Apr 28, 2025 Board of Zoning Appeals Hearing Officer Meeting

>> WE'LL START THE PUBLIC HEARING PORTION NOW.

>> THAT'S IT? THANK YOU.

IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN SUPPORT OF THIS PETITION? OKAY.

PLEASE. GO AHEAD.

INTRODUCE YOURSELF. YOU'RE LIMITED TO FIVE MINUTES.

>> TURN THE MIC ON.

>> YEAH. ALL

RIGHT. >> IS THAT BETTER? OKAY. EVEN THOUGH I AM APPLYING FOR THE SPECIAL EXCEPTION PERMIT TO MY OWN PRIMARY RESIDENCE, TECHNICALLY I AM ALSO AN AFFECTED PROPERTY OWNER SINCE I ALSO OWN THE LOT AT 1110 QUEENS WAY CIRCLE, THE VACANT LOT NEXT TO MIND. I WOULD APPRECIATE IF YOU COULD ADD MY ENDORSEMENT. AS AN AFFECTED PROPERTY OWNER, I AM IN FAVOR OF THE PERMIT APPLIED FOR AT 111000 QUEENS WAY CIRCLE.

AT MY ATTORNEY PROVIDED ALL THE NECESSARY INFORMATION AND DOCUMENTS REQUESTED AND IN GOOD ORDER SHOWING THAT OUR PROPERTY IS AN IDEAL CANDIDATE FOR SUCH PERMIT. WE HAVE OVER 13 ACRES OF LAND, SEPARATING US FROM SURROUNDING PROPERTIES, WE HAVE ADEQUATE PARKING, INCLUDING A DEDICATED GARAGE SPOT, FULL SECURITY SYSTEM, SURVEILLANCE CAMERAS AND A VERY GOOD RELATIONSHIP WITH CARMEL PD. OUR PROPERTY IS ALSO GATED AND VERY PRIVATE. ADDITIONALLY, I HAVE ACTED AS THE UNOFFICIAL RESIDENT AT QUEENS MANOR FOR THE PAST COUPLE OF YEARS CARRYING OUT A MULTITUDE OF TASKS NEGLECTED BY THE NEIGHBORHOOD FOR DECADES. THE ACTIVITIES INCLUDE COLLECTING DUES FROM MAINTENANCEMAINTENANCE COMMON AREAS, IMPROVING LANDSCAPED AREAS, ORGANIZING PRIVATE SECURITY AS A RESULT OF SEVERAL BREAK- INS, AS WELL AS GETTING SAFETY CAMERAS INSTALLED AT OUR ENTRANCE AND ORGANIZING A NEIGHBORHOOD WATCH PROGRAM. I'VE DONE MY BEST TO BRING THE NEIGHBORS TOGETHER TO FOSTER A BETTER SENSE OF COMMUNITY THAT HAS BEEN SEVERELY LACKING FOR YEARS. I EVEN HANDLE GETTING THE HOLIDAY LIGHTS INSTALLED AT OUR ENTRANCE. I WEAR MANY HATS IN OUR NEIGHBORHOOD, OUT OF NECESSITY, BY CHOICE.

WHERE I CHOOSE TO LIVE IS TOO HIGH TO SIT BACK AND HOPE OTHERS DO IT. ALL OF THESE DUTIES REQUIRE ME TO BE A GOOD DIPLOMATIC LEADER. I'M DOING THIS FOR THE BETTERMENT OF THE COMMUNITY AND SO MY KIDS HAVE A GOOD CHILDHOOD AND FEEL SAFE AND HAPPY.

I ALSO TAKE SIGNIFICANT PRIDE IN WHERE I LIVE AND IT IS IN MY NATURE TO IMPROVE AND FOSTER ANYTHING IN MY ORBIT, SO TAKING AN ACTIVE ROLE IN MY COMMUNITY COMES VERY NATURAL TO ME DESPITE IT BEING VERY DIFFICULT.

I'VE DONE ALL OF THIS IN A NEIGHBORHOOD THAT HAS BEEN VERY OPPOSED TO CHANGE FROM THE BEGINNING.

AND I GET IT, I'M THE NEW GUY, AND MOST RESIDENTS HAVE LIVED HERE FOR DECADES, BUT A SURE EVERYONE I'M NOT DOING THIS BECAUSE I ENJOY IT. I HAVE ENOUGH ON MY PLATE AS IT IS WITH SEVERAL BUSINESSES, TWO SMALL CHILDREN AND MANY ACTIVITIES AND A LOT OF BILLS TO PAY. ALSO THE PAST YEAR -- THREE YEARS HAVE BEEN LIKELY THE HARDEST OF MY LIFE.

MY MOM WHO JUST PASSED AWAY THE WEEK BEFORE THANKSGIVING FROM LUNG CANCER WAS FIGHTING HER DISEASE FOR THREE YEARS AS I STOOD BY HER SIDE, WAITING ON HER HAND AND FOOT DRIVING HER TO DOCTOR'S APPOINTMENTS AND WATCHING HER SUFFER WHILE SHE SLOWLY DIED.

I'M NOT TELLING YOU THIS BECAUSE I'M ASKING FOR SYMPATHY FROM ANYONE.

I'M TELLING YOU BECAUSE I'M SHOWING YOU A PERSON OF CHARACTER AND INTEGRITY AND IF I CAN HANDLE AND SURVIVE THE KIND OF ADVERSITY I'VE HAD OVER THE PAST THREE YEARS WHILE STILL FINDING TIME TO BETTER MY COMMUNITY, ALL ALONE, THEN I SHOULD BE TRUSTED TO HOST PEOPLE AT MY HOME WITHOUT DISRUPTING MY NEIGHBORS. FROM WHAT I UNDERSTAND THERE ARE SOME NEIGHBORS THAT OPPOSE MY PERMIT.

IT SEEMS MOST ARE CONCERNED WITH -- THAT -- IT SEEMS MOST ARE CONCERNED THAT GRANTING MY PERMIT WILL CREATE A SLIPPERY SLOPE EFFECT IN WHICH MANY OTHER HOMES WILL START TO GET PERMITS AND DO THE SAME THING. HOWEVER, AS LARGE AS THE HOMES ARE AROUND WHERE I LIVE, STILL VERY FEW OF THEM HAVE DETACHED OR SEMIDETACHED LIVING SPACES.

I DON'T THINK YOU'LL SEE PEOPLE STARTING TO RENT OUT THEIR BASEMENTS OR ENTIRE HOMES. SO I THINK THE CONCERNS STEM SIMPLY FROM THE FEAR OF THE UNKNOWN.

WE SIMPLY PLAN TO OCCASIONALLY HOST GUESTS IN OUR SEMIDETACHED APARTMENT, IT IS NOT THAT SCARY OR COMPLEX, AS SOME ARE MAKING IT SEEM. IT IS NOT SOME CONDO IN AN URBAN DENSE AREA. PLUS, THIS PERMIT HAS BEEN AVAILABLE TO BE APPLIED FOR -- QUITE SOME TIME NOW.

[00:10:03]

I DON'T THINK MY PERMIT WILL BE THE ONE THAT CREATE A SHORT- TERM RENTAL REVOLUTION IN WEST CARMEL.

THE PACE WE HAVE IS TRULY A ONE- OFF SITUATION AND CANNOT BE COMPARED TO WHAT YOU SEE IN MORE DENSE AREAS. I'LL ALSO ADD THAT A LARGE MAJORITY OF OUR RENTERS WILL BE THROUGH CONNECTIONS OF PEOPLE WE ALREADY KNOW AND WE'LL BE DOING THOROUGH VETTING AND BACKGROUND CHECKS. SECURITY AND SAFETY ARE LITERALLY A SECOND FULL TIME JOB FOR ME IN THE NEIGHBORHOOD. WE WILL ALSO BE HOME AND PRESENT DURING MOST IF NOT ALL TIMES THAT WE HAVE GUESTS.

