[00:00:12]
>>> I WOULD LIKE TO CALL THE OCTOBER 28TH THE BOARD OF ZONING APPEALS MEETING REGULAR MEETING TO ORDER. IF YOU WOULD RISE FOR THE PLEDGE OF ALLEGIANCE.
>> 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.
>> ROLL CALL. >> WE HAVE APPROVAL OF MINUTES
[E. Approval of Minutes and Findings of Facts of Previous Meetings]
AND FINDINGS OF FACTS FROM THE PREVIOUS MEETING PICK>> MOVED TO APPROVE. >> ANY DISCUSSION?
>> ALL THOSE IN FAVOR. OPPOSED?
[F. Communications, Bills, and Expenditures]
>> COMMUNICATIONS BILLS AND EXPENDITURES.
>> THANK YOU. WE HAVE HAD A REQUEST FOR THIS PETITION TO HAVE A TIME EXTENSION FOR THE -- PORTION. WE WOULD ASK THAT YOU ENTERTAIN IT. IF YOU DO APPROVE IT YOU WOULD HAVE TO HAVE A MAJORITY VOTE. TO AMEND THE RULES OF PROCEDURE.
>> IS THERE A TIME LIMIT THAT WE ARE BEING ASKED FOR?
>> THEY ARE ALLOWED 15 MINUTES TOTAL. I THINK THEY ARE ASKING
FOR DOUBLE OR TRIPLE THAT. >> WE ARE NOT DOING 45 MINUTES.
>> IT IS UP TO THE BOARD. >> THOUGHTS? YOU CAN SAY A LOT
IN FIVE MINUTES. >> WHY DON'T WE PROCEED AS USUAL. AND SEE WHERE WE ARE IN THE PROCESS WHEN TIME RUNS OUT.
>> WITH THE BOARD BE WILLING TO ALLOW ME TO EXTEND IN THE PROCESS OR DO WE WANT TO TAKE A VOTE AT THAT TIME?
>> WE CAN VOTE -- [INAUDIBLE] >> I LIKE YOUR CONCEPT. THAT IS NOT APPROVING ANY EXTRA TO START WITH.
>> WE CAN TABLE THE QUESTION UNTIL THAT POINT IN THE
>> ANYTHING ELSE? >> THAT IS ALL. THANK YOU PICK
[H. (V) Jarrett Pool, Additional Variances.]
>> LEGAL COUNSEL ANYTHING? PERFECT. I WILL START THE PUBLIC HEARING. WE HAVE JERRY PULL ADDITION VARIANCES. DOCKET NUMBER PZ-2024 TWO FOR 00152. MINIMUM SIDE AND REAR YARD SETBACKS. WE HAVE DOCKET NUMBER PZ-2024 0015 FOR AN DOCKET
NUMBER PZ-2024 0017 FOR. >> PETITIONER PICK
>> IS THERE A PETITIONER? >> COME ON UP.
>> YOUR NAME >> I PROPOSE TO PUT A POOL AND.
HIRED A CONTRACTOR TO DO SO. THEY CAME OUT TO THE POOL PROPERTY ON A THURSDAY. STAKED THE POOL OUT. SAID I WANT YOU TO LOOK AT IT AND SEE IF IT IS WHERE YOU WANT IT TO BE. WE
REALIZE >> KELLY HAVE YOU SPEAK CLOSER TO THE MICROPHONE? A FEW PEOPLE WERE HAVING TROUBLE HEARING
PICK >> WE LOOK AT IT OVER THE WEEKEND AND REALIZED THE HOT TUB WAS GOING TO BE SEEN FROM THE ROAD WHICH IS AGAINST THE HLA. WE DECIDED TO MOVE THE POOL DOWN ON THE LOT. THEY SHOWED UP TUESDAY AND SAID DO YOU LIKE WITH THE POOL IS AND I SAID WE WOULD LIKE TO MOVE IT DOWN IN THE LOT AS LONG AS WE STAY WITHIN GUIDELINES. THEY SAID OKAY. HE STATES IT OUT AND THEY WERE LAZING IT AND I WENT TO WORK. WHEN I CAME HOME THE POOL WAS DOUG. I RELIED ON THE CONTRACTOR TO PLACE EVERYTHING WITHIN EASEMENTS. I'M NOT CERTIFIED TO DO THAT. THAT IS NOT MY JOB. THEY PLACED THE POOL IMMEDIATELY THERE WAS A NEIGHBOR WHO WAS UNHAPPY WITH THE PLACEMENT OF THE POOL. SHE FOUND OUT ABOUT IT. WHILE SHE WAS TRAVELING. WE HAD SOME BACK-AND-FORTH TEXT MESSAGE AND EMAILS. THE POOL WAS DOUG. WE GOT A STOP WORK ORDER BECAUSE
[00:05:04]
THE POOL GET MOVED BECAUSE THE CONTRACTOR DID NOT SUBMIT A NEW PERMIT. WHICH AGAIN I'M COMPLETELY UNAWARE THAT THAT IS REQUIRED. I HIRED A CONTRACTOR TO DO THIS. WE GOT APPROVAL FOR THE POOL TO BE MOVED AFTER IT WAS ALREADY DOUG. IN THE MEANTIME THE WHOLE POOL CAVED IN AND COLLAPSED. BECAUSE THEY COULD NOT SHOOT THE GUNITE AFTER THEY HAD DONE ALL THE REBAR. IT WAS AN EXPENSIVE PROJECT. FINALLY WE GOT APPROVAL FOR THE POOL TO MOVE FORWARD IN THE LOCATION TO STAY WHERE IT WAS. THIS WAS IN AUGUST OF 22. FROM THERE SO MANY THINGS HAVE HAPPENED IN THE PROJECT. SO THE POOL WAS MOVED AND IT WAS APPROVED. WE WENT FORWARD. WE HAD A SETBACK WITH EXPENSES. WE GOT INTO WINTER AND WE COULD NOT MOVE THE DIRT ON THE LOT BECAUSE OF ALL THE STOP WORK KOHLER ORDERS AND EVERYTHING WE RECEIVED. THE DIRT SAT ON THE LOT FOR THE REMAINDER OF THE WINTER. BECAUSE THEY WERE GOING TO USE THAT FOR PART OF THE PATIO. MARGE ROLLED AROUND IN THE SEASON STARTED TO BREAK. THE SAME NEIGHBOR COMPLAINED TO HAMILTON COUNTY. HAMILTON COUNTY CAME OUT AND SAID THAT DIRT PILE IS CLOSE TO OUR DRAINAGE EASEMENT. THAT NEEDS TO BE REMOVED. WE SET THE WEATHER WHICH JUST BROKE WE ARE GOING TO MOVE IT. THE DIRT STARTED GETTING AT THE SAME TIME WE MADE AN ARRANGEMENT TO MEET WITH HAMILTON COUNTY AS WELL AS THE CITY OF CARMEL. AS WELL AS OUR CONTRACTOR.EVERYBODY MET ON THE PROPERTY ON A GIVEN DAY. IN MARCH OR APRIL. I WORK FULL TIME. I WAS UNAVAILABLE. ADAM WAS THERE ON THE PROPERTY WHEN THEY CAME. THE COMPLAINT WAS WE HAD TO RETURN AT THIS POINT THE POOL IS IN. THE GUNITE IS IN AND THERE IS NO PATIO. THERE IS JUST DIRT. IT WAS DISCUSSED THAT THEY HAD COMPLAINT WE HAD CHANGE THE GRADE OF OUR LAND BY PUTTING IN A CONCRETE POOL. CITY OF CARMEL BASICALLY FROM WHAT I WAS TOLD SAID IT IS NOT NORMALLY A BIG DEAL BUT YOU GOT A NEIGHBOR COMPLAINING. YOU HAVE TO MITIGATE THIS PROBLEM.
