Jun 24, 2024 Board of Zoning Appeals Hearing Officer Meeting

[00:00:08]

>>> GOOD AFTERNOON. BOARD OF ZONING APPEALS OFFICER MEETING

[D. (V) Krouse Garage Size Variance]

AHEAD, THANK YOU. >> YES, MY NAME IS SCOTT, I'M VIOLENCE FOR VARIANCE BASED ON THE DETACHED GARAGE I WANT TO BUILD. THE DIMENSIONS WHERE I AM CURRENTLY AT, THEY WOULD NOT ACCOMMODATE BUT MAYBE ONE CAR. I'M TRYING TO GET A LITTLE BIT LONGER, A LITTLE BIT WIDER IN ORDER TO ACCOMMODATE TWO VEHICLES INSIDE THE GARAGE ITSELF. MY POINT OF DOING VARIANCES -- I LIVE IN AN OVERHEAD -- OLDER NEIGHBORHOOD WITH BIG OVERHEAD TREES. I DON'T WANT TO CUT THOSE DOWN.

I WANT TO MOVE IT, TAP AND FORWARD, A LITTLE BIGGER.

ACCOMMODATE TWO VEHICLES AND I HAVE TO TAKE DOWN ANY TREES.

>> THAT'S IT? >> THAT'S IT'S.

>> THANK YOU. >> YOU'RE WELCOME.

>> NEXT IS THE PUBLIC HEARING FOR THIS PETITION. IS THERE ANYONE HERE IN SUPPORT OF THIS PETITION? CNN, IS THERE ANYONE OPPOSED TO THIS POSITION? SEEING NONE . DEPARTMENTS

REPORT, PLEASE. THANK YOU. >> ANGIE WITH THE PLANNING AND ZONING DEPARTMENT. THE PETITIONER REQUESTS ADDITIONAL DETACHED GARAGE IN ADDITION TO UNATTACHED GARAGE THEY HAVE ON-SITE. THEY WILL EXCEED THE ALLOWED GROUND FLOOR AREA BY 17%. THE PROPOSED BUILDING WILL BE 18 FEET TALL, WHICH IS ALLOWED. PLANNING STAFF IS SUPPORTED OF THE VARIANCE ALONG WITH THE ADOPTIONS OF FINDING OF FACT. THANK YOU.

>> THANK YOU. >> ALL PLANNING AND ZONING REVIEW COMMENTS HAVE BEEN ADDRESSED. THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST. THE OVERALL DESIGN AND PLACEMENT OF THE STRUCTURE WILL BLEND IN . THE DEPARTMENT OF COMMUNITY SERVICES RECOMMENDS PART IS THE -- POSITIVE VARIANCE OF THIS REQUEST. I SEE NO REASON TO

[D. (V) 140 1st Ave NW Roof Material Variance]

>> HI, MY NAME IS JAY. BECKY IS SITTING OVER THERE WITH ME. WE ARE PETITIONING FOR A ROOF TO GO OVER -- ACTUALLY , ON ACCENT ROOF, BECAUSE WE ARE ALLOWED A ROOF, TOOK OVER THE EXISTING PORCH ON THE SIDE OF OUR HOUSE. WE CHOSE ACCENT BECAUSE THE CURRENT ROOF LINE FOR THE HOUSE IS SUCH THAT IT WOULD NOT LOOK NATURAL TO JUST TIE IT IN . I HAVE A SLOPE. ACCENT. METAL ROOF THAT WOULD BE AS CLOSE TO THE EXISTING ROOF AS WE CAN

HAVE. THAT'S IT'S. >> THAT'S IT? OKAY, THANK YOU.

>> THANK YOU. >> PUBLIC HEARING SPACE FOR THIS. IS THERE ANYONE IN FAVOR OF THIS PETITION? SEEING NONE, IS THERE ANY OPPOSED? SEEING NONE. DEPARTMENTS REPORT,

PLEASE. >> THANK YOU. THE SITE IS LOCATED IN THE OLD TOWN OVERLAY, CHARACTER SUB AREA.

THE UNIFIED DEVELOPMENT ORDINANCE DOES NOT ALLOW FOR METAL FOR ROOF MATERIAL TYPE. HOWEVER, THE PETITIONER IS ONLY REQUESTING ABOUT 5% OF THEIR OVERALL ROOF PLANE AREA TO BE THIS METAL MATERIAL . SO PLANNING STAFF IS SUPPORTIVE OF THE VARIANCE. AND THE ADOPTIONS OF FINDING OF FACT, THANK YOU.

>> THANK YOU. >> THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST. ALL PLANNING AND ZONING REVIEW COMMENTS HAVE BEEN ADDRESSED. THE AMOUNT OF ROOF AREA THAT WILL BE THE METAL ROOFING MATERIAL IS MINIMAL AND MORE LIKE AN ACCENT MATERIAL , AIDING IN THE OVERALL

[00:05:02]

[D. (SU) Lucas Private Baseball Field, Special Use]

ADDITIONALLY, PLEASE COME FORWARD. TURN THE MICROPHONE

ON, PLEASE. >> GOOD AFTERNOON, HOW ARE YOU DOING TODAY? I AM MIKE WITH THE LAW GROUP. I REPRESENT LUKE'S FAMILY LIVING TRUST. HERE TODAY WITH ME IN CASE THERE'S ANY QUESTIONS. WE ARE HERE TODAY TO ASK FOR SPECIAL USE PERMIT TO INSTALL A PRIVATE BASEBALL FIELD AT THE LUCAS ESTATE.

PHYSICALLY THE CORNER OF DITCH AND 106 . IF THE PRIVATE BASEBALL FIELD , SOLELY INTENDED FOR THE USE OF THE LUCAS FAMILIES , MEN ARE MINOR CHILDREN, SOME BASEBALL TEAMS THAT MAY HAVE SOME PRACTICES THERE WITH MINOR CHILDREN .

REALLY, THAT'S IT. THIS PETITION IS MORE ABOUT WHAT THIS IS NOT AND WHAT IT IS. WHAT THIS IS NOT IS BIG BASEBALL FIELD WHERE THERE'S GOING TO BE TOURNAMENTS OR GAMES. THERE IS NO LIGHT SYSTEM. THERE IS NO P.A.. VERY MINIMAL AMOUNT OF IMPERVIOUS SERVICE ADDED. WHAT WE WANTED TO MAKE SURE, JUST TO DRIVE HOME, THIS IS A VERY ANCILLARY USE FOR KIDS TO HAVE FUN. THERE'S NOT GOING TO BE IN THE WHAT NORMALLY GOES ON FOR EVENTS OR SOMETHING LIKE THAT.

I KNOW IT WAS ASKED IN AN EARLIER EMAIL FOR ME , IF THERE WAS AN ATTEMPT FOR A CHARITY GAME AT THE LUCAS ESTATE. LIKE A CHARITY SOFTBALL GAME OR BASEBALL GAME, SOMETHING LIKE THAT. THERE IS NO INTENTION LIKE THAT TO DO ANY THING LIKE THAT THE PROPERTY RENTAL. IT'S PURELY A PLACE FOR KIDS TO PLAY BASEBALL DURING THE FLIGHT HOURS.

>> HOW OFTEN WITH THOSE GAMES BE PLAYED?

>> PRACTICES AND SCRIMMAGES WOULD BE --

>>

>> I'M SORRY, I CANNOT HEAR YOU.

>> PERSONALLY, WE MIGHT BE OUT THERE 2 TO 3 TIMES AS A WEEK AS A FAMILY, AND TO PRACTICES AS A TEAM. I DON'T SEE IT BEING VERY CAUGHT -- CHAOTIC. DURING NORMAL HOURS. NOT LATE AT NIGHT CAUSING NOISE PROBLEMS FOR YOUR -- FOR THE NEIGHBORS.

>> ARE YOUR NEIGHBORS AWARE OF THIS?

>> AND MR. LUCAS HAD CONVERSATIONS WITH SOME OF THE NEIGHBORS. PART OF THE PROCESS OF SENDING NOTICES OUT. WE SENT OUT THE NOTICES REQUIRED BY LAW. ONE OF THE NICE THINGS IS THE LUCAS'S OWN SO FAR BACK EAST, WHERE THEY WOULD BE LOCATED ON THE PROPERTY. IT IS REALLY OF LIMITED UNIVERSE OF PEOPLE THAT WOULD BE AT ALL IMPACTED. EVERYTHING IS VERY

SETBACK. >> OKAY. IS THAT ALL?

