[A. Call to Order] [00:00:09] >> I WOULD LIKE TO CALL THE ZONING BOARD OF APPEALS MEETING TO ORDER. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. THANK YOU. CAN WE GET A ROLLCALL? [D. Declaration of Quorum] [E. Approval of Minutes and Findings of Facts of Previous Meetings] >> SEEING A QUORUM, MOVED TO APPROVE THE MINUTES. >> SECOND. >> ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. OPPOSED? COMMUNICATION BILLS AND EXPENDITURES. >> I HAVE NOTHING TO ADD. >> YOU'RE UP. [H. (SE) 4423 E. 116th St. Group Home. ] >> THANK YOU. FIRST, WE HAVE 4423 17TH STREET GROUP HOME, DOCKET NUMBER PZ 20240083. IF THE PETITIONER WOULD COME FORWARD. YES, PLEASE. MAKE SURE YOU TURN ON THE MICROPHONE. >> HIT THAT BUTTON AGAIN, NOW IT'S ON. THANK YOU. SORRY ABOUT THAT. THANK YOU, BOARD OF ZONING AND APPEALS. I AM SEEKING A SPECIAL EXCEPTION FOR THE MEMORY CARE HOME FOR 10 RESIDENCE. I HOPE YOU HAD A CHANCE TO REVIEW THE INFORMATION PACKET THAT WAS SENT TO THE NEIGHBORS ON MAY 8TH AND JULY 11TH. I WOULD LIKE TO COVER BRIEFLY WHY I WANT TO OPEN THE MEMORY CARE HOME AND WHAT WILL BE DOING FOR THE REMODELING AND A LITTLE BIT ABOUT THE CARE PLAN I WILL GO WITH THE REMODELING. AS WAS THE NEIGHBORHOOD ENGAGEMENT WE HAVE HAD INCLUDING PROPERTY VALUES. I WOULD LIKE TO THANK DAVE HERMAN AS WELL AS THE PLANNING COMMISSION, THEY'VE BEEN GREAT TO WORK WITH OVER THE LAST FEW MONTHS. THERE IS A NEED IN THE COMMUNITY. ONE IN THREE PEOPLE ARE GOING TO DIE FROM ALZHEIMER'S OR OTHER DEMENTIA. ESPECIALLY WITH THE BOOMER POPULATION AGING. A LOT OF FOLKS WILL BE HEADING OUT. CLOSER TO HOME IN THE NORTHERN PART OF INDIANAPOLIS, 81,000 PEOPLE THAT ARE 65 OR OLDER. BY 2029 THAT NUMBER WILL INCREASE TO 107,000. FOLKS WHO ARE 80+ RIGHT NOW, ABOUT 8200. THAT NUMBER BY 2029 WILL INCREASE TO 12,000. A 50% INCREASE. THAT IS THE GROUP OF FOLKS THAT WE ARE TAKING CARE OF. THERE ARE ABOUT 4000 MORE PEOPLE IN THAT AGE GROUP. ONE IN THREE OF THEM WILL GET MEMORY CARE. CURRENTLY THE OPTIONS ARE NORMALLY WITH BIG-BOX FACILITIES. THERE ARE 14 RESIDENTS AND ONE CAREGIVER ON A GOOD DAY. ON A BAD DAY IT COULD BE 24 TO ONE AND AT NIGHT, IT COULD BE 40 TO ONE CAREGIVER. THAT IS A LOT OF PEOPLE. THERE IS IN-HOME CARE ON A ONE TO ONE BASIS. WE ARE LOOKING AT HAVING TWO CAREGIVERS AT HOME DURING THE DAY AND ONE AT NIGHT. 10 RESIDENCE WITH A 5-1 RATIO. THAT ALLOWS US TO DO A LOT OF GREAT THINGS WITH THE RESIDENCE. AND WORK WITH THEM. WHAT WE ARE PLANNING TO DO WILL BE IN THE HOME ENVIRONMENT AND THE NEIGHBORHOOD. THAT IS IMPORTANT. ALL STUDIES HAVE SHOWN THAT BEING IN A HOME ELIMINATES A LOT OF PROBLEMS THAT YOU HAVE IN INSTITUTIONS WHERE FOLKS ARE STUCK IN THEIR ROOMS AND DO NOT HAVE STIMULATION AND PROGRAMMING THAT YOU WANT TO HAVE. BEING IN A NEIGHBORHOOD OR A HOME IS VERY IMPORTANT. FOLKS HAVE SUBMITTED INFORMATION THAT THERE ARE 1000 BEDS IN CARMEL. THERE ONLY TWO HOMES SIMILAR TO [00:05:07] OURS. THERE ARE 10 RESIDENCE EACH. THOSE ARE FULL. WHAT WE ARE DOING IS ADDING 10 MORE FOLKS TO THAT. WE WOULD LIKE TO ADD 10 OF THIS MORE SPECIAL TYPE. IN TERMS OF WHAT WE ARE DOING FOR THE REMODELING, I THINK YOU ALL HAVE PACKETS . OUR FOCUS IS ON THE COMMUNAL SPACE. >> DO YOU HAVE THOSE DRAWINGS WITH YOU? >> I DO. I HAVE A PRINT OFF SO THAT THE PUBLIC CAN SEE IT. >> THAT WOULD BE A GOOD IDEA TO HAVE IT. >> SORRY. WE HAVE THE BOARDS THAT WE CAN SHOW. >> BRING THEM UP. >> OKAY. >> YOU CAN CONTINUE, I JUST WANTED SHOWN IN PUBLIC. >> THE FOCUS IS ON THE COMMUNAL SPACE. WE WILL OPEN UP THE INTERIOR AND THAT WILL HELP FOLKS WITH CIRCADIAN RHYTHM. WE HAVE A LARGE TABLE WHERE FOLKS CAN GATHER FOR MEALS AND DIFFERENT ACTIVITIES. THERE IS LESS OF AN EMPHASIS ON THE BEDROOMS. WHAT WE WANT IS FOR THEM TO SLEEP THERE AND COME OUT AND WORK WITH THESE PEOPLE. THEY ARE SMALLER AND THEY DO HAVE A BED, NIGHTSTAND AND A SIMPLE CHEST OF DRAWERS. A LOT OF FOLKS HAVE TROUBLE WITH DEXTERITY AS THEIR DISEASE PROGRESSES. JUST SOMETHING THEY CAN PUT THEIR CLOTHES INTO. IT'S ALL FOCUSED ON THE CARE PLAN AND WHAT WE ARE DOING. FOR SAFETY, WE WILL HAVE FIRE SUPPRESSION AS WELL AS OVERALL SAFETY. FOLKS YOU ARE WATCHING AND TAKING CARE OF. AND WHERE FOLKS GET LOST. EXTERIOR WISE, WHAT WE ARE LOOKING AT IS WE TALKED TO SOME OF THE NEIGHBORS. THIS PROVIDES PRIVACY BARRIERS IN THE BACKYARD IN PARTICULAR. HAVING GRASSES AND SUCH THAT SHIELD SOME OF THE CARS AND SUCH FROM THE STREET. SPEAKING OF, THERE IS A GREAT DRIVEWAY THERE ALREADY. THE RESIDENCE DON'T DRIVE. THERE IS PLENTY OF ROOM TO TURN AROUND AND MOVE. >> VERY GOOD. >> NEXT TIME, DO IT SO YOU CAN PUT IT ON THE SCREEN. >> WHAT WE HAVE HERE IS THE INTERIOR PLAN THAT YOU CAN SEE. THIS IS THE PLAN WE ARE TALKING