I WAS TOLD A DISCUSSIONS THAT THEY BETWEEN THE CITY OF CARMEL AND HAMILTON COUNTY BECAUSE HAMILTON COUNTY GAVE US THE STOP WORK ORDER BECAUSE OF THE SLOPE. IN THE COMPLAINT. SO ON THE PROPERTY THAT DAY I WAS TOLD BY THE CONTRACTOR AND ADAM WE HAD TO RESTORE THE GRADE OF THE LAND BACK TO WHAT IT WAS.
THE CONTRACTOR SAID THAT WAS DOING OUR PATIO SET THE ONLY WAY TO RESTORE THE GRADE AND PROTECT THIS MAIN DRAINAGE DITCH IN THE SOUTH CORNER OF YOUR LOT IS TO PUT IN A RETAINING WALL. I WAS UNHAPPY ABOUT IT THIS WAS THE ONLY WAY TO MOVE FORWARD. IT COST ME $20,000. WE PUT IN THE RETAINING WALL. BUT THE POOL PIPES WERE ALREADY BACK THERE BEHIND THE AREA. SO THE RETAINING WALL GOT PUSHED BACK ABOUT 11 FEET FROM WHAT WAS GOING TO BE THE ACTUAL STOP POINT OF THE POOL. SO NOW WE HAVE A RETAINING WALL. WE SECURED THE DRAINAGE WHICH WAS THE COMPLAINT. AND WE MOVE FORWARD. THEN DECEMBER ROLLED AROUND. EVERYTHING WAS DONE.
POOL FINISHED THE END OF JULY AUGUST. WE WENT THROUGH SEVERAL HOOPS WITH THAT. WE DID AN OUTDOOR KITCHEN. WE HAD MULTIPLE PROBLEMS WITH THAT NOT SO MUCH AS FAR AS COMPLAINTS.
BUT THE KITCHEN WAS PUT IN. AGAIN THE CONTRACTOR RAN ELECTRIC. IT WASN'T TOO COLD. WE FAILED COLD THE FIRST TIME.
I FIRED THE CONTRACTOR FROM DOING THE ELECTRIC AND HIRED MY OWN ELECTRICIAN. THE WHOLE KITCHEN HAS TO COME OUT. THE CEILING AND EVERYTHING. IT TOOK THE WHOLE THING APART FIX THE ELECTRIC WITH AN ELECTRICIAN TO COLD. PUT EVERYTHING BACK UP.
CITY OF CARMEL FAILED THE KITCHEN AGAIN. THE INSPECTOR SAID YOUR ROOF WON'T HOLD 32 INCHES OF SNOW. IT IS A SLANTED ROOF. WE WANT TO RUN A BEING THIS WAY. WE HAD TO CHANGE THE STRUCTURE AGAIN. THEY TOOK THE WHOLE THING APART. CITY OF CARMEL SENT OUT A DIFFERENT INSPECTOR AFTER THAT WAS TAKEN APART AGAIN. HE CAME AND SAID I WANT TO BE RUN THIS WAY. SO THE KITCHEN CAME APART THREE TIMES. IN THE END WE ASSUMED ALL THESE COSTS. WE ENDED UP WITH CRACKED COUNTERTOPS. I GUESS THEY ARE LIMESTONE. WE HAVE JUST BEEN AN OVER OUR HEADS FINANCIALLY WITH THE PROJECT. KITCHEN IS FINISHED AND THEN COME DECEMBER I THINK I GOT ANOTHER STOP WO ORDER. THE POOL IS COMPLETE.
STOP WORK ORDER COMES FROM THE CITY. I'M LIKE WHAT IS THIS ABOUT. I'M CALLING WILLIAM HOYT SAYING WHAT IS GOING ON. I COULD NEVER GET A STRAIGHT ANSWER. YOU ARE JUST IN VIOLATION. I CAN'T GIVE YOU THE SPECIFICS RIGHT NOW. I GOT VERY FRUSTRATED AND I ESCALATED THIS TO MY --. HE AGREED TO
[00:10:05]
COME OUT TO OUR PROPERTY JANUARY 26. HE CAME OUT AND SAID THIS LOOKS GORGEOUS WHAT IS THE PROBLEM? AGAIN I WAS AT WORK. ADAM MET WITH HIM. HE LOOKED AT EVERYTHING. HE SAID WHAT IS THE PROBLEM? YOU TOLD ME. HE TOOK THE ONLY THING I SEE IS YOUR POOL EQUIPMENT IS IN VIOLATION. IT IS SUPPOSED TO BE 10 FEET FROM THE PROPERTY LINE AND IT IS ONLY EIGHT. HE SAID WE WILL WORK WITH YOU ON IT. HE LEAVES. HE TEXT ME THE NEXT DAY OR TWO AND HE SAYS I HAVE NO IT WAS A WEEK LATER. I HAVE NO DATES FOR YOU. IF YOU WANT TO HAVE A CONVERSATION WE CAN TEXT AND HAVE A CONVERSATION. I SAID IF THERE IS NO NEW UPDATES I DON'T NEED TO TALK. WE HAD 90 DAYS FROM THE TIME THEY SERVED THE STOP WORK ORDER. I HAD ONE MORE TEXT CONVERSATION WITH MY -- ABOUT TWO WEEKS LATER. HE SAID WE ARE REALLY BUSY WE ARE BACKED UP. FROM COVID. HE SAID YOU ARE OUR TOP PRIORITY. JUST TRYING TO COVER MYSELF SENT A CERTIFIED LETTER TO THE CITY ON MARCH 6 THAT WAS RECEIVED. EXPLAINING I JUST WANT CLARIFICATIONS WITH THE VIOLATIONS ARE. I HAD REFUSED TO FILE A VARIANCE BECAUSE I DID NOT KNOW WHAT TO FILE IT FOR. AND THAT CERTIFIED LETTER I SAID I DON'T FEEL LIKE I SHOULD HAVE TO DO A VARIANCE. I WAS TOLD I HAD TO DO A RETAINING WALL. YOU WERE ON PROPERTY WHEN THE DISCUSSION WAS MADE. NOTHING WAS MENTIONED ABOUT FILING FOR A VARIANCE FOR INCREASED LOT USAGE OR ANYTHING. I THOUGHT EVERYBODY WAS ON BOARD INCLUDING THE CONTRACTOR. SO GOING BACK TO MIKE I SENT A CERTIFIED LETTER AND GOT NO RESPONSE. I IN MY MIND ASSUMED EVERYTHING WAS AT BAY AND WE WERE JUST OKAY. ON MARCH MAY 10TH I GOT A KNOCK ON THE DOOR AND SERVE A LAWSUIT.