>> THAT'S ALL WE HAVE. >> THANK YOU. THANK YOU. IS THERE ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE . IS THERE ANYONE OPPOSED TO THIS POSITION. PLEASE COME FORWARD.

IS THERE ANYONE ELSE OPPOSED TO THIS PETITION? JILL, CAN YOU

USE FIVE MINUTES OR MORE? >> MY NAME IS JOEL. NOT NECESSARILY OPPOSED, WHICH IS LIKE TO BRING UP SOME POINTS ABOUT THIS. I LIVE SOMEWHAT NEAR LUCAS ESTATE. THERE'S BEEN ISSUES IN THE PAST WITH NOISE . NOT RECENTLY, BUT THERE HAS BEEN. I JUST WANTED TO BRING UP A COUPLE OF ISSUES. I THINK IT SAID 20 PLAYERS AT ANY TIME FOR SCRIMMAGE, MAYBE 10 ADDITIONAL PARENTS AND COACHES. FOR MAYBE 5:00 P.M. UNTIL DUSK . WEEKNIGHTS AND ALSO INTERMITTENTLY ON WEEKENDS. AND THAT THERE'S MORE THAN ENOUGH OF PARKING CURRENTLY. AND THAT TREES WILL BE SCREENING THE FIELD FROM VIEW. AND THAT THIS WOULD BE PRIVATE FOR THE PETITIONER AND PETITIONER'S FAMILY I GUESS. I UNDERSTAND THERE WILL NOT BE LIGHTS AT NIGHT, AND THERE WILL NOT BE A SOUND SYSTEM. BUT THE PROBLEM WITH SCREENING IS IT DOES NOT HELP WITH NOISE . EVEN WITHOUT

[00:10:05]

THANK YOU. >> THANK YOU.

>> PETITIONER, WILL YOU PLEASE ADDRESS SOME OF THE CONCERNS

MENTIONED NOW? >> AS TO THE FIRST QUESTION, WITH THE AMOUNT OF PARKING, WE ANTICIPATE ABOUT 20 KIDS THERE, 20 OR FEWER KIDS, WE BELIEVE. VEHICLES WILL BE ON-SITE WITH THEM. PROBABLY LESS THAN 20 BECAUSE OF CARPOOLING A DOUBLING UP. THINGS OF THAT NATURE. THERE'S A PARKING LOT AT THE LUCAS ESTATE THAT ALREADY HAS WELL OVER -- WELL OVER 30 CARS. THERE IS SPACE THERE. IF THERE'S AN EVENT GOING ON AT THE LUCAS ESTATE, THERE IS ZERO INTENTION OF HAVING GAMES -- I'M SORRY, SCRIMMAGES OR PRACTICES AT THE SAME TIME. THERE SHOULD BE VERY MUCH ADEQUATE PARKING. FOR SOUND, FOR THE WHERE THE DUGOUT CZAR -- ARE, THE DUGOUTS ARE GOING TO BE CENTERED ON THE PROPERTY. THE DUGOUTS WILL BE AROUND HOME PLATE. BECAUSE AROUND HOME PLATE THERE WILL BE A WALL SCREENING . WHERE THE KIDS ARE, THAT'S GOING TO BE 2 TO 300 FEET AWAY FROM ANY NEIGHBORS. I CANNOT PROMISE THERE WILL BE NO NOISE OR SOUND TROUBLING PAST IT. WE ANTICIPATE ANY SOUNDS THERE WOULD BE WHAT BE WELL WITHIN COUNTY ZONING , COUNTY CITY ZONING -- NOT ZONING, BUT NOISE ORDINANCE LEVELS. WE CAN'T IMAGINE THERE WOULD BE A GREAT AMOUNT OF NOISE THAT WOULD OCCUR.

>> THANK YOU. >> REPORT, PLEASE.

>> THANK YOU. THIS IS A PRIVATE BASEBALL FIELD THAT WILL BE AN ACCESSORY USE TO THE MAIN SINGLE-FAMILY HOME LOCATED NORTH OF THE SITE. SPECIAL USES ARE VIEWED AS FAVORABLE BY THE UNIFIED ORDINANCE. THE PETITIONER HAS ADDRESSED OUR MAJOR REVIEW COMMENTS. HOWEVER, THERE ARE FEW COMMENTS LEFT TO BE ADDRESSED. PLANNING STAFF DOES RECOMMEND POSITIVE CONSIDERATION OF THE SPECIAL USE REQUEST WITH THE PETITIONER REVIEWING THE REMAINING COMMENTS BUT ALSO WITH THE ADOPTION OF FINDINGS OF FACT. THANK YOU.

>> THANK YOU. THE PLANNING DEPARTMENT SUPPORTS THE SPECIAL USE REQUEST SINCE THE PETITIONER HAS MADE A PROMISE THAT ONLY THE FAMILY OR FAMILY MEMBERS, CHILDREN, GRANDCHILDREN, COULD BE PLAYING THERE. IT WOULD NOT BE USED FOR GAMES OR TOURNAMENTS, RIGHT? THERE'S ANOTHER CONDITION THE PETITIONER ADDRESSED ALL -- REVIEW ALL REMAINING COMMENTS.

POSITIVE CONSIDERATION OF THE REQUEST WITH THE CONDITION, OF COURSE, ADDRESSING AND REVIEWING REMAINING COMMENTS, I

[D. (SE) 4423 E. 116th St. Group Home.]

THANK YOU. NEXT ITEM . 4423 EAST 160 STREET, GROUP HOME.

PETITIONER, PLEASE RISE. THANK YOU.

>> ASKING FOR A SPECIAL EXCEPTION FOR A MEMORY HOME AT 4423 EAST 160TH STREET FOR 10 PEOPLE. I WOULD LIKE TO DISCUSS WHY WE WANT TO OPEN IT, AND A LITTLE BIT MORE ABOUT WHAT WE ARE GOING TO BE DOING ON THE REMODEL, IN ADDITION TO THE PACKET YOU HAVE. FIRST, I WANT TO THANK OUR TEAM THAT'S HERE.

A NATIONALLY RECOGNIZED EXPERT IN SENIOR LIVING CONSULTANT.

AND ALSO DAVE OVER AT THE BUILDERS, WHO HAS BUILT SEVERAL

[00:15:02]

SOON THERE WILL BE 12,000 OF THOSE PEOPLE. THOSE FOLKS ARE IN NEED OF THE SERVICES. IT'S A 50% INCREASE IN ONLY FIVE YEARS. CURRENTLY, THE OPTIONS ARE PREDOMINANTLY BIG-BOX FACILITY FOR MEMORY CARE HOMES. WITH THAT YOU HAVE A RESIDENT TO STAFFING RATIO OF ABOUT 14 TO 1, SOMETIMES HIGHER. THE OTHER OPTION YOU HAVE IS MAYBE PRIVATE CARE, AND THAT MAYBE -- PRETTY EXPENSIVE TO HAVE SOMEONE THERE. THESE ARE FOLKS WE CARE FOR IN AWE STAGE OF ALZHEIMER'S OR OTHER DEMENTIA.

THESE ARE FOLKS THAT NEED CONSTANT CARE. WE ARE OFFERING A LITTLE DIFFERENTLY. WE HAVE STAFFING TO RESIDENT RATIO OF FIVE RESIDENTS TO ONE PERSON, ONE STAFF MEMBER THAT PROVIDES A LOT MORE ONE ON ONE CARE. AND WE ONLY HAVE A HOME OF 10 FOLKS. IT'S A LOT MORE CLOSER. THE OTHER PART IS, THESE PEOPLE WILL BE IN THE HOME, AND ACTUAL RESIDENTIAL HOME . NOT AN INSTITUTION. PEOPLE CAN TELL THE DIFFERENCE. A LOT OF THE EPISODES AND ISSUES YOU SEE WITH FOLKS WITH ALZHEIMER'S AND DEMENTIA RUNNING AWAY, WANDERING AWAY OR OTHERWISE, THIS IS GOING TO HELP LESSEN THAT BECAUSE YOU ARE IN A HOME.

