT CODE SECTION, IT SAYS IN SECTION 5.72A, IT SAYS, IT IS THE PURPOSE OF THIS SECTION TO BENEFIT THE GENERAL PUBLIC -- THIS IS THE GENERAL PUBLIC -- BY MINIMIZING ADVERSE IMPACTS ON ESTABLISHED RESIDENTIAL NEIGHBORHOODS IN THE CITY.

AND THE OWNERS AND RESIDENTS OF THE PROPERTIES IN THESE NEIGHBORHOOD WHICH MAY RESULT FROM CONVERSION OF RESIDENTIAL PROPERTIES TO BUSINESS OR INSTITUTION.

THAT'S SECTION ONE, THAT'S THE PURPOSE OF THAT.

YOU DON'T NEED TO DO THAT. IN THIS CASE, JUST SAY, NO, YOU MADE THE DECIRC DECISION, YOU PD THIS, YOU KNEW WHAT IT WAS WHEN YOU PURCHASED IT. YOU KNEW WHAT COVENANT WAS WHEN YOU PURCHASED IT. NOW HERE WE'RE GOING TO COME IN AND CHANGE THIS, AND IMPACT ALL THE OTHER PEOPLE WHO RELIED ON WHAT THE PLAN COMMISSION DID TO SAY THIS IS SINGLE HOUSING.

IT DOESN'T MAKE SENSE. AND IT'S NOT AGAINST ELDERLY PEOPLE. I HEARD ALL THIS, OLD PEOPLE -- THE PLACES. THAT'S NOT THE ISSUE.

THE ISSUE IS WHERE ARE YOU GOING TO PUT IT AND THERE'S NO NEED TO YOU THE IT HERE. THERE'S A LOT OF PLACES.

I KNOW. THEY DON'T HAVE TO DO ANYTHING WITH IT, THERE IT IS. I DON'T KNOW WHAT THE REASON IS, WHY YOU WOULD BUY TO PUT IT THERE.

IN THAT AREA. IT HAS VERY LITTLE HOUSE, YOU HAVE NO CHANGE -- ON OUTSIDE, VERY LITTLE LAND THERE TO GO ANY PLACES THREA, THERE'S NOT A PARK WITHIN 2 MILES OF THAT AREA, AND I DON'T THINK YOU'RE GOING TO LET THESE OLDER FOLKS WALK UP AND DOWN THE STREETS -- IT DOESN'T MAKE SENSE.

AND IT DOESN'T MAKE SENSE TO SPEND ALL THIS TIME AND ENERGY ON IT. BECAUSE IT CAN BE EASILY SETTLED BY PUTTING IT WHERE IT SHOULD BE AND EVERYBODY IS GONNA BE HAPPY.

THAT'S ALL I GOT TO SAY. [APPLAUSE]

>> PETITIONER, YOU HAVE REBUTTAL FOR FIVE MINUTES AND IT LOOKS LIKE WE HAVE A NEW PERSON SO YOU'LL HAVE TO GIVE US THEIR

NAME, PLEASE. >> MY NAME IS SARAH JANE HUNT.

I'M THE ATTORNEY. SO MY CLIENT HAS ALREADY GONE THROUGH ALL THE FACTORS AS TO WHY THE SPECIAL EXCEPTION SHOULD BE GRANTED. I'M NOT GOING TO GO OVER THAT.

I'M HERE TO DRAW YOUR ATTENTION TO THE FAIR HOUSING ACT AND TO THE AMERICANS WITH DISABILITIES ACT, AND TO REMIND THIS BOARD THAT THEY ARE UNDER AN OBLIGATION TO TREAT THE REASONABLE ACCOMMODATION REQUEST SEPARATELY FROM THE SPECIAL EXCEPTION REQUEST. THIS RESIDENCE SHOULD PASS THE SPECIAL EXCEPTION. SHE HAS INDICATED ALL THE FACTORS AS TO WHY THAT IS THE CASE.

A REQUEST FOR REASONABLE ACCOMMODATION IS REQUESTING THAT THIS BOARD ACCOMMODATE THESE RESIDENTS BECAUSE IF THIS ACCOMMODATION IS NOT GRANTED, BECAUSE OF THEIR DISABILITIES, THEY CAN'T LIVE IN THE COMMUNITY OF THEIR CHOICE.

PEOPLE DON'T LIVE IN ASSISTED LIVING BECAUSE THEY WANT TO.

RIGHT? THEY NEED ASSISTANCE.

AND THE ONLY OTHER OPTION IS INSTITUTIONALIZATION, AND OUR LAW SAYS, REGARDLESS OF WHAT THE INDIVIDUAL FEELINGS OF EVERYONE IN THIS ROOM ARE, OUR LAWS SAY THAT JUST BECAUSE YOU HAVE A DISABILITY DOESN'T MEAN YOU GO TO AN INSTITUTION.

IT ALSO SAYS THAT JUST BECAUSE YOU HAVE A DISABILITY DOESN'T MEAN YOU CAN ONLY LIVE IN A CERTAIN PART OF TOWN.

THOSE ARE THE TYPE OF MENTALITY THAT NOT IN MY BACKYARD MENTALITY IS WHAT KEPT OUR NEIGHBORHOODS SEGREGATED FOR DECADES. THE FAIR HOUSING ACT HAS BEEN AMENDED, THAT HAS BEEN AMENDED TO OPEN UP OTHER GROUPS OF PROTECTED STATUS, WHICH INCLUDE INDIVIDUALS WITH DISABILITIES.

THE PEOPLE WHO WILL LIVE IN THIS HOME HAVE PHYSICAL DISABILITIES, THEY HAVE COGNITIVE DISABILITIES, THEY NEED HELP CARING FOR THEMSELVES. THEY NEED HELP MAKING THEIR OWN FOOD, THEY NEED HELP BALANCING THEIR BUDGETS.

THEY NEED HELP. AND BECAUSE OF THAT, THEY CAN'T LIVE IN A TRADITIONAL FAMILY UNIT.

YOUR CODE DOES NOT LIMIT THE AMOUNT OF PEOPLE WHO CAN LIVE

[00:40:03]

JUST BECAUSE YOU AGE DOESN'T MEAN YOU SHOULD HAVE TO LIVE IN A NURSING HOME. JUST BECAUSE YOU AGE AND YOU NO LONGER HAVE THE COGNITIVE ABILITIES OF YOUR YOUTH DOES NOT MEAN YOU SHOULD BE ALONE. AND FOR THAT REASON, WE ARE ASKING FOR THIS ACCOMMODATION. I'D ALSO LIKE TO REMIND YOU THAT THIS ACCOMMODATION SHOULD BE ANALYZED ON AN INDIVIDUAL BASIS.

THIS DEFENSE OF A SLIPPERY SLOPE IS JUST NOT VALID LEGALLY.

I HAVE PROVIDED YOU WITH MANY CASES IN SUPPORT OF OUR POSITION. AND AGAIN, OPPOSITION BASED ON NOT IN MY BACKYARD MENTALITY IS ALSO NOT LEGALLY DEFENSIBLE.

THE CITY CODE DOES NOT LIMIT THE NUMBER OF PEOPLE RELATED BY BLOOD OR MARRIAGE. THE CITY CODE DOES NOT IMPOSE ANY NUMERICAL LIMITATION TO THE NUMBER OF PEOPLE WHO RESIDE TOGETHER, WHO ARE RELATED BY BLOOD OR MARRIAGE.

BECAUSE OF THEIR DISABILITIES, THE PROSPECTIVE RESIDENTS OF 44 HORSESHOE LANE CANNOT MAINTAIN THE TRADITIONAL FAMILY ORGANIZATION THAT YOUR ORDINANCE DICTATES.

TREATING THE USE OF THESE PROPERTIES IS SOMETHING OTHER THAN A SINGLE-FAMILY USE DISCRIMINATES AGAINST PEOPLE WITH DISABILITIES LIKE THE MANNER'S PROSPECTIVE RES DEBTS.

AS SUCH BECAUSE MY CLIENT'S REQUEST IS BOTH REASONABLE AND NECESSARY AND I HAVE HEARD NO ACTUAL UNDUE HARM, NO EVIDENCE OF PARKING PROBLEMS, NO EVIDENCE OF NECESSARY LIGHTING, NO EVIDENCE OF CONGESTION, NO EVIDENCE OF PROPERTY VALUE DEVALUATION. THE ONLY THING I'VE HEARD IS, I DON'T WANT THEM IN MY NEIGHBORHOOD.

THAT IS NOT A VALID DEFENSE. BECAUSE I'VE HEARD NO EVIDENCE THAT IT WOULD CAUSE A FINANCIAL OR ADMINISTRATIVE BURDEN TO THE CITY, WE RESPECTFULLY REQUEST THE CITY TREAT THE HOMES AS THE FUNCTIONAL EQUIVALENT AS A FAMILY BY WAIVING THE NUMBER OF UNRELATED PEOPLE THAT CAN RESIZE TOGETHER AS A FAMILY AND TREAT THE USE OF 44 HORSESHOE LANE AS SINGLE-FAMILY USE.

THANK YOU. >> CAN I RESPOND?

>> NO. ADMINISTRATIVE --

>> WHY NOT? >> WHY NOT?

>> I'M NOT GOING TO DEAL WITH THIS RANDOM COMMENTS AND SO FORTH. I'LL CLEAR THE ROOM IF I NEED TO. YOU CAN ALL LISTEN FROM OUT THERE. THIS IS NOT THE WAY WE'RE GOING TO RUN THESE MEETINGS, AND IT'S JUST NOT GOING TO HAPPEN, OKAY? SO EVERYBODY STAY CALM, COOL AND COLLECTED, AND WE'LL GET THROUGH THIS. IN A REASONABLE MANNER.

ADMINISTRATION DEPARTMENT. FOLLOW THE RULES, THE PUBLICLY AVAILABLE, THERE'S NO REBUTTAL TO THE REBUTTAL, IN ANY WAY, SHAPE OR FORM. ADMINISTRATION.

>> THANK YOU. THE PETITIONER BEFORE YOU THIS EVENING IS SEEKING SPECIAL EXCEPTION APPROVAL FOR AN 8-PERSON GROUP HOME, AND THIS REQUIRES APPROVAL FROM THE BOARD OF ZONING APPEALS, AND PER THE UNIFIED DEVELOPMENT ORDINANCE, A GROUP HOME THAT HAS NOT MORE THAN 8 UNRELATED PERSONS SHALL BE CONSIDERED FAVORABLY. ALSO PER OUR UNIFIED DEVELOPMENT ORDINANCE, A GROUP HOME IS CONSIDERED A RESIDENTIAL USE.

IT IS ALSO CONSIDERED A RESIDENTIAL USE UNDER STATE AND FEDERAL LAWS. THE PETITIONER DID ALREADY GO OVER ALL OF THE CRITERIA FOR THE BASIS OF REVIEW AND THE BASIS OF APPROVAL OR REJECTION, SO I WILL NOT GO OVER THAT AGAIN.

THE UNIFIED DEVELOPMENT ORDINANCE DOES ALLOW THE BZA TO APPROVE THE SPECIAL EXCEPTION WITH A CONDITION OR COMMITMENT, AND ALSO IN CONSIDERING THE NEIGHBORHOOD HOMEOWNER'S ASSOCIATION, WE DID RECENTLY FIND OUT THERE WAS A CHANGE OF, I GUESS, A CHANGE OF SUPPORT SO IT CHANGED FROM THE HOA BOARD NOT REALLY HAVING A STANCE TO, AS OF JANUARY 19TH, THE HOA BOARD DID CHANGE THEIR STANCE TO SAY THEY ARE NOT SUPPORTIVE OF THE SPECIAL EXCEPTION, SO I JUST WANTED TO UPDATE YOU ON THAT.

AS FAR AS TECHNICAL REVIEW GOES, THE TECHNICAL ADVISORY COMMITTEE DID REVIEW THIS PETITION, AND THERE ARE ONLY A FEW REMAINING REVIEW COMMENTS LEFT THAT MOSTLY RELATE TO HOW THE STATE WILL CLASSIFY THE STRUCTURE, AND THAT WILL BE RELATED MORE TO THE RESIDENTIAL REMODEL PERMIT THAT'S CURRENTLY BEING REVIEWED FOR THIS GROUP HOME. AND NOT TO EXTEND THIS ANY FURTHER SINCE THERE'S BEEN A LOT OF DISCUSSION ALREADY, PLANNIG STAFF DOES RECOMMEND FAVORABLE CONSIDERATION OF THIS SPECIAL EXCEPTION WITH TWO CONDITIONS. ONE CONDITION IS ADDRESSING THE

[00:45:05]

>> THANK YOU. DISCUSSION.

WHO WANT TO START THIS OFF? GO AHEAD, ALAN.

>> THANK YOU. I HAVE SOME QUESTIONS FOR THE

PETITIONER. >> IF YOU COULD GO TO THE DAIS,

PLEASE. >> YOU REPRESENTED THERE WOULD BE EIGHT RESIDENTS OCCUPYING THIS HOME.