>> FROM THE CITY OF CARMEL. AGAIN I ENSUED MORE EXPENSE BUT I CONTACTED AN ATTORNEY. WE MET HE HAD SET UP A TIME FOR US TO MEET WITH THE CITY OF CARMEL. WE MET WITH THEIR TWO ATTORNEYS. OUR ATTORNEY AND -- AND THEY SAID BASICALLY THE MEETING WAS WHY ARE YOU HERE? WE WANT TO SOLVE. AND THEY SAID YOU ARE IN VIOLATION AND WE SET CAN WE DO A VARIANCE? THEY SAID A VARIANCE IS NOT GOING TO HELP YOU. MOVING FORWARD. IT WON'T TAKE CARE OF THE FINES YOU HAVE BEEN ACCRUED FROM THE PAST. BUT IT WILL TAKE CARE OF THE FINES IN THE FUTURE IF YOU DO ONE. WE BASICALLY LEFT THE MEETING. THERE WAS NO RESOLUTION. I WAS NOT REALLY GETTING ANYWHERE WITH I WASN'T GETTING GOOD COMMUNICATION WITH MY ATTORNEY. I SUBSEQUENTLY TURNED AROUND A COUPLE AFTER SEVERAL WEEKS OF FRUSTRATION AND FILED A VARIANCE OF MY OWN. AFTER FOUR OR FIVE DAYS A SENT ME A LETTER SAYING IT IS APPROVED. MY ATTORNEY CONTACTED ME AND SAID THEY WILL PUT THE LAWSUIT ON STAY UNTIL YOU FILE A VARIANCE BUT WE FELT THE VARIANCE. I'VE BEEN THROUGH THAT PROCESS. AND
HERE WE ARE TODAY. >> WE HAVE A VERY EXPENSIVE POOL AND I DRIVE TO FORT WAYNE EVERY DAY AND LEAVE IT FOR:00 A.M. AND COME HOME AT 7:00 P.M. BECAUSE OF THIS MESS.
>> OKAY. ANYTHING ELSE? >> YOU CAN HAVE A SEAT. THANK YOU. I'M GOING TO OPEN THE PUBLIC HEARING. ANYBODY WISHING TO SPEAK IN FAVOR? ANYBODY WISHING TO SPEAK AGAINST? HOW
MANY? JUST ONE THREE? >> IS THAT A YES? NOBODY IS ACKNOWLEDGING. THREE. WE WILL START OUT WITH FIVE MINUTES A
PIECE. COME ON UP. >> YOU CAN SAY A LOT IN FIVE MINUTES. I'VE BEEN DOING THIS FOR 16 YEARS.
>> [INAUDIBLE] >> MY NAME IS STACY SHAPIRO. I AM HERE TODAY TO ASK YOU TO DENY THE VARIANCES. CARMEL HAS RULES AND REGULATIONS TO PROTECT EACH CITIZEN. IT IS NOT ONLY REASONABLE TO ASK THIS IT IS EXPECTED. I AM A RETIRED PERSON AND I MOVED INTO GRANADA GROVE. HERE IS MY HOUSE. AND WHEN I MOVED INTO MY HOUSE I PURCHASED IT BECAUSE OF THE GREEN SPACE. PRIOR TO MOVING IN I SIGNED A DOCUMENT SAYING I KNEW THE RULES AND REGULATIONS OF THE NEIGHBORHOOD AND I KNEW
[00:15:01]
I LIVED IN A PUD. I EXPECTED THAT MY NEIGHBORS WOULD AS WELL. WHEN JULIE JARRETT MOVED IN AND SHE MOVED INTO THIS HOUSE AS YOU SEE WE BOUGHT ON THE DIAGONAL. SHE SOON THEREAFTER BECAME THE VICE PRESIDENT OF THE HOMEOWNERS ASSOCIATION. AND THAT WAS ALSO THE YEAR THE POOL WAS APPLIED FOR AND THIS ENTIRE THING OCCURRED. SO AS A VP OF THE ASSOCIATION IT IS NOT ONLY EXPECTED THAT THEY WOULD KNOW THE RULES BUT THEY WOULD ALSO ENFORCE THEM EQUALLY AND EQUITABLY TO EACH PERSON. I RECEIVED ONE VARIANCE ONLY FOR THIS PROPERTY. THAT WAS FOR THE LOT COVERAGE. I CHOSE NOT TO GO. I WORKED WITH JOE IN THE CITY. I FOUND THAT MY PROPERTY THE POOL THE CLOSEST POOL STRUCTURE IS GOING TO BE 30 FEET AWAY. AND I WAS GOING TO HAVE AN ENTIRE LINE OF DIAGONAL TREES THERE. I'M LIKE THAT'S IT I'M GOOD. AS JULIE SAID TWO WEEKS LATER I FIND OUT THAT THE POOL SITTING 27% CLOSER TO MY PROPERTY LINE. INDIANA CODE STATES AND THIS IS WHAT I'M ASKING YOU TO DO. IN ORDER TO APPROVE A VARIANCE THERE CANNOT BE HARMED. THERE CANNOT BE HARM TO THE ABUTTING NEIGHBORS.THERE CANNOT BE HARM TO THE NEIGHBORHOOD. I WAS HARMS. AS YOU SEE THIS WAS MY BEFORE VIEW AND THIS IS MY AFTER VIEW. THE STRUCTURES APPEAR TO BE ALMOST IN MY KITCHEN. THIS IS MY PROPERTY LINE. HERE IS MY 30 FEET. I LIVED WITH MY SHADES CLOSED. BECAUSE OF THE SIZE OF THE STRUCTURE THE AMOUNT OF CEMENTS AND THE ELEVATION CHANGE, THE NOISE LEVEL WAS ABOVE THE NOISE ORDINANCES EVEN WHEN THE KIDS WERE PLAYING IN THE POOL. AT SOME POINT I DECIDED THAT'S ENOUGH I'M DONE. AS A RETIREE THIS IS NOT WHAT I SIGNED UP FOR. I'M MOVING. I PURCHASED ANOTHER HOME ONLY TO FIND OUT AND THAT IS ON PAGE TWO ON THE HANDOUT. NOBODY WANTED TO PURCHASE IT.