THOSE ARE ALL KEY THINGS WE HAVE THERE. BUT IT WILL REQUIRE A LITTLE BIT OF INTERIOR AND EXTERIOR CHANGES. INTERIOR WAS COME OUR FOCUS IS ON CHANGING COMMUNAL AREAS. KNOCKING DOWN WALLS, EXPANDING THE COMMUNAL LIVING AREA. A TABLE WHERE EVERYONE CAN SIT AND TAKE MILLS OUT TOGETHER. ENOUGH MEALS -- ACTIVITIES WERE STAFF CAN MEET FOLKS WHERE THEY ARE ON THAT MEMORY JOURNEY. THAT'S A CHANGE. THE OTHER PART IS OUR FOCUS IS NOT ON THE BEDROOMS THEMSELVES. IN FACT IT'S BETTER TO HAVE SIMPLE ROOMS. IF YOU LOOK AT OUR PLANS WE HAVE VERY SIMPLE BEDROOMS WITH THE BED, EASY ACCESS TO CHORES AND THINGS FOR STORING THEIR PERSONAL ITEMS. THAT'S VERY IMPORTANT. WE DON'T WANT FOLKS TO BE CONFUSED OR UPSET. THE VERY SIMPLE ROOMS ARE NOT FANCY. SAFETY IS, OF COURSE, PARAMOUNT. WE HAVE MET A -- MAGNETIC LOCKS THROUGHOUT THE HOUSE. THE STAFFING RATIO IS QUITE LOW. WE HAVE PEOPLE TO SEE PEOPLE, IN CASE THERE IS A TROUBLE. FOLKS ARE NOT GOING TO BE WANDERING AWAY. THAT'S REALLY IMPORTANT. AS WELL AS IN THE BATHROOMS, THERE ARE SOME NICE TOUCHES FROM DAVE'S EXPERIENCE, TO ADD ALMOST A BEAUTY SALON. SO FOLKS CAN DO THEIR HAIR. NAILS DONE, AND THINGS LIKE THAT. I HAVE TO HAVE -- LEAVE. THAT'S THE INTERIOR. FOCUS ON COMMUNAL LIVING AND LESSEN THE EFFECT OF BEDROOMS. PEOPLE WILL NOT BE SITTING THERE LIKE THEY DO IN INSTITUTIONS. WE WILL HAVE PEOPLE LIVING TOGETHER. EXTERIOR WAS, WE DO HAVE SOME CHANGES AS FOLKS PROBABLY NOTICE. WE ARE GOING TO BE ADDING ON BEDROOMS IN THE BACK. THREE MODEST BEDROOMS IN THE BACK, AS YOU SEE. THAT'S NOT NECESSARILY A BAD THING FOR HOME. WE WILL BE CONVERTING OVER -- PLAN TO CONVERT THE GARAGE. ANOTHER BEDROOM, TWO OR THREE BEDROOMS. NOT UNPRECEDENTED IN CARMEL. QUICK RESEARCH, THERE ARE TWO DIFFERENT HOMES , AT LEAST, THAT WE WERE ABLE TO FIND ONLINE. 225 VALLEY COURT AND ONE 32ND AVENUE EAST BOTH HAVE THE GARAGE IS CONVERTED INTO BEDROOMS. THOSE ARE SOME CHANGES THERE., PARKING, CURRENTLY, THERE'S A LARGE DRIVEWAY OR YOU CAN ALREADY TURN AROUND. IN OUR PROPOSAL, BASED ON CONVERSATIONS WITH THE CITY OF CARMEL, WOULD ADD TO OTHER SPOTS. CERTAINLY I UNDERSTAND SOME FOLKS MIGHT NOT CARE FOR THAT, BUT THAT WAS THE REASON TO ADD A COUPLE OF SPOTS. THAT'S WHY WE WERE DOING THAT. AGAIN, THERE'S SOME OTHER THINGS HERE AND THERE, UPDATING THE LANDSCAPING, GREENERY AND PRIVACY ISSUES. WE ARE TRYING TO ADDRESS THOSE IN OUR PLAN, FOR FOLKS WHO ARE HERE, INTERESTED ON HEARING ON THAT, WE CAN WORK TOGETHER ON MY AND MAKE CHANGES SO THAT WE WE CAN HAVE THE RIGHT GREEN SPACE AND GREENERY FOR IT. ALSO, OUR ACTIVITIES IN THE BACK, WE ARE GOING TO BE EXPANDING THE PATIO BY ADDING A PRIVILEGE AND A FIRE PIT SO FOLKS CAN GO OUT AND ENJOY THE OUTSIDE. OUR GOAL IS TO KEEP SIGHTLINES, KEEP IT A RESIDENTIAL LOOK. LEAVING THE FENCE INTACT. AGAIN, WE ARE INTERESTED IN DISCUSSIONS THAT FOLKS DON'T WANT THAT AS NEIGHBORS, WE CAN CHANGE THAT

[00:20:03]

THEY ARE GOING TO BE OUT JULY 15TH. THEY ARE BACKED UP TO CHANGE THAT. WE ARE ADDRESSING THOSE ISSUES THAT WERE THERE FROM THE PREVIOUS OWNER. WE ARE TRYING TO GET THAT UP TO SPEED ON ALL OF THAT. THAT'S A LITTLE BIT . I AM MAKING SURE TO COVER ALL OF THAT. THAT'S IT THERE. I WOULD LIKE TO CLOSE WHY AM INTERESTED IN DOING THIS. WHAT DO I WANT TO DO THIS? IT'S A GREAT SERVICE TO THE COMMUNITIES. IT'S A NEED.

WE ARE REALLY -- JUST TO SHARE A STORY. I WAS TALKING WITH A FRIEND OVER AT ROSIE'S CAFE ABOUT THIS. STARTING IT UP. AND DESCRIBING WHAT WE ARE DOING FOR FOLKS WITH MEMORY ISSUES.

ESPECIALLY WITH ALZHEIMER'S. HE STARTED TEARING UP. IT WAS A GREAT CONVERSATION UP UNTIL THAT POINT. HE SAID, MY DAD DIED OF ALZHEIMER'S. WHEN MOM COULDN'T TAKE CARE OF HIM ANYMORE, YOU KNOW, MAN BROTHERS AND I HAD TO. WE WERE GOING TO PUT DATA IN THE HOME , A BIG BOX HOME. WE DID NOT WANT THAT FOR HIM. I WISH THIS WERE AVAILABLE. IT WOULD HAVE BEEN GREAT. YOU KNOW, THAT MADE A BIG DIFFERENCE FOR ME AND WHY AM HERE TODAY TALKING. I APPRECIATE IT. THANK YOU. I LOOK FORWARD TO COMMENTS FROM THE NEIGHBORS , AND HOPEFULLY TALK IT OUT. THANK YOU SO MUCH.

>> OKAY. AS I UNDERSTAND THAT THERE'S NO HOMEOWNERS ASSOCIATION ASSOCIATION -- ASSOCIATED WITH THIS. HAVE YOU ATTEMPTED TO TALK WITH THE NEIGHBORS ABOUT THIS? BEN I DID, SIR. HE SENT LETTERS TO THE MEDIA NEIGHBORS ON MAY 8TH, INTRODUCING MYSELF. MY PHONE NUMBER, MY EMAIL, AS WELL AS THE PLANS AS THEY EXISTED NED -- THEN. THEY HAVEN'T CHANGED.

THEY ARE SUBSTANTIALLY THE SAME PLANS, WHICH WE ARE GOING TO ADD, THE ADDITION AND BASED -- BEDROOM CHANGES. THE CONSTRUCTION WE SENT THE TEMP -- THEM.

>> HOW MANY DID YOU HEAR FROM? >> NONE.

>> WE DID RECEIVE LETTERS IN OPPOSITION. SO YOU'RE AWARE OF

THAT. THANK YOU. >> THANK YOU.

>> IS THERE ANYONE HERE WHO IS IN SUPPORT OF THIS PETITION? SEEING NONE. IS THERE ANYONE OPPOSED? THOSE THAT ARE OPPOSED, HOW MANY? LET ME SEE YOUR HANDS. THERE ARE THREE, FOUR? WE HAVE 15 MINUTES FOR THIS PART OF THE PUBLIC HEARING, SO WE ARE GOING TO DIVIDE THE 15 MINUTES BY FOUR OH THAT TRANSLATES TO FOUR MINUTES HE. HOW IS THAT? HELP

YOURSELVES, SOMEBODY COME UP. >> MY NAME IS JILL. I WAS INTERESTED IN THIS PETITION . I'M NOT NECESSARILY OPPOSED, BUT THERE ARE SOME ISSUES, AGAIN, I WOULD LIKE TO BRING UP. IT IS LOCATED ON 116TH STREET, WHICH IS AN EXTREMELY BUSY STREET. I WONDER WHAT PRECAUTIONS ARE BEING TAKEN SO THE RESIDENTS WOULD NOT WANDER OUT ONTO 116TH STREET. I WAS TOLD BY A NEIGHBOR IN THAT AREA . I ACTUALLY LIVED IN THAT AREA FOR ABOUT 27 YEARS, SO UNFAMILIAR WITH THE AREA. SHE HAD A NEIGHBOR THAT DID WANDER OUT ON 116 STREET ONE TIME WHO HAD DEMENTIA AND HOW TO HELP THE PERSON GET BACK ON. NOT IN THE CIRCUMSTANCE, BUT I THINK THAT'S IMPORTANT. OBVIOUSLY I AM IN FAVOR OF MEETING THE NEEDS OF PEOPLE WITH DEMENTIA.