ABOUT IN THE CENTER HERE. IT IS JUST LIKE THIS. WE WILL NEED THE AREA AND EXTRA LIVING SPACES. THERE IS A BATHROOM HERE. THE EXTERIOR EDITION WILL BE THE THREE BEDROOMS ALLIED TO THE BACK OF THE HOUSE AND THE BACK OF THE HOUSE WITH THREE BEDROOMS AND A BATHROOM. THIS IS A BIT SPECIAL. THE ABILITY TO DO MAN OCCURS, PEDICURES, AND HAIRCUTS. FOLKS WILL BE COMING TO THE HOUSE AS OPPOSED TO GETTING PEOPLE OUT OF THE HOUSE. IT IS DESIGNED FOR THAT. WE HAVE THE PICTURES HERE. HERE IS THE CITY AREA. THIS IS WHAT WE MENTIONED, THE COUCH, THE DINING ROOM , ANOTHER PICTURE OF THE DINING ROOM. THAT IS THE CENTER PICTURE OF THE HOUSE. WE WANT TO HAVE PLENTY OF SEATS. IT'S GOOD FOR FOLKS BECAUSE THEY CAN GET IN AND OUT TO DO THINGS AT THE TABLE. HERE IS THE VETERAN THAT WE SHOWED FOR THESE FOLKS. AGAIN, A SIMPLE BEDROOM. AND AN ACTIVITY ROOM IN CASE FOLKS NEED A LITTLE BIT OF EXTRA SPACE THERE. THIS IS WHAT WE ARE PROPOSING INTERIOR WISE. BEGINNING ON MAY 8TH, I SENT A LETTER TO THE IMMEDIATE NEIGHBORS PROVIDING INFORMATION ON WHAT WE ARE DOING. PROVIDING DRAWINGS AND SUBSTANTIAL'S IN THE FORM THEY ARE NOW. AND THE DRAWING AS WELL. WE DID NOT HEAR FROM ANYONE. WE HAD A JUNE 22ND HEARING FOR SOME NEIGHBORS [00:10:07] THAT CAME TODAY TO DISCUSS SOME THINGS THEY DID LIKE AND DIDN'T LIKE FOR WHAT WE ARE PROPOSING. WE MET WITH THEM AFTERWARD. WE BOILED DOWN SOME AREAS THAT WE CAN HELP. WE WANT TO HAVE DISCUSSION ABOUT WHAT WE ARE DOING HERE. A LITTLE BIT MORE ABOUT THE CARE PLAN AS WELL. THE THIRD PART WAS HOME VALUES. CONCERN THAT THIS WOULD LOWER HOME VALUES. A SEPARATE APPRAISAL WITH A STORY COTTAGE HOME. IT IS ON SMOKY ROAD. THE STREETS ON THE INTERSECTION THERE. WE DID A BEFORE AND AFTER APPRAISAL. THE QUESTION POSED WAS DOES IT AFFECT PROPERTY VALUES? >> THE PROPERTY MOVED UP AND DOWN JUST LIKE EVERYTHING ELSE. IT DOES NOT AFFECT PROPERTY VALUES. WE DID THAT. WE SENT OUT A LETTER ON JULY 11TH TO THE NEIGHBORS AGAIN WITH CONTACT INFORMATION SAYING THAT WE WILL HAVE AN IN PERSON MEETING ON JULY 18TH AT 6:30. I UNDERSTAND, I HAVE SIX CHILDREN. I SAID CALL ME, WE WILL SCHEDULE A TIME TO TALK AND GO OVER SOME INFORMATION. JULY 18TH GAME, WE HAD THE APPRAISER TO ANSWER QUESTIONS AS WELL AS MYSELF. TWO FAMILIES SHOWED UP. BRUCE WAS THERE. AS WELL AS ANOTHER FAMILY THREE OR FOUR BLOCKS AWAY. WE WERE THERE TO INQUIRE ABOUT A FAMILY MEMBER WHO MIGHT WANT TO USE IT. WE WENT OVER THE PLANS AND WHAT WE DISCUSSED. AND SO WE DID THE AREA THERE. WITH A LOT OF COFFEE AND DONUTS. BEFORE I CLOSE, THE HOME IS CURRENTLY ZONED WITH A SPECIAL EXCEPTION RATHER THAN THE USE WOULD ADD SOME STABILITY FOR THE PROPERTY. TO MAKE A POINT ON THE LEGAL PART, MEMORY CARE HOME LIKE OURS, THAT IS PROTECTED UNDER THE FAIR HOUSING AGREEMENT. THESE FOLKS HAVE A LEGAL RIGHT TO BE PUT TOGETHER IN A GROUP HOME ENVIRONMENT. WE HAVE WORKED WITH THE CITY. THERE ARE VARIOUS ORDINANCES. WE WILL CONTINUE TO WORK WITH THAT TO MAKE SURE THAT OUR HOME LOOKS LIKE A HOME, BLENDS INTO THE NEIGHBORHOOD AND MEETS THE SAFETY REQUIREMENTS WE NEED FOR OUR RESIDENTS. JUST IN CLOSING, WHY THE COMMUNITY CAN USE THIS SERVICE AND WHY I WANT TO DO THIS. IT BOILS DOWN THAT THERE IS A CONVERSATION THAT I HAD FROM THE LAST HEARING WITH A FRIEND THAT CONSIDERED OPENING THIS HOME AND DOING ALL OF THIS. WE WENT TO ROSIE'S ON OLD MERIDIAN AND WE WERE TALKING. I MENTIONED WHAT WE ARE TALKING ABOUT HERE. HOW WE ARE GOING TO PROVIDE. MY FRIEND TEARED UP. IT WAS A PLEASANT CONVERSATION. YOU KNOW, MY DAD DIED OF ALZHEIMER'S. AND THEN MY BROTHERS AND I DID. YOU KNOW, SOMETHING LIKE THIS WHERE I KNOW HE WAS TAKING CARE OF, PEOPLE ARE THERE. I KNOW THAT I NEEDED TO DO THIS AT THAT POINT IN TIME. I JUST MENTIONED THAT. THANK YOU FOR YOUR TIME AND I ASK FOR YOUR CONSIDERATION. ÚTH >> WE WILL OPEN UP PUBLIC HEARING. DO I HAVE ANY ONE WHO WILL SPEAK IN FAVOR? ANY OPPOSED? I HAVE 15 MINUTES. I WILL GIVE YOU AN EXTRA THREE OR FOUR MINUTES. EVERYONE GETS A FEW MINUTES. COME ON UP. YOU CANNOT SPEAK FROM THE CHAIR, THAT'S WHAT I MEAN. IT HAS TO BE HEARD. WHO'SFIRST? COME ON UP. I'M NOT BEING STINGY, TWO MINUTES IS A LOT OF TIME. GOOD [00:15:02] LUCK FILLING IT. >> GOOD EVENING. MY NAME IS PHILIP BLACK AND I LIVE ON WALSH DRIVE WHICH IS RIGHT OFF GREENSTREET RIGHT BEHIND THE NEIGHBORHOOD BEHIND THE CORNER OF THE FIELD HAVE BEEN THERE FOR SIX YEARS. I'M NOT HERE TO PRESENT A CASE AGAINST TAKING CARE OF FOLKS WITH DEMENTIA. CERTAINLY WE HAVE ALL BEEN TOUCHED. I WILL NOT TALK ABOUT THAT. I'LL TALK ABOUT WHAT I THINK IS IMPORTANT FOR YOU GUYS TO CONSIDER. ONE IS THE ZONING. THIS IS A RESIDENCE, THIS IS A HOUSE. 