IT WAS ALSO MENTIONED BY YOUR COUNSEL THAT BROUGHT UP THE AMERICANS WITH DISABILITIES ACT, SO I'M ASSUMING YOU DON'T KNOW WHO THE RESIDENTS OF THIS HOME ARE GOING TO BE, IS THAT

CORRECT? >> CORRECT.

>> YOU DON'T -- DO YOU HAVE -- HAVE YOU ALREADY MADE ARRANGEMENTS WITH PEOPLE TO OCCUPY THE HOME OR NOT?

>> THERE'S TWO PEOPLE THAT HAVE -- ARE INTERESTED IN LIVING IN THE HOME ONCE IT'S UP AND DEVELOPED BUT WE DON'T HAVE THE

8 PEOPLE SELECTED. >> OKAY.

DO YOU CONSIDER ANYONE WHO MAY QUALIFY MEANING OVER 65 AND NOT -- SAY NOT READY FOR ASSISTED LIVING, BUT ANYBODY

OVER 65 TO BE DISABLED? >> NO.

>> SO IT MAY NOT BE ANYONE DISABLED LIVING IN THIS HOUSE?

>> THEY WOULD ONLY BE QUALIFIED TO LIVE IN OUR HOUSE IF THEY HAD A DISABILITY THAT REQUIRED THEM TO HAVE SUPPORTIVE SERVICES TO LIVE IN OUR HOUSE. SO IF YOU'RE A 65 OR A 70 OR AN 80-YEAR-OLD WELL-BODIED INDIVIDUAL THAT CAN TAKE CARE OF YOURSELF AND LIVE IN YOUR OWN HOME WITHOUT ANY HELP OR ASSISTANCE, THEN YOU WOULDN'T QUALIFY TO LIVE IN OUR HOUSE.

>> SO THEN EVERYONE WHO WOULD OCCUPY THIS HOME WOULD BE DEEMED

TO BE DISABLED? >> CORRECT.

>> OR A DISABILITY? >> WILL HAVE A DISABILITY.

>> OKAY. JUST OUT OF CURIOSITY, DID YOU MEET WITH EITHER THE HOMEOWNERS ASSOCIATION OR SURROUNDING HOMEOWNERS TO EXPLAIN THIS PETITION?

>> I SENT PERSONAL LETTER TO ALL OF THE NEIGHBORS THAT WERE IN THE VICINITY OF THE HOUSE AND I SENT A PERSONAL LETTER -- YES I DID -- TO THE HOMEOWNERS ASSOCIATION AND I'VE HAD CONTINUED DISCUSSIONS WITH THE HOME OTHOMEOWNERS ASSOCIATION SY ONE. WE'VE BEEN VERY TRANSPARENT

ABOUT WHAT WE'RE GOING TO DO. >> BUT YOU DID NOT PERSONLLY MEET WITH THOSE INDIVIDUALS OR YOUR REPRESENTATIVE DIDN'T MEET

WITH -- >> NO.

WE OFFERED -- WE OFFERED SEVERAL TIMES TO HAVE A ZOOM CALL, TO HAVE AN IN-MEETING PERSON, TO HAVE COFFEE AT THE HOUSE, TO OPEN UP THE HOUSE, AND WE WERE NEVER TAKEN UP ON THAT OFFER.

>> OKAY. I WOULD JUST SAY TO MY FELLOW BOARD MEMBER, YOU MAY WANT TO CONSIDER, IF YOU DECIDE THAT YOU WANT TO APPROVE THIS, THAT 20 YEARS, LOOKING AROUND THE ROOM, SEEMS LIKE AN AWFULLY LONG TIME THAT WE MIGHT CONSIDER A FIVE-YEAR PERIOD FIRST, IF THAT'S THE CASE, AND COUNSEL, OUR COUNSEL CAN HELP US WITH THIS IF THAT'S THE CASE.

BUT TO ME, WHAT I SEE ON THE OUTSIDE OF THE HOME MAY NOT CHANGE, BUT PERSONALLY, I THINK THE EFFECT TO THE NEIGHBORHOOD WILL. THANKS.

[APPLAUSE] >> THANK YOU.

ANYBODY ELSE? JIM.

>> OUT OF CURIOSITY, DO YOU HAVE ANY HISTORY WITH THIS?

DO YOU HAVE OTHER HOMES? >> WE DON'T HAVE OTHER HOMES BUT I DO HAVE HISTORY WITH BOTH MY MOTHER AND MY SISTER WHO'VE LIVED IN GROUP HOMES FOR 45 YEARS NOW.

>> OKAY. WHY CARMEL, WHY HERE?

>> BOTH OF MY PARTNERS LIVE IN INDIANA.

I'M FROM THE MIDWEST. MY MOM LIVES IN THE MIDWEST.

I WANTED TO OPEN A HOME IN THE MIDWEST THAT COULD BE USED BY MY MOTHER, AND PERSONALLY, I WANT TO MAKE IT BACK TO THE MIDWEST AFTER MY KIDS GO TO COLLEGE, SO IF IT WAS BETWEEN INDIANA AND

[00:50:01]

WE LIKE THE SURROUNDING AREA, WE LIKE THE NEIGHBORHOOD.

WE LIKE THE HOUSING MARKET. HERE.

WITH THE EXCEPTION OF SOME TROUBLE THAT WE'VE HAD, MOST PEOPLE HAVE BEEN VERY WELCOMING TOWARDS US.

BUT YES, THERE'S THREE OF US WHO ARE WORKING ON THIS AND TWO ARE HERE IN INDIANA. I'M THE ONLY ONE THAT'S OUT OF

INDIANA. >> AND I'VE GOT A COUPLE FOR THE DEPARTMENT. ITEMS NUMBER 6 AND 7, ANY UNDUE FANGS ADMFINANCIAL ADMINISTRATIS ON THE CITY OR FUNDAMENTAL ALTERATION, ANY CONCERN WITH EITHER OF THOSE ITEMS?

>> NO, THE PLANNING DIRECTOR AND PLANNING STAFF -- CRITERIA AS WELL AND THERE ARE NO CONCERNS WITH THOSE.

>> ALL RIGHT. WELL I'LL JUST SAY, YOU KNOW, I'M IN BANKING, AND REAL ESTATE IN PARTICULAR.

AND THERE ARE THESE TYPES OF HOMES THROUGHOUT THE MIDWEST.

I THINK OFTENTIMES PEOPLE DON'T REALIZE THEY'RE THERE BECAUSE THEY JUST SIMPLY DON'T -- THEY BLEND IN TO THE COMMUNITY.

IT IS A TREND, IT'S A TREND THAT'S GOING FORWARD TO GIVE SENIORS AN ALTERNATIVE PLACE TO LIVE, AND IT'S PROBABLY MAYBE A LITTLE BIT NEWER TO OUR COMMUNITY, BUT IT IS OUT THERE AND IT'S BEEN PROMINENT IN THE MIDWEST FOR QUITE A WHILE.

SO IF THAT ALLEVIATES ANY CONCERNS WITH IT, I JUST WANTED TO SHARE THAT. THANK YOU.

>> PETITIONER, YOU CAN GO AHEAD AND SIT DOWN.

THANK YOU. GO AHEAD, BRAD.

>> COUNSELOR, IS THERE A CONDITION OR A PROVISION IN INDIANA CODE THAT THE PART OF -- THE PART OF INDIANA CODE THAT PREDISPOSES BOARDS LIKE OURS TO APPROVE THESE TYPES OF SPECIAL EXCEPTIONS THAT CARRIES CONDITIONS REGARDING THE TYPE OF OPERATION OR THE COMPOSITION OF THE RESIDENTS?

>> I'M NOT AWARE OF SUCH OF INDIANA CODE LIKE THAT, BUT OUR OWN UDO DOES PROVIDE CERTAIN CONDITIONS THAT YOU CAN IMPLENTYIMPLEMENT BUT NONE OF TM RELATE TO THE TYPES OF RESIDENTS NECESSARILY, ESPECIALLY WHAT HAS BEEN PROPOSED AS ELDERLY AND DISABLED. SO OUR UDO DOES NOT IMPOSE ANY

LIMITATIONS ON THAT. >> SIR, I APOLOGIZE, I DON'T

REMEMBER WHAT YOUR NAME WAS. >> JACK.

>> JACK, COULD YOU APPROACH THE DAIS?

>> SURE. ARE YOU A RESIDENT OF THE

NEIGHBORHOOD? >> YES, SIR.

I'M ABOUT 300 FEET FROM IT. >> OKAY.

SO DAVE, I THINK IT WAS CONNELLY?

>> CONNELLY. >> DAVE MENTIONED ABOUT WHO OWNED THE PREVIOUS HOUSE AND HOW MANY OCCUPANTS THERE WERE.

WHAT'S YOUR RECOLLECTION? >> THAT IS CORRECT.

I REMEMBER THAT. THEY WERE -- IT'S VERY -- HE CAN EXPLAIN IT, HE LIVES NEXT DOOR, BUT THERE'S NOT THAT CASE AS THEY DESCRIBED IT. THERE'S KIDS THAT WOULD STAY THERE ON THE WEEKEND BUT THEY DIDN'T LIVE THERE, AND THERE WERE DIVORCED -- TWO MEN THAT LIVED THERE, AND THEY WERE DIVORCED AND THEIR KIDS WOULD COME IN BUT THEY DIDN'T LIVE

THERE ALL THE TIME. >> AND WHO LIVED THERE PRIOR TO

THAT? >> BARBARA KURTZ.

SHE WAS A LADY -- SHE MOVED IN WHEN WE MOVED IN, AND HER HUSBAND PASSED AWAY AND SHE'S PASSED AWAY, THEY LIVED, THE TWO

OF THEM THERE, IN THAT HOUSE. >> FOR 30, 40 YEARS?

>> OH, AS LONG AS WE DID. 49 YEARS.

>> THANK YOU. >> I CAN'T SAY ANYTHING ELSE?

>> NO. >> THAT COMMENT --

>> YOU CAN ONLY ANSWER QUESTIONS --

>> I GOT IT, I GOT IT. >> SO WE FIND OURSELVES IN A SOMEWHAT PECULIAR POSITION BECAUSE WE HAVE A CASE THAT HAS A FAVORABLE RECOMMENDATION, WE NOW UNDERSTAND THAT, BUT WE ALSO HAVE A SET OF FINDINGS OF FACT FROM OUR PETITIONER WHICH I HESITATE TO CALL A SET OF FINDINGS OF FACT.

AND I'M CHALLENGED BY THESE BECAUSE -- FOR SEVERAL REASONS.

FIRST, MY UNDERSTANDING IS THAT THE HOUSE WAS OWNED BY ONE INDIVIDUAL AND HE HAD THREE CHILDREN, THERE WERE NEVER EIGHT PEOPLE, INDIVIDUAL PEOPLE LIVING THERE, AND, YOU KNOW, DO YOU HAVE FACT IN SOME KIND OF FORMAT, PETITIONER, THAT YOU CAN CLEARLY INDICATE? WHO TOLD YOU THIS?

BECAUSE THIS IS HIGHLY SUSPECT. >> THERE WERE TWO ADULT MEN

[00:55:09]

UNRELATED -- >> CAN YOU COME UP HERE?

>> IN THE REAL ESTATE TRANSACTION, WE TALKED WITH THE SELLERS DAILY FOR A MONTH. IT WAS TWO ADULT MEN WHO LIVED IN THE HOUSE WHO WERE UNRELATED, NOT MARRIED, AND EACH OF THEM HAD THREE CHILDREN, WHICH MAKES EIGHT PEOPLE.

IF YOU PULL UP THE HOUSE ONLINE, YOU CAN STILL SEE THE PICTURES OF ALL THE DIFFERENT BEDROOMS WITH EIGHT BEDS.

THAT IS WHO LIVED THERE. WE SPOKE WITH THEM, WE WERE THERE WITH THEM, THE REALTOR WHO SOLD THE HOUSE WAS ALSO THE OWNER OF THE HOUSE. SO THERE WAS EIGHT PEOPLE LIVING IN THAT HOUSE. NOW, IF SOME OF THE KIDS WENT TO THE OTHER PARENTS' HOUSE EVERY OTHER WEEKEND AND CAME BACK, GREAT, BUT THERE WERE STILL EIGHT PEOPLE OCCUPYING THAT HOUSE, AND THERE WAS NO COMPLAINT ABOUT THOSE EIGHT

PEOPLE LIVING IN THAT HOUSE. >> SO I WALKED THE NEIGHBORHOOD, I THINK I MET ONE OF YOUR SUPPORTERS THERE AND I WALKED THE OTHER NEIGHBORHOOD AS WELL, AND I TALKED TO PEOPLE BECAUSE THIS IS REALLY AN IMPORTANT ISSUE TO ME.

AND THEY TOLD ME THAT -- THEY TOLD ME WHEN I WAS TALKING TO THEM, I WASN'T TALKING TO THEM ABOUT THIS CASE, I WAS JUST SAYING, HEY, YOU KNOW, I'M LOOKING AROUND, I WANT TO UNDERSTAND WHAT'S GOING ON AROUND HERE, WAS THERE EIGHT PEOPLE LIVING THERE OR NOT, AND THEY GAVE ME THE NAME OF THE PERSON THAT OWNED IT. I TALKED TO THE PERSON THAT OWNED IT. AND IT WAS ONLY HIM AND THREE OF

SO YOU'RE SAYING -- >> THAT'S NOT THE CASE.