MY MOM HAD DEMENTIA. I'M VERY SYMPATHETIC TO THAT. BUT I NOTICED THAT THE PETITIONER WAS ASKING FOR 20 YEAR TERMS, SPECIAL EXCEPTION FOR 20 YEAR TERM. I THINK THAT'S TOO LONG OF A TIME. I WOULD SUGGEST IT WOULD BE FIVE YEARS IF EVERYTHING'S GOING WELL IN FIVE YEARS, I THINK THAT'S GREAT. IF NOT THERE COULD BE SOME CHANGES. I DIDN'T HEAR, AND I DIDN'T READ THROUGH THE WHOLE POCKETS, BUT ANYTHING ABOUT UNIVERSAL DESIGN, IN TERMS OF THE HOUSE. IS THAT BEING PLANNED FOR A RAMP, IF THAT'S NECESSARY? HOW TO MAKE THE HOME ACCESSIBLE FOR THE PEOPLE THAT ARE THERE. I DID HEAR THAT ONLY , I THINK, THREE NEIGHBORS WERE CONTACTED . THIS WOULD AFFECT PEOPLE BEYOND THAT. THAT MAY BE WHAT THE NORM IS, BUT I WISH PEOPLE ASKING FOR PERMITS WOULD REACH BEYOND THE IMMEDIATE NEIGHBORS. THOSE ARE THE THINGS I WANT TO BRING

UP, THANK YOU. >> THANK YOU. HOW MANY YEAR WAS

THIS SUPPOSED TO GO FOR? >> THE ORDINANCE ALLOWS FOR UP

[00:25:10]

TO 20 YEARS. >> IT ALLOWS UP TO 20 YEARS. IF IT WAS TO BE APPROVED, IT WAS TO BE APPROVED FOR 20?

>> IT CAN BE. THE HEARING OFFICER CAN DECIDE.

>> THE CHOICES ARE 10, 15 OR 20? IS THAT CORRECT?

>> I WILL DOUBLE CHECK. >> ALL RIGHT. NEXT.

>> GOOD EVENING, MY NAME IS -- WE LIVE AT 22 GREEN PLACE. WE HAVE LIVED THERE FOR 36 YEARS. MY PROPERTY IS DIRECTLY SOUTH OF THE PROPERTY IN QUESTION. MR. HINES HAS ADDRESSED MANY OF THE CONCERNS I'VE HAD, CONCERNING THE USAGE OF THE BUILDING. I THINK THAT THE USAGE -- I DON'T BELIEVE IT'S APPROPRIATE FOR THE AREA. THIS MAY BE CONTRARY TO REGULATION, OR WHATEVER. OUR SUBDIVISION WAS CREATED IN 1970 AS A SINGLE-FAMILY RESIDENTS AREA. THIS IS NOT A SINGLE-FAMILY RESIDENTIAL USAGE. IT SIMPLY, TO ME, WHERE HOUSING FOLKS WITH ALZHEIMER'S AND/OR DEMENTIA . I KNOW THAT MAY NOT BE POLITICALLY CORRECT, BUT I DON'T FEEL THIS IS

APPROPRIATE. >> THANK YOU.

>> ALSO, IF IT IS APPROVED, IS THERE SOME WAY WE COULD HAVE A LIVING FENCE ALONG THE PROPERTY LINES?

>> TO THE SOUTH? >> TO THE SOUTH. THAT SOMETHING WE COULD POSSIBLY TALK ABOUT. OKAY.

>> THANK YOU. >> ALL RIGHT.

>> NEXT. >> MY NAME IS RICH WALLACE, I LIVED TWO HOUSES DOWN ON 116TH STREET, RIGHT AT THE CORNER OF GREEN AND 116TH. 11543 GREEN. I MOVED THERE WITH AN EXCAVATOR IN MY FRONT YARD. THEY WERE WIDENING 116TH STREET. I GOT TO SEE CARMEL CHANGE QUITE A BIT . I'VE BEEN A PART OF THAT, AS WELL. I WAS A BUILDER FOR A WHILE. I DEALT THREE COMMUNITIES IN CARMEL. ON WHAT RICK WAS SAYING, I WAS -- I AM IN AGREEMENT WITH. FIRST OFF, MY MOTHER -- MOTHER-IN-LAW HAS DEMENTIA. HAS HAD DEMENTIA FOR 10 YEARS . HAS BEEN IN THE FACILITY IN THE AREA. SHE'S BEEN WELL TAKEN CARE OF. WE SEE HER ALMOST WEEKLY. AND IN CONSTANT COMMUNICATION WITH THOSE FOLKS. THEY ARE GREAT. I THINK THE IDEA OF WHAT MR. HINES WANTS TO DO, I THINK, IS A NEAT IDEA, BUT I DON'T THINK IT'S RIGHT IN OUR AREA. ON 116TH STREET, NEXT TO THE -- THANKS TO THE ROUNDABOUTS ON KEYSTONE AND GRAY, IT'S A DRAGSTRIP NOW. AT 5:00 IT'S BACKED UP LIKE IT WAS WHEN WE HAD STOP AND GO LIGHTS. THEY SAID THAT WOULD BE IMPROVED, AND IT WASN'T HOWEVER, THE ROUNDABOUTS WERE VERY NICELY -- WAS VERY HELPFUL ON -- SOME THINGS ARE GOOD IN SOME ASPECTS, BUT NOT IN EVERY ASPECT. WE HAVE -- I KNOW THERE ARE TWO IN MY AREA READY. THERE'S ONE UP ON -- THERE'S FOUR ON THE EAST SIDE OF KEYSTONE, AS WE SPEAK NOW. HE WOULD HAVE TO PUT IN SOME SAFETY MEASURES. SOME DOORS THAT WOULD SELF LOCK. YOU KNOW. THEY DO PROVIDE THOSE IN THESE MEMORY CARE FACILITIES, SO THESE PEOPLE DON'T WANDER OFF.

OTHERWISE THEY ARE GOING TO BE OUT ON 116TH STREET BEFORE THE TWO STAFF MEMBERS REALIZE IT. THEY DO STAFF TWO DURING THE DAY, AND ONE AT NIGHT. AND I GOT THAT FROM LEGATO LIVING TODAY, WHEN I TALK TO A REGIONAL NURSE. SO THAT'S MY

[00:30:07]

HE'S GOING TO MAKE MONEY DOING THIS. I AM NOT OPPOSED TO THAT.

THAT'S WHAT WE ALL ARE HERE IN THE UNITED STATES, WE TRY TO MAKE MONEY. I LOST MY TRAIN OF THOUGHT. OH. WE NEED TO LIST THIS , NOT AS A SINGLE-FAMILY DWELLING, AS ITS LIST -- LISTED -- YOU GET ON THE WEBSITE AND LOOK ON THE PROPERTY, ALL OF THESE PROPERTIES THAT ARE GROUP HOMES ARE LISTED AS SINGLE-FAMILY. AND IT'S NOT A SINGLE-FAMILY. IT IS MULTIFAMILY. AND IT'S A BUSINESS. IT SHOULD BE LISTED AS SUCH SO PEOPLE WHO MOVE INTO THE AREA REALIZE THEY ARE MOVING NEXT TO A BUSINESS. THAT'S MY TWO CENTS.

>> I APPRECIATE YOU, VERY MUCH. WE STILL HAVE ONE MORE PERSON WE WOULD LIKE TO HEAR FROM. THANK YOU.