10 BEDROOMS ON A SMALL HOUSE AND A SMALL LOT. THIS IS A FRANCHISE. THIS IS A BUSINESS. CARMEL HAS TAKEN A LOT OF CARE AND TIME IN PUTTING BUSINESSES IN AREAS WHERE THEY CAN PAY THEIR FAIR SHARE OF TAXES. CERTAINLY WE WANT OUR ELDERS AND PEERS TO HAVE GOOD CARE. HERE, WE ARE TAKING ADVANTAGE OF BEING IN A RESIDENTIAL NEIGHBORHOOD SAYING THAT THE RESIDENTS WILL BE MORE COMFORTABLE THAT LIVE THERE. THIS IS A BUSINESS FRANCHISE. THEY ARE HERE TO MAKE MONEY. THEY ARE CROSS PURPOSES FOR THE OTHER RESIDENTS LIVING THERE. ANYONE WHO HAS TRAVELED 116 UNDERSTANDS TRAFFIC., BELIEVE ME, IT TOOK HALF AN HOUR FOR ME TO GET HERE. ANYONE WHO HAS SEEN FIRETRUCKS IN THE INTERSECTION KNOWS THAT IT CAN BE A REALLY CRAZY ENVIRONMENT. I AM CONCERNED ABOUT SAFETY. AND CERTAINLY, I WANT TO MENTION THAT I WOULD BE SUPPORTIVE OF THIS. BUT TO HAVE A 10 PERSON FACILITY IN A NEIGHBORHOOD NOT DESIGNED FOR THAT AND NOT DESIGNED FOR COLLECTING FRANCHISE TAX FOR EXAMPLE. WE DON'T KNOW ANYTHING ABOUT THIS FRANCHISE OTHER THAN THAT THEY HAVE SOME IN NEBRASKA. YOU LOOK AT THEIR FINANCES, I DO NOT KNOW IF THEY HAVE FINANCIAL WHEREWITHAL TO ADDRESS ANY PROBLEMS. THANK YOU. >> IF WE CAN GET THE NEXT PERSON TO KEEP IT MOVING. WHO'S NEXT? WELCOME. >> I AM TWO HOUSES DOWN. I DON'T HAVE ANY ISSUE. ALL THESE NOTICES THAT COME OUT COME I DON'T GET THEM. ANYWAY. I WANT TO GET THE EMOTIONAL PART OF THIS OUT OF THE WAY. I HAVE A FAMILY MEMBER THAT IS IN MEMORY CARE AND I UNDERSTAND WHAT IS GOING ON YOUR. I AGREE WITH THIS GENTLEMAN. IT'S NOT ABOUT THE CARE OF THE ELDERLY OR ANYTHING LIKE THAT. EVERYONE HAS A RIGHT TO A CLEAN AND SAFE ENVIRONMENT TO LIVE UNTIL THE END OF THEIR DAYS. ACCORDING TO THE ORDINANCE, YOU ALSO PROVED IN DECEMBER OF 2020. YOU HAVE MADE A LOT OF PROVISIONS. MANY DIFFERENT ZONING PROVISIONS FOR SOMETHING LIKE THIS TO THRIVE IN THE CITY OF CARMEL. IF YOU DISAPPROVE, YOU ARE NOT VIOLATING THE LAW. HE WILL JUST MOVE SOMEWHERE ELSE IN THE CITY AND THRIVE JUST AS WELL. YOU TALK ABOUT THE MINIMAL IMPACT OF THE ORDINANCE. WE ARE ADDING IMPACT TO THIS ENVIRONMENT BECAUSE THERE ARE THREE OF THEM OVER BY ME. AND NOW WE WILL ADD A FOURTH ONE. THERE IS A FAMILY THAT JUST MOVED IN RIGHT BEHIND HIM BEHIND THIS BUSINESS. I HAVE BEEN AT THOSE PLACES. SOMETIMES YOU MIGHT FIND ONE OF THEM STANDING THERE IN THEIR BIRTHDAY SUIT. NO FAULT OF THEIR OWN. THEY DON'T KNOW. I WOULD HATE FOR A LITTLE BOY OR GIRL TO SEE THAT. NOT SAYING WE DO NOT WANT THEM OUTSIDE THE HOUSE AND THEY WILL LOCK THE DOORS, THEY HAVE BEDROOM WINDOWS AND THINGS. THE WORST-CASE SCENARIO WHAT COULD HAPPEN HERE. SECONDLY, IN THE ORDINANCE, IT DOES SAY THAT WE ARE CHANGING THIS TO -- THANK YOU. CHANGING THIS TO BE ADDRESSED TO A BUSINESS OR INSTITUTION AND IT SAYS THAT [00:20:05] SIX OR MORE UNRELATED PEOPLE CAN LIVE THERE FROM CHILDREN UP TO THE ELDERLY AND HAVE ALL SORTS OF MENTAL ISSUES AS LONG AS IT IS SOMEONE WHO NEEDS 24 SEVEN SUPERVISION. IF HE DECIDES TO GET OUT OF THE MEMORY CARE UNIT AND WANTS TO BRING IN 10 MEN OR 10 WOMEN THAT HAVE DRUG ISSUES, IT WOULD STILL FALL UNDER THOSE LINES. UNLIKE THE GENTLEMAN OVER HERE, I MOVED HERE 30 YEARS AGO. WHEN WE WERE WIDENING 116TH STREET. I THOUGHT MY NEIGHBORHOOD WOULD STAY AND NEIGHBORHOOD. I WOULD STILL LIKE IT TO STAY IN NEIGHBORHOOD. I WOULD LOVE TO BE ON THE BOARD TO HELP THEM FIND A BETTER LOCATION SO THAT HE CAN THRIVE AND DO WHAT HE WANTS TO DO. >> THANK YOU. I WILL HELP THE REST OF YOU. WE KNOW THAT NONE OF YOU ARE ARGUING AGAINST OLD PEOPLE WITH ALZHEIMER'S. YOU DON'T HAVE TO SAY THAT. WE ALL UNDERSTAND. DON'T TAKE UP ANY OF YOUR TWO-MINUTE SAYING THAT. WE RESPECT THE FACT THAT NOBODY HERE IS AGAINST TAKING CARE OF THE ELDERLY. >> HELLO, I'M SALLY CUNNINGHAM. THE GENTLEMAN THAT JUST SPOKE IS MY NEIGHBOR. I'M THE SECOND HOUSE OFF OF 116TH STREET. I DID NOT RECEIVE ANY PAPERWORK OR AN INVITATION TO AN OPEN HOUSE. I WAS INVITED BY THE NEIGHBORS. AND I WOULD LIKE TO SAY THAT THE MEMORY CARE BOUTIQUE MODEL DOES NOT WORK FOR THAT LOCATION. I HAVE MY MOTHER IN MEMORY CARE AND I VISIT HER EVERY WEEK AND THREE PEOPLE IN MY FAMILY WILL VISIT HER EVERY WEEK. THERE ARE PEOPLE GOING IN AND OUT OF A VERY SMALL PARKING LOT AND IF HE IS OFFERING MANICURES THERE WILL BE PEOPLE ARRIVING TO DO THOSE EVERY WEEK. MY BIGGEST CONCERN IS THE AMBULANCE AND FIRE CALLS, TYPICALLY ON 116TH, THEY WILL NOT BE ABLE TO PULL INTO THAT LOT AND THEY WILL BE PARKED IN OUR LANE ON 116TH. THE PROXIMITY TO THE ROUNDABOUT COUPLED WITH THE SCHOOL ZONE THAT ENDS JUST BEFORE GREENSTREET. EVERYBODY GUNS OUT OF THE SCHOOL ZONE AND I HAVE BEEN A RESIDENT THERE FOR 15 YEARS. I SEE ALL KINDS OF REAR ENDS AT 116TH AND GREENSTREET. I SEE POLICE PULLING OVER PEOPLE WHO WERE GOING TOO FAST IN THE SCHOOL ZONE. THEY