>> THAT THEY'RE NOT STATING THE TRUTH --

>> THERE MAY BE PERSONAL REASONS THAT I'M NOT GOING TO GET INTO THAT I WOULD TELL YOU WHY IT WAS HIM AND HIS THREE KIDS, WITH YOU THERE WERE EIGHT PEOPLE OCCUPYING -- IF YOU PULL UP ZILLOW AND PULL UP THE PICTURE OF THE HOUSE, YOU BE COUNT THE BEDS. THERE ARE EIGHT DIFFERENT PEOPLE

LIVING IN THAT HOUSE. >> YOU'RE USING THIS AS PART OF YOUR LOGIC ON YOUR FINDINGS OF FACT FOR US TO SUPPORT THIS, BUT WE'RE HEARING DIRECTLY FROM THE NEIGHBORS WHO ARE THERE, LIVING THERE, WE HAD TWO PEOPLE TONIGHT INDICATE -- CAN YOU GO AHEAD AND SIT DOWN. INDICATE THAT THESE ARE NOT REALITY TO THEM. AND THEY LIVE THERE.

ALL THE TIME. FOR THE LAST 30 YEARS, 20 YEARS.

I MEAN, IT'S -- I'M TRYING TO FIGURE OUT WHY THIS IS CALLED A FINDINGS OF FACT WHEN WE REALLY DON'T KNOW IF THEY'RE FACTS OR NOT. ON THE ISSUE RELATIVE TO THE LOCATION, THIS -- YOU USED 3315 BEACH DRIVE.

AND I WENT OVER TO BEACH DRIVE AND THERE IS A GROUP HOME THERE.

BUT IT'S -- YOU'RE USING THAT AS AN EXAMPLE, BUT THAT GROUP HOME LAS A HAS A 10-SPOT PARKING PAV. 10 SPOTS FOR PARKING.

IT'S TOTALLY DIFFERENT THAN WHAT YOU'RE REPRESENTING, YOU'RE REPRESENTING THIS FROM AN IMPACT STAND POINT AND VALUE STANDPOINT, BUT THAT NEIGHBORHOOD THAT'S AROUND THERE IS NOT BEING IMPACTED LIKE YOUR FACILITY WOULD IMPACT THEIRS NECESSARILY BECAUSE IN THAT INSTANCE, THEY HAVE A PARKING LOT AND IT'S 10 CARS AND THE FIRST HOUSE WHEN YOU TURN IN TO THE FACILITY, OR TO THE -- ON TO THE ROAD, ON BEACH DRIVE.

SO YOUR ARGUMENTS IN YOUR FINDINGS OF FACT DON'T JIVE WITH THE WAY YOU WANT US TO RULE. IN FACT, THEY ARGUE AGAINST YOUR REQUEST. YOU KNOW, THERE'S PARKING.

YOU'RE NOT GOING TO HAVE ANY PARKING.

WHY DO THEY HAVE 10 PARKING SPOTS? WELL, BECAUSE APPARENTLY THEY NEED THE 10 PARKING SPOTS BECAUSE NOBODY WANTS TO SPEND MONEY ON SOMETHING THEY DON'T NEED. YET YOU'VE REFERENCED THAT AS YOUR EXAMPLE. THAT'S CONFLICTING TO ME.

THAT'S NOT APPLES AND APPLES HERE.

SO FOR ME, YOU KNOW, I AM CHALLENGED HERE NOT ON THE USE, BECAUSE THAT IS A PROTECTED USE, BUT THE CIRCUMSTANCES AND THE VALIDITY OF THAT LOCATION AND THE METHODS IN WHICH WE'RE USING TO VALIDATE THAT THIS WILL NOT HAVE AN IMPACT, VEHICULAR OR PEDESTRIAN TRAFFIC IN AND AROUND THE PREMISES WILL NOT BE SUBSTANTIALLY AFFECTED. WELL, THE EXAMPLE AS I MENTIONED YOU GAVE WAS WHAT I BELIEVE TO BE A VERY POOR ONE.

I DON'T THINK THAT'S A GOOD REPRESENTATION AND I AM CONCERNED THAT, YOU KNOW, THE NEIGHBORS ARE GOING TO BE IMPACTED BY PARKING AND TRAFFIC. SPECIAL EXCEPTION WILL BE COMPATIBLE WITH EXISTING LAND USES IN THE NEIGHBORHOOD BECAUSE, THEN YOU TALK ABOUT THE HOUSE HAD EIGHT PERSONS TO LIVE IN THIS HOUSE, AND THEY WERE INDEPENDENT PEOPLE.

[01:00:03]

I CAN'T SEE HOW I COULD VOTE IN FAVOR BECAUSE I DON'T FIND THE FINDINGS OF FACT TO BE FACTUAL IN NATURE.

AND THE FINDINGS OF FACT DO NOT SUBSTANTIATE YOUR REQUEST FOR CHANGE AT THIS LOCATION. THEY WOULD SUBSTANTIATE PERHAPS IN A DIFFERENT LOCATION, BUT THOSE FINDINGS OF FACT ARE NOT WAY YOU'VE USED THE EXAMPLES ONLY MAKES ME MORE -- IT'S MORE OBVIOUS TO ME THAT THIS IS NOT THE APPROPRIATE LOCATION FOR THIS USE. AND IT'S ONLY BECAUSE OF THE FACT THAT YOU PROVIDED. SO WITH THAT, THAT'S MY POSITION ON THE TOPIC, AND WE'LL HAVE MORE DISCUSSION, I'M SURE.

DOES SIB SOMEBODY WANT TO MAKE A MOTION?

>> I'LL MAKE A MOTION. I'LL MAKE A MOTION TO APPROVE DOCKET NUMBER PZ-2022-00208SE WITH THE FOLLOWING COMPANIES. C, ADWRETIONS THE REMAINING TAC REVIEW COMMENTS BEFORE THE ISSUANCE OF THE REMODEL PERMIT, AND THAT THE PETITIONER COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS AND RESTRICTIVE COVENANTS AND LIMITATIONS AS IT RELATES TO UDO SECTION 9.08E3.

I WILL ALSO TACK ON ONE OTHER CONDITION HERE THAT I BELIEVE MR. POTAZNAK MENTIONED AND I WOULD MAKE A LIMIT OF A FIVE-YEAR TERM ON THAT BEFORE IT WOULD HAVE TO COME BACK TO THE

BZA. >> DO WE HAVE A MOTION.

LOOKING FOR A SECOND. >> I'LL SECOND THE MOTION AND MOVE TO AMEND THE MOTION TO ADD THAT THE SPECIAL EXCEPTION WILL NOT -- THAT PETITIONER -- THAT THIS BE CONDITIONED ON THE SPECIAL EXCEPTION NOT RESULTING IN A VIOLATION OF ANY LIMITATIONS OR PROHIBITIONS IMPOSED BY HOA RESTRICTIONS OR

COVENANTS. >> THAT'S ACCEPTABLE.

I AGREE WITH THAT. THANK YOU FOR MENTIONING IT.

>> ALL RIGHT. THANK YOU, GENTLEMEN.

WE HAVE A MOTION AND SECOND. SO LET'S DO THIS BY HAND, PLEASE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. WE HAVE TWO IN FAVOR.

THREE IN FAVOR? ANYONE OPPOSED? TWO OPPOSED. SO THE MOTION CARRIES, THE GROUP HOME WILL BE PERMITTED, THREE IN FAVOR, TWO OPPOSE.

WE DO HAVE MORE BUSINESS SO IF YOU COULD CLEAR OUT, THAT WOULD BE GREATLY APPRECIATED. WE'VE GOT MORE BUSINESS TO CONDUCT, SO IF YOU COULD PLEASE LEAVE.

LEAVE THE ROOM, PLEASE. WE'LL CONTINUE TO LET THIS CLEAR

[01:05:16]

ALL RIGHT. NEXT ITEM ON THE AGENDA IS THE

[H. (V) Pruett Residence, Home Occupation Variance. ]

THE APPLICANT SEATS THE FOLLOWING DEVELOPMENT STANDARDS VARIANCE APPROVAL, DOCKET NUMBER PZ2022-00243V, UDO SECTION 5.18, HOME OCCUPATION STANDARDS BACKYARD AREA REQUESTED TO BE USED. THE SITE IS LOCATED AT 13787 HICKORY RIDGE COURT SPRINGMILL CROSSING SUBDIVISION LOT 163, IT IS ZONED S2/RESIDENCE FILED BY STEVEN LAMMERS OF MRL ON BEHALF OF CARY AND CARRIE PRUETT, OWNERS.

AND YOU HAVE -- THANK YOU FOR BEING HERE.

YOU HAVE 15 MINUTES IF YOU NEED IT.

>> THANK YOU. WE WILL BE -- I WILL NOT BE THE ONLY SPEAKER IN OUR 15 MINUTES. MY NAME IS ATTORNEY STEVE LAMMERS. GOOD EVENING.

FIRST I WANT TO INTRODUCE THE HOMEOWNERS WHO ARE SEEKING THIS VARIANCE. IT IS INDEED CARY AND CARRIE PRUETT, THEY'RE A FAMILY WITH TWO CHILDREN, A BOY AND A LITTLE GIRL AND THEY LIVE AT 13787 HICKORY RIDGE COURT IN CARMEL. COACH CARY, AS WE REFER TO HIM, IS NOW PURSUING HIS PASSION IN COACHING AND TRAINING KIDS IN SOCCER AND AJULT TRAINING. COACH CARY WAS PREVIOUSLY A TEACHER AT WESTFIELD HIGH SCHOOL.

HE HELD HIS TEACHING LICENSE FOR ABOUT 10 YEARS BEFORE GIVING IT UP TO PURSUE HIS PASSION IN WORKING WITH CHILDREN.

I THINK IT'S IMPORTANT TO TALK ABOUT KIND OF HIS PHILOSOPHY, WELL, LET ME JUST GET TO THE SPECIFICS OF WHAT THEY'RE SEEKING. COACH CA CARY HAS LAID TURF IN S BACKYARD, HE WAS PROACTIVE WITH THE HOMEOWNERS ASSOCIATION IN GETTING THE SPACE FOR HIS BACKYARD WHICH WAS APPROVED.

AT FIRST HE DID NOT FORESEE THIS AS BEING HIS ONLY OCCUPATION IN PURSUING THIS TYPE OF WORK. HOWEVER, COACH CARY IS REALLY GOOD AT WHAT HE DOES. HE'S A LOT OF PEOPLE HERE TO SUPPORT HIM, HIS KIDS ARE HERE TO SUPPORT HIM, AND IT BECAME MORE OF A BUSINESS. IT WENT -- WE ARE SEEKING A VARIANCE OF UDO SECTION 5.18, THE HOME OCCUPATION STANDARDS.

THE LAW ALLOWS FLEXIBILITY IN THESE TYPES OF SITUATIONS TO ALLOW A VARIANCE TO BE GRANTED IN THESE TYPES OF SITUATIONS, AND WE ARE COMING TO THE BOARD WITH CONDITIONS THAT WE ARE WILLING TO IMPOSE ON TO HOPEFULLY ADDRESS -- IT WON'T BE ALL OF THE CONCERNS BECAUSE I'M SURE YOU WILL HEAR SOME OPPOSITION TONIGHT, BUT TO ADDRESS THE CONCERNS OF THE NEIGHBORS. NOW, I WANTED TO TALK ABOUT HIS PHILOSOPHY AS A COACH. AND I'VE GOTTEN A CHANCE TO KNOW HIM AS WELL BECAUSE HE HAS GOTTEN TO KNOW MY STEPSON WHO IS A GROWING SOCCER PLAYER WHO PLAYS IN CARMEL DADS CLUB AND COACH CARY HAS WORKED WITH HIM A LITTLE BIT.

THERE'S FAR MUCH MORE OVERWHELMING SUPPORT FOR THIS THAN THERE IS OPPOSITION. WE'VE SUBMITTED OVER 20 LETTERS OF COMMUNITY MEMBERS IN SUPPORT, SEVERAL OF WHOM ARE HERE TONIGHT. COACH CARY'S PHILOSOPHY IS PERSON OVER PLAYER. HE IS NOT JUST DEVELOPING SKILLS IN THESE YOUNG KIDS OR YOUNG ADULTS.

HE NURTURES THE YOUTHS IN DEVELOPING SKILLS TO BECOME PRODUCTIVE MEMBERS OF SOCIETY, AND I'VE SEEN IT IN MY OWN STEPSON. HE IS A POSITIVE ROLE MODEL, AND IF YOU REVIEW THE 20 LETTERS WHICH I'M SURE YOU HAVE, COACH CARY HAS TALKED ABOUT BEING RESPECTFUL, AN AMAZING HUMAN, NURTURING TODAY'S YOUTHS. HIS METHODS EXCEED STANDARDS.