OVER 50% OF THE FEEDBACK WAS ABOUT NOBODY WOULD LIVE NEXT TO THE STRUCTURES. I ALSO POINT OUT THE LOT WAS NEVER RETURNED TO GRADE. THE RETAINING WALL WAS PUT IN AN ORDER TO HOLD THE POOL IN PLACE. BOTH THE A AND THE CITY OF CARMEL APPLICATIONS SAID THERE MUST BE ATTACHED AND ELEVATION DRAWING AND A DRAINAGE FLOW. IT WAS NEVER ATTACHED AND NEVER BROUGHT UP I DID NOT COMPLAIN TO HAMILTON COUNTY. I ASKED HIM TO COME OUT AND ASSESS THE DRAINAGE ON MY LOT. BECAUSE MY LANDSCAPER REFUSED TO PLANT TREES. ALSO ANOTHER NEIGHBOR HAD COMPLAINTS. IN ADDITION BETWEEN HER COMPLAINTS ABOUT THE VIEW AND THE PROJECT WE BOTH INCURRED LEGAL FEES. I FINALLY DECIDED IN ORDER TO RELIST MY HOUSE I SPENT $30,000 ON TREES.
SO I WAS HARMS. EVENTUALLY I WAS ABLE TO SELL MY HOME. THE IMPACT TO THE GENERAL WELFARE OF THE NEIGHBORHOOD DURING 2023, BECAUSE THE A DID NOT KNOW WHAT TO DO WITH THIS. WE ENDED UP INCURRING FOR 14 HOME NEIGHBORHOOD OVER $13,000 IN LEGAL FEES. THAT IS SUBSTANTIAL WHEN YOU ARE STARTING WITH A BALANCED BUDGET. IF YOU APPROVE THE VARIANCES, YOU WILL BE SHIFTING LET ME START HERE. ALSO THE MAJORITY OF THE STRUCTURES ON THE LOT WERE NOT APPROVED BY THE A. THE LAST PLOT PLAN THE A APPROVED WAS IN MARCH OF 2023. THERE IS NO REAL APPROVAL FOR THE DRAINAGE WALL. THERE IS NO REAL APPROVAL FOR THE HOT TUB. AND SOME OTHER ISSUES WITH THE LOT. SO BY APPROVING THE VARIANCES WHAT YOU'RE GOING TO BE DOING IS SHIFTING THE BURDEN TO THE A TO DEAL WITH THIS. INCURRING EVEN MORE LEGAL FEES NOT JUST THIS YEAR BUT GOING FORWARD. AND THAT WILL PUT ADDITIONAL FINANCIAL STRAIN ON THE A BECAUSE WHAT ARE THEY SUPPOSED TO DO THEN ? YOU HAVE TO MAKE IT FAIR AND EQUITABLE TO EVERYBODY. CHRISTINA JESSE PLANNING ADMINISTRATOR OF CARMEL I HAVE AN EMAIL THAT SAYS SHE IS REQUIRED PROOF THAT SCHMIDT ARE YOU REALLY GOING TO CUT ME OFF? I CAN GET THROUGH THE REST HOPEFULLY WITHIN FIVE
MINUTES. >> JUST TELL ME WHAT TO DO.
>> FINISH UP. BUT SET IT FOR THREE MORE MINUTES.
>> BASICALLY WE NEEDED TO ALSO JUST MY HOUSE AND ANOTHER HOUSE AND WENT THROUGH SALE. WE HAD TO PUT MLS DISCLOSURES ON OUR SALE JUST TO MAKE SURE. IT WAS ALL THESE LEGAL FEES GOING ON.
[00:20:03]
AS YOU SEE, THERE WAS THIS LAWSUIT. IT HAD TO DO WITH VIOLATION NOTICES. BUILDING WHATEVER SHE WANTED TO DO.PROJECT NOT BUILT PURSUANT TO PLAN. EVEN THOUGH THIS WAS ADMINISTERED IN MAY THE FAMILY CONTINUED TO USE THE POOL THROUGH THE ENTIRE SUMMER OF 2024. WHILE JULIE SAID SHE DOES NOT KNOW HOW THINGS HAPPEN AND IT WAS ALL BECAUSE OF CONTRACTORS. HERE IS THE PLOT PLAN THAT WAS SUBMITTED TO THE A. IT IS A POOL AND A HEDGE OF TREES. NOTHING ELSE. AT THE SAME EXACT TIME THERE WAS A PLOT PLAN SUBMITTED TO THE CITY. IT IS A POOL. THERE IS A HOT TUB AND THERE IS ALSO DECKING. SO YOU ARE STARTING WITH IT IS NOT EVEN EQUAL. THE A APPROVED A POOL. THE APPLICATION CESSPOOL. THE APPROVAL SAY POOL. ANOTHER IDEA. THE KITCHEN THAT SHE IS TALKING ABOUT WHICH BY THE WAY IS NOT ALLOWED IN THE PUD. THE COUNTY TAX ASSESSOR CALLS THIS AN OPEN PORCH. THIS IS WHAT WAS SUBMITTED ORIGINALLY TO THE A. OPEN IN THE BACK. SMALL SIX BY SIX POSTS. THIS IS WHAT WAS BUILT. THIS STRUCTURE IS 60% LARGER THAN WHAT WAS SUBMITTED TO THE A. HOW DID THAT HAPPEN? AND BY THE WAY, FROM WHILE THERE IS THIS ORIGINAL SUBMISSION, AFTER THAT THE FIRST PUBLIC PLOT PLAN WAS MADE AVAILABLE BY THE CITY OF CARMEL IN NOVEMBER OF 2023. MONTHS AFTER THE STRUCTURES WERE DONE AND THE FAMILY WAS SWIMMING IN IT. AFTER THAT POINT IN TIME CARMEL LEGAL PROVIDED TO ME THREE MORE UPDATED PLOT PLANS UPDATING THE PLOT PLAN TO BE MORE LIKE THE STRUCTURES ON THE LOT. YOU DON'T NEED TO TAKE JUST MY WORD FOR IT. THE CITY IS SAYING IT WAS BUILT HOWEVER THEY WANTED. I'M SAYING IT WAS BUILT HOWEVER THEY WANTED. HERE IS ONE OF THE CURRENT BOARD MEMBERS. THIS IS WHAT THEY SAID. THIS IS A COPY OF THE TEXT I'M GOING TO READ EXACTLY AS IT WAS SAID. THE JURORS HAVE BEEN ALLOWED TO GET AWAY WITH MURDER. I'M DISCUSSED IT WITH THEM. THERE WAS SUPPOSED TO PUT IN LANDSCAPING BETWEEN THE HOUSE AND STACY'S. THEY HAD THE AUDACITY TO SAY THEY RAN OUT OF MONEY. STATES HE HAD TO SPEND 30 KATE SUPPLANTS HER OWN TREES BUT I DON'T UNDERSTAND WHY THEY KEEP HITTING AWAY WITH THIS. ANOTHER NEIGHBOR MENTIONS AT THE SAME TIME AND I CAN BARELY SEE THIS. BASICALLY THAT AT THE SAME TIME MONEY FOR THE LANDSCAPING THEY TALK TO WITH PLUMBERS AND THE PLUMBERS WERE INSTALLING ON TOP-OF-THE-LINE
WATER HEATER. >> JUST ONE MORE THING. THE OTHER NEIGHBOR CAN SPEAK TO THAT. BECAUSE THEY ARE HERE.