>> HELLO, MY NAME IS NATALIE HINES. I AM THE IMMEDIATE NEIGHBOR TO THE WEST. WE SHARE PROPERTY LINE. SAME CONCERNS WITH SAFETY, HAVING A BUSINESS ZONE NEXT-DOOR, AND WHAT THAT LOOKS LIKE DOWN THE LINE, SHOULD THIS BUSINESS NO LONGER EXIST. IS THERE ANOTHER BUSINESS GOING TO COME IN? ANOTHER ISSUE IS TRAFFIC AND PARKING. THESE FACILITIES ARE NOT SET UP TO -- WHEN THEY NEED HELP, THEY NEED TO CALL EMT AND FIRE, AND THEY CANNOT GET INTO THAT AREA. WE HAD ANOTHER NEIGHBOR DOWN THE ROAD FROM US ON A AND 16TH STREET THAT HAD TO CALL FOR HELP. THEY HAD TO BLOCK OUT THE WHOLE ROAD. WE HAVE THE FIRE DEPARTMENT, EMT, AND THE FULL ENGINE IN THE MIDDLE OF 116TH STREET WHILE THEY CARE FOR ONE OF OUR NEIGHBORS. IT'S NOT A GREAT PLACE TO BE. ALSO CONCERNED WITH PARKING. I KNOW THEY WANT TO ADD TWO PARKING SPOTS, WHICH ARE GOING TO UP TO OUR PROPERTY LINE. MY DAD WAS IN MEMORY CARE LAST SUMMER. WE HAD FOUR VEHICLES AT MEMORY CARE EVERY DAY, WITH OUR FAMILY MEMBERS. THEY HAVE 10 PEOPLE THERE, AND STAFF. TO STAFF AND FAMILY MEMBERS. THEY ARE SAYING THIS IS AN END-OF-LIFE TIME WHERE PEOPLE ARE GOING TO WANT TO COME AND VISIT, THAT'S NOT GOING TO SUPPORT ALL OF THESE PEOPLE PARKING . IT IS A SMALL HOUSE. A SMALL LOTS. FOR ALL THOSE PEOPLE TO TRY TO PARK, EVEN WITH TWO MORE SPOTS IS GOING TO BE REALLY DIFFICULT. PRIVACY ISSUES HAVE BEEN BROUGHT UP, I AM NOT SURE HOW MUCH OF THE FENCING AROUND THE PROPERTY AS A -- ONE OF THE FENCES IS MY FENCE. THIS OUT -- FENCE TO THE SOUTH IS PROBABLY THE FENCE I'M USING. THAT'S ANOTHER CONCERN. FINALLY, OUR PROPERTY VALUES. IN SPEAKING TO MY REALTOR, THIS IS MY FIFTH SUMMER IN THE NEIGHBORHOOD, WHICH WE ARE MOVING INTO A NEIGHBORHOOD WE WANTED TO LIVE IN A RESIDENTIAL AREA. HER FIRST CONCERN WAS YOUR PROPERTY VALUES MAY TAKE A HIT BECAUSE OF RINGING THIS BUSINESS IN.

THOSE ARE MY CONCERNS I HAVE. >> I KNOCKED ON YOUR DOOR THIS MORNING, WANTED TO TALK TO THE NEIGHBORS, BUT NOBODY ANSWERED

THE DOOR. >> I WAS TEACHING SUMMER

SCHOOL. >> THANK YOU FOR COMING

TONIGHT. >> THANK YOU. OKAY, THE PUBLIC HEARING PART OF THIS IS OVER. COULD WE HEAR THE --

>> REBUTTAL . >> I'M SORRY?

>> REBUTTAL. >> OH, I'M SORRY. PETITION , WHICH YOU ADDRESS SOME OF THE CONCERNS THAT WERE VOICED?

THANK YOU. >> OKAY, I WILL TRY TO TAKE THEM TOGETHER, SOME OF THESE. ONE IS 116TH IS A BUSY ROAD.

THAT'S WHY WE DID WANT THE EXTRA PARKING SPOT OR TWO TO ADDRESS THAT. THE OTHER THING IS, WITH SAFETY. THIS IS GOING TO BE -- AGAIN, WE HAVE A TOP-NOTCH TEAM HERE. ADDRESSING

[00:35:06]

>> THANK YOU VERY MUCH. I WOULD LIKE FOR ANGIE AND SERGIO TO HELP ME UNDERSTAND SOMETHING HERE. IF THIS IS A COMMERCIAL FRANCHISE , HOW IS IT CLASSIFIED AS RESIDENTIAL?

>> THE STATE OF INDIANA, FEDERAL GOVERNMENT, AND YOU DEAL CLASSIFIES GROUPS -- GROUP HOMES AS RESIDENTIAL USE. GROUP HOMES HAVE CERTAIN FEDERAL PROTECTIONS UNDER A.D.A. .

STATE OF INDIANA ALSO HAS PROTECTIONS FOR GROUP HOMES, ESPECIALLY MEMORY CARE GROUP HOMES, AS OPPOSED TO RECOVERY HOMES . THEY HAVE EVEN MORE PROTECTION , SO THAT'S WHY IT CLASSIFIED AS A RESIDENTIAL USE. IT IS NOT CLASSIFIED AS A

COMMERCIAL USE. >> I SEE. OKAY. DEPARTMENT

REPORT, PLEASE. >> THANK YOU. THE PETITIONER PROPOSES A 10 PERSON GROUP HOME . IN OUR UNIFIED DEVELOPMENT ORDINANCE, IF SOMEONE IS PROPOSING A NINE TO 12 PERCENT HOME, IT WOULD BE TITLE TO A FAVORABLE CONSIDERATION AS LONG AS IT'S NOT OPPOSED BY THE DIRECTOR OF COMMUNITY SERVICES.

I DID SPEAK WITH THE DIRECTOR OF COMMUNITY SERVICES, AND HE IS NOT OPPOSED TO THIS PROPOSAL, AS IT DOES NOT NEED ADDITIONAL VARIANCES FOR COVERED LAW OR PARKING, THINGS LIKE THAT. IT DOES MEET THE ORDINANCE, ASKED THOSE THINGS GO. AS SERGIO STATED, A GROUP HOME IS CONSIDERED A RESIDENTIAL USE BY THE UNIFIED DEVELOPMENT ORDINANCE, AS WELL AS BY THE STATE AND FEDERAL LAWS. IN ALL THREE ASPECTS IT'S CONSIDERED A RESIDENTIAL USE. THE PETITIONER IS STILL WORKING WITH THE CITY DEPARTMENTS, AS FAR AS ADDRESSING REVIEW COMMENTS. WE DO RECOMMEND THAT IF APPROVED, ONE OF THE CONDITIONS OF APPROVAL, TO ADDRESS THE REMAINING REVIEW COMMENTS . THE OTHER CONDITION OF APPROVAL, WE WOULD LIKE TO SEE YOU, IS THAT THE PETITIONER REQUIRED -- OUT AND LIMITATIONS AS IT RELATES TO THE UTO.

>> I WOULD LIKE TO CONFER WITH THE ATTORNEY FOR A MOMENT. I AM

[00:40:02]

[D. (V) Felts Residence, Rear Yard Setback Variance]

400084V. >> THANK YOU, MY NAME IS MATT.

I REPRESENT OLDTOWN DESIGN GROUP. I AM THE BUILDER FOR THE PHELPS FAMILY. SINGLE FAMILY HOME IN THE COMMUNITY. THERE ARE 10 SINGLE-FAMILY LOTS IN THIS COMMUNITY. I THINK ORIGINALLY WHEN IT WAS CREATED THEY WERE ALL CREATED FOR A REAR GARAGE ENTRANCE. THREE OUT OF THE 10 LOTS OUR FRONTLOAD.

THIS ORDINANCE HAS A 25 -- 20 FOOT MINIMUM SETBACK ON THE REAR. THE HOUSE THAT WE DESIGNED IS FOR A FRONTLOAD. WE WANT TO MATCH THE EXISTING ARCHITECTURE AND HAVE THE FRONTS OF THE HOUSE ALL ALIGNED AND LOOKING NICE. THIS ONE -- THIS WOULD GIVE THE PARTICULAR HOMEOWNER A LARGER BACKYARD, BUT THEY DON'T NEED IT, FOR A GARAGE. WE ARE ASKING FOR THAT

REQUEST. >> THAT'S IT?

>> YEP. >> ALL RIGHT, THANK YOU. IS THERE ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE. ANYONE OPPOSED? SEEING NONE. DEPARTMENT REPORT, PLEASE.

>> THANK YOU. THIS IS A PRETTY STRAIGHTFORWARD REQUEST. THE PETITIONER SEEKS REAR BUILDING SETBACK OF 36 FEET. A PRIOR VARIANTS THAT ALLOW FOR MINIMUM 25 FOOT REAR SET BACK. VARIANTS OF CLOSE TO 12 FEET. THE GOOD THING IS THAT BEHIND THIS PROPERTY IS PROPOSED TO BE OPEN SPACE WITH THE STREAM. IT WOULD JUST BE ADDING TO THAT OPEN SPACE CHARACTER. PLANNING STAFF DOES SUPPORT THE REQUEST. WE RECOMMEND POSITIVE CONSIDERATION, AS WELL AS THE ADOPTION OF FINDINGS OF FACT.