HE HAS A HEART FOR KIDS OF ALL AGES.

HE IS ENCOURAGING, AIDING, HE HELPS WITH SELF-ESTEEM, HE IS HELPFUL. WHEN I MOVED HERE, I'M A RESIDENT OF CARMEL AS WELL, I'VE BEEN PRACTICING LAW FOR OVER 15 YEARS, I'M IN A LAW FIRM HERE IN CARMEL, BUT WHEN I MOVED HERE TO CARMEL, WHAT I WANTED FOR MY CHILDREN WAS A PLACE, OF COURSE, WITH GOOD EDUCATION, A GOOD COMMUNITY, GOOD PLACE TO GROW UP, BUT I ALSO WANTED A NEIGHBORHOOD WHERE THEY FELT SAFE, WHERE THEY CAN RUN AROUND AND PLAY, WHERE THEY CAN BE KIDS. SOME OF MY BEST MEMORIES GROWING UP, PLAYING GAMES IN THE YARD, PLAYING BACKYARD SOCCER, PLAYING

[01:10:03]

HE'S WILLING TO LIMIT IT EVEN FURTHER AND IN RESPONSE TO DEPARTMENT RECOMMENDATIONS, WILLING TO LIMIT IT, AND THE POINT IS WHAT I BROUGHT ABOUT COMMUNITY AND KIDS GROWING UP IS THAT THE NOISES YOU HEAR IN THE BACKYARD AND YOU WOULD HEAR IN THIS TYPE OF ENVIRONMENT IS NO DIFFERENT THAN KIDS PLAYING.

KIDS PLAYING BASKETBALL, SOME OF MY -- I LOVE SITTING ON MY BACK PORCH AND MY BACK SCREENED HAD-N PORCH AND HEARING THE NOISES IN THE NEIGHBORHOOD AND HEARING THE SQUEALS AND DELIGHT.

WHAT'S DIFFERENT ABOUT COACH CARY HERE IS THIS IS SUPERVISED PLAY. THERE'S NO MEGAPHONES, THERE'S NO WHISTLES, THERE'S NO SHOUTING, THERE'S NO YELLING.

COACH CARY, BEING A GOOD HUMAN BEING A GOOD HUMAN BEING A GOOD NEIGHBOR HAS REACHED OUT TO HIS NEIGHBORS TO LIMIT THE NOISE, TO LIMIT WHAT CAN BE DONE SO THAT WE CAN TRY TO COME TO A COMMON UNDERSTANDING HERE. BUT MY POINT IS, THIS IS NOT A NUISANCE. THIS IS NOT -- THIS IS NOT SOMETHING NEGATIVE FOR THE COMMUNITY.

THIS IS, IN FACT, ENHANCING THE COMMUNITY TO ALLOW YOUNG PEOPLE OUTLET'S OTHER THAN SITTING AT HOME AND PLAYING VIDEO GAMES ALL DAY FRANKLY. IT'S ALLOWING KIDS TO BE ACTIVE, THEIR ABILITIES. SO SOME OF THE OTHER CONCERNS THAT PEOPLE HAVE ADDRESSED, WE'VE TALKED ABOUT NOISE.

AGAIN, COACH CARY WILL CONTINUE TO BE A CONSCIENTIOUS NEIGHBOR, WILL KEEP NOISE TO A LIMITED LEVEL.

HE'S WILLING TO LIMIT THE TIME OF DAY THAT THIS WILL HAPPEN.

WE'RE SO TO SPEAK LUCKY TO LIVE IN THIS TYPE OF ENVIRONMENT BECAUSE THE LIMITATIONS ARE IMPOSED BY WEATHER ALREADY ON US WITH THE LONG WINTER MONTHS, AND -- BUT HE IS WILLING TO LIMIT IT FROM -- HE'S EVEN WILLING TO GO FARTHER THAN WHAT WE STATED IN OUR PETITION AND WILLING TO DO IT FROM 10:00 TO 7:00 P.M. HE'S WILLING TO LIMIT LESSONS TO SIX LESSONS A DAY. HE'S WILLING TO LIMIT THE NUMBER OF PLAYERS OR TRAINEES TO TWO PLAYERS PER SESSION.

NEIGHBORS WILL STILL BE ABLE TO ENJOY THEIR BACKYARD, STILL BE ABLE TO ENJOY THEIR PROPERTY. THIS DOESN'T CHANGE THE NATURE OF THE NEIGHBORHOOD. IT'S A BACKYARD, YOU CAN'T EVEN -- YOU CAN SORT OF SEE IT WHEN YOU WALK UP TO THE HOUSE BUT IT'S NOT SOMETHING WHERE IT'S AN ADVERTISED -- SOME OF THE LETTERS IN OPPOSITION TALKED ABOUT A SOCCER STADIUM.

THAT'S NOT THE ENVIRONMENT OF WHAT THE BACKYARD IS.

THIS IS A SMALL STRUCTURED TRAINING SPACE THAT HE USES QUITE WELL, AND THAT THE KIDS ENJOY.

TRAFFIC. YES, THERE MIGHT BE SOME ADDITIONAL TRAFFIC. BUT NO DIFFERENT THAN A KID HAVING A BIRTHDAY PARTY OR COMING AND GOING, HOWEVER -- HE'S WILLING TO LIMIT PARKING TO HIS DRIVEWAY.

THE TRAFFIC WON'T BE SUCH THAT IT'S GOING TO CAUSE A NUISANCE FOR NEIGHBORS. CARS WILL BE COMING TO THE DRIVEWAY, PARKING IN THE DRIVEWAY.

A LOT OF TIMES PARENTS STAY AND WATCH THEIR KIDS IN THE TRAINING SESSION, THEN THEY'LL LEAVE. THERE WILL NOT BE PARKING ON THE STREET AS COACH CARY IS WILLING TO LIMIT THE PARKING TO HIS DRIVEWAY. THE CONCERNS SEEM TO BE WITH THE INTENSITY OF THE ACTIVITY. WHAT I MENTIONED BEFORE WAS THAT WITH THE WINTER MONTHS IT'S VIRTUALLY IMPOSSIBLE TO HAVE A LOT OF TRAINING DURING THE WINTER MONTHS.

SURE THERE WILL BE MORE TRAINING DURING THE SUMMER MONTHS, BUT AGAIN, HE'S WILLING TO STOP TRAINING AT 7:00 P.M.

IT DOESN'T GET DARK OUT IN JULY UNTIL AFTER 9:00 P.M. ON MOST NIGHTS. CERTAINLY PEOPLE CAN CONTINUE TO ENJOY THEIR SPACE. BUT WHAT ARE WE TALKING ABOUT AGAIN? WE'RE TALKING ABOUT NOISES OF KIDS PLAYING IN THE BACKYARD, WHICH IS JOYFUL NOISE, WHICH IS GOOD NOISE. PEOPLE ARE CONCERNED ABOUT SOCCER BALLS BEING BOUNCED AGAINST A WALL, WHICH IS NO DIFFERENT THAN AS HOOSIERS SHOOTING HOOPS.

COACH CARY HAS TWO SMALL KIDS WHO TAKE NAPS.

THEY DON'T WAKE UP DURING HIS SOCCER TRAINING.

THAT'S JUST AN EXAMPLE THAT HE IS CONSCIENTIOUS, NOT JUST BECAUSE OF HIS KIDS BUT BECAUSE OF HIS NEIGHBORS.

ONE LETTER, I KNOW THEY'RE HERE BUT I WANT TO HIGHLIGHT IT, IT'S

[01:15:01]

THEY FULLY SUPPORT IT. THEY ARE EXPOSED TO IT IMMEDIATELY. THEY BACK UP RIGHT BETWEEN THEIR HOME AND IF YOU LOOK AT THE ADJOINING MAP, THEY SHARE THE MOST PROPERTY LINE OUT OF ANYONE HERE.

HE'S RESPECTFUL. THEY TALK ABOUT HOW COACH CARY MAINTAINS HIS PROPERTY WITH PRISTINE CARE, HIS STUDENTS ARE NOT LOUD, THEY'RE RESPECTFUL IF A BALL DOES HAPPEN TO COME OVER A FENCE. AND IT'S NOTED THAT THEY SPEND A LOT OF TIME IN THEIR YARD. THEIR HUSBAND WORKS FROM HOME ON THE BACK PORCH AND AT NO TIME DID THEY CAUSE THEM DISTRESS OR DISTRACTION. LIKE I SAID, THERE'S FAR MUCH MORE SUPPORT THAN OPPOSITION FOR THIS.

I THINK YOU AS A BOARD, AS A BZA BOARD ALLOWS FOR FLEXIBILITY IN THIS TYPE OF SITUATION TO ISSUE A VARIANCE TO THE HOME OCCUPATION STANDARD. THERE IS A PRACTICAL LIMITATION IN COMPLYING WITH THIS ORDINANCE.

IT'S REALLY DESIGNED FOR INDOOR BUSINESSES, BUT IT DOES STATE THAT THERE SHALL BE NO NOISE AND WE ARE SEEKING A VARIANCE TO ALLOW THIS SUPERVISED PLAY ACTIVITY.

I'D LIKE COACH CARY TO SAY A FEW WORDS BEFORE OUR TIME IS UP.

>> AS STEVE STATED, I'M CARY PRUETT OR COACH CARY AS MOST OF YOU KNOW ME. I'LL BE BRIEF.

YOU GUYS READ THE LETTERS. CLEARLY I HAVE A PASSION FOR WORKING WITH THE YOUTH, YOU KNOW, SOME OF THEM ARE HERE TONIGHT. I'VE SPENT THE LAST 12 YEARS TEACHING SPANISH, COACHING SOCCER, AND AFTER THOSE 12 YEARS, I REALIZED THERE WAS A WAY, POTENTIALLY, FOR ME TO CONNECT WITH THEM MORE ONE ON ONE, YOU KNOW, AND IT STARTED AS A SIDE BUSINESS, AND GOT BIGGER THAN I EXPECTED.

BUT THE PASSION HAS ALWAYS BEEN THERE, AND I THINK THE LETTERS SPEAK FOR THAT. THE SECOND IMPORTANT PART THAT IS MAYBE MISSED BY SOME NEIGHBORS THAT DON'T KNOW ME WELL ENOUGH YET, I BELIEVE 100% IN AN ACTIVE OUTDOOR LIFESTYLE, AND ALL OF THOSE SAME SOUNDS WILL CONTINUE WITH OR WITHOUT -- I DON'T MEAN THAT IN A NEGATIVE WAY.

JUST -- I GREW UP OUTSIDE PLAYING BALL, PLAYING SOCCER ALL THE TIME. AND WE'VE GOT TWO LITTLE ONES.

SO I TRULY BELIEVE THE SAME SOUNDS WILL CONTINUE.

AND MY WIFE AND I CHOSE SPRINGMILL CROSSING BASED OFF THOSE SOUNDS. YOU KNOW, WE'VE GOT A LOT OF CLOSE FRIENDS THERE, AND SPENT A LOT OF TIME THERE PRIOR TO BUYING OUR HOUSE. AND WE LOVED SEEING KIDS OUTDOORS. AS A HIGH SCHOOL TEACHER FOR 12 YEARS, YOU KNOW, A LOT OF KIDS NOWADAYS DON'T GET OUTSIDE AND I THINK NOW MORE THAN EVER, IT'S IMPORTANT.

YOU LOOK AT DEPRESSION RATES, YOU LOOK AT TEEN SUICIDE RATES, AND I THINK A LOT OF THAT CONNECTS TO SPENDING TIME HERE AND NOT TIME OUTSIDE, YOU KNOW, NOT TIME WITH FRIENDS, NOT TIME INTERACTING WITH PEOPLE, NOT MOVING.

SO WHEN I CREATED THIS OUTDOOR MULTIPURPOSE SPACE FOR MY FAMILY, AND YES, YOU KNOW, IT GOT BIG QUICKLY, I TRULY BELIEVE THOSE SOUNDS WILL CONTINUE NO MATTER WHAT.

AGAIN, NOT IN A NEGATIVE WAY, JUST THAT'S HOW I GREW UP AND THEY'RE WELL WITHIN THE REALM OF OUR NEIGHBORHOOD GUIDELINES AS WELL AS CARMEL GUIDELINES, THE SOUNDS, AS WELL AS THE VISUAL.

SO IF THOSE SOUNDS WILL EXIST NO MATTER WHAT, WHY WOULD WE NOT USE MY UNIQUE SKILLSET AND PASSION AND TALENT TO BENEFIT OUR YOUTH? IN MY NEIGHBORHOOD, IN CARMEL AS A WHOLE, AND THE YOUTH EVERYWHERE.

IT FEELS LIKE IF THERE WERE EVER A PURPOSE FOR A VARIANCE, THIS WOULD BE THE ONE. BECAUSE THE NEIGHBORHOOD WILL SOUND THE SAME REGARDLESS. THANK YOU.

AND WITH OUR REMAINING TWO MINUTES, I'M GOING TO LET MULLY

COME UP HERE AND SPEAK. >> MY NAME IS MULLY DANFORTH.