ALL I'M GOING TO DO IS WRAP UP AND SAY ANOTHER VARIANCE WOULD SET A HARMFUL PRESIDENTS AFFECTING THE REST OF OUR COMMUNITY. SHOULD PEOPLE BE ALLOWED TO BUILD WHATEVER THEY WANT EVEN IF HARMING OTHER NEIGHBORS AND ASKING FOR FORGIVENESS? HOW WOULD ANY OF YOU FEEL IF THIS IT HAPPEN TO YOU? DOES THIS SOUND RIGHT TO ANY OF YOU? IT IS NOT. I IMPLORE THE BOARD TO DO THE RIGHT THING AND NOT ALLOW A DANGEROUS PRECEDENT TO BE SET. THANK YOU VERY MUCH FOR GIVING ME THE EXTRA TIME. I APPRECIATE IT.
>> THE OTHER TWO HAVE THREE MINUTES A PIECE.
>> I APPRECIATE THE BOARD FOR THIS TIME TO SPEAK ON THIS PARTICULAR PETITION. MY NAME IS EDDIE HAGER I'M A ZONING AND PETITION ANALYST. IN LOOKING AT THIS CASE THE ONE THING THAT STRUCK ME THE MOST ABOUT CARMEL AND THERE WERE KNOWN NOT JUST HERE YOU ARE KNOWN ALL OVER THE WORLD AS ONE OF THE BEST SMALL CITIES IN THE COUNTRIES TO LIVE. WHY IS THAT BECAUSE YOUR ZONING IT IS BECAUSE YOUR PETITION RESTRICTIONS. THE WAY DEVELOP THE CITY. YOU HAVE DEVELOPED IT INTO A WORLD CLASS CITY. BOUGHT COVERAGE. NOT APPLIED FOR. AFFIDAVITS SIGNED BY THE PETITION SEVEN OF THEM TO EIGHT DIFFERENT BOARDS THAT SHE WAS GOING TO COMPLY WITH ALL OF THE ZONING AND DEVELOPMENT STANDARDS. CHANGE TO POOL VARIANCE. DID NOT APPLY FOR THAT. THE A DENIED THE AID THE RIGHT OF FULL ACCESS TO HER
[00:25:03]
PLANS. WITHIN A REFERENCE TO THE DRAIN DID NOT APPLY FOR A VARIANCE. AGAIN ON THE PERGOLA DID NOT APPLY FOR A VARIANCE.SHE DID NOT APPLY FOR WHAT THE ACTUAL COUNTY ASSESSOR IS CALLING AN OUTDOOR KITCHEN. OR A PORCH. DID NOT APPLY FOR IT.
THIS PETITIONER HAS REFUSED AND FAILED MISERABLY IN APPLYING FOR THAT MANY VARIANCES. BUT YET I JUST WITNESSED AS WE WALKED INTO THIS ROOM FIVE OR SIX PEOPLE IN HERE ASKING FOR VARIANCES. AND SHE DID NOT APPLY FOR THESE. NOW SHE IS ASKING FOR FORGIVENESS AND 30 YEARS OF DOING THIS I'VE SEEN MAYBE TWO I'VE SEEN MAYBE THREE I'VE NEVER SEEN FOUR.
AND WE ARE LOOKING AT EIGHT. THAT SHE FAILED TO FILE FOR.
BUT YET SHE HAS A SWORN AFFIDAVIT THAT SHE KNEW SHE HAD THE KNOWLEDGE AND SHE KNEW THAT SHE WAS FOLLOWING THE ZONING AND THE DEVELOPMENT STANDARDS FOR CARMEL AND THE PUD IN WHICH SHE LIVES. I WOULD SUGGEST THAT YOU FOR YOUR REPUTATION OF THIS COMMUNITY DENIED THIS PETITION. THANK YOU.
>> NEXT >> GOOD EVENING MY NAME IS JEFF GIBSON ONE OF THE MEMBERS. I LIVE JUST TO THE WEST OF THE PROPERTY IN QUESTION. WE'VE HEARD TESTIMONY FROM DIFFERENT PEOPLE ON THE LEGALITIES AND LOGISTICS OF THIS. I CAN SAY IT HAS HAD QUITE AN EFFECT ON THE COMMUNITY. AS FAR AS HOW PEOPLE INTERACT WITH THE A BOARD. OF THE BOARD INTERACTS WITH EACH OTHER. A LOT OF QUESTIONS ARE SURROUNDING WHAT IS BEING DONE ABOUT THIS. WHAT OTHER RULES? I THINK THAT I'M NOT A FAN OF A LOT OF RULES. I AM A FAN OF WE ARE GOING TO HAVE RULES TO BE FOLLOWED BY EVERYBODY. WE HAVE A COVENANT IN THE A. THESE ARE THINGS THAT SET THE GROUNDWORK WITH A FRAMEWORK FOR EVERYBODY.
NOT TO SAY YOU CAN HAVE A POOL. WE HAVE PUD'S THAT SAY NOT AS BIG AS WHAT YOU CAN GET -- WE HAVE OTHER THINGS THAT GOVERN WHAT YOU CAN AND CANNOT PUT THERE. AGAIN MOVING FORWARD AS A COMMUNITY AS FAR AS TRYING TO PUT THINGS TO REST. THE REALITY IS IS THAT YOU HAVE TO LOOK AT WHAT IS THE PRESIDENT MOVING FORWARD? PEOPLE CAN EITHER KNOWINGLY OR UNKNOWINGLY BUILT SOMETHING THAT DOES NOT FIT THE RULES AND THINGS WILL HAVE TO BE CORRECTED. OR IS IT A SCENARIO WHERE WE ARE GOING TO NOT LET PEOPLE DO WHAT THEY WANT TO DO. WE WILL ASK FOR FORGIVENESS LATER. YOU HAVE PEOPLE WHO ARE POTENTIALLY AFFECTED HAVE TO JUST DEAL WITH IT. THEY'RE NOT THE ONES IN VIOLATION. I DO THINK THAT IN LOOKING HOW ALL THIS IS UNFOLDED IT HAS WEIGHED HEAVILY ON A LOT OF PEOPLE AND CREATED A LOT OF TURMOIL IN THE NEIGHBORHOOD. AND I DO THINK THAT AGAIN FOR THE SAKE OF KIND OF UPHOLDING THE RULES IT IS GOOD FOR EVERYBODY IF THESE RULES WE HAVE IN PLACE PUD'S THESE KIND OF THINGS ARE UPHILL AND THEN MOVING FORWARD AT THIS COMES UP IN THE FUTURE SOMEBODY BUYS A HOUSE AND MOVED INTO THE NEIGHBORHOOD. WE WILL ALREADY HAVE A GAME PLAN ON THESE OF THE THINGS THAT ARE SUPPOSED TO HAPPEN. THAT IS JUST ME SPEAKING MY PIECE ON HOPEFULLY BETTERING THE COMMUNITY.