THANK YOU. >> THANK YOU. ALL PLANNING AND ZONING REVIEW COMMENTS HAVE BEEN ADDRESSED. THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST . AND

[D. (V) Singh Minor Subdivision Variance.]

PETITIONER, COME FORWARD, PLEASE, THANK YOU.

>> GOOD AFTERNOON. PAT ROONEY ON THE HALF OF -- FOR PETITION PZ 2024 0087. PETITIONERS PROPOSE VARIANCE WITH RESPECT TO THE DEDICATION OF RIGHT AWAY, AS REQUIRED UNDER UTO SECTION 1.07. AS FURTHER DESCRIBED IN OUR FINDINGS OF FACT, AND THEN NATION PACKET, SUBDIVIDING APPROXIMATELY 14 ACRES INTO TWO LOTS SO THE TWO BROTHERS AND THE IN-LAWS CAN EACH BUILD A NEW CUSTOM HOME AND RAISE THEIR FAMILIES TOGETHER. PETITIONERS HAVE ALREADY SPENT A SIGNIFICANT AMOUNT OF MONEY ON THE LOT. THE PLANS, WORKING THROUGH A MYRIAD OF AN ANTICIPATED DRAINAGE AND UTILITY ISSUES. THIS VARIANCE WOULD SAVE THE PETITIONERS OVER $400,000 FOR UTILITY REINFORCEMENT. WHICH WOULD CONTINUE TO BE UNDER GRASS AND LANDSCAPING. IF THIS PETITIONER WAS NOT -- IF THE PETITION WAS NOT APPROVED, IT WOULD FORCE THE PETITIONERS TO KEEP AN OLD DILAPIDATED HOUSE INSTEAD OF TWO NEW CUSTOM HOMES. THE APPROVAL OF THIS VARIANCE WILL INCREASE THE SUBJECT PROPERTY AND NEARBY PROPERTIES DRAMATICALLY, FOR ALL THOSE REASONS PLUS THOSE IN THE STAFF REPORT. PETITIONER RESPECTFULLY

ASKS FOR APPROVAL. >> THANK YOU. ANYONE IN FAVOR

[00:45:02]

DEPARTMENTS REPORT, PLEASE? >> THANK YOU. AS THE PETITIONER STATED, THERE ARE TWO RESIDENTIAL LOTS PROPOSED ON 14 ACRES TOTAL. THERE ARE TWO PRETTY BIG CHALLENGES WITH THE SITE. ONE IS A VERY WIDE LEGAL DRAIN EASEMENT, AS WELL AS A GAS PIPELINE EASEMENT. ONE IS 139 FEET WIDE. ONE CROSSES 106TH STREET. TOGETHER IS 218 FEET WIDE. THE PETITIONER IS REQUESTING A SLIGHT RELIEF FROM HAVING TO DEDICATE RIGHT-OF-WAY IN THAT AREA, AND INSTALLING A PATH. PLANNING STAFF DOES RECOMMEND POSITIVE CONSIDERATION OF THIS VARIANCE, ALONG WITH THE ADOPTION OF FINDINGS OF FACT. THANK YOU.

>> THANK YOU. ALL PLANNING AND ZONING REVIEW COMMENTS HAVE BEEN ADDRESSED. PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST. DEPARTMENT OF COMMUNITY SERVICES RECOMMENDS POSITIVE CONSIDERATION. AND SO TO WHY. THANK YOU. NEXT ITEM IS

[D. (V) Hauser Accessory Building Variance.]

>> HI, MY NAME IS JERRY. I'M REQUESTING VARIANCE TO INSTALL EIGHT METAL DETACHED GARAGE ON A CONCRETE PAD TO NOT ONLY HOUSE A SMALL CAMPER, WHICH IS PARKED , CURRENTLY, IN FRONT OF MY HOUSE. AND TO STORE BICYCLES , LAWNMOWERS , GARDEN TOOLS AND SUCH. IT IS DETACHED. IT WILL BE LOCKED . THERE WILL BE FENCE ALL THE WAY AROUND IT WITH A LOCKING GATE IN FRONT OF THOSE.

>> THANK YOU. I VISITED YOUR HOUSE TODAY. I SAW THE TRAILER.

BUT I COULDN'T SEE THE BACK OF THE HOUSE IS ALL CONCRETE NOW.

>> THERE IS A PAD THERE. THERE IS A PAD THERE.

>> THERE IS A PAD IN THERE. OKAY. HAVE YOU TALKED TO

NEIGHBORS? >> I SENT OUT LETTERS. I HAD THE SIGN AND SUBMITTED THE REQUEST IN THE LOCAL PAPER.

>> DID YOU HEAR FROM ANYONE? >> THERE WAS ONE LETTER.

>> OKAY. I THINK WE HAVE TWO. >> I'M SORRY?

>> I THINK WE HAVE TWO LETTERS CONCERNING YOUR PETITION. IF I'M NOT MISTAKEN. KNOW, MAYBE ONE LETTER. OKAY, SORRY. YEAH,

YOU SAW THE LETTER, RIGHT? >> I DID.

>> AND YOU ADDRESS THE CONCERN THAT LETTER --

>> ONE THING I DID SEE WAS ABOUT A WATER RUNOFF. IT'S VERY MINIMAL. WHAT I PLAN IS TO PUT GRAVEL AND BUSHES IN BETWEEN THE FEDS AND BUILDING. I HAVE ACTUALLY HAD THE SAME COMPANY SET UP A BUILDING WHERE I USED TO LIVE. I GOT SEVERAL COMMENTS ABOUT HOW NICE IT WAS. IT WAS SETTING AT THE END OR NEAR MY LATERALS, WHERE I USED TO LIVE. NEVER HAD A PROBLEM.

THE BUILDING THAT I DID HAVE INSTALLED WAS ACTUALLY LARGER

THAN I AM ASKING FOR NOW. >> OKAY.

>> I MEAN IT'S -- >> OKAY, THANK YOU.

>> SURE. >> ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE. ANY OPPOSED? I THINK THE LETTER WRITER IS OPPOSED. WE HAVE ADDRESSED HIS CONCERNS ABOUT HOW THE STORM DRAINAGE IS GOING TO BE HANDLED. I GUESS, THE WAY I SEE IT, IT'S CONCRETE NOW . SO IF IT RAINS, THE WATER FINDS ITS WAY AWAY FROM THE CONCRETE, AND IT WOULD BE THE SAME WAY AFTER WE PUT A THING ON TOP OF IT. I DON'T THINK THERE'S GOING TO BE A CHANGE AS FAR AS THE DRAIN IS CONCERNED.

DEPARTMENTS REPORT, PLEASE. >> THANK YOU. THE PETITIONER PROPOSES AN ACCESSORY BUILDING AT THE BACK CORNER OF THE PROPERTY. IT WILL BE A METAL SIDING AND ROOFING. IT WILL BE TAN IN COLOR. APPROXIMATELY 13 FEET TALL. AS THE PETITIONER STATED, IT WOULD BE LOCATED BEHIND A PRIVACY FENCE.

PROBABLY COULDN'T SEE MOST OF IT. MAYBE JUST THE TOP ROOF

[00:50:01]

FACT. THANK YOU. >> I GUESS YOU ARE AWARE THAT YOU HAVE TO GET THE APPROVAL OF THE BOARD OF PUBLIC WORKS. NO? THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST, WITH THE CONDITION THAT THE PETITIONER GAIN A CONSENT FROM THE PUBLIC WORKS AND SAFETY. IF YOU ARE NOT AWARE OF THAT, YOU

SHOULD BE BY NOW. NO? YES. >> I DID LIKE TO POINT OUT, WE DID SEND HIM AN EMAIL ON MAY 24TH STATING HE WOULD NEED TO

FILE FOR THAT. >> YOU DID NOT HEAR BACK?

>> KNOW. I WILL RESEND THE EMAIL TO HIM.

>> YOU DIDN'T GET THE EMAIL? YOU ARE ENCROACHING ON AN EASEMENT. SO YOU NEED THE APPROVAL OF THE BOARD OF PUBLIC WORKS TO BE ABLE TO ENCROACH ON IT. OKAY? SO YOU ARE AWARE OF THAT, RIGHT? OKAY. ANGIE, IS THERE ANYTHING ELSE?