I'M A FIFTH GRADER. EVERY THURSDAY I GO TO COACH CARY'S AND EVERY THURSDAY I COME HOME WISHING I COULD HAVE STAYED LONGER. HE'S EASY GOING AND LET'S THE STUDENTS LEARN AT THEIR OWN PACE.

-- HE LIKES TO INTERACT WITH. TRAINING IN HIS BACKYARD IS GREAT FOR MANY REASONS. ONE, THERE IS A LOT MORE OPEN

[01:20:02]

SO EVEN IF YOU HAVE THE WORST AIM EVER, YOU'RE NOT GOING TO KICK IT INTO SOMEONE'S BACKYARD. AND EVERY PRACTICE HE TELLS ME THAT WHEN I TRAIN WITH HIM OUTSIDE, THAT'S THE ONE TIME WHEN I CAN KICK THE BALL AS HARD AS I WANT.

ALSO IT VERY CONVENIENT. HE LIVES REALLY CLOSE TO MY FAMILY, AND I CAN BIKE OVER THERE ACROSS SPRINGMILL ROAD.

TRAINING WITH COACH CARY GIVES ME THE OPPORTUNITY TO BE A LEADER. HE LETS ME MAKE THE DECISIONS.

WHAT DRILLS DO I WANT TO DO, WHEN DO I WANT TO STOP THE% DRILL, WHEN DO I WANT A WATER BREAK.

ON MY FIRST PRACTICE, I NEVER MET COACH CARY OR SEEN HIS YARD.

WHEN I GOT OUT OF THE CAR AND SAW HIS AMAZING TRAINING SPACE, I WAS SO EXCITED AND HIS ATTITUDE ABOUT SOCCER MAKES IT EVEN BETTER. AFTER TRAINING WITH HIM I'VE GOTTEN A LOT FASTER AND QUICKER. IF IT WEREN'T FOR HIM, I WOULDN'T BE AS CONFIDENT OR AS FAST AND QUICK AS I AM NOW.

COACH CARY HAS TAUGHT ME MANY THINGS IN THE TRAININGS THAT I'VE HAD WITH HIM. HE TAUGHT ME HOW TO DEFEND IN A ONE VERSUS ONE, HOW TO GET MORE POWER ON MY SHOT, AND HOW TO MOVE MY FEET TO GET A GOOD TOUCH.

BUT THE MAIN THING HE HAS TAUGHT ME IS THAT IT DOESN'T MATTER IF YOU'RE TALENTED OR NOT BUT IT MATTERS THAT YOU WORK HARD AND ARE PASSIONATE ABOUT WHAT YOU LOVE.

TO COACH CARY, SOCCER ISN'T JUST A HOBBY, IT'S PASSION, HARD WORK AND LIFE. [APPLAUSE]

>> ALL RIGHT. DO WE HAVE ANY SUPPORTERS HERE, RAISE YOUR HAND? WE ONLY HAVE 5 MINUTES.

SO YOU'RE EACH WELCOME TO -- YOU'RE EACH WELCOME TO HAVE 30 SECONDS. BUT FORM A LINE.

AND IF YOU'RE NOT IN LINE, YOU WON'T GET TO SPEAK.

SO HEAD OVER THERE, FORM THE LINE.

WHOEVER IS STANDING IN THE LINE, WE DIVIDE THE 5 MINUTES AMONGST THOSE PEOPLE. IF YOU'RE NOT IN LINE, YOU'RE NOT GOING TO GET TO SPEAK. SO RIGHT NOW WE'VE GOT THREE PEOPLE. ANYBODY ELSE GOING TO SPEAK? WE'VE GOT THREE PEOPLE CONFIRMED.

WE GIVE YOU EACH A MINUTE AND A HALF.

>> HI. MY NAME IS JACOB HEIDEN, RESIDENT OF SPRINGMILL CROSSING. I'VE KNOWN CARY FOR OVER SEVEN YEARS AND THOUGH HE IS NEW TO OUR NEIGHBORHOOD, WITHIN ABOUT A YEAR, WE'VE BEEN NEIGHBORS FOR A LONG TIME.

I'M GOING TO SKIP THROUGH THIS BECAUSE I CAN'T FOLLOW A FIFTH GRADER LIKE THAT. [LAUGHTER] I'M GLAD I GOT THE OPPORTUNITY TO COME HERE AND SUPPORT CARY.

I'M A FELLOW ENTREPRENEUR MYSELF, STARTED MY I.T. BUSINES OUT OF MY HOME IN SPRINGMILL CROSSING IN 2019.

AS A FELLOW ENTREPRENEUR, I'VE BEEN ABLE TO CONSULT WITH CARY ON CONCERNS AND A LOT OF OTHER ASPECTS OF HIS BUSINESS AND I'D LIKE TO JUST ADDRESS SOME OF THE CONCERNS AFTER REVIEWING ALL OF THE LETTERS TODAY THAT HAVE COME IN IN BOTH OPPOSITION AND SUPPORT. FIRST THE NOISE, I THINK THIS HAS KIND OF BEEN ADDRESSED THAT THIS IS NORMAL ACTIVE PLAY.

OUR STREET CONTAINS ABOUT 12 CHILDREN IN THE SURROUNDING HOUSES TO ME. IT IS PACKED WITH NOISE DAY IN AND DAY OUT. SOCCER IS A QUIETER SPORT THAN BASKETBALL, AND THE LITTLE BIT OF TIME THAT CARY USES TO TRAIN TO SHOOT THE BALL IS VERY MINIMAL, AND THE NOISE IS REALLY NO CONCERN MORE THAN ANY KIDS RUNNING AROUND.

NEXT IS THE CONCERN OF NUMBER OF LESSONS BEING TAUGHT.

I KNOW THERE'S BEEN EXCEPTIONS PRESENTED HERE THIS EVENING.

I KNOW THE LETTERS KIND OF MAKE IT SEEM LIKE CARY IS GOING TO BE TEACHING 70, 90 HOURS A WEEK IN SOCCER LESSONS.

THAT'S JUST NOT PRACTICAL. CARY AND I ALSO WORK OUT TOGETHER, AND HE'S SWEATING MORE AFTER SOCCER LESSONS WITH KIDS TTHAN HE IS IN OUR WORKOUTS. LASTLY, I JUST WANT TO ADDRESS THE FACT THAT CARY HAS AN INSANE PASSION FOR THAT.

VAIR YVARIANCE OR NOT, THIS WILL CONTINUE -- I HOPE IT IS TO MY KIDS AS WELL. THANK YOU.

>> MY NAME IS BRENT SANGWIS. MY SON DREW HAS TRAINED WITH CARY NOW FOR SEVERAL YEARS. I REMEMBER THE FIRST TIME MY SON TRAINED WITH CARY. I SHOWED UP, CARY IS A FORMER NEIGHBOR OF MINE, I SHOWED UP ABOUT AN HOUR LATER AND I CAN SPEAK TO THE FACT THAT THEY'RE BOTH DRENCHED IN SWEAT.

THEY BOTH WORK HARD. AND YOU KNOW, MY SON LOVED IT.

[01:25:04]

THEN WHO DO I SEE AT MY SON'S GAME BUT CARY.

HE CAME TO WATCH MY SON TO REALLY LEARN TO SEE WHAT ELSE HE CAN IMPROVE ON. NOW CARY TRAINS SEVERAL KIDS ON MY SON'S TIME, AND IT'S REALLY HELPED THEM ON THE FIELD.

HE USES HIS TEACHING BACKGROUND TO HELP MY SON WITH HIS SPANISH DURING A LESSON. YOU KNOW, HE SHOWS HIM HOW HARD TO WORK, HOW TO IMPROVE, AND HAS EVEN OFFERED TO TRAIN OTHER LOW INCOME KIDS ON MY SON'S TEAM FOR FREE.

HE LOVES DOING IT, AND DOES WHAT IT TAKES TO GET THOSE KIDS BETTER AND SHOW THEM THE LOVE OF THE GAME.

THANK YOU, CARY. >> HELLO.

MY NAME IS RYAN, I WAS REFERENCED IN THE LETTER AS THE NEIGHBOR DIRECTLY BEHIND THE PRUETTS.

AS IS KIND OF DESCRIBED, MY OFFICE WHERE I WORK FROM HOME IS ABOUT 25 FEET FROM THE FACILITY THEY'RE TALKING ABOUT.

AND YOU KNOW, I KNOW IT BEEN SAID MANY TIMES, BUT THE NOISE IS NOT A PROBLEM. IT'S THE SAME NOISE YOU'D HEAR FROM -- I MEAN, I THINK MY THREE KIDS PROBABLY MAKE MORE NOISE THAN THEY DO JUST PLAYING BASKETBALL OR WHATEVER.

SO I WORK OUT THERE ALL DAY, I TAKE A LOT OF PHONE CALLS, IT'S PART OF MY JOB, AND THE NOISE HAS NEVER BEEN AN ISSUE.

THE PLACE IS VERY CLEAN AND TIDY AND PROFESSIONAL, SO IT'S NEVER BEEN LIKE AN EYESORE AND I AGREE, IT'S NOT A Z SOCCER STADIUM, IT'S JUST A TURFED IN AREA WITH SOME EQUIPMENT FOR HELPING. SO IT LOOKS NIE IT'S QUIET, AND I THINK THE BIG THING IS CARY HAS COME OVER AND TALK TODAY ME ABOUT IT AND SAID HEY, IF THERE'S EVER ANYTHING YOU DON'T LIKE OR WE'RE NOT DOING BE SURE TO COME TALK TO ME, I'LL FIX IT RIGHT WAY. THEY'VE BEEN A GREAT FLAIB, I DON'T KNOW THEM AS LONG AS SOME OF THESE OTHER PEOPLE, THEY JUST MOVED IN LAST YEAR BUT THEY'VE ALWAYS BEEN PLEASANT, EASY TO WORK WITH AND SAID WE'LL DO WHATEVER WE CAN TO MAKE THIS A NICE FACILITY. THANKS.

>> ALL RIGHT, THANK YOU. AND REMONSTRATORS, SHOW OF HANDS. I SEE ONE, TWO, THREE, FOUR, FIVE. IF YOU'D GO AHEAD AND GET IN LINE. AND THEN WE'LL DIVIDE THE TIME BASED UPON THE NUMBER OF PEOPLE IN THE LINE.

YOU'VE GOT TO GET IN LINE OTHERWISE YOU'RE NOT GOING TO GET ANY TIME, BECAUSE IN THE PAST, WE HAVE PEOPLE POP UP SUDDENLY, IF YOU DON'T WANT TO TALK, THEN DON'T BE IN LINE.

BUT IF YOU WANT TO TALK, BE IN LINE NOW BECAUSE THAT'S HOW WE'RE GOING TO DIVIDE THE TIME. YOU'VE GOT 5 MINUTES EACH.

>> GOOD EVENING. MY NAME IS TANYA.

MY HUSBAND JIM AND I LIVE NEXT DOOR TO THE PRUETTS.

WE HAD ENJOYED OUR HOME BEING A PEACEFUL SANCTUARY FOR OVER 20 YEARS. FROM THE MANY LETTERS OF SUPPORT EXTOLLING PRUETT'S TEACHING AND COACHING SKILLS, THERE IS NO DOUBT THAT HE IS A GOOD TEACHER AND A GOOD COACH.

THAT IS NOT THE POINT OR WHY WE ARE HERE TONIGHT.

PREUT'S OUTDOOR SOCCER BUSINESS OR ANY OUTDOOR BUSINESS DOES NOT BELONG IN THE MIDDLE OF A SUBDIVISION AND IS NOT PERMITTED BY SECTION 5.18. THAT IS THE POINT.

SECTION 5.18 CLEARLY STATES THE DWELLING SHALL NOT BEAR ANY INDICATION FROM THE EXTERIOR THAT IT IS BEING UTILIZED IN WHOLE OR IN PART FOR ANY PURPOSE OTHER THAN A DWELLING.

THE HOME OCCUPATION SHALL BE CONDUCTED WHOLELY WITHIN THE DWELLING SUCH AS IF THERE IS NO OUTSIDE NOISE, VIBRATION, ODOR, SMOKE, DUST, GLARE OR ELECTRICAL DISTURBANCE.

WHEN PRUETT MOVED IN LAST SPRING, HE DID NOT TELL US OR OUR NEIGHBORS -- DID NOT LESS US OR OUR NEIGHBORS KNOW THAT HE PLANNED TO TEACH SOCCER LESSONS IN HIS BACKYARD.

INSTEAD, HE DELIBERATELY MISLED US BY TELLING US THAT HE WAS INSTALLING ASTROTURF IN HIS BACKYARD SO THAT HIS CHILDREN COULD PLAY OUTSIDE. NOR DID HE FOLLOW PROTOCOL AND SEEK A VARIANCE BEFORE HE BUILT AN ELEVATED SOCCER FIELD, TAKING UP MORE THAN HALF OF HIS BACKYARD AND BEFORE HE BEGAN AN OUTDOOR BUSINESS TEACHING DAILY SOCCER LESSONS.