>> FIVE MINUTES -- >> YOU CAN RESPOND TO ANYTHING THAT WAS SAID AND YOU HAVE FIVE MINUTES PICK
>> FIRST OF ALL WE FILED FOR A APPROVAL AND DECIDED TO DO A POOL. THE A WAS UNDER THE BUILDERS OF THAT AREA. SO OUR POOL WAS APPROVED PRIOR TO THAT. AND THEN WE HAD STARTED PLANNING THE POOL. AND IN THE A TURNED OVER TO THE HOMEOWNERS .
THEN WE HAD TO FILE FOR AN ADDITIONAL APPROVAL. THIS WAS AFTER THE PROJECT HAS STARTED. THEN WE HAD TO SUBMIT ON TOP OF THAT TO THE ARCHITECTURAL COMMITTEE. THEY WERE ASKING QUESTIONS AND WE HAD ALREADY MADE DEPOSITS AND THINGS WERE GOING ON ALREADY. WE WENT THROUGH A APPROVAL TWICE. PLUS ARCHITECTURAL COMMITTEE. AND SO THAT IS HOW THINGS CHANGED. THE PROJECT CHANGE FROM THE BEGINNING. THERE WAS NEVER ANY INTENT TO HARM ANYONE. AS THEY COMPLAINED WE TRIED TO MAKE
[00:30:06]
CHANGES TO MITIGATE THEIR COMPLAINTS. THE LONG WALL WHERE THE FOUNTAIN WAS NEVER IN THE ORIGINAL PLAN. BUT WHEN SHE IMMEDIATELY COMPLAINED ABOUT PRIVACY, IT WAS JUST A THREE-TIER WE MADE IT ALL THE WAY ACROSS TO TRY AND GIVE HER PRIVACY. THE TREES WERE NEVER PLANTED BECAUSE SHE COMPLAINED ABOUT DRAINAGE. AND GOT THE COUNTY INVOLVED IN THE COUNTY INSISTED ON BASICALLY MITIGATING THAT AND IT WAS ONLY TO DO A RETAINING WALL. NOW THE RETAINING WALL DOES NOT ALLOW FOR TREES. BECAUSE OF THE EASEMENT. THAT IS WHY THERE IS NO TREES BUT THEY ALWAYS ASKED ME WHEN I GOING TO GIVE US A LANDSCAPE PLAN. I SAID THIS IS LIKE BUILDING A HOME THINGS CHANGE. I'M NOT A CONTRACTOR. WE HAVE TO GO AS THINGS GO.SOON AS THE POOL IS COMPLETE WE CAN ACTUALLY DO A LANDSCAPE PLAN AND I WILL PRESENT IT. ONE THING LED TO ANOTHER AND WE ENDED UP WITH A RETAINING WALL. IT WAS NEVER ABOUT MONEY. I DON'T KNOW WHY SHE HAS A PROBLEM WITH MY HOT WATER HEATER GOES OUT IN DECEMBER TO HAVE TO GET A NEW HOT WATER HEATER. IT IS NONE OF YOUR BUSINESS AND IT WAS NOT TOP-OF-THE-LINE. AND I HAVE FIVE CHILDREN THAT NEED TO TAKE HOT SHOWER IN JANUARY. FORGIVE ME FOR PUTTING A HOT WATER HEATER IN. THE KITCHEN BACKWALL WAS PLACED FOR PRIVACY BECAUSE WE HAD WERE TOLD EVERYBODY WAS MAD ABOUT PRIVACY. THAT WAS NEVER MY IDEA. I NEVER PLANNED THIS. IT IS ALSO I WAS UNAWARE OF THESE ALWAYS HAVE TO BE SUBMITTED FOR VARIANCES. THE CONTRACTOR CAME TO ME AND SAID WHY DON'T WE PUT UP A PARTIAL WALL HERE. YOU CAN PUT A TV ON THE BACK OF IT. IT GIVES YOU PRIVACY AND THEN PRIVACY. THEY ARE NEVER OUTSIDE ANYWAY. DID NOT THINK YES I'VE LEARNED A LOT FROM THE PROCESS. BUT AGAIN I WORK 70 HOURS A WEEK AND I RAISED FIVE KIDS BY MYSELF. IT IS NOT MY JOB TO KNOW THIS WHEN I'VE HIRED AND CERTIFIED CONTRACTOR. YOU DON'T COME IN AND ASK YOUR FRIEND NEXT TO YOU HOW I'M GOING TO DO MY JOB. I HAVE CONTRACTORS. I EXPECT THEM TO DO THEIR JOB. I PAID THEM A LOT OF MONEY. THIS PROJECT HAS TURNED TOTALLY SOUTH FOR US JUST AS WELL. IF I COULD TAKE IT ALL BACK I WOULD. AT THIS POINT I DON'T KNOW WHAT YOU WANT ME TO DO. DO I HAVE TO SUE MY CONTRACTORS OVER THIS? I'VE BEEN INCONVENIENCED QUITE A BIT MYSELF. FROM THE WHOLE PROJECT.
>> I LIVE WITH JULIE AT 3721. A COUPLE THINGS BUT JUST HERE I UNDERSTAND THAT RULES ARE RULES. WHATEVER THE PUD'S. ALL THESE DIFFERENT DEFINITIONS EVERYBODY HAS BEEN WE ARE NOT THE EXPERTS. AND I THINK THE FOR VARIANCES TO JUST GET BACK TO THE ISSUE THE FOUR VARIANCES THAT ARE IN THIS IS THE POOL EQUIPMENT BEING ON THE SIDE. WE DID NOT KNOW THAT WAS OR WASN'T ALLOWED. THE CONTRACTOR SAID POOL EQUIPMENT WORKS BEST HERE. DIRECT LINES HERE. IT IS FEASIBLE. IT IS SAFE. THERE IS NO NOISE. I DON'T KNOW WHAT THE ORIGINAL REASONING FOR NOT HAVING YOUR POOL EQUIPMENT ON THE SIDE. I DON'T KNOW IF THIS A NOISE ISSUE. I DON'T KNOW IF IT IS AN EXPLOSION ISSUE. BOTH OF WHICH ARE RARE. THE POOL EQUIPMENT READS AT A DECIBEL READING OF 25. IF IT IS A NOISE I DON'T QUITE UNDERSTAND WHERE THE ORDINANCE ORIGINATED FROM. THE SECOND THING IN THE SETBACK WHERE WE HAD THE A RETENTION WALL I WAS THERE WITH THE CITY OF CARMEL AND THE COUNTY. ABOUT THE DRAINAGE ISSUE IN THE BACK.