IF WE ARE NOT HOME FOR SOME REASON, WE HAVE A FULL TIME HOUSE MANAGER THAT WILL BE AVAILABLE ON SITE, PLUS MANY CAMERAS, EXTENSIVE SECURITY SYSTEM, AND PRIVATE SECURITY CONTROL. I TRULY CANNOT THINK OF A BETTER CANDIDATE FOR THE SPECIAL EXCEPTION PERMIT THAN US. AND ALTHOUGH NOT ALL MY NEIGHBORS ARE SUPPORTING OUR REQUEST FOR THE PERMIT, THE AFFECTED NEIGHBORS WHICH I BELIEVE ARE THE ONES THAT MATTER MOST IN THIS PROCESS ARE EITHER IN FULL SUPPORT OF WHAT WE ARE DOING OR INDIFFERENT.

JUST ANOTHER PARAGRAPH. BUT NO AFFECTED NEIGHBOR HAS OUTWARDLY OPPOSED OUR REQUEST.

THE OTHERS NOT IN FAVOR ARE ACRES AWAY.

I HOPE YOU'LL CONSIDER APPROVING OUR SPECIAL EXCEPTION PERMIT, IT WOULD BE GREATLY APPRECIATED.

WE LOVE LIVING IN CARMEL AND WE WILL CONTINUE TO BE GOOD AND RESPECTFUL NEIGHBORS OF QUEEN'S MANOR.

WE HOPE TO BE A EXCELLENT MODEL SO OTHER APPLICANTS WILL BE HELD TO A HIGHER STANDARD AS CARMEL DEMANDS AND DESERVES NOTHING BUT THE BEST AND THAT'S WHY WE LIVE HERE. THANK YOU.

>> THANK YOU. THANK YOU. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK IN OPPOSITION TO THIS PETITION? HOW MANY HANDS DO WE HAVE UP? ONE, TWO, THREE.

THREE OF YOU CAN SPEAK FOR TOTAL OF 15 MINUTES.

FIVE MINUTES EACH. PLEASE.

>> THANK YOU VERY MUCH. AND THANK YOU FOR BEING HERE TONIGHT. ALL YOU DO TO PROMULGATE RULES THAT MANAGE ZONING IN CARMEL ARE MUCH APPRECIATED BY US. MY NAME IS SUE M CGILL AND I'M HERE WITH MY HUSBAND ROB.

WE OPPOSE THIS PETITION FOR AN EXCEPTION TO THE SHORT- TERM RESIDENTIAL RENTAL THAT THE GORDENS HAVE FILED FOR THEIR PROPERTY IN QUEENS MANOR. QUEEN'S MANOR IS AN OLD NEIGHBOR IN TERMS OF WEST A FRIEND OF OURS WHO GREW UP ON DITCH ROAD IN ONE OF THE FEW PROPERTIES THAT THE ORIGINAL DEVELOPERS WERE NOT ABLE TO SECURE TOLD US THAT SHE USED TO TIP COWS IN WHAT IS NOW OUR YARD. IT WAS IRONIC BECAUSE ONE OF THE ORIGINAL DEVELOPERS NAME WAS GUERNSEY. I HAVE NO VAR VERIFICATION OF WHAT TYPE OF COW WAS ACTUALLY TIPPED.

WE BOUGHT OUR LAND IN 1988 FROM OUR NEXT DOOR NEIGHBOR.

WE BUILT OUR HOUSE, RAISED OUR KIDS AND NOW WE ENJOY HAVING OUR GRANDCHILDREN OVER TO ENJOY THE PEACEFUL TRANQUIL NEIGHBORHOOD THAT IS QUEEN'S MANOR. THERE ARE SEVERAL OTHER HOMES ARE OCCUPIED BY CHILDREN WHO GREW UP IN QUEEN'S MANOR AND MANY OTHER OCCUPIED BY ONLY THE SECOND OWNERS.

NOT BAD FOR A NEIGHBORHOOD THAT IS 40 YEARS OLD.

IT IS VERY STABLE, IT IS SINGLE FAMILY HOMES.

WE HAVE NEVER HAD AN OWNER AS HOA IN OUR NEIGHBORHOOD.

WE HAD A VOLUNTEER NEIGHBORHOOD ASSOCIATION WITH VOLUNTEER PRESIDENT AND VOLUNTEER TREASURER WHO WOULD ACCEPT AND ASK FOR DUES AS THE EXPENSES WARRANTED. IT WAS VERY CASUAL, AND IT WAS BUILT UPON THE MUTUAL OBLIGATIONS THAT WE HAD FOR SNOW REMOVAL AND SOME SMALL AREAS OF LANDSCAPING.

THIS COOPERATIVE SPIRIT INSTEAD OF A FORMAL ONE HAS WORKED WELL FOR 40 YEARS WITH THIS COMMUNITY RESPECT AND MUTUAL RESPECT FOR EACH OTHER AND FOR THE COVENANTS UNDER WHICH WE ALL BOUGHT OUR PROPERTY BEING THE GUIDING FORCE. I HAVE A COPY OF THE COVENANTS HERE IF THERE IS NOT ONE IN YOUR PACKET. WE NEED ONE, ONLY ONE DUSK E. - TO DAWN LIGHT IN THE NEIGHBORHOODS.

THERE IS NO STRUCTURES THAT ARE NOT INCIDENTAL TO THE USE OF HOME, NO COMMERCIAL ENTERPRISES AND APPARENTLY YOU CAN HAVE ONE HORSE PER HOUSE. WE ARE ASKING THAT THIS PETITION FOR A SPECIAL EXCEPTION NOT BE GRANTED FOR THE FOLLOWING REASONS. THE PROPERTY IN QUESTION AND THE SURROUNDING PROPERTIES IN QUEENS MANOR ARE ZONED S- 1 RESIDENTIAL.

ONLY SINGLE FAMILY RESIDENCES ARE IN QUEEN'S MANOR CURRENTLY AND AN STRR IS INCOMPATIBLE WITH LONG EXISTING USE FOR OUR NEIGHBORHOOD. CARMEL GENEROUSLY HAS PASSED RESOLUTIONS FOR DATES IN WHICH THE STRR IS NOT ENFORCED. THAT WOULD OFFER AMPLE OPPORTUNITY FOR THE GORDENS TO UTILIZE THIS ADDITIONAL BUILDING THAT THEY HAVE ON THEIR PROPERTY.

THE QUEEN'S MANOR COVENANTS WHICH HAVE BEEN IN USE

[00:15:01]

CONTINUOUSLY AND RESPECTED ALLOW FOR ONLY SINGLE FAMILY OCCUPANCY AND ADDITIONAL STRUCTURES ONLY AS THEY'RE INCIDENTAL TO THE USE OF THE HOME. NO COMMERCIAL STRUCTURES OR BUSINESSES ARE ALLOWED IN OUR NEIGHBORHOOD.

THE PROPOSED USE OF THE PETITIONER'S HOME AS AN STRR TO ALLOW CUSTOMERS TO OUT OF TOWN TO RENT THEIR HOUSE INSTEAD OF A HOTEL ARE INCOMPATIBLE WITH OUR COVENANTS.

ADDITIONALLY, THERE ARE NO BENEFITS TO OUR SURROUNDING COMMUNITY FOR THEM TO HAVE A SHORT- TERM AIRBNB OR VRBO ON THEIR PROPERTY.