PRUETT'S OUTDOOR SOCCER BUSINESS, WHICH HAS BEEN GOING ON FOR MONTHS, IS INDEED A NUISANCE.

HIS BUSINESS IS LOUD. KIDS KICK SOCCER BALLS INTO A RETAINING WALL HUNDREDS IF NOT THOUSANDS OF TIMES DURING A 12-HOUR PERIOD, DAILY. THUMP-THUD, THUMP-THUD, THUMP-THUD. THESE ARE NOT THE SOUNDS OF -- TYPICAL SOUNDS OF CHILDREN PLAYING.

[01:30:03]

ADD TO THAT, PRUETT GIVES INSTRUCTIONS LOUDLY WITH ENCOURAGEMENT FOR 60 MINUTES EACH HOUR.

YES, IT'S LOUD AND A NUISANCE FOR US.

PRUETT SCHEDULES BACK TO BACK LESSONS SO STUDENTS CAN COME AND GO INCESSANTLY. CARS ALSO COME AND GO, STAY PARKED IDLING. SOCCER BALLS ENTER OUR YARD AND THE YARD ON THE OTHER SIDE OF HIS HOUSE.

PRUETT SENDS HIS STUDENTS TO RETRIEVE THEM.

THE FLOODPLAIN HAS BEEN ALTERED BY THE ELEVATED CONSTRUCTION OF HIS SOCCER FIELD. WE NOW EXPERIENCE STANDING WATER AFTER IT RAINS AT THE SOUTHEAST CORNER OF OUR BACKYARD.

MOST IMPORTANTLY, OUR ABILITY TO ENJOY OUR HOME AND BACKYARD IN PEACE HAS BEEN TAKEN AWAY FROM US.

THE RESELLABILITY AND THE VALUE OF OUR HOME HAVE BEEN JEOPARDIZED. UNLIKE THE PETITIONER WHO HAS CHOSEN TO EMPLOY LEGAL COUNSEL, OUR POSITION UP TO THIS POINT HAS BEEN SIMPLY THAT THE UDO SECTION 5.18 SHOULD BE CLEARLY AND EXPEDIENTLY UPHELD BY THE CARMEL GOVERNMENT BODY WHICH OUR TAX DOLLARS SUPPORT. THE MATTER IS CLEAR AND SHOULD NOT REQUIRE LEGAL REPRES REPRESENTATION.

WE REQUEST THE VARIANCE BE DENIED IN TOTALITY.

WE ARE NOT INTERESTED IN CONCESSIONS.

WE EXPECT CARMEL TO UPHOLD THE WRITTEN UNIFIED ORDINANCE AGREEMENT TO WHICH ALL CURRENT OR PROSPECTIVE CARMEL PROPERTY OWNERS LOOK IN ORDER TO APPRAISE THE SUSTAINABILITY OF THEIR INVESTMENT IN CARMEL. SHOULD THIS COUNSEL DECIDE TO PER PERMIT A CLEAR VIOLATION TOE ESTABLISHED SECTION 5.18 HOME OCCUPATION STANDARDS IN THE PRESENT MATTER, YOU WOULD BE SETTING A PRECEDENT. THAT GOES AGAINST THE INTERESTS OF THE GREATER GOOD. CARMEL WOULD NO LONGER BE CARMEL. THANK YOU.

I'LL PASS THESE AROUND WHEN -- IF YOU'D LIKE TO SEE THEM AFTER

WE'VE SPOKEN. >> YOU CAN GO AHEAD.

>> HEY, EVERYBODY. I'M TERRY.

I LIVE ACROSS THE STREET FROM CARY AND CARRIE.

THIS HAS BEEN REALLY HARD FOR ME.

PROFESSIONALLY, I AM RESPONSIBLE FOR THE GROWTH, MERGER, ACQUISITION OF STARTUPS FOR A FORTUNE 5 COMPANY.

I UNDERSTAND THE IMPORTANCE OF STARTUPS, DISRUPTION AND ENTREPRENEURSHIP TO THE AMERICAN ECONOMY.

I'M ALSO JUST LIKE YOU GUYS. OUR OLDEST SON AND DAUGHTER EXPERIENCE TRAVEL ACROSS THE U.S. AND CANADA AND COLLEGE EDUCATION THROUGH HOCKEY AND SOCCER.

WE HIRED PRIVATE COACHING. AND I'VE BEEN WHERE YOU WANT TO GO. AFTER REVIEWING ALL OF THE RESPONSES AND WEIGHING MY EXPERIENCE IN ALL THE STAKEHOLDER POSITIONS, THE BZA SHOULD DENY THIS VARIANCE.

HOWEVER, THE MANDATE OF THE BZA CONCERNING 5.18 IS BASED ON SOMETHING OTHER THAN PLAYER DEVELOPMENT THROUGH PRIVATE COACHING. AND I DIDN'T PREPARE THIS, BUT THE PREVIOUS CONVERSATION TALKED ABOUT THE ELDERLY IN A HOME, AND WHAT WAS IMPORTANT FOR THE ELDERLY TO REMAIN SAFE AND HEALTHY AND HAVE A GOOD LIFE WAS THE HOME.

THAT SOLVED FOR SOCIAL ISOLATION AND DEPRESSION.

WHAT'S IMPORTANT FOR THESE KIDS, AND SOCCER IS NOT THE BACKYARD, IT'S CARY. IN A SUMMER MORNING CONVERSATION WHILE I WAS WORKING IN THE YARD, JIM RODABUSH, TANYA'S HUSBAND, WAS GETTING HIS 1,000 STEPS IN WALKING ON THE STREET.

THIS WAS THE SATURDAY MORNING AFTER THE FIELD LIGHTS WERE LIT WELL INTO THE EVENING ON A SUMMER NIGHT.

JIM ASKED ME TO DO SOMETHING ABOUT THE SOCCER BUSINESS BECAUSE THE NOISE AND THE DAMAGE WERE ESCALATING, AND HE DIDN'T KNOW HOW TO STOP THE ESCALATION. JIM FELT HELPLESS.

I WENT IN THE HOUSE AND I EMAILED THE HOA.

SO I'M THE PERSON WHO SENT ALL THE EMAILS TO THE CONTENT MANAGEMENT CYST TE. FOUNDATIONALLY, THERE NEEDS TO BE A RECORD OF AN HOA NEW CONSTRUCTION APPROVAL THAT FOLLOWS THE PROCESS OUTLINED BY THE HOA BYLAWS AND ARCHITECTURAL GUIDELINES. THEY STATE THAT THE HOA WAS APPROVED, IN FACT, IT IS NOT APPROVED BECAUSE THEY DID NOT FOLLOW THE GUIDELINES. AS GOVERNED BY SPRINGMILL CROSSING. I EMAILED THE HOA AND ASKED FOR PROOF OF DELIVERY OF THIS AND I DID NOT RECEIVE ANYTHING.

[01:35:01]

THEREFORE, IT'S OUR BELIEF THE HOA DID NOT APPROVE THE CONSTRUCTION PER THE BYLAWS, THUS, THERE IS NO APPROVAL.

ADDITIONALLY THE INTENDED USE COMMUNICATED BY THE PETITIONER TO THE HOA MULTIPLE TIMES WAS A YARD FOR THEIR CHILDREN TO PLAY IN AND NOT A SOCCER FACILITY. AND THE WORD "USE" IS VERY IMPORTANT HERE. THE DEPARTMENT REPORT DATED 1/23 STATES THAT A USE VARIANCE APPROVAL RATHER THAN A DEVELOPMENT STANDARDS VARIANCE FROM THE HOME OCCUPATION STANDARDS BE SUBMITTED. THERE ARE TWO OTHER RESPONSES THAT ARE NOT IN SUPPORT OF THIS VARIANCE, ALSO ARGUE THE NEED FOR A USE VARIANCE APPROVAL, AND THESE TWO RESPONSES WERE WRITTEN BY PRACTICING ATTORNEYS. THEREFORE, I'M ASKING THAT THE BZA CONSIDER SOME ADDITIONAL VARIANCE REQUESTS BEFORE MOVING FORWARD. FINALLY, A SUBMISSION POSITED A LEGAL ARGUMENT ON THE INTERPE INTERPRETATION OF THE WORD "SHALL" AND THIS VAIR YABS IS A REQUEST TO SET ASIDE THE MANDATE OF 5 MOINT 18. I'M ASKING YOU TO GET THIS RIGHT AND THIS ARGUMENT MUST BE CONSIDERED AS RELEVANT BECAUSE IT MAY OPEN FURTHER LITIGATION. SO WITH THIS, I'M PRAYING FOR YOU, AND I WROTE THAT I WANTED YOU TO READ THIS THOROUGHLY, YOU ALREADY COMMUNICATED THAT YOU DID, BUT AS I SHARED EARLIER, I PRAY THAT YOU DENY THE VARIANCE, AND IF YOU CANNOT FIND A REASON TO DENY THE VARIANCE, I ASK THAT YOU REQUEST ADDITIONAL SUBMISSION SUCH AS THE A USE OA VARIANCE SUBMISSION, REQUIRED APPROVAL VALIDATION SUCH AS THE HOA, THE APPLICANT TO PROVIDE PROOF SHOWING THAT THE USE IN VALUE OF THE AREA ADJACENT TO THE LAND IN THE VARIANCE NOT BE AFFECTED AVERSELY BY THE VARIANTS. VARIANCE, AND AN IMPACT ANALYSIS SETTING ASIDE THE MANDATE OF 5.18 ON THE CITY OF CARMEL.

THERE ARE A COUPLE OTHER THINGS BASED OFF OF THE ATTORNEY'S COMMENTS THAT I'D LIKE TO OFFER HERE.

OH, AND REQUESTING AN ENGINEERING REPORT TO UNDERSTAND THE IMPACT ON THE FLOODPLAIN AND UTILITIES.

I DID SPEAK TO CARY -- >> THANK YOU FOR ADHERING TO THE

RULES. >> YEP.

>> HI. GOOD EVENING.

MY NAME IS NANCY BACKRIDGE. I ALSO SUBMITTED A LETTER.

I LIVE DIRECTLY ACROSS THE STREET.

I HAVE BEEN A RESIDENT FOR ABOUT 20 YEARS.

I MYSELF, FOUR CHILDREN, GREW UP, RAISED, TWO OF MY CHILDREN PLAYED SOCCER. I'VE SPENT MY LIFE COACHING, ASSISTING, HELPING IN CLASSROOMS, SO I GET ALL OF THAT. I'M NOT HERE TO QUESTION COACH CARY'S COACHING ABILITIES, HIS DESIRE TO WORK WITH CHILDREN, KNOB OF THAT. NONE OF THAT.

I'M HERE AS A HOMEOWNER WHO ALSO HAD FOUR VERY LOUD, VERY NOISY CHILDREN MYSELF GROWING UP. MY CONCERNS HERE ARE KIND OF I DON'T WANT TO TAKE THE TIME TO ECHO WHAT EVERYBODY ELSE HAS SAID BECAUSE I THINK WE'RE ALL SAYING THE SAME POINT AND TO YOUR POINT, YOU'VE READ OUR LETTERS.

I THINK A LOT OF WHAT I'VE HEARD TONIGHT AND WHAT I'VE READ AS WELL, YOU'RE TALKING ABOUT SUPPORT FROM PEOPLE WHO AREN'T DIRECTLY AFFECTED BY THIS. I LIVE ACROSS THE STREET, IN MY HOME, IT'S THUD, THUD, THUD. I MEAN, TO SAY WE DIDN'T KNOW THIS WAS GOING TO GROW AND TURN INTO A BUSINESS, I MEAN, WITH ALL DUE RESPECT, IF YOU LOOK ON THE INTERNET, THERE WAS A FACEBOOK SITE FOR THIS BUSINESS OPERATING AT THE PREVIOUS ADDRESS. SO I DON'T THINK THAT I AGREE THAT IT WAS NOT AN INTENT TO GROW A BUSINESS.

AND I THINK IT EVEN SPEAKS TO HE IS A GREAT COACH.

THIS IS GOING TO CONTINUE TO GROW.

WE LIVE ON A CUL DE SAC, THERE'S EIGHT HOMES, TIGHT LOTS.

I'M OUTDOORS ALL THE TIME MYSELF.

I LOVE TO BE OUTSIDE. I GARDEN, I WORK OUTSIDE IN MY YARD. I'M ALWAYS OUTSIDE.

I ENTERTAIN OUTSIDE. IT'S A NUISANCE.

IT'S A NUISANCE. THAT'S JUST HOW I FEEL.

AND AGAIN, I DON'T NEED TO EXPLAIN TO YOU IN CONSULTING WITH OTHERS IN THE LEGAL AS EVERYBODY'S POINTED OUT, THIS CONTRADICTS 5.18, WHICH YOU DON'T NEED ME TO SPEAK TO THAT EITHER. I AM NOT AN ATTORNEY.

AGAIN A CONCERN, IF THIS GOES FORWARD, WHAT NEXT? WHAT ARE YOU GOING TO OPEN THIS UP TO? THERE'S DOGS ALL THROUGH THE NEIGHBORHOOD.