>> THAT'S THE ONLY THING, WE CAN FOLLOW UP WITH HIM AFTER

THIS MEETING. >> OKAY. AS LONG AS YOU ARE AWARE OF THAT BEFORE DOING THE WORK.

>>

>> THE EASEMENT IS FOR WHAT, ANGIE?

>> BECAUSE IT'S SUCH AN OLD SUBDIVISION, IT JUST SAYS IT'S IN THE EASEMENT. THAT COULD BE ANYHING. IT COULD BE FOR DRAINAGE, UTILITIES, THINGS LIKE THAT. YES.

>> IT'S A UTILITY? PARDON ME? YOU GOT APPROVAL FROM THE BOARD OF PUBLIC WORKS? YOU HAVE IT? I JUST WANT TO MAKE SURE THAT MY APPROVAL IS CONTINGENT ON THE CONDITIONS WE ARE TALKING ABOUT HERE. OKAY. I HAVE NO OBJECTION TO THIS EDITION. I APPROVE IT WITH THE KNOWLEDGE THAT THERE ARE SOME ISSUES THAT HAVE TO BE

[D. (V) Coleman Pool Setback Variance]

PETITIONER, PLEASE COME FORWARD. THANK YOU.

>> GOOD EVENING , MY NAME IS BILL. I'M HERE REPRESENTING THE COLEMAN RESIDENTS. WE ARE SEEKING DEVELOPMENT STANDARD VARIANCE FOR APPROVAL TO ENCROACH A 6.6 FEET INTO A MINIMUM 10 FOOT SETBACK OF A SIDE LOT IN ORDER TO BUILD A SWIMMING POOL. AT 12737 PARSONS GATE IN CARMEL.

>> THAT'S IT? ALL RIGHT, THANK YOU. ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE. ANYONE OPPOSED? OPPOSED? PLEASE COME FORWARD. FIVE MINUTES. IT'S ON.

>> OKAY, THANK YOU. BLAKE FROM -- REPRESENTING SEAN AND MARY SULLIVAN. THEY RESIDE AT 1911 HOURGLASS DRIVE. THAT IS DIRECTLY TO THE EAST OF THE COLEMAN PROPERTY. THEY FACED 90 DEGREES, ROTATED . HALF OR TWO THIRDS OF THEIR WESTERN PROPERTY LINE ABUTS THE COLEMAN'S EASTERN PROPERTY LINE. THESE ELEVATIONS ARE AGAINST THE APPROVAL OF THIS VARIANCE BECAUSE WE BELIEVE IT WILL ULTIMATELY DAMAGE THEIR PROPERTY AND HEARD THEIR PROPERTY VALUE IF APPROVED, AS THESE PLANS SHOW. AS DRAFTED, I BELIEVE THE RETAINING WALL IS ON THE NORTH SIDE OF THE PARTY, WHICH ABUTS A DIFFERENT PROPERTY OWNER. BUT THE PLANS THAT ARE DRAFTED CALL FOR A SUBSTANTIAL, I BELIEVE, FIVE FOOT TALL LIMESTONE WALL ALONG MOST OF THE EASTERN BOUNDARY OF THE PROPERTY. THIS PROPERTY IS INTERESTING IN THAT EAST TO WEST, BACK TO FRONT, IT SLOPES

[00:55:05]

NOT HELP TO PROPERTY VALUES. BUT SUBSTANTIALLY HINDER THE NATURAL DRAINAGE. AS IT SITS RIGHT NOW, THERE'S A BLACK RIGHT IRON FENCE JUST INSIDE THE PROPERTY LINE ON THEIR PROPERTY. THE WATER NATURALLY FLOWS DOWN THAT HILL, AND IT COLLECTS AN AREA WHERE WE ARE HAVING AN ISSUE. THE CONCERN FROM THE SULLIVANS IS THAT CREATING A LARGE WALL RIGHT THERE WILL ONLY EXASPERATE THOSE PROBLEMS AND CREATE FLOODING IN AN AREA THAT'S ALREADY LOW. THE FINDINGS OF FACT THERE'S A DRAINAGE AND UTILITY EASEMENT RIGHT THERE.

IN ADDITION TO CREATING THIS WALL AND NOT CREATING A VISUALLY AESTHETICALLY PLEASING SCENARIO, POTENTIALLY RAISING ALL THIS LAND, THIS IS GOING TO BE A SUBSTANTIAL AMOUNT OF HARD SCAPE, DIRT AND STONE BEING PLACED ON TOP OF AN EASEMENT.

CHECK IN MY NOTES TO MAKE SURE I COVERED EVERYTHING HERE. WE ALSO HAVE SERIOUS CONCERNS ABOUT IF THIS IS APPROVED, THE PARKING AND ALL THE CONSTRUCTION EQUIPMENT. THIS IS A VERY LARGE PROJECT. DEMOLISHING ONE POOL, CREATING ART SCAR -- HARD SCAPE, GRADING ANOTHER POOL, AND A WALL THAT CIRCULATES MOST OF THIS PROPERTY. IT'S UNIQUE THAT THE SULLIVANS PROPERTY EXTENDS THROUGH THIS ALLEYWAY THAT ALL THESE CONTRACTORS ARE GOING TO HAVE TO USE. THEY'RE EITHER GOING TO BE PARKING ON THIS NARROW ALLEYWAY, RESTRICTING ACCESS, OR WORKING ON THE SULLIVANS PROPERTY TO DO A LOT OF THIS WORK. OUR CONCERN IS, IF THIS IS APPROVED, IT'S GOING TO CAUSE A SUBSTANTIAL AMOUNT OF DAMAGE TO THE SULLIVANS PROPERTY. WE ASKED THE VARIANCE BE DENIED, OR AT A MINIMUM, FURTHER CONSIDERATION SO WE CAN GET ADDITIONAL INFORMATION FROM THE LANDSCAPERS TO BASICALLY EXPLAIN EXACTLY WHAT'S GOING TO HAPPEN AND HOW THAT'S GOING TO AFFECT THE SULLIVANS PROPERTY. IF IT TURNS OUT THEY CAN EXPLAIN WHAT'S GOING ON AND YOU'RE NOT GOING TO HAVE A LOT OF LAND BEING RAISED AND THINGS LIKE THAT, THERE MAY NOT BE AN ISSUE. RIGHT NOW WE DON'T THINK WE HAVE ENOUGH INFORMATION AND FEEL WE NEED TO DEMONSTRATE AGAINST THIS. THE REQUEST BE DENIED OR SENT BEFORE THE -- FOR FURTHER CONSIDERATION. IF THIS BODY IS TO APPROVE IT, TONIGHT, WE WOULD REQUEST THERE'S COMMITMENTS MADE THAT THERE WILL NOT BE A SUBSTANTIAL RAISING OF ELEVATION OF THEIR PROPERTY. SECOND WE REQUEST COMMITMENTS REGARDING HOW THEIR CONTRACTORS ARE GOING TO BE PARKING IN AND AROUND THE SULLIVANS PROPERTY SO THEY ARE NOT DAMAGING BROCK, GRASS , IF IT GETS WAY -- WHAT. THANK YOU VERY MUCH.

>> DID YOU SEEK THE PETITIONERS TO DISCUSS SOME OF THE

CONCERNS? >> WE DID NOT. THE SULLIVANS RESIDE PARTIALLY HERE RIGHT NEXT TO THE COLEMAN -- COLEMAN'S, BUT THEY ALSO LIVE IN FLORIDA. THEY HAD BEEN IN FLORIDA FOR AN EXTENDED PERIOD OF TIME. THE INFORMATION WAS SENT TO THE FLORIDA ADDRESS WHEN THEY WEREN'T THERE. THEIR DAUGHTER FOUND ABOUT -- FOUND IT. THEY FOUND ABOUT THIS FRIDAY NIGHT. I EMAILED HER THIS AFTERNOON . THAT'S WHY THERE WASN'T THE ABILITY TO DISCUSS THIS. IF THERE'S AN OPPORTUNITY TO DISCUSS AND MORE INFORMATION, WE WILL WELCOME

BACK. >> ASKED THE PETITIONER TO ADDRESS YOUR CONCERNS. PLEASE.

>> THANK YOU. THE PRIMARY CONCERN IS FIVE FOOT WALL.

IT'S FALSE. FOR FOOT. AS STATED IN THE PLANS. YES, IT SAYS -60 AT THE BOTTOM OF THE STAIRS. AT THE TOP OF THE -- IT IT ALSO SAYS NEGATIVE 12. FOR FOOT. WE ARE NOT CHANGING

[01:00:07]

>> YOU ARE NOT RAISING THE GRADE?