WE'RE NOT A COOL MIDTOWN LOCATION WHERE PEOPLE WOULD GO TO THE CHRISTMAS MARKET OR THE PALLADIUM OR RUN THE MARATHON.

THERE IS NO POTENTIAL TOURISM BENEFIT TO CARMELCARMEL A WHOLE FROM THE ACCEPTANCE OF THIS EXCEPTION. ONLY POTENTIAL LIABILITY AND COSTS ASSOCIATED WITH DIMINISHED PROPERTY VALUES WOULD RESULT FROM THIS. THERE IS ALSO THE INCREASED RISK OF OUT OF TOWNERS, MOTORISTS DRIVING THROUGH THE NEIGHBORHOOD, UNFAMILIAR WITH THE NEIGHBORHOOD.

WE HAVE NO SIDEWALKS IN QUEEN'S MANOR. OUR STREETS ARE USED D EXTENSIVELY BY WALKERS, BIKERS, AND CHILDREN AND OUT OF TOWN MOTORISTS UNFAMILIAR WITH THE AREA COULD CREATE A POSSIBLE ADVERSE EFFECT. THE PETITIONER'S FINDING OF FACT ARE INADEQUATE IN THAT THEY PROVIDE NO EVIDENCE TO SUPPORT THE REQUIRED FINDINGS FOR THE APPROVAL OF THIS EXCEPTION.

THE HEARING OFFICER HAS COPIES OF THE EMAILS FROM SIX NEIGHBORS WITHIN THE NEIGHBORHOOD WHO OBJECT TO THIS PETITION.

THERE IS A LETTER IN SUPPORT OF ONE NEIGHBOR WHO LIVES IN A DIFFERENT NEIGHBORHOOD. JACOB AND MARY, THIS IS NOT PERSONAL. IF YOUR BELOVED OLD DOG WANDERS IN OUR YARD, I'LL LEAD HIM BACK TO YOUR YARD. IF YOUR KIDS KNOCK ON OUR DOOR, I'LL BUY WHATEVER THEY'RE SELLING.

WE CAN'T SUPPORT YOUR PETITION FOR AN EXCEPTION FOR A SHORT- TERM RESIDENTIAL RENTAL PROPERTY IN OUR MUTUAL NEIGHBORHOOD. WE RESPECTFULLY ASK THIS BOARD TO DENY THE PETITION. THANK YOU.

>> WOULD YOU LIKE THE COVENANTS?

>> SURE. NEXT. THANK YOU.

>> MR. NAJJAR, THANK YOU FOR YOUR TIME THIS EVENING TO REVIEW÷÷THIS MATTER.

>> STATE YOUR NAME PLEASE AND ADDRESS.

>> MY NAME IS JAMES CARLBURG. MY WIFE DONNA AND I LIVE AT 11066 QUEEN'S WAY CIRCLE. WE LIVE THREE HOUSES AWAY FROM THE PROPERTY IN QUESTION.

WE LIVED THERE SINCE 1988. WE WERE ORIGINAL OWNERS AND HAVE RAISED OUR FAMILY THERE. IF YOU'RE NOT FAMILIAR WITH THIS PROPERTY, I WOULD ENCOURAGE YOU TO LOOK AT AN AERIAL VIEW OF IT. QUEEN'S MANOR IS A UNIQUE AREA BECAUSE ALL OF THE LOTS ARE FOR AND A HALF TO FIVE ACHES, SO THEY'RE FAIRLY LARGE LOTS.

AND TO THE GORDENS' CREDIT, THEY PURCHASED A HOME AND SIGNIFICANTLY REMODELED IT. AND IT IS NOT A NORMAL HOUSE AS MOST PEOPLE WOULD VIEW IT. IT IS QUITE A COMPOUND AND AN ESTATE. IT CONSISTS OF MULTIPLE BUILDINGS. IT HAS A SWIMMING POOL.

IT HAS A LARGE FITNESS CENTER. IT HAS A FULL- SIZED GYMNASIUM. IT HAS OUTDOOR LIVING AREAS.

IT HAS A LARGE POND WITH A GAZEBO.

SO, IT IS NOT A NORMAL AIRBNB THAT SOMEONE WOULD HAVE FOR A GUEST WHO WOULD JUST UTILIZE PART OF THE PROPERTY. AND AS I'LL EXPLAIN LATER, THAT'S ONE OF THE REASONS OF OUR CONCERN.

BUT, TO ADDRESS THE PETITION FIRST, AS MISS MCGIL INDICATED, THE QUEEN'S MANOR COVENANT STATES EACH LOT CAN ONLY HAVE ONE SINGLE FAMILY RESIDENCE. IT CAN'T HAVE TWO SINGLE FAMILY RESIDENCES, AND MR. GORDEN DESCRIBES THIS PROPERTY THAT HE DESIRES TO RENT AS AN APARTMENT, AND AN APARTMENT WOULD BE A SECOND SINGLE FAMILY RESIDENT. THAT WOULD BE PROHIBITED BY THE NEIGHBORHOOD COVENANTS. THE COVENANTS ALSO PROHIBIT THE USE OF THE PROPERTY FOR ANY COMMERCIAL PURPOSE OR BUSINESS AND RENTING PART OF THE PROPERTY OUT IS IN ITSELF A BUSINESS. FINALLY, SHOULD THIS PETITION BE

[00:20:02]

GRANTED, THERE SHOULD BE RESTRICTIONS PLACED UPON THE USES OF THE PROPERTY AND THE PARTS OF THE PROPERTY SHOULD BE CLARIFIED WHAT PART OF THE PROPERTY IS BEING RENTED.

QUEEN'S MANOR HAS ALWAYS BEEN A SINGLE FAMILY RESIDENCE NEIGHBORHOOD AND TO MY KNOWLEDGE THERE HAVE BEEN NO SHORT- TERM RENTALS BEFORE.

THE CARMEL ORDINANCE ITSELF INDICATES THAT A SPECIAL EXCEPTION IS NOT TO BE CONFERRED -- IT DOES NOT CONFER A RIGHT TO LEASE, SUBLEASE OR OTHERWISE USE A DWELLING AS A SHORT- TERM RESIDENTIAL UNIT WHERE SUCH USE IS NOT OTHERWISE ALLOWED BY APPLICABLE COVENANTS, ADDITIONS OR RESTRICTIONS.

AS I'VE INDICATED IN THIS CASE, THERE ARE COVENANTS THAT WOULD INDICATE THIS RENTAL OF THE PROPERTY IS PROHIBITED.

STATE STATUTES DO NOT PROHIBIT THE PROPERTY RIGHTS GRANTED BY COVENANTS.

A SPECIAL EXCEPTION IS A SHORT- TERM RENTAL CANNOT BE GRANTED IF IT VIOLATES THE QUEEN'S MANOR COVENANTS.

I'VE ATTACHED A COPY OF THE COVENANTS.

THEY INDICATE NO STRUCTURE WILL BE UTILIZED OTHER THAN AS ONE SINGLE FAMILY RESIDENCE. WE HAVE HAD EXPERIENCE IN OUR NEIGHBORHOOD WITH ISSUES SIMILAR TO THIS. THERE SEEMS TO BE -- AND MORE POWER TO EVERYONE WHO WANTS TO BUILD A VERY LARGE HOME, AN ESTATE -- WHAT SEEMS TO HAPPEN IS THEY BUILD THEM AND THEN REALIZE THEY HAVE MORE SPACE THAN THEY REALLY NEED OR KNOW WHAT TO DO WITH. AND WHAT WE SEE IS PEOPLE THEN SAYING, WELL, I WANT TO USE IT FOR ANOTHER PURPOSE, EVEN THOUGH THAT WOULD VIOLATE THE NORMAL ZONING REQUIREMENTS OR COVENANTS.