I HAVE ONE MYSELF. THERE'S DOGS ALMOST IN EVERY

[01:40:01]

THIS NEIGHBORHOOD IS FULL OF CHILDREN.

THAT IS WHY I MYSELF MOVED HERE 20 YEARS AGO.

I GREW UP IN THE AREA, I'M VERY FAMILIAR WITH RUNNING AROUND AFTER DARK, YOU KNOW, PLAYING GHOST IN THE GRAVEYARD, GETTING INTO PEOPLE'S YARDS. SO I UNDERSTAND ALL OF THAT.

THIS IS WELL BEYOND THAT. BEAR WITH ME.

I CAN'T SEE TOO WELL AND I CAN'T EVEN READ MY OWN HANDWRITING.

AGAIN, I RESPECTFULLY DISAGREE WITH THE PETITIONER'S ATTORNEY SAYING THAT HE REACHED OUT TO ALL THE NEIGHBORS.

THERE WAS NOT A -- THERE WAS A LACK OF TRANSPARENCY HERE.

WE WERE NOT EVER, EVER ADVISED OR ASKED IF IT WOULD BE PERMISSIBLE OR HOW COULD WE WORK THIS OUT, THAT THIS IS GOING TO BE A HOME BUSINESS. OTHERWISE I DON'T EVEN THINK WE'D BE HERE TONIGHT. I THINK WE WOULD HAVE ALL TALKED ABOUT IT. AND AGAIN, AS MY HUSBAND MENTIONED, YOU KNOW, THE NEIGHBOR ACROSS THE STREET, HE'S A RETIRED GENTLEMAN AT HOME. HE IN MY FEELING AND SOME OF THE REST AROUND HAS BEEN PUT INTO THE MIDDLE OF THIS.

I MEAN, THERE'S NO QUESTION THEY'RE NICE PEOPLE.

BUT THAT'S NOT WHY WE'RE HERE. WE DO NOT WANT THIS KIND OF BUSINESS. IT IS AN OUTDOOR BUSINESS, IT'S CONTRADICTORY TO THE CODE, WHICH SAYS THE BUSINESS SHOULD BE WHOLLY WITHIN THE DWELLING. AGAIN, OUTDOOR NOISES, PLAYING, THAT'S ALL NORMAL. I HOPE IT DOES CONTINUE.

I HOPE HE DOES PLAY WITH HIS KIDS.

YOU KNOW, I MEAN, HIS KIDS ARE PRETTY LITTLE RIGHT NOW.

THEY LEAVE DURING THE DAY AND GO TO DAYCARE.

THEY'RE GOING TO GET OLDER AND PLAY OUTSIDE JUST LIKE MINE DID.

BUT THIS IS NOT A TYPICAL USE FOR A NEIGHBORHOOD, WE DON'T ABUT BUSY STREETS, WE DON'T ABUT PUBLIC AREAS.

AGAIN, HAVING KIDS PLAYING SOCCER, THERE'S LOADS OF OPTIONS. THIS KIND OF BUSINESS PLATFORM, AGAIN, HE IS THE ASSET OF THIS PROGRAM.

HE CAN GO TO STUDENTS, YOU KNOW, PRACTICE IN VARIOUS FIELDS, CHURCHES. IT ALL OVER CARMEL, OUR PARKS.

I DON'T NEED TO TELL YOU THAT. SO WITH THAT, I WILL RESPECTFULLY NOT CONTINUE TO REPEAT WHAT'S IN MY LETTER.

I PLEAD THAT YOU DO NOT ACCEPT THIS VARIANCE AND PLEASE KEEP OUR NEIGHBORHOOD A NEIGHBORHOOD. THANK YOU.

>> THANK YOU VERY MUCH. REBUTTAL, YOU HAVE FIVE MINUTES.

>> THANK YOU. A VARIANCE, LIKE I REFERENCED WHEN WE FIRST STARTED, IT INTRODUCES SOME NEEDED FLEXIBILITY TO ZONING REGULATIONS.

WE ARE SEEKING A DEVELOPMENT STANDARDS VARIANCE WHICH I THINK IS APPROPRIATE UNDER THESE CIRCUMSTANCES.

TO ALLOW THE BACKYARD TO BE USED FOR THE SOCCER TRAINING.

I WANTED TO SPECIFICALLY ADDRESS SOME OF THE POINTS THAT WERE MADE. WHAT YOU DO NOT HAVE IN YOUR PACKET AND WHAT YOU DID NOT HEAR TODAY FROM ANY HOA MEMBER OR ANY HOA DISAPPROVAL OF WHAT'S HAPPENING.

THERE'S BEEN NO ATTEMPT BY THE HOA AND SPRINGMILL CROSSING TO SHUT DOWN THIS BUSINESS OR TO MAKE HIS SPACE GO AWAY.

CONTRARY TO WHAT HAS BEEN SAID, COACH CARY IS A VERY FORTHCOMING PERSON AND WAS FORTHCOMING WITH THE BOARD ABOUT THE SPACE.

THE BUSINESS THEN GREW, HE WAS FORTHCOMING WITH THE HOA ABOUT WHAT HE WAS DOING. AND KEPT THEM APPRISED AS TO WHAT WAS HAPPENING. ONCE HE GOT THE COMPLAINT, AND THEN WHICH TURNED INTO A VIOLATION NOTICE, THE TRAINING STOPPED AND HE HAS NOT GIVEN ANY TRAINING SINCE THE VIOLATION.

SO HE'S GOING ABOUT IT THE RIGHT WAY, AND HE'S SOUGHT OUT SUPPORT OF HIS NEIGHBORS AND CONSTITUENTS WHO LIVE IN THE NEIGHBORHOOD, WHICH LIKE I INDICATED, HAS BEEN OVERWHELMING. IT'S NOT A VIOLATION OF THE HOME OCCUPATION 5.18 WITH THE VARIANCE.

AND THERE WAS A LETTER WRITTEN ABOUT THE WORD "SHALL." THAT'S THE WHOLE PURPOSE OF WHY WE'RE SEEKING A VARIANCE HERE, IS TO ALLOW THE BZA TO AFFORD THE NECESSARY FLEXIBILITY OF THIS HOME OCCUPATION REGULATION SO THAT THIS BUSINESS WHICH IS BENEFICIAL TO THE COMMUNITY CAN KEEP GOING.

AND SO WITH THAT, THAT'S ALL WE HAVE.

THANK YOU. >> THANK YOU.

[01:45:08]

DEPARTMENT? >> THANK YOU.

THE PETITIONER IS SEEKING VARIANCE APPROVAL FROM THE HOME OCCUPATION STANDARDS, AND THE WORD THAT HAS COME UP A LOT IS NUISANCE, AND WHEN PLANNING STAFF READ THE PETITIONER'S INFO PACKET, WE DID FEEL THAT THE PROPOSED INTENSITY OF THIS USE IS OF CONCERN AND SHOULD BE ADDRESSED.

THE PETITIONER, THE ATTORNEY STATED THAT THEY'RE WILLING TO REDUCE NOW DOWN THE HOURS OF OPERATIONS, THE NUMBER OF LESSONS AND THE NUMBER OF TRAINEES ON SITE.

WE THINK THE BOARD SHOULD FURTHER DISCUSS THAT.

I THINK THE GOAL IS TO MITIGATE OR ELIMINATE THE NUISANCE SO THAT IT'S NOT AFFECTING THE IMMEDIATE SURROUNDING NEIGHBORS.

ALSO WHAT HAS COME TO LIGHT RECENTLY IS THE CONCERN ABOUT SOME DRAINAGE AND STANDING WATER, SO WE DO WANT THAT -- WE WANT THE PETITIONER TO WORK WITH OUR ENGINEERING DEPARTMENT TO GET THAT RESOLVED AS WELL. SO IN GENERAL, WE'RE RECOMMENDING POSITIVE CONSIDERATION OF THIS VARIANCE WITH SEVERAL CONDITIONS. THOSE CONDITIONS WOULD RELATE TO THE PARKING ON SITE, REDUCING THE TOTAL NUMBER OF TRAINEES ON SITE AT ONE TIME, COMPLYING WITH THE LIGHT ORDINANCE SO THERE'S NOT A LOT OF LIGHT POLLUTION ON THE NEIGHBORS' YARDS.

SEEKING AN ACTUAL FENCE PERMIT, WHICH HASN'T BEEN DONE, EVEN THOUGH A FENCE HAS BEEN ERECTED. ALSO A CONDITION WE WOULD LIKE FOR REDUCING THE DAYS AND HOURS OF OPERATION.

WE ALSO WOULD LIKE THE PETITIONER TO COMPLY WITH THE PROPERTY MAINTENANCE CODE AND THAT RELATES TO THE STANDING WATER AND DRAINAGE ISSUES AT HAND.

AND THEN WE ALSO WOULD LIKE TO TAKE ANOTHER LOOK AT THE PROPOSED LOT COVERAGE. SOMETIMES WITH THAT SYNTHETIC TURF, IT MIGHT ACT MORE LIKE A PAVEMENT RATHER THAN GRASS THAT CAN DRAIN, SO THAT IS OUR RECOMMENDATION.

THANK YOU. >> THANK YOU.

DISCUSSION? GO AHEAD.

>> I HAVE QUESTIONS FOR CARY. CAN YOU COME UP, PLEASE? THANK YOU. SO YOU SAID YOU AGREED TO REDUCE, FROM WHAT WE HAD IN OUR MATERIALS, REDUCE DOWN TO TWO -- UP TO TWO KIDS AND LIMITING SIX? LESSONS A DAY AND WHAT WERE THE HOURS? I MISSED THAT.

7:00 A.M. TO -- >> 10:00 A.M. TO 7:00 P.M.

>> OH, 10:00 A.M. TO 7:00. >> YEAH.

ALSO WITH THAT BEING SAID, 80% OF THE --

>> HOLD ON, HOLD ON, HOLD ON. >> I HAVE MORE QUESTIONS.

>> YOU CAN ONLY ADDRESS HER QUESTION.

IT'S NOT ANOTHER FORUM FOR YOU TO GIVE YOUR PRESENTATION.

>> I APOLOGIZE. >> SO MY NEXT QUESTION IS THAT IS THERE -- HAVE YOU LOOKED AT COMMERCIAL SPACE FOR YOUR

BUSINESS? >> YEAH.

ANY COMMERCIAL SPACE AROUND HERE WOULD BE WELL -- I WOULD LOSE MONEY DAILY. AND TO GO WORK FOR A -- THE WHOLE REASON I LEFT TEACHING AND COACHING WAS THIS IS A WAY FOR ME TO MAKE MORE OF AN IMPACT THAN I COULD IN THAT SETTING.

BECAUSE IT'S 100% ME WITH THE PLAYERS.

BUT YEAH, COMMERCIAL SPACE WOULD BE UNATTAINABLE.

>> SO DID YOU LOOK AT SPACE AND THE COST?

>> YEAH. I DID.

>> OKAY. BECAUSE I DID SOME MATH, AND -- BUT I DON'T KNOW WHAT THE COMMERCIAL SPACE COST IS, BUT I DID THE MATH ON A GUESSTIMATE ON REVENUE WITH THOSE LIMITATIONS.

AND THAT'S A SIGNIFICANT INCOME. SO I THINK THAT'S -- I THINK THAT'S ALL. YEAH.

THOSE ARE MY ONLY QUESTIONS. THANK YOU.

>> THANK YOU. >> JIM?

>> COACH, REAL QUICK. >> OF COURSE.

>> KIND OF TO THOSE POINTS, HAD YOU LOOKED AT UTILIZING PARKS OR ANY OF THE OTHER OPEN SPACES WE HAVE IN CARMEL TO DO THIS TYPE OF TRAINING, WHERE IT WOULDN'T HAVE AS MUCH IMPACT ON THE

NEIGHBORHOOD? >> FOR SURE.

WITHOUT GOING DOWN RABBIT HOLES, THERE'S NO WAY FOR ME TO ACHIEVE WHAT I ACHIEVE, AND CONNECT WITH KIDS THE WAY I CONNECT ON A CONSISTENT BASIS IN THOSE PLACES.

A BIG PART OF PUTTING DOWN TURF IS THAT IT COULD RAIN FOR FOUR DAYS STRAIGHT AND THEN THE TURF I HAVE DOES DRAIN, SO THAT NEXT DAY, I CAN DO A LESSON, WHEREAS PARKS WOULD BE A MUDDY MESS, AND ANY PUBLIC GRASS FIELDS WOULDN'T BE OPEN TO THE PUBLIC BECAUSE

[01:50:03]

IF THAT MAKES SENSE. >> BRAD.