FREQUENTLY PULL THEM OVER IN FRONT OF OUR HOUSES. AND ALSO, MY VERY BIG CONCERN IS THAT THE CENTER LANE IS A TURN LANE THAT IS REFERRED TO AS THE SUICIDE LANE. PEOPLE ARE COMING WESTBOUND AND THEY ARE SITTING THERE TO TURN LEFT ONTO GREENSTREET. TRAFFIC IS UP, BUMPER-TO-BUMPER GOING EASTBOUND AND SOMETIMES WHEN I TURN EASTBOUND, SOMEBODY FLIES AROUND ME WHAT YOU ARE NOT SUPPOSED TO DO INTO THE SUICIDE LANE AND THERE IS TOO MUCH TRAFFIC RIGHT THERE. >> THANK YOU. >> WE DON'T KNOW YOUR NAME. >> MY NAME IS JOE MEISENHEIMER. I TALKED TO SOME OF THE PEOPLE THAT WERE PROPOSING THIS. I USED TO LIVE OFF OF MUSCAT DRIVE. I UNDERSTAND THAT ACCORDING TO STATE AND FEDERAL LAW THIS IS CONSIDERED A RESIDENCE EVEN THOUGH IT IS A BUSINESS. IT IS HARD TO FIGHT AGAINST THAT. I DO HAVE A CONCERN THAT SINCE THIS IS THE SECOND GROUP HOME THAT WE HAVE HEARD ABOUT, THIS WILL BECOME A BIG THING THAT EVERYONE WILL WANT A GROUP HOME IN CARMEL. I DON'T THINK THAT IS NECESSARILY A GOOD THING. MY TWO CONCERNS ARE PARKING. I WONDER HOW A FIRE TRUCK AND GET IN THERE. I KNOW HOW BUSY 116TH STREET IS. THE OTHER THING IS THAT I AM CONCERNED. THIS IS [00:25:05] THE STANDARD FOR THESE HOMES. ONE PERSON IF THERE IS AN EMERGENCY, I DON'T KNOW HOW THEY CAN GET 10 PEOPLE OUT. THOSE ARE MY CONCERNS. I'M NOT REALLY OPPOSED TO THIS. I THINK IT IS A MUCH BETTER PROPOSAL THAN THE LAST ONE WE HEARD THAT PAST. I'M WORRIED ABOUT 116TH STREET. I DON'T THINK THAT THE PARKING LOOKS ADEQUATE. >> THANK YOU. >> HELLO, MY NAME IS NATALIE HINES. ETHAN AND I LIVE JUST TO THE WEST OF THIS PROPERTY. WE HAVE BEEN THERE, THIS IS GOING ON OUR FIFTH YEAR. THE PROPOSED PARKING AREA THAT IS GOING IN IS JUST RIGHT NEXT TO OUR MASTER BEDROOM. ONE OF OUR CONCERNS IS THE SHIFT CHANGE OF PEOPLE COMING IN AND OUT. THAT IS NOT SOMETHING THAT WE EXPECTED IN OUR RESIDENTIAL HOME TO PARKING LOT GOING IN NEXT DOOR. THE CONCERN ABOUT TRAFFIC IS HUGE. WE SHOULD RECORD TRAFFIC AS WE ARE DRIVING HERE. IT IS COMPLETE STANDSTILL TRAFFIC PAST 116TH STREET HERE. THERE WERE A FEW ACCIDENTS IN FRONT OF THE PROPERTY WHERE ALL OF THIS IS HAPPENING AND TWO ACCIDENTS AND ALL OF THE EMERGENCY VEHICLES. IT IS ALL THE TIME. IT IS VERY CONGESTED. IF YOU HAVE PEOPLE AND EMERGENCY PEOPLE ARE COMING, IT WILL BE DIFFICULT. IN THESE FACILITIES, THE PERSON THAT THEY HAVE THERE HAS TO CALL A CHARGE NURSE TO FIND OUT WHAT NEEDS TO HAPPEN FOR THEIR PATIENTS. THEY ARE NOT ABTHE FU EVERYTHING FOR THE PATIENTS THAT ARE THERE. THEY CALL THE NURSE AND THE NURSE TELLS THEM TO CALL 911. THEY CANNOT PROVIDE ALL OF THE NECESSARY CARE THAT IS NEEDED. WE ARE GOING TO HAVE THE AMBULANCE AND THE FIRE ENGINE SITTING IN FRONT OF 116TH STREET. IF THAT IS HAPPENING DURING RUSH HOUR WHEN ELEMENTARY IS STARTING SCHOOL AND ATTENDING SCHOOL, IT WILL BE A NIGHTMARE. FOR SO MANY REASONS. RUSH HOUR, TRYING TO GET EMERGENCY VEHICLES, DELIVERIES COMING IN AND OUT. THERE ARE SO MANY REASONS WHY THE LOCATION IS VERY DIFFICULT AND IT DOES NOT NEED TO BE RIGHT THERE. IT CAN BE SOMEWHERE ELSE OR SOMEWHERE ELSE ZONE FOR THE APPROPRIATE BUSINESS. THANK YOU. >> THANK YOU. >> MY NAME IS FRANK DRAGO AND I DID NOT RECEIVE ANY NOTIFICATION FOR THE REQUEST FOR VARIANCE. I HAVE ALL THE SAME CONCERNS OVER TRAFFIC AND PARKING. PEOPLE BRINGING IN FOOD, PEOPLE COOKING MEALS, CARETAKERS, PEOPLE WANTING TO VISIT. THAT WILL ADD TO THE TRAFFIC. THE INEVITABLE FALLS AND THINGS THAT HAPPEN WITH SENIOR FOLKS, THAT WILL BE INCREASED AMBULANCE RUNS TO THE PROPERTY AND THIS TYPE OF EMERGENCY RUN. CONCERNS OVER THE LEVEL OF CARE. ONE PERSON PER 10 PEOPLE. THE OTHER THING YOU HAVE TO CAN LEARN, IF THE BUSINESS MODEL DOES NOT WORK OUT FOR THEM, THEY WILL CLOSE IT. IF THIS BUILDING IS LEFT AND THEY DECIDE TO GET OUT OF THIS BUSINESS , WHO WANTS A HOUSE THAT IS UPGRADED TO 10 BEDROOMS? THE LOGISTICS, THE TRAFFIC, THE LONG-TERM OUTLOOK FOR THE PROPERTY IT IS ON RESIDENTIAL, WE WOULD PREFER TO KEEP IT RESIDENTIAL. THAT IS MY TAKE ON THAT. I SAW BOTH OF MY PARENTS IN THEIR AGING PROCESS. THERE IS A MEMORY FACILITY HALF A MILE DOWN THE STREET ON 116TH STREET ON THE OTHER SIDE OF HAZEL DELL. WE DO NOT FEEL THAT IS A GOOD FIT FOR THE AREA. I WILL LEAVE IT AT THAT. >> THANK YOU. >> LAST BUT NOT LEAST. >> MY WIFE MADELINE AND I HAVE LIVED AT 11 29 -- ROAD AND THAT IS A HALF-MILE FROM THE PROPERTY. WE HAVE BEEN THERE FOR OVER 30 YEARS. IN ADDITION TO EVERYTHING THAT WAS SAID HERE BY THE FOLKS. WE TOTALLY AGREE AND WE TALKED ABOUT AT OUR HOME. WITH ALL THOSE THINGS. NO SENSE IN GOING OVER ALL OF THAT. ONE NUANCE I WANTED TO ADD, THE PARKING. ONE OF THE THINGS THAT WE WERE TALKING ABOUT, THESE FOLKS THAT ARE GOING TO BE LIVING THERE HAVE FAMILIES. SOME