THAT'S WHAT'S HAPPENED HERE. WE HAD A SIMILAR THING HAPPEN WITH OUR NEIGHBOR FORESTFOREST LUCAS.

HE WAS UTILIZING HIS PROPERTY AS FOR WEDDINGS AND ALL TYPES OF OUTDOOR EVENTS AND, IN FACT, THE CITY OF CARMEL HAD TO FILE SUIT TO FORCE HIM TO STOP THOSE USES.

THERE WERE OUTSIDE PARTIES AND EVENTS --

>> CAN WE STICK TO THIS PETITION?

>> WHAT I'M DOING IS EXPLAINING WHY THESE USES BECOME A PROBLEM.

>> OKAY.

>> IN ANY EVENT --

>> YOUR TIME IS UP, I'M SORRY.

>> ONE MORE COMMENT. I LISTED A NUMBER OF RESTRICTIONS. WE DON'T KNOW HOW THE PROPERTY WILL BE USED ONCE SOMEONE IS ALLOWED TO GO INTO THE APARTMENT.

WE THINK IT IS APPROPRIATE THAT THE RESTRICTIONS I'VE INDICATED AND I'VE SENT A COPY OF THEM TO MR. GORDEN, IF AN EXCEPTION IS GRANTED, THESE TYPE OF RESTRICTIONS THAT WOULDN'T BE NECESSARY ON A SMALL HOME WOULD BE NECESSARY HERE BECAUSE WE DON'T WANT LOUD OUTSIDE MUSIC, WE DON'T WANT TO FIND OUT THAT THE PERSON IT IS RENTED TO IS HAVING A WEDDING OR SIMILAR

THINGS. >> WE WILL GIVE THE PETITIONER A CHANCE TO REBUT YOUR TESTIMONY.

>> THANKS FOR LETTING ME SPEAK. MY NAME IS KEITH CORSON.

>> ALL RIGHT.

I LIVE IN THE ADJACENT PROPERTY TO JACOB GORDEN'S AT 11085. I OWN THE EXACT NEXT DOOR PROPERTY, 11 090. YEARS AGO I LIVED ON THE PROPERTY ON THE OTHER SIDE OF THE VACANT PROPERTY HE BOUGHT FOR FIVE YEARS AND DEALT WITH LUCAS ESTATE AS WELL WITH CARS PULLING IN MY DRIVEWAY, TRYING TO PICK UP PEOPLE. JACOB IS TRYING TO BRING SECURITY TO THE NEIGHBORHOOD, WHICH EVERYONE APPRECIATES. I OWN A SECURITY COMPANY, SO I THE FACT THAT HE'S TRYING TO HAVE CAMERAS IN THE NEIGHBORHOOD. BUT HE'S ALSO TRYING TO BRING IN OUTSIDERS,ED ED ADVERTISE FOR PEOPLE TO DRIVE THROUGH THE NEIGHBORHOOD, LOOK AT MY HOUSE. IT IS A BAD LOOK.

THIS HOUSE IS BIG AND COOL, WHICH IT IS, I'M NOT JEALOUS AT ALL, I JUST DON'T SEE THE POINT OF RENTING OUT YOUR EXTRA SPACE FOR RANDOM PEOPLE TO HAVE PARTIES, MAYBE YOU'RE THERE, THAT'S COOL, I GET THAT. BUT IT IS A BAD LOOK FOR THE NEIGHBORHOOD. AND HE'S ALL ABOUT SECURITY AND WE'RE INVITING RANDOM PEOPLE, OUT OF TOWNERS, DON'T KNOW WHO THEY'RE BRINGING, JUST, YOU KNOW, I'M AGAINST IT. I RESPECT EVERY OWNER.

I GREW UP IN THE NEIGHBORHOOD. MY PARENTS STILL LIVE THERE.

I JUST, YOU KNOW, THE NEIGHBORHOOD IS GREAT HOW IT IS. SOME OF THE NEW OWNERS HAVE MOVED IN AND THEY'RE TRYING TO

[00:25:01]

CHANGE IT. AND, YOU KNOW, I JUST DON'T THINK THEY SHOULD MOVE INTO THE NEIGHBORHOOD IF THEY WANT TO USE IT THAT WAY.

SO, I'M AGAINST IT.

>> I WOULD ASK THE PETITIONER TO ADDRESS THE CONCERNS OF YOUR NEIGHBORS AT THIS TIME, PLEASE, AND COULD YOU DO THAT IN THREE MINUTES? THANK YOU.

>> THEY TECHNICALLY HAVE FIVE PER THE RULES OF PROCEDURE, BUT NOT TRYING TO --

AS MANY OF THE PEOPLE WHO HAVE OBJECTED TO THE PETITION NOTED, MANY, MANY REFERENCES TO ANOTHER NEIGHBOR IN THE NEIGHBORHOOD WHO HAD PARTIES OR WHO IS JUST RIGHT OUTSIDE OF THE NEIGHBORHOOD AND IT IS NOT FAIR TO COMPARE THAT SITUATION TO THIS PETITIONER PETITIONER IS EXPLICITLY STATED THAT THEY WILL LIMIT THE NUMBER OF GUESTS, THEY HAVE ADEQUATE PARKING, THEY'RE NOT PLANNING ON LETTING PARTIES OR EVENTS BE HELD AND IT IS NOT FAIR TO BRING WHAT HAPPENED ON ANOTHER PROPERTY INTO THIS HEARING AND IMBUE THESE TYPE OF INTENTIONS ON TO THE GORDENS. BECAUSE THAT'S NOT WHAT THEY'RE TRYING TO DO. ONE OF THE NEIGHBORS MENTIONED, YOU KNOW, PUTTING SOME RESTRICTIONS IN PLACE.

MANY OF THESE RESTRICTIONS ARE THINGS THAT WERE NOTED IN THE PETITION THAT THEY'RE PLANNING TO DO ANYWAY WITH RESPECT TO, AGAIN, LIMITING THE NUMBER OF GUESTS, WORKING THROUGH THEIR CONNECTIONS TO HAVE F1 FAMILIES COME RENT THE SPACE.

IT IS NOT AN ADDITIONAL BUILDINGBUILDING THAT VIOLATING THE SINGLE FAMILY RESIDENTIAL REQUIREMENT OF THE COVENANTS.

BUT WHO DOESN'T ENJOY RECREATION? IF THEY WANT TO PUT A BASKETBALL COURT ON THEIR PROPERTY, THEY OBVIOUSLY GOT THE AUTHORIZATION TO DO THAT. THAT DOESN'T MAKE IT A VIOLATION OF THE COVENANTS. IT DOESN'T MAKE IT A GUARANTEE THAT THEY'RE GOING TO THROW PARTIES OR WEDDINGS OR EVENTS, AND THEY HAVE EXPLICITLY STATED THAT THEY WON'T IF THEY ARE GIVEN THE OPPORTUNITY TO HAVE A SHORT- TERM RENTAL EXCEPTION.

I WOULD CALL ON THE CITY ATTORNEY TO ADDRESS THE COVENANT QUESTION, IF YOU WOULDN'T MIND, PLEASE?

>> BENJAMIN LAKE, CITY ATTORNEY. SO THE COVENANT ISSUE AT PLAY, WE HAVE IT MENTIONED A COUPLE OF TIMES WITHIN THE UDO.

THIS IS SPECIAL EXCEPTION. THE EXCEPTION PROVIDES CATEGORIES, CRITERIA TO CONSIDER.