>> FOLLOWING ON LEAH'S QUESTION, I'VE HEARD DISCUSSION, LIMITATION OF THE HOURS OF DAY, THE TIME OF DAY WHEN LESSONS COULD OCCUR. I'M NOT SURE IF PART OF YOUR ANSWER TO HER WAS ALSO YOUR WILLINGNESS TO LIMIT THE TOTAL NUMBER OF HOURS PER DAY, HOW MUCH TIME YOU WOULD SPEND GIVING

LESSONS IN ANY GIVEN DAY. >> IT'S A TRICKY QUESTION BECAUSE THERE'S ONLY TWO MONTH OF THE YEAR WHERE I COULD PROBABLY REALISTICALLY GET SIX -- WE SAID SIX LESSONS PER DAY. BUT THE KIDS I WORK WITH GO TO SCHOOL, SO MONDAY THROUGH FRIDAY WHEN THEY'RE IN SCHOOL, I'M ONLY GOING TO DO LESSONS 3:00, 4:00, 5:00, MAYBE 6:00.

AND I'M SETTING A CUTOFF AT 7:00.

SO THAT WOULD BE FOUR LESSONS THOSE DAYS.

DURING THE SUMMER MONTHS, I'M SAYING SIX BECAUSE I COULD, YOU KNOW -- NOW THERE'S SPRING BREAKS, I SUPPOSE, BUT A LOT OF THE YEAR, I'M NOT GOING TO GET ANYWHERE CLOSE TO SIX.

FOUR WOULD BE THE MAX IF EVERYONE SIGNED UP FOR 3, 4,

5 AND 6. >> SO I'M TRYING TO GET A SENSE OF HOW MUCH TIME EVERY DAY NEIGHBORS WOULD EXPERIENCE --

>> FOR SURE. THAT'S THE TOUGH PART BECAUSE I THINK MY NEIGHBORS -- WE MOVED IN IN APRIL.

THE SUMMER MONTHS, THEY EXPERIENCED THE -- THE BLUNT OF IT AND THERE WERE DAYS I DID SEVEN LESSONS, YOU KNOW, AND I THINK ON AVERAGE, DURING THE SUMMER WERE FIVE HOURS, SIX HOURS DURING THE OTHER NINE MONTHS, THREE HOURS, FOUR HOURS?

MAX. >> THANK YOU.

THE CITY'S NOISE ORDINANCE, ANGIE, DO WE HAVE A SENSE OF WHETHER THE NORMAL OPERATION OF THESE LESSONS CAN COMPLY WITH OUR NOISE ORDINANCE? WE HAVE LIMITATIONS ON HOW LOUD -- WHAT THE NOISE LEVEL CAN BE AT THE PROPERTY LINE,

CORRECT? >> THAT'S CORRECT.

AND THE PETITIONER DID COMMIT TO NOT USING MEGA PHONES OR WHISTLES, WHICH I THINK WOULD CAUSE THAT, YOU KNOW, THE HIGHER DECIBEL LEVELS. BUT WE HAVEN'T REALLY RESEARCHED WHAT IT WOULD SOUND LIKE, NEIGHBORS ARE TALKING ABOUT THE BALL BEING KICKED NEXT TO THE RETAINING WALL, THAT THUD NOISE.

>> EXACTLY. >> I THINK THERE ARE WAYS YOU CAN MEASURE THAT SOUND LEVEL, BUT IT'S HARD TO SAY WHAT THAT WOULD BE COMPARABLE TO. LIKE A BASKETBALL BEING BOUNCED

ON PAVEMENT, I'M NOT SURE. >> YEAH, SO WHAT MAY BE A NUISANCE TO SOMEBODY MAY ALSO FALL WITHIN THE STANDARDS OF THE

CITY'S NOISE ORDINANCE. >> CORRECT.

>> BUT WE DON'T KNOW THAT. NO STUDY HAS BEEN DONE, WE HAVEN'T EXPLORED THAT POSSIBILITY.

>> NO. >> OKAY.

IS IT POSSIBLE FOR THIS BUSINESS TO CONTINUE TO EXIST WITHIN COVENANT OF THE HOA? AS I UNDERSTAND IT, THE HOA HAS APPROVED THE PHYSICAL CHANGES TO YOUR BACKYARD, BUT OPERATIONALLY, CAN YOU CONTINUE IN COMPLIANCE WITH THE HOA

COVENANTS? >> ABSOLUTELY.

AND I'M HAPPY TO DO EVERYTHING I CAN TO CHANGE CERTAIN NOISES AND THINGS LIKE THAT. AS WELL -- USING A DECIBEL METER, THE NOISE ISN'T LOUDER THAN A BASKETBALL BOUNCING.

AND YOU KNOW, WE CAN -- WE CAN MEASURE THAT.

THE CITY ENGINEER OR WHOEVER, BUT IF SOMEHOW IT IS, I WILL

CHANGE THAT AS WELL. >> OKAY.

AND THEN LASTLY, FOR COUNSEL OR THE DEPARTMENT, IF THE PETITION IS DENIED, IS THERE A MECHANISM BY WHICH THAT DENIAL CAN GO -- THE EFFECT OF THAT DENIAL CAN BE DELAYED SO THAT THE PETITIONER HAS AN OPPORTUNITY TO TRANSITION TO A DIFFERENT LOCATION OR TRANSITION IN WHATEVER WAY HE AND HIS STUDENTS NEED TO?

[01:55:01]

>> I DON'T BELIEVE IT WOULD BE AN OPTION AT THIS TIME BECAUSE CURRENTLY THERE IS NO PERMIT OF ANY KIND.

SO IF IT WAS BUSINESS OPERATING AT THE PREMISES WITHOU ANY SORT OF PERMIT, SO THAT IS THE FIRST STEP F FOR OBTAINING A HOME

OCCUPATION PERMIT FROM PCA. >> BUT PERHAPS ENFORCEMENT BY THE CITY COULD BE, I GUESS, LACKLAXFOR A PERIOD OF TIME IN T

EVENT? >> YEAH, I GUESS IF YOU DIRECTED STAFF TO DO THAT, WE COULD DELAY SINCE IT IS STILL WINTER MONTHS.

>> OKAY, THANK YOU. >> I JUST HAD A FOLLOW-UP QUESTION. WHEN THIS WAS INTRODUCED TO US, YOUR ATTORNEY MADE THE PRESENTATION, I WAS OF THE IMPRESSION THAT YOU HAD BUILT THIS FOR YOUR KIDS AT YOUR HOUSE. AND THEN YOU DECIDED TO START TO BUILD ON THAT BUSINESS FROM THERE.

IS THAT THE CASE? >> YES.

THAT IS THE CASE. >> OKAY.

SO WE HAD A REMONSTRATOR SAY THEY FOUND INFORMATION ON A FACEBOOK PAGE THAT SAYS YOU WERE IN BUSINESS ALREADY BEFORE THAT DATE. SO IS THAT TRUE OR FALSE?

>> I HAVE ALWAYS DONE SOCCER LESSONS ON THE SIDE, SOMETIMES AT HIGH SCHOOL FIELDS. THAT WAS WHEN I WAS TEACHING FULL TIME. BUT PRIOR TO HAVING KIDS.

I BUILT THIS FOR MY FAMILY TO USE.

>> SO IT WAS A GOING CONCERN ALREADY BEFORE YOU MOVED INTO THIS HOME? YOUR TEACHING WAS A GOING CONCERN ALREADY? IT WASN'T SOMETHING THAT YOU DECIDED TO DO AFTER YOU MOVED IN.

>> I DECIDED TO STAY HOME IN LIGHT OF US HAVING A CHILD FOUR MONTHS AGO. OR FIVE MONTHS AGO.

SORRY. MAYBE SIX MONTHS?

>> I CAN RELATE TO THAT. OKAY.

SO I JUST SEE HERE THAT WE'VE GOT RECOMMENDATION, WE'VE GOT -- HOW MANY CONDITIONS HERE? PARKING LOCATION ON SITE, REDUCING NUMBER OF TRAININGS ON SITE AT ONE TIME, LIGHTING COMPLIANCE, FENCE PERMIT, REDUCING HOURS OF OPERATION, WATER PROBLEMS. THERE ARE LITERALLY FACILITIES IN THIS TOWN BUILT FOR YOUR PURPOSES THAT YOU CAN LEASE SPACE FROM. I CAN'T -- YOU KNOW, IT'S A -- I CAN'T FATHOM US WANTING TO GET THIS GOING AND ALLOWING TO REMAIN IN THAT LOCATION BECAUSE OF THE NEGATIVE IMPACT IT'S HAVING ON YOUR NEIGHBORS AND I DON'T KNOW WHY YOU WOULD WANT TO DO THAT. AND I'M NOT ASKING YOU ANY QUESTIONS SO YOU CAN GO AHEAD AND SIT DOWN.

YOU KNOW, I JUST -- I CAN'T ADD THIS UP.

THIS IS A BIG BUCKET OF -- THIS IS A VARIANCE WITH A WHOLE BUNCH OF CONTINGENCIES AND REQUIREMENTS.

THAT LEADS ME TO BELIEVE THAT IT PROBABLY SHOULDN'T BE THERE.

SOMETIMES THERE'S ONE OR TWO THINGS.

BUT THIS IS MORE THAN A HAND FULL.

I DON'T GET IT. MORE DISCUSSION.

ALAN. >> YOU KNOW, I AGREE WITH EVERYTHING YOU JUST SAID BUT YOU CAN ADD TO YOUR LIST NEED OF A FENCE PERMIT. AND THAT'S A FENCE THAT'S UP, SHOULD HAVE HAD A PERMIT AND I THINK THAT IS "THE GUIDING LIGHT" HERE. CARY, WHEN DID YOU MOVE IN?

>> LATE MARCH OF 2022. >> AND WHEN DID THE SOCCER FIELD

GO IN? >> I STARTED BUILDING IN MAY.

OF 2022. >> SO TWO MONTHS AFTERWARDS.

>> OUR FENCE DID GO THROUGH OUR HOA APPROVAL AND WE DO HAVE A

PERMIT. >> WELL, MAYBE, BUT IT DON'T

HAVE ONE WITH THE CITY, RIGHT? >> I BELIEVE WE DO.

>> DO THEY HAVE A PERMIT? >> I'LL DOUBLE-CHECK OUR RECORDS, BUT WE WEREN'T ABLE TO LOCATE ONE.

>> YOU MAY HAVE DONE THROUGH YOUR HOMEOWNERS.

>> YEAH. >> OKAY.

SO YOU MOVED IN IN MARCH OF 2022, AND THEN IN MAY OF 2022, YOU BUILT THIS SOCCER FACILITY, AND YOU HAD A PREVIOUS -- YOUR PREVIOUS RESIDENCE, YOU HAD A BUSINESS GOING THERE.

AND YOU DID LESSONS BEFORE THAT ON FOOTBALL FIELDS.

SO WHY COULDN'T YOU CONTINUE TO DO LESSONS ON A FOOTBALL FIELD?

>> IT WOULD BE LIKE DOING BASKETBALL LESSONS ON A GRAVEL ROAD, OR A GRAVEL COURT, OR GRASS.

I CREATED A SPACE JUST VERY EFFICIENT AND A SPACE THAT NOT JUST MY FAMILY, WE HAVE TWO BULL MASTIFFS THAT RUN AND PLAY.

[02:00:05]

SPRING WELL CROSSING AS A WHOLE HAS PUDDLED WATER.

BEFORE I STARTED BUILDING, THAT CORNER OF OUR LOT HAD PUDDLED WATER. THIS SAME CORNER THAT PUDDLES IN THEIR LOT. THAT WAS ALL PART OF ME BUILDING THIS. THE MULTIPURPOSE SPACE.

AND I NEVER WOULD HAVE GUESSED IN A MILLION YEARS THAT ME DO DOING -- I THOUGHT IT WOULD BE ONE OR TWO LESSONS A DAY, AND I HAD -- TO ME, THAT WAS NO DIFFERENT THAN PIANO LESSONS AND THINGS, I UNDERSTAND NOWADAYS, I WISH I WOULD HAVE GONE ABOUT IT DIFFERENTLY. I ALSO KNOW THAT THE SAME SOUNDS WILL CONTINUE, AND WHY NOT BENEFIT ALL THE YOUTH IN THE

NEIGHBORHOOD AND THE COMMUNITY. >> IT'S A RESIDENTIAL AREA.

THAT'S WHY. >> MORE DISCUSSION? ANYBODY WANT TO MAKE A MOTION? NEED SOMEBODY TO MAKE A MOTION.

BRAD. >> FOLLOWING OUR RULES OF PROCEDURE, WHICH CALL FOR THE MOTION TO BE MADE IN THE POSITIVE, MOVE TO APPROVE DOCKET PZ-2022-00243V UDO SECTION 5.18, HOME OCCUPATION STANDARDS, BACKYARD AREA REQUESTED TO BE USED. AND I'LL STOP THERE.

>> SECOND. >> JIM'S GOT THE SECOND.

SO IF YOU'RE IN FAVOR OF PERMITTING THIS USE, RAISE YOUR RIGHT HAND. IF YOU'RE AGAINST THIS USE, RAISE YOUR HAND. MOTION IS DENIED, 0-5.

THANK YOU. SO YOU'LL NEED TO WORK WITH THE CITY ON WHEN YOU NEED TO WRAP UP YOUR BUSINESS AFFAIRS AT THAT LOCATION. ANY NEW BUSINESS? ANY OLD BUSINESS?

* This transcript was compiled from uncorrected Closed Captioning.