THE ONLY WAY WE COULD ACTUALLY RECTIFY THAT WHERE EVERYBODY'S SATISFACTION IS A RETENTION WALL. BRING THE SLOPE DOWN TO MAKE IT EVEN. AS TO PROTECT THAT DRAINAGE WALL THAT EVERYBODY WAS SO WORRIED ABOUT. THE THIRD VARIANCE IS BASICALLY WHERE THE KITCHEN IS. WE NEED ONE AND A HALF FEET ON THE SIDE SETBACK. APPARENTLY IT IS 8.5 FEET EASEMENT. +3. I DON'T KNOW WHERE THE +3 COMES FROM. WE HEARD ABOUT THAT WHENEVER ALL THIS CAME ABOUT. WE ARE LITERALLY OFF BY 1.5 FEET IS THE ONLY DIFFERENCE THERE. IT IS A NORMAL STRUCTURAL SIZE FOR A KITCHEN. LAST BUT NOT LEAST IS THE LOT COVERAGE BUT WE NEEDED MORE LOT COVERAGE PARTIALLY BECAUSE OF THE RETENTION WALL. WE NEVER PLANNED ON PUTTING IN.
>> THANK YOU. SO YOU HAVE BEFORE YOU THE DEPARTMENT REPORT WHICH GOES INTO MUCH DETAIL ABOUT THE HISTORICAL BACKGROUND OF THE SITUATION. AS WELL AS THE GENERAL INFO AND THE VARIANCES REQUESTED. SO BEFORE YOU THIS EVENING ARE BASICALLY THREE VARIANCES. THEY ALL APPLIED TO THE ADDITIONAL ITEMS THAT HAVE BEEN ADDED TO THE SITE SINCE THE ORIGINAL LOT
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VARIANCE APPROVAL LOT COVERAGE VARIANCE APPROVAL. SO THERE IS THE ADDITIONAL POOL DECKING. WHICH CONTRIBUTES TOWARDS THE LOT COVERAGE. AND THEN THERE IS THE POOL PUMP EQUIPMENT AND THE VARIANCE FOR THAT IS THE SIDE SETBACK. AND THEN THERE IS ALSO THE POOL ACCESSORY BUILDING OR CABANA. THAT IS ANOTHER SETBACK VARIANCE. AND THE HAMILTON COUNTY SURVEYOR'S OFFICE IN CARMEL ENGINEERING DEPARTMENT THEY HAVE ALREADY REVIEWED AND APPROVED THE PROJECT. THAT HAS BEEN DONE IN THE LAST FEW YEARS. WHAT IS STILL REMAINING IS A FINAL INSPECTION RELATED TO THE ORIGINAL PERMIT. THAT IS AN OPEN PERMIT. PLANNING STAFF WOULD ALSO LIKE TO SEE A COPY OF THE LATEST HOMEOWNERS ASSOCIATION APPROVAL FROM 2024. WE DID REACH OUT TO THE HLA AND THEY STATED THEY HAVE NOT SEEN ANYTHING. THEY HAVE NOTHING TO REVIEW AT THIS TIME. AND WE DO WANT TO POINT OUT THAT A LOT OF THE STANDARDS THEY WERE IN THE BRANDON GROVE PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE NEIGHBORHOOD. A LOT OF THE STANDARDS FOR THE ACCESSORY BUILDINGS AND USES ACTUALLY REFER BACK TO OUR UNIFIED DEVELOPMENT ORDINANCE. THAT IS WHERE A LOT OF THE STANDARDS ARE REQUIRED SUCH AS THE EASEMENT WITH +3 FEET AND THINGS LIKE THAT. ALL IN ALL PLANNING STAFF IS GENERALLY SUPPORTIVE OF THIS VARIANCE REQUEST. WHAT WE DO RECOMMEND POSSIBLE CONDITION OF APPROVAL BE ADDING SOME PRIVACY SCREENING WHETHER IT BE THE EVERGREEN TREES THAT SOUTHEAST CORNER. OR A PRIVACY FENCING OR SOMETHING LIKE THAT. WE DO REALIZE THERE IS A REGULATED DRAINING INSTRUMENT AT THE CORNER. IT MIGHT BE LOCATED OUTSIDE OF THAT. BUT AGAIN WE DO RECOMMEND WE GENERALLY RECOMMEND SUPPORT OF THESE VARIANCE REQUEST.>> COMMENTS OR QUESTIONS? >> I HAVE A QUESTION TO THE PETITIONER. THIS IS JARRET IF THOSE FIRST OF ALL YOU MENTIONED FOUR VARIANCES. I SEE THREE IN FRONT OF ME.
>> THERE IS THREE. THEY LUMPED TOGETHER. I DON'T UNDERSTAND WHY THE POOL EQUIPMENT WAS A SIDE SETBACK. AND THE BACK SETBACK FROM THE RETAINING WALL. THEY PUT THOSE TWO TOGETHER. AS FAR AS THE KITCHEN GOES MAY I ADD THAT WAS ALREADY APPROVED AND SIGNED OFF BY THE CITY. THIS IS ANOTHER FRUSTRATION I HAVE. THAT WAS APPROVED BACK IN MAY OR JUNE OR JULY. NOW WE ARE ALL OF A SUDDEN BEING TOLD WE HAVE TO DO A VARIANCE FOR THE SETBACK. JUST WANTED TO ADD THAT.
>> I JUST WANTED TO SAY I'M VERY SORRY FOR WHAT YOU HAVE GONE THROUGH THROUGH ALL THESE. BUT MY QUESTION REALLY IS, IF THOSE THREE VARIANCES ARE GRANTED, ARE YOU DONE WITH EVERYTHING THAT NEEDS TO BE DONE?
>> I'VE BEEN DONE. >> HAVE YOU GOTTEN THE HLA
APPROVAL ? >> THE HLA APPROVED THE PROJECT UP FRONT PENDING A LANDSCAPE PLAN. I TALKED TO THE PRESIDENT AND SAID THERE WILL BE NO LANDSCAPING. THERE IS NO ROOM FOR LANDSCAPING BECAUSE OF THE EASEMENTS.
>> THE CITY IS ASKING FOR THAT UPDATED APPROVAL FROM HLA. ARE
YOU WILLING TO GET THAT? >> I AM FINDS A FILE FOR IT.
OUR A HAS CHANGE MANAGEMENT COMPANIES. IT IS ANOTHER ENTITY. I WILL FILE FOR IT. BUT THERE IS NO COMMUNICATION. THE BOARD HAS CHANGED THREE TIMES. STACY SHAPIRO SIGNIFICANT OTHER SITS ON THE BOARD. THEY HAVE SOLD THEIR HOUSE AND THEY
DON'T EVEN LIVE THERE ANYMORE. >> THANK YOU. THE OTHER THING I WANTED TO SAY IS THAT ON THESE POSTERS THAT WERE CLOSE TO BEING HERE I SAW THE SENTENCE THAT SAID THE GERACE HAVE BEEN ALLOWED TO GET AWAY WITH MURDER. THIS IS NOT A GOOD LAN LANGUAGE TO BE USED IN THIS VENUE. PLEASE LET'S REMAIN CIVIL ABOUT THIS. WE COULD HAVE DISAGREEMENTS. BUT LANGUAGE LIKE THIS DOES NOT BELONG IN THIS VENUE. THANK YOU.
>> ANY OTHER COMMENTS OR QUESTIONS?