ONE OF THEM IS THE RESTRICTED USE AND COVENANTS THAT ARE ON THE LAND.

THAT IS ONE OF THE THINGS THAT AS A HEARING OFFICER YOU CAN CONSIDER.

THE REFERENCE TO THE SPECIAL EXCEPTION IS THAT IT CAN BE GRANTED, NOTWITHSTANDING COVENANTS. BUT THAT DOESN'T NECESSARILY OVERRIDE THE COVENANTS. SO, WHAT THAT MEANS IS IT STILL NEEDS TO BE IN COMPLIANCE WITH THE COVENANTS, BUT THAT REALLY IS A CIVIL MATTER. AND A PRIVATE MATTER BETWEEN THE OWNERS. YOU CAN TAKE IT INTO CONSIDERATION IN YOUR DETERMINATION.

IT IS ONE OF THE CRITERIA THAT IS SET, BUT IT IS ALSO A CIVIL MATTER.

AND IT -- THE SPECIAL EXCEPTION IS APPLICABLE ONLY TO THE EXTENT THAT IT COMPLIES WITH THE COVENANTS.

THIS BRINGS THE PUBLIC HEARING TO A CLOSE.

THE DEPARTMENT REPORT AT THIS TIME, PLEASE?

>> YES, THANK YOU. PLANNING STAFF HAS ALSO REVIEWED THE PETITION AND THE COVENANTS AND THE CITY DOES SEE A RESIDENTIAL SPECIAL EXCEPTION AS JUST THAT, A RESIDENTIAL USE. IT IS NOT CONSIDERED A BUSINESS USE. SO FOR THE SHORT-TERM RESIDENTIA RESIDENTIAL EXCEPTION REQUEST, THEY HAVE NO ISSUES WITH THE PROPERTY OR THE REQUEST.

AND PLANNING STAFF RECOMMENDS CONSIDERATION OF THIS PETITION AND WOULD LIKE TO ALSO NOTE THAT IF ADOPTED, IT WILL BE GRANTED OR VALID FOR ONLY ONE YEAR AND THEN THE PETITIONER WOULD HAVE TO COME BACK AGAIN FOR

[00:30:01]

REAPPROVAL. THANK YOU.

>> THANK YOU. I THINK IT IS IMPORTANT TO REMEMBER THAT THE STUDY HAS CREATED RULES AND REGULATIONS TO ALLOW SHORT- TERM RENTAL.

AND AS A BOARD OF ZONING APPEALS, WE HAVE TO SEE TO IT THAT THEY HAVE ABIDED BY THE REGULATIONS AND THE REQUIREMENTS IN ORDER TO RECEIVE FAVORABLE DETERMINATION ON THEIR PETITION. SO IF YOU HAVE A PROBLEM WITH THE -- WITH THE ORDINANCE ITSELF, THAT'S SOMETHING ELSE THAT YOU MAY HAVE TO TAKE UP WITH YOUR CITY COUNCIL OR MAYOR OR WHOEVER. BUT AS FAR AS THE BOARD OF ZONING APPEALS, WE HAVE TO STICK TO THE RULES AND REGULATIONS THAT ARE SET FORTH THAT WOULD ALLOW A SHORT- TERM RENTAL. AND IN THIS CASE, THIS PETITION, THE DEPARTMENT HAS EXAMINED ALL THE REQUIREMENTS THAT THIS PETITIONER HAS FULFILLED.

IT HAS GONE THROUGH RIGOROUS CHECKS AND BALANCES AND REVIEWS WITH THE DEPARTMENT OF COMMUNITY SERVICES, WITH ENGINEERING DEPARTMENT.

SO, I CAN READ HERE TO YOU THAT ALL PLANNING AND ZONING REVIEW COMMENTS HAVE BEEN ADDRESSED. THE CARMEL CODE ENFORCEMENT DEPARTMENT HAS NO ISSUES WITH THIS REQUEST.

THERE ARE FINDINGS OF FACT ATTACHED.

THE DEPARTMENT OF COMMUNITY SERVICES RECOMMENDS CONSIDERATION AND ADOPTION OF THE FINDING OF FACTS.

AND JUST TO REMIND THE PETITIONER, THIS IS ONLY GOOD -- VALID FOR ONE YEAR. SO YOU NEED TO BE ON YOUR BEST BEHAVIOR OR ELSE YOUR NEIGHBORS WILL COME AND TELL US THAT YOU HAVEN'T BEEN.

WITH THAT SAID, I WILL APPROVE THE PETITION.

[C. (SE) Kedanis Short Term Residential Rental Renewal.]

THANK YOU. NEXT PETITIONER IS KEDANIS SHORT- TERM RESIDENTIAL RENTAL DOCKET NUMBER PZ-2025-00057 SE.

>> YES, MIKE KEDANIS, HUSBAND OF KAREN KEDANIS, AND HERE JUST FOR RENEWAL.

WE HAD NO COMPLAINTS. NO ISSUES.

AND JUST SEEKING A RENEWAL OF THE SHORT- TERM RENTAL EXCEPTION.

>> SHORT AND SWEET, YOU MEAN?

>> YES.

>> THANK YOU. ARE THERE ANY WHO WOULD LIKE TO SPEAK IN SUPPORT OF THIS PETITIONER? SEEING NONE. ANYONE OPPOSED? OH, I'M SORRY. IN SUPPORT? OKAY.

>> MY NAME IS MARTY KERRY. I LIVE AT 121 BEECHMONT DRIVE, NEXT DOOR TO THE KEDANIS. WE HAVE BEEN IN OUR HOME FOR TEN YEARS. WE NEVER HAD ANY PROBLEM WITH ANYBODY WHO RENTS THE PLACE.

THEY HAVE ONE LONG- TERM RENTAL PERSON THAT I KNOW OF.

I DON'T KNOW WHO ALL THESE OTHER PEOPLE ARE, BUT APPARENTLY THEY VET THEM VERY CAREFULLY.

FOR THE PAST I DON'T KNOW HOW MANY YEARS, JILL BURNS HAS RENTED THE PROPERTY AND HE'S VERY RESPECTFUL.

I NEVER HAD ANY COMPLAINTS ABOUT ANYBODY THERE. AND IF THERE IS ANY UNTOWARDS BEHAVIOR, WE WILL IMMEDIATELY NOTIFY THEM.

>> OKAY.

>> SO THANK YOU VERY MUCH, SIR.

>> THANK YOU. IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN OPPOSITION TO THIS PETITION? SEEING NONE. THE DEPARTMENT REPORT, PLEASE.

>> THANK YOU. THE PETITIONER SEEKS RENEWAL OF THEIR SPECIAL SHORT- TERM -- SPECIAL EXCEPTION REQUEST FOR A SHORT- TERM RESIDENTIAL RENTAL FOR THE UNIFIED DEVELOPMENT ORDINANCE AND APPLICATION FOR THE RENEWAL AFTER A SPECIAL EXCEPTION GENERALLY ENTITLED TO A FAVORABLE CONSIDERATION.

STAFF CONSULTED AGAIN WITH THE CODE ENFORCEMENT DEPARTMENT ANDAND THEY HAVE NOT HAD ANY COMPLAINTS OR VIOLATIONS IN THE PAST YEAR.

SO WITH THAT BEING SAID, PLANNING STAFF DOES RECOMMEND APPROVALOF THE RENEWAL REQUEST.

>> THANK YOU. SO ONCE AGAIN, THIS IS A RENEWAL APPROVAL. AND IT IS ONLY VALID FOR ONE YEAR AS WELL. THE PETITIONER HAS ADDRESSED ALL PLANNING AND ZONING REVIEW COMMENTS.