OF THOSE [00:30:05] FAMILY MEMBERS WILL BE GOING TO VISIT ESPECIALLY ON THE WEEKEND. YOU HAVE 10 PEOPLE IN THERE. THAT'S A ONE FAMILY FOR MR. JONES IS COMING FROM TWO DIFFERENT LOCATIONS. THAT MULTIPLIES THE CARS THAT WILL BE IN THE PARKING LOT ESPECIALLY ON WEEKENDS. MY CONCERN AND WHAT WE THOUGHT ABOUT WAS, WHERE ALL THOSE PEOPLE GOING TO PARK? THAT'S IT. >> THANK YOU. >> THANK YOU VERY MUCH. >> ANY OTHER COMMENTS? I WILL CLOSE THE PUBLIC HEARING AT 6:33. >> THE PETITION, IS THERE A REBUTTAL? >> NOBODY ELSE GETS TO SPEAK. HE IS LAST. >> THANKS, EVERYONE. I WOULD LIKE TO SUMMARIZE. A LOT OF THE COMMENTS ARE THAT THIS IS NOT AN APPROPRIATE USE, THEY SHOULD BE AN APPROPRIATE AREA. THIS IS A VIOLATION OF THE FAIR HOUSING ACT. THESE FOLKS NEED TO GO SOMEWHERE ELSE, THIS IS RESIDENTIAL USE. THE FAIR HOUSING ACT AND OTHERWISE. I UNDERSTAND THAT IT IS A BIG PARK. THE TRAFFIC, TWO THINGS. THERE IS A SIMILAR MODEL HOME. NOT EXACTLY THE SAME THING. THERE THE ARGUMENT WAS THAT THE AREA WAS SET OFF IN A QUIETER NEIGHBORHOOD. THERE IS TOO MUCH TRAFFIC OF PEOPLE COMING AND GOING. WE ARE LOOKING AT 116TH STREET SAYING THAT THIS WILL NOT BOTHER FOLKS WITH TRAFFIC GOING BACK AND FORTH IN PEOPLE COMING AND GOING. THAT'S NOT THE RIGHT USE. THERE IS A GOLDILOCKS AREA WE ARE JUST NOT FINDING. IT IS A CONCERN, WE ARE ADDING PARKING TO IT. THERE WILL BE FOUR SPOTS THAT ARE ADDED TO THE PARKING FOR IT. THAT WILL HELP IN TERMS OF DELIVERIES AND PEOPLE. I WOULD MENTION, MR. WALLACE, I SAW THAT YOU WERE ON SOCIAL MEDIA AND YOU ARE WELL AWARE OF THE MEETING. YOU COULD'VE CONTACTED ME. YU HAVE MY PHONE NUMBER AND EMAIL. >> KEEP THE CONVERSATION THIS WAY. >> MR. WALLACE WAS ON SOCIAL MEDIA. >> WE GET IT. MOVE ON. >> THE LAST PART WAS -- THAT IS ABOUT IT. I WANT TO ADDRESS THOSE POINTS. THOSE ARE THE THREE. THANK YOU AGAIN. >> THANK YOU. NOW I WILL CLOSE THE PUBLIC HEARING AT 6:35. DEPARTMENT REPORT? >> THANK YOU. THIS USE REQUIRES SPECIAL APPROVAL AND PER THE UNIFIED DEVELOPMENT ORDINANCE THE SPECIAL EXCEPTION APPLICATION FOR A GROUP HOME WILL GENERALLY BE ENTITLED TO FAVORABLE CONSIDERATION IF IT IS NOT OPPOSED BY THE DIRECTOR. ÚTHAT IS QUOTING THE ORDINANCE. NOT OPPOSED TO THIS POSITION AND THERE ARE NO ADDITIONAL VARIANCES REQUESTED. ONLY THE SPECIAL USE REQUEST. A GROUP HOME IS CONSIDERED A RESIDENTIAL USE. IT IS ALSO CONSIDERED A RESIDENTIAL USE UNDER STATE LAW AND FEDERAL LAW. WITH THAT BEING SAID, THIS APPLICATION HAS GONE THROUGH TECHNICAL REVIEW FORUM THE ADVISORY COMMITTEE. VARIOUS ENTITIES ON THAT COMMITTEE ARE THE FIRE DEPARTMENT, PLANNING DEPARTMENT, THINGS LIKE THAT. LOOKING AT LIFE SAFETY ISSUES, BILLING CODE COMPLIANCE, LANDSCAPING, YOU NAME IT, WE HAVE LOOKED AT IT. WITH RECOMMENDATION, WE DO RECOMMEND FAVORABLE CONSIDERATION OF THIS PETITION. ONE IS THE PETITIONER ADDRESSING REVIEW COMMENTS THAT WE HAVE BEFORE THE ISSUANCE OF ANY PERMITS AND ALSO THE PETITIONER COMPLIES WITH ALL APPLICABLE LAWS AND COVENANTS AND LIMITATIONS AS IT RELATES TO 9.08. THANK YOU. >> THANK YOU. COMMENTS? YES SIR. >> THIS IS FOR THE DEPARTMENT. THEY SAID IT WAS BEING REVIEWED AND IT IS INTACT. 28 ENTITIES. THAT IS ALL DONE. THEY HAVE ALL SUBMITTED THEIR COMMENTS. >> YES, THAT PART IS DONE. THERE ARE A FEW LEFT OVER WHERE THE PETITIONER NEEDS TO RESPOND TO OUR COMMENTS AND THEY ARE [00:35:08] SIMPLE QUESTIONS. >> FIRE DEPARTMENT, UTILITY, ENGINEERING DEPARTMENT HAD COMMENTS. THEY DID NOT SAY NO BILL? >> CORRECT. >> WOULD ALSO HAS NOT COME UP IN THIS HEARING IS THE TIME LIMIT. YOU CAN APPLY A FIVE YEAR OR 10 YEAR, IS THAT WHAT THE ORDINANCE SAYS? >> SORRY, I DID NOT BRING THAT UP. IF THIS IS APPROVED OUT RIGHT, IT IS A 20 YEAR TIME LIMIT. WE CAN APPROVE IT WITH A CONDITION OF A FIVE OR 10 YEAR TIME LIMIT. THAT IS SPELLED OUT AS WELL. >> HAVE YOU RECALLED ANY GROUP HOME THAT HAS TITLE -- >> THAT ONE WAS STRAIGHT WITH A 20 YEAR TIME LIMIT. >> THEY HAVE TO COME BACK TO PROVE THAT THEY ARE GOOD NEIGHBORS? >> CORRECT. THANK YOU. >> ANY OTHER COMMENTS? YES SIR. >> I WAS LOOKING AT THIS LITTLE LIST THAT WAS PROVIDED. MAYBE I MISSED IT. DO YOU HAVE ACCOMMODATIONS FOR THE MATERIALS STORAGE? I DON'T SEE IT. THERE ARE A LOT OF 3-D GRAPHICS. I DON'T KNOW IF IT IS ACCOUNTED FOR. >> YES, IT IS OFF TO THE SIDE OF THE HOUSE. WITH THE ENCLOSURE. IT IS NOT A DUMPSTER. >> IT IS PULLED OUT TO THE STREET FOR PICKUP? >> THAT IS CORRCT. MIGHT AS WELL STAY THERE FOR A SECOND. ARE YOU PLANNING FOR ANY EXTERIOR LIGHTING AROUND THE SITE AT ALL? NEAR SECURITY OR I KNOW YOU HAVE OUTDOOR ENTERTAINMENT AREAS . >> KNOW MORE THAN YOU WOULD HAVE FOR A HOUSE. WE WILL NOT HAVE FLOODLIGHTS OR ANYTHING. IT'S JUST WHAT IS THERE. >> THEY PROVIDED