>> THIS IS JARRET DID YOU EVER SUBMIT ANY PLANS TO YOUR A A VERY ARCHITECTURAL REVIEW BOARD. THAT ADDRESS LANDSCAPING? THE LANDSCAPING COMPONENT OF YOUR PROJECT.
>> AT THE TIME WE WERE DOING THE PROJECT JOHN WAS THE PRESIDENT.
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>> SHE WOULD HAVE TO GO BACK TO THE COUNTY. IS THERE ANY WAY TO
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PUT TREES? DO YOU WANT ME TO SHOW YOU?>> SO, YOU SEE THE DOTTED LINE HERE? I WILL GET WITH THE BUILDING AND CODE ENFORCEMENT DIVISION. SO, THIS DOTTED LINE WAS THE REGULATOR DRAIN. THIS WAS FOR THIS PROJECT BUT IT WOULD ALSO BE IN HERE. IT GOES TO THIS RETENTION AREA. THE COUNTY ALSO HAS THIS STRIP OF LAND AND WHAT THEY WERE SPEAKING ABOUT, THIS IS THERE PROPERTY, BUT THERE IS A 8 1/2 FOOT EASEMENT THERE. YOU COULD PLANT TREES IN THIS GRASS AREA BUT YOU WOULD HAVE TO HAVE PERMISSION FROM THE COUNTY TO PUT ANYTHING IN THERE. SO, IT'S NOT A CITY CALL.
>> HAS THE COUNTY RE-ELECTED TO DO THAT OR DO THEY INTEND TO
GRANT STUFF LIKE THAT? >> WE HAVE SEEN THEM ALLOW.
USUALLY YOU WILL SIGN A WAIVER. >> IF THEY HAVE TO DIG YOU LOSE
YOUR TREES. >> WE PROBABLY DID THAT ALL THE TIME WITH THE POOLS WITHIN THREE FEET OF THIS YOU WILL SIGN A WAIVER IN CASE WE HAVE TO GET TO OUR WATER LINE OR
>> IT COULD BE INSTEAD OF TREES IT MIGHT HAVE LONG ROOTS. IT COULD BE LANDSCAPING. SHRUBS. IT DOESN'T HAVE TO BE TREES.
>> THEY GROW REALLY FAST. I WOULD RECOMMEND NOT DOING A TREE. I WOULD DO SOME TYPE OF EVERGREEN THAT IS YEAR-ROUND.
WE STILL HAVE TO DECIDE WHETHER WE APPROVE THIS OR NOT. BOARD,
WHERE WE GOING? >> I MOVE WE APPROVE.
>> WITH ANYTHING? AND THE RECOMMENDATION FROM STAFF IT IS SAYING POSSIBLY LOOKING AT SOMETHING IN THE CORNER BUT THAT WOULD OBVIOUSLY HAVE TO GET APPROVED BY COUNTY. I THINK WE WOULD HAVE TO MAKE IT DETERMINED ON WHETHER THE
COUNTY APPROVED IT OR NOT. >> I WOULD.
>> ANYBODY ELSE? DO I HAVE A SECOND?
>> CAN I MAKE A FRIENDLY AMENDMENT TO THE MOTION?
>> OKAY. SO MOVE TO APPROVE WITH CONTENTION ON THE FINAL INSPECTION OF THE SWIMMING POOL AND THEN MAKING EVERY BEST EFFORT TO PUT IN SOME KIND OF LANDSCAPING THAT WILL WORK THAT THE COUNTY WILL APPROVE AND WITH THE APPROVAL OF FINDINGS
>> CAN WE MAKE THAT -- I HEARD HER SAY THAT WOULD BE WORKED OUT WITH STAFF ON WHAT THOSE PLANTINGS WOULD BE. ANY
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DISCUSSION? ALL THOSE IN FAVOR SAY AYE. GO AHEAD. I WILL STOP.NO. >> OKAY. IT'S A LOT LOST ON ME THAT WE DON'T WANT TO SEND A MESSAGE THAT ANYBODY AND CARMEL CAN BUILD WHAT THEY WANT AND COME LATER TO GET A VARIANCE.
IN MY ESTIMATION THAT IS NOT WHAT HAPPENED HERE. I'VE SEEN THAT DONE INTENTIONALLY AND I DON'T BELIEVE THAT WAS DONE INTENTIONALLY HERE. BASED ON THE INFORMATION WE HAVE BEEN PROVIDED. I AM INCLINED TO APPROVE IT BECAUSE OF THIS AND IN MY DECISION-MAKING I GUESS THE WAY I THOUGHT ABOUT IT WAS IF I CUT OUT ALL THE NOISE AND CONFLICT AND THINK ABOUT IF THESE VARIANCES HAD COME TO US TODAY IN THEIR FIRST RUN AND THIS WAS THE VARIANCE REQUEST THESE WERE FROM THE GET-GO, I LIKELY WOULD'VE APPROVED THIS . I'M GOING TO APPROVE
TONIGHT. >> IF I MAY THEN I WILL PIGGYBACK ON THAT . THIS BOARD IS NOT HERE TO RESOLVE THE BLAME GAME . WHETHER WE GOT TO THIS POINT THROUGH BLATANT DISREGARD FOR THE RULES OR WE GOT HERE BECAUSE THE HOA WAS BY ESTIMATION INCREDIBLY IGNORANT AND ITS LACK OF ENFORCEMENT OF ITS OWN RULES , IT DOESN'T MATTER TO THIS GROUP. I WILL SPEAK FOR MYSELF IT DOESN'T MATTER TO ME. THIS BOARD IS ALSO NOT HERE TO TAKE ACTIONS THAT ARE PUNITIVE AND ANYONE WHO CAME HERE LOOKING FOR THAT TONIGHT I THINK WILL LEAVE DISAPPOINTED . AT THIS POINT WE HAVE A POOL IN THE GROUND, WE HAVE A FUNCTIONAL YARD WHERE THE DRAINAGE IS WORKING, THE FUNCTIONALITY OF ALL THE EASEMENTS REMAINS INTACT AND THAT IS THE WAY THE CITY HAS THESE RULES IS TO PRESERVE THE PUBLIC GOOD AND THEIR FUNCTIONALITY. AS I LOOK AT THIS LIST OF VARIANCE REQUESTS THESE ARE VERY RUDIMENTARY REQUESTS AND COMMONLY APPROVED BY THE CITY AND BY THIS BOARD.
THE FACT THAT THERE IS A VERY LENGTHY BACK STORY , AT LEAST FOR ME, IS NOT PART OF THE DECISION.
>> I WILL JUMP ON THAT AND SAY I AGREE WITH HIM TOTALLY. WE ARE NOT HERE TO ENFORCE HOA ROLES. THAT'S NOT WHAT WE DO.
YOU WENT THROUGH A VERY CONFUSING TIME THAT SWITCHES FROM THE BUILDER TO THE RESIDENCE. AGAIN, MY POINT IS GOING TO BE LEARNED FROM THIS, MAKE YOUR NEIGHBORHOOD BETTER AND I WILL CALL FOR A VOTE. ALL IN FAVOR SAY AYE. OPPOSED? PAST. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.