[00:35:03]

THEY HAVE INCLUDED FINDINGS OFOF FACT, CODE ENFORCEMENT DEPARTMENT DOES NOT HAVE ANY COMPLAINTS OR VIOLATIONS FOR THIS DURING THE LAST YEAR.

THE DEPARTMENT RECOMMENDS CONSIDERATION AND I APPROVE IT. THANK YOU.

[C. (V) Reeder Pool House Variance.]

>> REEDER POOL HOUSE VARIANCE. THE DOCKET NUMBER PZ-2025-00058 V.

>> IF I MAY JUST FOR THE RECORD, JUST TO CLARIFY, THE APPROVALS UNDER ONE AND TWO, WERE THEY BOTH APPROVING WITH THE FINDING OF FACTS SUBMITTED?

>> YES.

REEDER -- >> THERE YOU GO.

>> IS THAT OKAY? OKAY.

PLEASE.

>> HI. I'M JORDAN

>> I'M NORMA REEDER, OWNER OF PROPERTY LOCATED AT 10819 DITCH ROAD. CURRENTLY THE MAXIMUM ALLOWABLE HEIGHT FOR ACCESSORY BUILDINGS IS 18 FEET AND WE ARE REQUESTING AN INCREASE OF ONLY 3 FEET.

WE ARE REQUESTING THIS HEIGHT VARIANCE TO MAINTAIN THE ARCHITECTURAL CONTINUITY OF THE EXISTING HISTORIC HOME. THE PRIMARY DWELLING OUR HOME IS A VICTORIAN FARMHOUSE BUILT IN 1880 AND FEATURES A DISTINCTIVE 1212 PITCH ROOF WHICH IS A DEFINING ELEMENT OF ITS HISTORIC CHARACTER.

THE VARIANCE IS NECESSARY TO REPLICATE THIS ROOF PITCH ON THE PROPOSED ACCESSORY BUILDING ENSURING THE NEW STRUCTURE COMPLEMENTS THE HOME AND PRESERVES THE PROPERTY'S AESTHETIC INTEGRITY.

WITHOUT THE FLEXIBILITY, THE ACCESSORY BUILDING WOULD BE PUT OUT OF SCALE AND VISUALLY INCOMPATIBLE WITH THE EXISTING HOME, GRANTING THE HEIGHT VARIANCE WILL HELP PRESERVE THE ARCHITECTURAL INTEGRITY OF THE PROPERTY AND CONTRIBUTE POSITIVELY TO THE SURROUNDING AREA AND I MIGHT ADD THAT THE ACCESSORY BUILDING WILL NOT HAVE, LIKE, AN ADVERSE IMPACT ON THE SURROUNDING AREA AS IT HAS BEEN DESIGNED IN FULL CONFORMITY WITH ARCHITECTURAL STYLE AND CHARACTER OF THE EXISTING HOME.

THE DESIGN AND PLACEMENT ENSURE THAT IT BLENDS SEAMLESSLY INTO THE PROPERTY RATHER THAN DETRACTING BY NEARBY PROPERTIES, ACCESSORY BUILDING IS EXPECTED TO HAVE A POSITIVE IMPACT ON BOTH THE USE AND VALUE OF THE SURROUNDING HOMES BY ENHANCING THE OVERALL APPEARANCE AND FUNCTIONALITY OF THE PROPERTY.

>> THANK YOU. BY THE WAY, DID A VERY NICE JOB COMPLEMENTING THE OLD STRUCTURE, VERY

NICE. >> THANK YOU.

I WANT IT TO LOOK LIKE IT ALWAYS HAS BEEN THERE.

>> OKAY. IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN SUPPORT OF THIS PETITION? SEEING NONE. ANYONE OPPOSED? SEEING NONE. THANK YOU.

THE DEPARTMENT REPORT, PLEASE.

>> THANK YOU. THE PETITIONER DID A GOOD JOB OF EXPLAINING THE REQUEST. THE VARIANCE REQUEST IS FOR THREE FEET OF HEIGHT. I WOULD LIKE TO ADD THAT THE POOL HOUSE WOULD BE LOCATED OVER 150 FEET FROM ANY SIDE OR REAR PROPERTY LINE SO THERE IS AMPLE SETBACK. WITH THAT BEING SAID, PLANNING STAFF DOES RECOMMEND POSITIVE OF THIS VARIANCE AS WELL AS THE ADOPTION OF THE FINDINGS OF FACT. THANK YOU.

>> THANK YOU. THE PETITIONER HAS ADDRESSED ALL PLANNING AND ZONING REVIEW COMMENTS.

THE DEPARTMENT SUPPORTS THE VARIANCE REQUEST.

THE DESIGN COMPLEMENTS THE EXISTING 1880 HOUSE AND WE HAVE A PETITIONER'S FINDINGS OF FACT INCLUDED. THE DEPARTMENT RECOMMENDS POSITIVE CONSIDERATION AND SO DO I. APPROVED.

[C. (SE) Dooley Short Term Residential Rental Renewal. ]

NEXT ONE IS DOOLEY SHORT- TERM RESIDENTIAL RENTAL RENEWAL.

DOCKET NUMBER PZ-2025- 00059 SE.

>> HI, MY NAME IS SARAH DOOLEY, I LIVE AT 412 OAK DRIVE IN CARMEL.

LAST YEAR I DID THE AIRBNB AS A NECESSITY.

I OWN A RECRUITING COMPANY, WHICH WAS SIGNIFICANTLY IMPACTED, YEAR FOUR OF THE BUSINESS IN JULY.

THAT SAY BUSINESS THAT OPERATES FULLY REMOTELY SO THERE IS NOBODY COMING TO AND FROM THE PROPERTY. THAT BUSINESS I EMPLOY THREE PART- TIME WOMEN, TWO ARE WORKING MOMS, SO BY YOUR APPROVAL OF THE AIRBNB FOR LAST YEAR, IT

[00:40:02]

MEANT THAT I COULD FORGO PAYING MYSELF AND I KEPT MY TEAM DURING A TOUGH SEASON. BECAUSE OF YOUR APPROVAL I'VE BEEN ABLE TO ACTUALLY PROMOTE AND GROW THEM, BUT I ALSO HAVE REALLY COME TO LOVE A SERVICE TO THE CITY OF CARMEL. SO MANY MY PACKET YOU'LL SEE SEVERAL POSITIVE REVIEWS WHICH KNOW NOTATE SMALL BUSINESSES, WE HAVE COUPONS WITH SEVERAL OF THOSE BUSINESSES, WE HAVE UPDATED AND HAVE A BINDER IN THE HOME THAT TALKS ABOUT, YOU KNOW, NO SMOKING, NO PARTIES, NO NOISE AND ALSO DO A THOROUGH BACKGROUND CHECK AND ONBOARDING WHICH I HAD MY LAWYER UPDATE AND ADD.

I -- LET ME LOOK AT MY NOTES. I'M SORRY.

IT HAS BEEN A DAY. SO, AGAIN, LAST YEAR THIS WAS A NECESSITY TO ME. AGAIN, IT HAS BEEN A LOT OF FUN TO HEAR POSITIVE NOTES FROM MENTORS OF THE PROPERTY.

LET ME SEE HERE. THIS YEAR, AGAIN, BECAUSE MY OTHER BUSINESS REBOUNDED AND SURVIVED THE REVENUE FROM THE PROPERTY WILL GO TO ADDING A PRIVACY FENCE, SO HOPEFULLY YOU'LL SEE ME AGAIN HERE SOON. WE'RE GOING TO UPDATE THE SECURITY SYSTEM, AND THEN UPDATE THE LANDSCAPING BECAUSE, AGAIN, YOU KNOW, YOU GUYS HELPED ME SURVIVE AS A SMALL BUSINESS AND I KNOW THAT, YOU KNOW, JUST GREAT TO PERSONALLY SUPPORT OTHER SMALL BUSINESSES IN THE AREA.