METRIC DATA FOR THAT? >> YES, WE HAVE REQUESTED THAT. THAT DOES NOT EXCEED THE FOOT CANDLE LIMITS. >> I DO HAVE A LITTLE CONCERN. WITH THE PARKING, DOES IT MEET THE PARKING STANDARD FOR A GROUP HOME? >> YES, THIS IS A RESIDENTIAL USE. IT DOES MEET THOSE STANDARDS. >> IT STRUCK ME THAT THIS IS A TYPE OF RESIDENCE THAT COULD HAVE MORE VISITOR TRAFFIC THAN A NORMAL RESIDENCE. IF IT MEETS OUR REQUIREMENTS, WE CANNOT ASK FOR MORE THAN THAT, I GUESS. I WILL LEAVE IT AT THAT. BACK TO YOU. >> ANGIE IS CONTINUING THE SAME LINE OF QUESTIONS. DID THE PETITIONER MEET ALL OF THE REQUIREMENTS FOR PUBLIC NOTICE? >> YES, THEY DID. IT IS ALL ADJACENT PROPERTIES ACROSS THE STREET, ONE PROPERTY DEEP, THEY DID MEET THAT. IF I CAN CLARIFY SOMETHING I SAID EARLIER ABOUT HORSESHOE LANE, THAT WAS APPROVED WITH A FIVE-YEAR TIME LIMIT. >> OKAY. MR. HEIN, YOU WILL GET YOUR STEPS INTO NINE. WHAT CAN YOU TELL US ABOUT TRAP AGAIN, TRAFFIC OUT, HOW MANY TIMES THERE IS A CAR COMING OR GOING COMPARED TO A STANDARD RESIDENTIAL HOME? >> IT IS A BIT HIGHER, NOT OVERLY SO. IN OTHER INSTANCES HERE IN CARMEL OR OVERALL IN THE NEBRASKA HOMES AND THE LIKE. IT IS NOT THAT MUCH HIGHER. I SHOULD MENTION, YOU CAN SEE HERE, WE ARE ADDING FOUR MORE SPOTS FOR PARKING TO THE DRIVEWAY. IT IS A PRETTY GENEROUS DRIVEWAY TO START WITH. MOST FOLKS AND VISITORS ARE THERE -- IT IS NOT OVERLY SO. I ASKED ABOUT THIS MYSELF. [00:40:13] THE NUMBER OF PARKING SPOTS WILL BE ENOUGH. WE WANT TO MAKE SURE, OBVIOUSLY. >> THE EMPLOYEES, THERE WILL BE THREE SHIFTS A DAY, IS THAT ACCURATE? THERE WILL BE TWO TIMES A DAY WHEN SOMEONE IS COMING AND SOMEONE IS GOING? GROCERIES AND OTHER DELIVERIES ARE BY COMMERCIAL DELIVERY OR THE EMPLOYEES WOULD GO TO THE GROCERY STORE AND BUY FOOD? >> IT COULD BE ALL OF THE ABOVE. NO MORE THAN A REGULAR HOME, AMAZON MIGHT BE STOPPING BY OR KROGER. WE CAN ALSO STOP BY AS WELL. >> OKAY. THE OUTSIDE CAREGIVERS AND PERSONAL CARE, FOR EXAMPLE, WOULD BE ON A DAILY BASIS? WHAT IS THE FREQUENCY ON THE NUMBER OF TRIPS FROM THOSE SITES? >> THAT WILL VARY. WE WILL HAVE FOLKS THAT WILL HAVE -- IT IS A BIT MORE. WE WILL HAVE THAT. AND THEN PERIODIC DOCTOR VISITS AS WELL. AGAIN, NOT OVERLY SO. YOU HAVE THE TWO CARS THERE DURING THE DAY. AND ONE CAR GOING BACK AND FORTH. HERE CARE PROVIDER, DR., PEOPLE LIKE THAT. EVEN WITH THAT, THERE ARE QUITE A FEW SPACES LEFT. >> OKAY. DO YOU KNOW OR DOES THE DEPARTMENT KNOW HOW MANY DAYS A YEAR THIS HOME IS CURRENTLY USED? >> I DON'T KNOW FOR SURE. WE CAN TRY AND LOOK INTO THAT. WE MIGHT HAVE SOFTWARE THAT CAN TRACK THAT. A LIST ON THE PLATFORM LIKE AIRBNB. >> IF THEY ARE PROPERLY LICENSED, THAT ACTIVITY WILL BE CAPPED AT -- >> I DON'T THINK THERE WILL BE A CAP. >> EVERYONE GETS TO USE IT? OKAY. ALL RIGHT. THANK YOU. >> BEFORE YOU STEP DOWN -- >> STAY THERE. DON'T LEAVE UNTIL WE TELL YOU. I'M JUST CURIOUS BECAUSE OF THE NUMBER OF INDIVIDUALS THERE. IS THIS A STANDARD NUMBER FOR THIS COMPANY FOR THESE GROUP HOMES? 10 PEOPLE? DID YOU WORK UP THE FINANCIALS TO SEE IF IT WOULD WORK WITH FEWER TO PROVIDE MORE SPACE? >> A- 12 IS TYPICAL. A NUMBER THAT IS NOT TOO BIG, NOT TOO SMALL FOR THE CAREGIVERS TO HAVE A GOOD RATIO. >> IS THERE A BEDROOM FOR THE PEOPLE THAT STAYS OVERNIGHT? >> THEY BETTER BE AWAKE. >> CLARIFICATION FROM THE CITY. WE CANNOT CHANGE THE USE ONCE IT IS APPROVED. THE SPECIAL USE IS FOR THIS PARTICULAR PURPOSE. FOR EXAMPLE, SOMEONE MENTIONED THAT IT CAN BE A RECOVERY HOME. >> I MIGHT NEED TO KICK IT OVER TO SERGEI. IF YOU MOVE IT TO THE RESIDENCE, IT WILL HAVE TO BE USED. >> THAT'S CORRECT. CORRECT ME IF I'M WRONG. THIS IS WHAT YOU WERE SPECIFICALLY REQUESTING FOUR. THE USE FOR MEMORY CARE PATIENTS? >> OKAY. IF HE SELLS THE HOME, IT DOES NOT RETAIN THE SPECIAL EXCEPTION, CORRECT? >> IT DOES. THERE IS THAT TIME LIMIT. IF IT IS APPROVED. HE WILL GO AT THAT TIME LIMIT. >> OKAY. I HAVE TRAVELED THAT ROAD QUITE A BIT. THERE IS A TRAFFIC ISSUE. IN MY OPINION, THAT IS NOT TRULY RELEVANT. THAT IS SOMETHING UP TO THE CITY. I THINK THOSE WERE ALL MY QUESTIONS. >> THANK YOU. >> IT'S FUNNY IN 16 YEARS OF BEING ON THE PLANNING COMMISSION, DON'T USE TRAFFIC AS AN ARGUMENT BECAUSE WE FIX IT. WE CAN FIX THIS ONE. IT'S [00:45:05] BAD EVERY WORKDAY. THERE IS NOTHING ABOUT THIS THAT I LIKE. I KNOW THE FAIR HOUSING ACT SAYS THAT YOU HAVE TO DO THIS, YOU HAVE TO DO THAT. THERE HAS TO WORK. THIS DOES NOT WORK IN THIS LOCATION. IT DOES NOT WORK. TO COMPARE TO HORSESHOE LANE IS APPLES AND ORANGES. AT HORSESHOE LANE IF IT FILLS UP AND THERE ARE EXTRA PEOPLE, THEY CAN PARK ON HORSESHOE LANE, YOU CANNOT PARK ON 116TH STREET. ONLY A COUPLE BUSINESSES GET DELIVERIES FIVE AND SIX DAYS A WEEK. IF ANYTHING