>> WE ARE RAISING THE GRADE INSIDE THE BOUNDARY LINE OF THE PROPERTY BY A TOTAL OF FOUR FEET. JUST INSIDE THE PROPERTY LINE. WE ARE STAYING ONE FOOT INSIDE THE PROPERTY LINE , AND THEN BUILDING A FOUR FOOT WALL SO THEY CAN HAVE A USABLE YARD SPACE. AS EVERYBODY KNOWS, THESE ARE VERY TYPE PROPERTIES.

WE ARE VERY FAMILIAR WITH WORKING IN THAI URBAN SPACES IN AND AROUND CARMEL. IN OTHER COMMUNITIES AROUND INDIANAPOLIS. ONE OF OUR SPECIALTIES IS TRYING TO CREATE SPACE IN VERY TOUGH SPACES TO CREATE THAT. SO FAMILIES HAVE PLACES TO USE , WHERE A KID CAN THROW A BALL OR KICK A BALL. IN ORDER TO DO THAT ON THIS PROPERTY , IT'S EITHER, ONE, CUT DOWN FOUR FEET, OR RAISE UP ON THE OTHER SIDE. WE HAVE EARLY LANDSCAPED AROUND THE PROPERTY. RIGHT NOW MR. COLEMAN HAS THAT -- THE PREVIOUS LANDSCAPER DID A POOR JOB, WHICH HAS CAUSED BONDING. I THINK IF SPOKEN WITH ENGINEERING AND PLANNING , I THINK OUR PLAN DOES NOTHING BUT IMPROVE THE DRAINAGE SYSTEM THAT THE PROPERTY IS CURRENTLY DEALING WITH. WE SPOKE WITH MR. -- WHO ADJOINS DIRECTLY NEXT DOOR. HE IS IN SUPPORT. HE SENT A LETTER IN SUPPORT, KNOWING WE ARE GOING TO IMPROVE THE DRAINAGE. OUR OBJECTIVE IS TO IMPROVE THE LIFE OF NOT ONLY MR. NEXT-DOOR, THE SULLIVANS BEHIND THEM, AND ACROSS THE ALLEYWAY . ALSO IMPROVE THE PROPERTY VALUES. RIGHT NOW, MR. COLEMAN'S PROPERTY IS , FOR ALL INTENTS AND PURPOSES, WHEN YOU LOOK AT THE PROPERTIES AROUND HIM, IS NOT UP TO PAR WITH WHAT'S POSSIBLE THERE.

THAT'S WHY HE'S WANTING TO DO ALL OF THIS WORK. HE HAS BEEN MASSIVELY INVESTED IN THIS PROPERTY. DRAINAGE IS THE MOST IMPORTANT PART OF OUR JOB. WE DON'T TAKE IT LIGHTLY. I DO KNOW THAT THE CONCERNS OF THE ALLEYWAY -- THE HOA HAS GRANTED US ACCESS THROUGH THEIR , AND GIVEN THE SUPPORT FOR THIS PROJECT. ACCORDING TO THE HOA, IT WAS A MISTAKE THAT THE PROPERTY LINES WERE DRAWN TO THE CENTER OF THE ALLEYWAY, BUT WE DO HAVE ENOUGH EXCESS OF 12 FEET BEYOND OUR PROPERTY LINE TO STAY IN THE CENTER OF THE ALLEYWAY WITH OUR PARKING. AND DO EVERYTHING WE CAN TO MANAGE STAYING OUT OF THE SULLIVANS '

WAY. IT IS TIGHT, THOUGH. >> WHAT ABOUT THE QUESTION OF HEAVY EQUIPMENT BEING UTILIZED THERE, WHICH MIGHT CAUSE SOME

UPHEAVAL AROUND THERE? >> WE WILL HAVE MANY EXCAVATORS GOING IN THERE. LOADS OF STONE, THINGS OF THAT NATURE. WE WOULD BE HAPPY TO ACCOMMODATE OR WORK WITH THE SULLIVANS ON MAY BE USING SINGLE AXLE TRUCKS INSTEAD OF TANDEMS OR TRY AXLES. EVERY ONE OF THOSE HOMES WENT THROUGH CONSTRUCTION PROCESS AT ONE TIME OR ANOTHER, INCLUDING THE SULLIVANS. THEY ALL USED HEAVY EQUIPMENT. THE ALLEYWAY IS MAINTAINED BY THE

HOA, NOT THE SULLIVANS. >> ONE QUICK QUESTION, DID YOU SEE THE GRADING PLANS THEY HAVE FOR THE PROJECT?

>> OKAY, WITHOUT LOOKING AT THE PLANS, I DON'T THINK -- I DON'T SEE HOW YOU CAN MAKE A JUDGMENT THAT IT'S GOING TO UPSET THE DRAINAGE AREAS AND CAUSE ALL KINDS OF PROBLEMS TO

THE PROPERTY. >>

] >> IF WE HAVE SIGNIFICANT COMMENTS WE MIGHT WANT HIM TO COME TO THE MIC.

>> I APPRECIATE YOUR COMMENTS AND ADDRESSING SOME OF THOSE

CONCERNS. THE MAIN PRIMARY -- >> TWO MINUTES.

>> THE MAIN PRIMARY CONCERN HERE WAS WHETHER OR NOT THEY WERE PLANNING ON RAISING THE GRADE OF THE BACKYARD. IT SOUNDS LIKE IT IS EXACTLY WHAT THEY ARE GOING TO DO. WHAT HAPPENS IN TERMS OF PROPERTY VALUES TO THE NEIGHBORS. WHILE THEY ARE PUTTING IN POOL AND TREES, FROM THE OUTSIDE OF THE SULLIVANS HOUSE, THEY WALK OUT THEIR DRIVER, THEY'RE GOING TO SEE A FOUR FOOT STONE RETAINING WALL. IT'S NOT JUST A WALL. A

[01:05:05]

RAISING A FOUR FOOT HIGH. >> OKAY, THANK YOU.

>> THANK YOU. >> DEPARTMENTS REPORT, PLEASE.

>> THANK YOU. AS THE PETITIONER STATED, THE HOMEOWNERS ASSOCIATION HAS GRANTED APPROVAL FOR THIS PROJECT ALREADY. THE VARIANCE REQUEST IS FOR THE SWIMMING POOL , EQUIPMENT, AS WELL AS THE RETAINING WALL. A 10 FOOT SETBACK IS REQUIRED. THEY ARE REQUESTING A 3 1/2 FOOT SIDE BACK -- SETBACK. ALONG WITH THIS REVIEW OF THE OVERALL PROJECT, WE DID SEE THAT THERE IS THE 10 FOOT WIDE DRAINAGE UTILITY AND SEWER EASEMENT ON THE SIDE OF THE PROPERTY THAT HAS A LOT OF MATERIAL PROPOSED TO ENCROACH INTO IT. THAT IS WHY PLANNING STAFF IS SUPPORTIVE OF THE VARIANCE REQUEST, BUT WITH THE CONDITION OF APPROVALS FROM THE CARMEL ENGINEERING DEPARTMENT, AS WELL AS THE HAMILTON COUNTY SURVEYOR'S OFFICE. THANK YOU.

>> THANK YOU. PETITIONER, ARE YOU AWARE THAT YOU NEED APPROVALS OF THE CARMEL ENGINEERING DEPARTMENT AND HAMILTON COUNTY SURVEYOR'S OFFICE FOR ENCROACHMENT OF MATERIAL IN 10 FOOT WIDE DRAINAGE UTILITY AND SEWER EASEMENT, RIGHT? THAT RUNS ALONG THE REAR OF THE PROPERTY.

OKAY. THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST WITH THE CONDITION OF EASEMENT ENCROACHMENT APPROVALS.

DEPARTMENT OF COMMUNITY SERVICE RECOMMENDS POSITIVE CONSIDERATION OF THIS VARIANCE REQUEST WITH A CONDITION OF APPROVAL FROM THE ENGINEERING DEPARTMENT, AND HAMILTON COUNTY SURVEYOR'S OFFICE . I'M SORRY TO BE REPEATING THIS, BUT I THINK IT'S IMPORTANT TO KNOW THAT THERE ARE SOME CONDITIONS ATTACHED. I AM VERY SYMPATHETIC TO THE ISSUES YOU ARE RAISING, BUT I DON'T THINK THEY ARE ENOUGH TO DENY THIS PETITION.

SO THE PETITION IS APPROVED. THANK YOU. SEEING NO BUSINESS BEFORE THIS BOAR

* This transcript was compiled from uncorrected Closed Captioning.