SOMETHING ELSE THAT IS REALLY IMPORTANT TO ME IS WE PLAN TO MAX OUT THE CHARITABLE GIVING TO CARMEL- BASED ENTITIES AND THAT'S SOMETHING THAT I DO THROUGH MY PRIMARY BUSINESS.

THAT IS PEOPLE THAT HAVE ATTENDED OR CARMEL CITY MARATHON, WE HAVE SEVERAL PEOPLE THAT COME TO THE CHRISTMAS MARKET, AND, AGAIN, BECAUSE OF THE PROXIMITY TO MIDTOWN AND DOWNTOWN CARMEL, A LOT OF GUESTS COME IN FOR THAT, WE'RE ALSO WEDDINGS.

AND THAT'S REALLY ALL I HAVE. IF YOU WANT TO SEE THE BINDER, I'M HAPPY TO SHARE THAT AS WELL.

I KNOW WE UPDATED THAT AFTER I THINK THE ORIGINAL WAS SUBMITTED.

>> SURE. THANK YOU.

YOU WANT THIS BACK?

>> YES.

>> OKAY. IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN SUPPORT OF THIS PETITION? ANYONE OPPOSED? PLEASE COME UP.

>> HI.

>> FIVE MINUTES.

>> NO PROBLEM. MY NAME IS NANCY MYER.

I LIVE AT 744 COLLEGE WAY. I WAS HERE LAST YEAR TO SPEAK AGAINST IT AND SO WERE OTHER NEIGHBORS, BUT UNFORTUNATELY WE DID NOT HAVE THE PROPER TIMING OF IT. SO I'M SPEAKING FOR A COUPLE OF THEM AS WELL. WE ARE CONCERNED BECAUSE WE LIVE RIGHT BY CARMEL MIDDLE CHOOL AND THE BUS STOP IS A THE CORNER OF CARMEL -- OAK DRIVE AND COLLEGE WAY. I WOULD LIKE TO KNOW HOW MANY POLICE REPORTS HAVE BEEN FOR THAT, BECAUSE I HAD TO CALL THE POLICE SEVERAL TIMES DUE TO LOOSE DOGS THAT HAVE COME INTO OUR YARDS.

WE HAVE YOUNG CHILDREN. THERE ARE MIDDLE SCHOOLCHILDREN, THERE ARE ADULTS THAT ARE WALKING THROUGHOUT THE AREA AND IT HAS BEEN DANGEROUS AT TIMES. MY DAUGHTER AND I WENT OUT, FOR INSTANCE, TO GO DELIVER GIRL SCOUT COOKIES AND TO RUN BACK IN BECAUSE OF THREE LARGE DOGS AND WE HAVE VIDEO AS THEY WERE GOING THROUGH -- THEY WERE COMING TOWARD US.

THEIR ONE NEIGHBOR IN PARTICULAR CALLED TWICE AND ANOTHER NEIGHBOR CALLED FOUR TIMES DUE TO ANIMALS THAT -- ANIMALS THAT ARE LOOSE IN THE AREA.

THE HOME IS POSTED AS A PET FRIENDLY ONE.

AND THE QUESTION TOO IS THAT I BELIEVE THAT IT HAS BEEN STATED THAT THE PERSON RESIDES AT THE HOUSE, AND IN THE REVIEWS IT SAYS THE PERSON IS NO LONGER LIVING THERE. SO, LAST YEAR THE TIME IT WAS SUPPOSED TO BE RENTED FOR TWO WEEKENDS A MONTH, BUT IT SHOWS IT IS A RARE FIND, ALWAYS BOOKED, AND THAT THE PERSON NO LONGER LIVES THERE. WE ARE SO CONCERNED ABOUT TRANSIENT PEOPLE COMING IN BECAUSE IF A CHILD OR ADULT IS ATTACKED BY A DOG, HOW DO WE GET ANY RECORD? IMMUNIZATIONS? THESE THREE DOGS WERE VERY LARGE IN PARTICULAR IN THIS SITUATION. THEY WERE UNCOLLARED.

THE PERSON THAT WENT THROUGH ALMOST JUMPED A STOP SIGN. WHAT ABOUT THE KIDS THAT MIGHT BE ON BIKES, ON SCOOTERS.

WE ARE IN A SCHOOL AREA. THAT'S OUR CONCERN RIGHT THERE.

THERE HAVE BEEN RVS PARKED ALONG THE STREET, HALLOWEEN, SEVERAL NEIGHBORS YELLED AT A CAR SPEEDING IN THERE.

I THINK THERE IS SECURITY FOOTAGE, A RING CAMERA, YOU COULD PULL THE VIDEO ABOUT THAT, THERE WERE PEOPLE WALKING THROUGHOUT THAT AREA.

LET'S SEE, IT IS JUST THE BASCALLY THE BIGGEST CONCERN IS, WITH ALL THE ANIMALS THAT HAVE COME OUT, THEY HAVE BEEN LOOSE, AND THE MULTIPLE CALLS.

WE WANT TO MAKE SURE OUR KIDS AND THE RESIDENTS IN THE NEIGHBORHOOD ARE SAFE. LET'S SEE.

I MEAN, WE COULD LOOK AT MAYBE THE RENTAL RECORDS COULD

[00:45:03]

SHOW. BECAUSE WHEN IT WAS PASSED LAST YEAR, IT WAS TWO WEEKENDS A MONTH, THERE ARE PEOPLE, CARS ALL THE TIME THERE. IT IS MORE THAN TWO WEEKENDS A MONTH. SO THAT IS OUR CONCERN AS WELL.

LET'S SEE. LAST YEAR THERE WAS A COMMENT ABOUT OTHER AIRBNBS IN THE NEIGHBORHOOD, WE CHECKED OUR RECORDS FROM OUR RESEARCH, IN ANOTHER SUBDIVISION BUT NOT IN OUR SUBDIVISION.

THAT IS OUR CONCERN FOR THE NUMBER OF KIDS IN THE NEIGHBORHOOD AND THE RESIDENT WALKERS FOR THE SAFETY, WITH THE SPEEDERS, THE RVS AND BEING PROMOTED AS A PET FRIENDLY PLACE WHERE WE CANNOT, IF SOMETHING HAPPENS, HOW ARE WE GOING TO BE TO FIND OUT ANY RECORDS TO MAKE SURE OUR KIDS ARE SAFE.

>> THANK YOU. WOULD THE PETITIONER PLEASE ADDRESS CONCERNS OF YOUR NEIGHBOR?

>> I ACTUALLY WAS THE PERSON RESIDING AT THE PROPERTY FOR ALL OF THE COMPLAINTS. I WENT THROUGH AN EXTREMELY ROUGH BREAKUP AND HOUSE SWAPPED WITH A FRIEND, THE THREE DOGS IN QUESTION WERE ACTUALLY NOT THROUGH THE AIRBNB, THEY WERE FOR ME, I WAS AT THE PROPERTY FOR HALLOWEEN SO WHAT SHE'S COMPLAINING ABOUT IS MYSELF. I WENT THROUGH A TOXIC BREAKUP WITH A PARTNER, AND BECAUSE OF THAT I SPENT A LOT OF TIME AT MY PARENT'S HOUSE.

I HAVE THE PROPERTY AS MY PRIMARY ADDRESS.

I AM CURRENTLY AT THE PROPERTY. MY VEHICLE IS THERE.