MORE THAN A NORMAL CAR PULLS UP THERE, THEY WILL PARK ON 116TH STREET. DELIVERIES WILL STOP ON 116TH STREET. FAIR HOUSING ACT OR NOT, IT DOES NOT FUNCTION. WHEN YOU REMODEL THIS HOUSE, IT IS NEVER RE-SELLABLE AS A PRIVATE HOME. PARKING WILL NOT WORK. AGAIN, I'M NOT A PERSON THAT USES PARKING IN MOST ACTUATIONS. JUST BECAUSE YOU MEET THE STANDARDS, DOES NOT MEAN THAT IT WORKS. COMMON SENSE HAS TO COME IN TO A RULING, STANDARDS OR NO STANDARDS. EMERGENCY RUNS. THAT WILL SHUT DOWN 116TH STREET. THIS ONE WILL HAVE A MORE THAN 116TH STREET. I BEFRIENDED A LADY THAT MOVED ABOVE ONE OF MY RESTAURANTS. SHE HAS BEEN PROGRESSING INTO ALZHEIMER'S. WE GOT HER MOVED. I LOOKED AT FIVE DIFFERENT HOMES. I WOULD NOT PUT HER HERE IF MY LIFE DEPENDED ON IT, I WOULD MOVE HER INTO MY OWN HOME FIRST. IT WILL BE CROWDED, IT'S LIKE YOU ARE CAGING PEOPLE IN THIS LITTLE HOUSE. THERE IS NOTHING ABOUT IT THAT I LIKE. FAIR HOUSING ACT OR NOT FAIR HOUSING ACT, I WOULD NOT VOTE FOR THIS IF MY LIFE DEPENDED ON IT. ANY OTHER COMMENTS? >> ONE LAST QUESTION, I'M TRYING TO FIGURE OUT. HOW MANY KIDS DO YOU HAVE? IF YOU AND YOUR WIFE MOVED INTO THIS HOUSE AND YOU HAD A PEOPLE IN THIS HOUSE, TRYING TO THINK OF THE DIFFERENCE BETWEEN THE USE YOU ARE PROPOSING AND A FAMILY OF EIGHT OR 10 BUILDING A HOUSE. YET TEENAGE DRIVERS, EXTRA CARS, EXTRA TRIPS, FRIENDS COMING OVER. CAN YOU HELP ME THERE? >> I'M USED TO BEING IN A LARGER HOME. WITH PEOPLE, THAT'S MY NORMAL. IF PEOPLE ARE THERE WHILE DRIVING, YEAH. IT'S NOT THAT DIFFERENT THAN HERE. THERE ARE A COUPLE DIFFERENT EXTRA FOLKS. THE RESIDENTS HERE DO NOT DRIVE. PROBABLY LESS FOOD AS WELL. WE HAVE THREE BOYS THAT ARE ARE 16-21. >> I'M FAMILIAR. I DON'T SEE A HUGE DIFFERENCE IN IT. WE WILL BE TAKING CARE OF THEM. >> YOU ARE IN YOUR HOME 355 DAYS A YEAR? >> I ALSO LOOKED UP THE POINT. THE GROUP HOME IDEA. >> THEY WILL NOT BE TAKING WALKS OUTSIDE. >> THIS DOES NOT MEET THE LETTER OF THIS GOOD FEELING AT ALL. I'M SPEAKING, DO NOT INTERRUPT ME. IT DOES NOT MEET THE NATURE OF THAT. THEY ARE LOCKED IN. THERE IS NOTHING GROUP HOME FRIENDLY ABOUT THIS. I FOUND A HOME IN MAGNOLIA, ON CARY ROAD. ONCE THEY ARE IN MEMORY CARE, THEY ARE LOCKED DOWN. THAT IS NOT THE NATURE OF WHAT THIS LAW WAS CREATED FOR. [00:50:07] THE IDEA WAS THAT THEY WOULD BE ABLE TO FUNCTION IN THE NEIGHBORHOOD AS THE NEIGHBORHOOD FUNCTIONS. THAT IS NOT WHAT THIS IS. >> I APPRECIATE YOUR OPINION. I DISAGREE WITH IT. THANK YOU. >> YOU JUST HAD A DISCUSSION ABOUT THE PEOPLE IN YOUR HOME. >> THAT IS MY DRIVEWAY. IS THERE ACCOMMODATIONS ON THE STREET TO PARK. >> THERE IS A LITTLE BIT OF DIFFERENCE THERE AND I APPRECIATE YOUR BACKGROUND AND HOW YOU WERE RAISED. I WAS A LITTLE DISAPPOINTED IN THE GRAPHICS YOU PROVIDED. I DID DRIVE BY THIS HOUSE A COUPLE OF TIMES. IT CERTAINLY GAVE ME A DIFFERENT POINT OF VIEW KNOWING HOW CLOSE THE NEIGHBORS HOUSES ARE BACK INSIDE. I'LL BE HONEST WITH YOU, WHEN I SAW YOUR GRAPHIC AND I THOUGHT, THIS MUST BE FURTHER OVER WHERE THE FIELD IS. THERE IS A LITTLE MORE OPEN SPACE AND A LITTLE MORE FREEDOM SO TO SPEAK. WHEN I DID SEE IT, IT CAUGHT ME OFF GUARD. I DO HAVE SOME CONCERN ABOUT THAT. AND I THINK THIS IS A TOUGH ONE. THANK YOU. >> ONE THING I AM GOING TO ASK, WHOEVER MAKES THE MOTION, I WOULD LIKE TO SAY LIMIT OF FIVE YEARS ON THIS. THEY WILL HAVE TO COME BACK AFTER FIVE YEARS IF FOR SOME REASON IT PASSES. DO I HAVE A MOTION OR ANY OTHER COMMENTS? THAT IS KIND OF ALL THAT IS LEFT. >> I WILL MOVED TO APPROVE THE DOCKET WITH A FIVE-YEAR TIME LIMIT. THE OTHER CONDITIONS LAID OUT BY THE DEPARTMENT. >> I HEARD THAT OPTION OF FINDING ALSO. >> SECOND. >> ANY DISCUSSION? LET'S GET READY TO VOTE. ALL THOSE IN FAVOR, SAY AYE. I THINK THAT WAS 3-2? IT PASSES. >> THANK YOU. [H. (V) Ozwell Fitness Sign Variances.] >> MOVING ON, ALL'S WELL FITNESS SIGN VARIANCE. PETITIONER? THERE WE GO. >> I AM HERE ON BEHALF OF THE OWNER OF OSWALD FITNESS ON THIRD AVENUE. FOR THOSE OF YOU THAT ARE FAMILIAR WITH IT RIGHT OFF OF THIRD AVENUE RIGHT IN THE ICE RINK AREA ALONG THERE. THE TWO VARIANCES THAT WE ARE HERE TO ASK ABOUT TONIGHT, THE FIRST VARIANCE WAS WHEN WE ORIGINALLY DID THE BUILDING. WE DID A BRICK DETAIL ON THE FACADE. IT HAD A CIRCLE WITH A Z IN THE CENTER. WHEN I PUT IT ON THERE, I DID NOT THINK IT WAS A SIGN. THERE IS NO WORDING OR INDICATION WHAT KIND OF BUILDING IT IS. I THOUGHT IT WAS MORE LIKE A CORNERSTONE. LIKE AT THE TOP OF THE BUILDING. IN THE PROCESS IT WAS DETERMINED THAT IT WAS A SIGN. IT WAS PERMITTED AS SUCH. WE WENT AHEAD AND DID THAT. WE DID DIMENSIONS ON THE DRAWING AND [00:55:01] WE LAID THE BRICK AND THE Z IS ON THE SAME SIZE. IT WAS MOVED OUT ONE BREAK. SLIGHTL BIGGER CIRCLE THAN IT WAS IN THE DRAWINGS THAT WERE APPROVED. WE WERE NOTIFIED WE HAD TO APPLY FOR THE VARIANCE. THIS EXCEEDS THE AREA APPROVED BY THE CITY. THAT WAS OUR FIRST ISSUE. THE SECOND ISSUE OF WHY THIS CAME UP WAS THAT WE WANTED TO PUT A SIGN OUT ON THE STREET. AS SIGN WORKS WENT THROUGH THAT PROCESS, IT WAS DETERMINED THAT THE SIGN WAS TOO BIG AND YOU ARE ONLY ALLOWED ONE SIGN PER STREET. THAT YIELDED THE NEED FOR THE SECOND VARIANCE. YOU CAN SEE THE DIMENSIONS AND THE TYPE OF SIGN THAT WE ARE LOOKING FOR. AND THEN ANGIE SENT ME TODAY -- THAT IS A LITTLE BIT LIGHT. ESSENTIALLY, THIS THE FIRST TIME THAT I HAVE HEARD THIS TODAY THAT WE NEED TO DEDICATE THE RIGHT OF WAY BACK TO THE CITY WHICH IS ONE OF THE CONDITIONS FOR GETTING SOME OF THIS RESOLVED. WE STARTED THAT PROCESS TO GET A PLAQUE AND GET A SURVEY AND GET THAT FILED TO DEDICATE THAT RIGHT AWAY. THE RED LINE YOU SEE ON THEIR . THERE WAS ALSO A FOUR FOOT UTILITY AND EASEMENT DRAINAGE. WE HAVE LOCATED THE SIGN, THERE IS THE LINE RIGHT THERE. WE HAVE LOCATED THE SIGN RIGHT IN THAT AREA BEHIND THAT EASEMENT. AND THEN THERE WILL ARE SEVERAL OTHER ISSUES RELATED TO THE ORIGINAL INSPECTIONS. AND IN A SERIES OF EMAIL EXCHANGES, THE ORIGINAL CONTRACTOR AND CORE BUILDERS AND THE CHECKLIST WAS THAT THE BIKE PARKING INSPECTION NEEDS TO BE MARKED AS PAST. THE SUPERINTENDENT THAT TALK TO THE INSPECTOR LAST WEEK, THE BIKE RACK PASSED ON THE PROJECT REVIEW LAST YEAR. WHEN WE HAD THAT. IT NEEDS TO BE PAID FOR THE 12 ADDITIONAL INSPECTIONS ON THOSE WERE PAID LAST WEEK. THE CERTIFICATE OF OCCUPANCY FOR THE BUILDING AND THE HOLDUP HAS BEEN DEEMED THE SIDEWALK ALONG THIRD AVENUE. THIS CAME UP A YEAR OR TWO AGO, I TALKED TO JEREMY CASHMAN ABOUT IT. THE CONCERN WAS THAT AT THIS END OF THE PROPERTY THERE IS A TELEPHONE POLE. AND THE STITCH OF WATER THAT FILLS UP WHEN IT RAINS. AND JEREMY, MY UNDERSTANDING THAT THERE WAS A PLAN TO REVIEW THIRD AVENUE SOMETIME. THAT WILL BE OKAY TO HAVE A BOND OR ESCROW TO INSTALL THE SIDEWALK WHEN THERE'S SOMETHING TO CONNECTED TO AND WHEN THAT UPGADE OCCURS ALONG THIRD AVENUE. IN THE MEANTIME, I THINK THE FINAL RESOLUTION OF THAT IS THE QUOTE OF TWO CONTRACTORS OF LESS THAN $2000. THEY WILL EMAIL OF THAT EFFECT. THAT WAS THE NEXT POINT ON ANGIE'S LIST INSTALLING THE REST OF THE PART OF THE STREET AND PAYING THE THOROUGH FAIR FUND. JUST GETTING THIS AND GETTING THE QUOTE TO ANDREW, I DO NOT KNOW WHAT DEPARTMENT ANDREWS WITH. I GUESS HE HAS TO APPROVE THE QUOTE AND WRITE THE CHECK. AND THE LAST ONE WAS ANYTHING ELSE THAT MAY BE REQUIRED FROM THE SAFETY DEPARTMENT AND ONE THAT WAS ALONG THE LINES OF THE URBAN FORRESTER. THAT ALSO PASSED LAST YEAR. WITH THE EXCEPTION OF ACTUALLY COMPLETING THE RIGHT-OF-WAY AND WRITING THE CHECK FOR THE SIDEWALK, THAT WE HAVE CHECKED OFF THE REST OF THE BOXES. I HOPE THAT WILL [01:00:03] ANSWER ANY OF YOUR QUESTIONS. >> ALL RIGHT, I WILL OPEN THE PUBLIC HEARING AT 7:03. I AM WAITING FOR A RUSH OF PEOPLE. I WILL CLOSE THE PUBLIC HEARING 15 SECONDS LATER. >> THANK YOU. WE DO APPRECIATE THE PETITION WORKING SO QUICKLY TO GET THOSE ISSUES UNDER CONTROL. PLANNING STAFF IS SUPPORTIVE OF THE VARIANCE REQUEST AS WELL AS THE CONDITION THAT THEY WRAP UP THE REMAINING THREE ITEMS RELATED TO THE SITE ITEM. THANK YOU. >> THANK YOU. >> I WILL THROW SOMETHING OUT REAL QUICK. I KNOW WE ALWAYS ASK FOR A SIDEWALK WORD DONATION TO THE TRANSPORTATION FUND. YOU HAVE DONE AN AMAZING FAVOR BY PUTTING THESE SIGNS IN. WE WOULD HAVE HAD TO BUY IT FROM YOU. I THINK THIS WILL OFFSET THE $6000. I WILL NOT REQUIRE THE $6000 AND WE ARE SAVING A LOT OF MONEY NOT BUYING THE ROUNDABOUT WHICH WE WOULD'VE HAD TO DO OTHERWISE. THANK YOU. ANY OTHER COMMENTS? >> THE POINT ABOUT THE LOGO BEING CONSIDERED ART. I WOULD SAY THAT I HAVE GOT A LONG RECORD ON THE PLANNING COMMISSION AND A SHORT MEMORY. ONE THAT STICKS OUT IN MY MEMORY IS THE TAE KWON DO FACILITY IN THE VILLAGE OF WEST CLAY HAS THE ARTISTIC M AND Y AT THE TOP OF EACH COLUMN. THAT WAS USED AS ART TO FULFILL THE DESIGN REQUIREMENTS FOR THAT PROJECT. THAT IS ONLY ONE OF MANY EXAMPLES AROUND CARMEL WHERE WE CAN FIND CORPORATE LOGOS INCORPORATED ARCHITECTURALLY. AND IS EMBEDDED AS PART OF THE BUILDING MATERIAL. THE ART ARGUMENT . >> I TOTALLY AGREE WITH YOU. IF OTHER PEOPLE ARE LISTENING AND WILL BUILD A BUSINESS, DO NOT PUT YOUR SIGN IN THE BRICK. WE WILL NOT CALL IT OUR WORK. DO I HAVE A MOTION? >> MOVED TO APPROVE. >> SECOND. >> WITH ANY -- >> WITH THE PETITIONER CONTRIBUTING THE SIDEWALK INSTALLATION. >> AND I HAVE A SECOND. ANY DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. ANY OPPOSED? THANK * This transcript was compiled from uncorrected Closed Captioning.