SO EVERYTHING THAT SHE COMPLAINED ABOUT IS ACTUALLY MYSELF AND EVERYTHING IN QUESTION WAS ME.

AGAIN, ADDING THE PRIVACYPRIVACY WILL REMEDIATE ANY ADDITIONAL CONCERNS ABOUT THE DOG, BUT THE DOGS IN QUESTION WERE MY PERSONAL FRIEND WHO WAS STAYING WITH ME FOR SAFETY PURPOSES DURING A ROUGH BREAKUP.

>> THANK YOU. I'M SORRY, THAT'S ALL THE TIME WE CAN AFFORD. THE PUBLIC HEARING COMES TO AN END.

>> YOU'RE GOING TO NEED THE MICROPHONE.

>> ALSO IN REGARD TO THE COMMENT ON THE CAMPER, THERE IS A CAMPER THAT HAS BEEN PARKED IN THE THREE YEARS THAT I LIVED THERE ON THE CORNER OF COLLEGE AND OAK DRIVE.

SO CAMPERS AT MY PROPERTY WON'T DETER OR AFFECT.

AND THERE ARE OTHER PROPERTIES FOR AIRBNB IN THE NEIGHBORHOOD. THERE IS TWO ON THE FAR EDGE OF THE PROPERTY AND THEN I'VE ACTUALLY STAYED IN A BULK OF THEM AND I LIKE TO COMPARE MYSELF TO THE COMPETITION. AND SO I THINK THE VALUE THAT WE PROVIDE TO RESIDENTS COMING INTO THE PROPERTY IS A LOT OF THOSE PROPERTIES ARE OWNED BY PROPERTY MANAGEMENT COMPANIES AND THEY THINK THEY DON'T CARE.

SO GUESTS COMING INTO THE CITY OF CARMEL, HAVING A HOST THAT TRULY SUPPORTS OTHER SMALL BUSINESSES, AND A HOST THAT LOOKS AT, YOU KNOW, HOW CAN I, YOU KNOW, MAKE SURE IT IS A GOOD EXPERIENCE BECAUSE IF I'M COMING IN FOR THE CARMEL MARATHON OR COMING IN FOR AN EVENT, I DON'T HAVE A POSITIVE EXPERIENCE, I WON'T COME BACK.

BUT IF I HAD A POSITIVE EXPERIENCE, SEVERAL OF MY GUESTS THAT HAVE COME THIS YEAR ARE REPEAT GUESTS SO WE HAD PEOPLE COMING BACK FOR THE CARMEL MARATHON, WE HAD SEVERAL WEDDINGS THAT HAD A POSITIVE EXPERIENCE THAT ARE COMING BACK INTO TOWN, SO THAT'S ALL. THANK YOU.

>> THANK YOU. THE DEPARTMENT REPORT, PLEASE.

>> THANK YOU. THIS REQUEST IS ALSO FOR A RENEWAL OF A SHORT-TERM RESIDENTIAL RENTAL.

AGAIN, PER THE UNIFIED DEVELOPMENT ORDINANCE, AN APPLICATION FOR THE RENEWAL OF SPECIAL EXCEPTION SHALL GENERALLY BE ENTITLED TO FAVORABLE CONSIDERATION. PLANNING STAFF HAS ALSO CONSULTED WITH THE CARMEL CODE ENFORCEMENT DEPARTMENT AND THEY LET US KNOW THAT THEY HAVE NOT RECEIVED ANY COMPLAINTS ABOUT THIS PROPERTY IN THE PAST YEAR. REGARDING THE POLICE REPORTS, WE DID NOT ASK THE POLICE DEPARTMENT ABOUT THAT.

WE CAN IF WE HAVE TO. BUT OTHER THAN THAT, PLANNING STAFF DOES RECOMMEND APPROVAL OF THIS RENEWAL REQUEST AND ALSO THE ADOPTION OF THE FINDINGS OF FACT. THANK YOU.

YEAH. AS A REMINDER, THIS IS A RENEWAL AND ONLY GOOD FOR ONE YEAR. YOU'RE AWARE OF THAT, RIGHT? THE PETITIONER HAS ADDRESSED ALL PLANNING AND ZONING REVIEW COMMENTS. THE CODE ENFORCEMENT DEPARTMENT HAS NOT RECEIVED ANY COMPLAINTS ABOUT THIS PROPERTY. SO IF THERE WERE ANY COMPLAINTS, I THINK THEY SHOULD HAVE GONE TO THE POLICE DEPARTMENT. BUT THERE IS NO -- APPARENTLY NO RECORD OF ANY COMPLAINTS.

PETITIONER'S FINDINGS OF FACT ARE INCLUDED.

THE DEPARTMENT RECOMMENDS CONSIDERATION AND I APPROVE THE PETITION. NEXT ONE IS 1 SOURCE BANKBANK

[C. (V) 1st Source Bank Sign Variance. ]

[00:50:03]

VARIANCE, PZ-2025- 00060 V.

>> GOOD EVENING AND THANK YOU FOR THE OPPORTUNITY TO PRESENT THIS REQUEST FOR 1ST SOURCE BANK. I AM STEVE DEPOSITAR, THE PRESIDENT OWN OWNER OF ARTART SIGN CO.

I'M HERE WITH STEVEN BUSH, THE ASSISTANT VICE PRESIDENT PROJECT MANAGER OF 1ST SOURCE BANK, HEADQUARTERED IN SOUTH BEND, INDIANA. 1ST SOURCE BANK IS THE OWNER OF THE FOLLOWING DESCRIBED REAL ESTATE LOCATED WITHIN THE COUNTY OF HAMILTON, INDIANA DESCRIBED AS 10570 NORTH MICHIGAN ROAD CARMEL, INDIANA, D I- 1, PROPERTY USE FULL SERVICE BANK. WE'RE HERE THIS EVENING TO REQUEST YOUR SUPPORT FOR APPROVAL FOR THE INSTALLATION OF A MONUMENT SIGN AT OUR NEW LOCATION ON NORTH MICHIGAN ROAD.

AS A RECENTLY ESTABLISHED BUSINESS IN THIS COMMUNITY, WE ENCOUNTER SIGNIFICANT CHALLENGES AND IN PROMOTING OUR SERVICES AND EFFECTIVELY ENHANCING OUR VISIBILITY. ONE SUBSTANTIAL OBSTACLE WE HAVE IDENTIFIED IS THE BUILDING'S ACCESS. CUSTOMERS TRAVELING NORTHBOUND MUST BACK TRACK TO NAVIGATE THE ENTIRE NORTHWEST COMPLEX TO REACH OUR ENTRANCE. THIS DIVIDED ROAD WITH THE MEDIAN SEVERELY RESTRICTS ACCESS AND COMPLICATES WAY FINDING. THE REQUIREMENT TO ACCESS FROM THE SOUTHBOUND DIRECTION COUPLED WITH THE PRESENCE OF MATURE TREES NECESSITATES A MONUMENT TYPE SIGN.

SUCH SIGNS ARE ESSENTIAL FOR ESTABLISHING A CLEAR LOCATION POINT FOR CUSTOMERS SEEKING OUR SERVICES. THE INSTALLATION OF THE MONUMENT SIGN WILL SIGNIFICANTLY IMPROVE SITE IDENTIFICATION FOR BOTH NORTHBOUND AND SOUTHBOUND TRAFFIC. IT WILL ALSO CLEARLY INDICATE THE APPROPRIATE TURN FOR CUSTOMERS WHO NEED TO BACK TRACK, MINIMIZING THE RISK OF THEM MISSING THE ENTRANCE.

OUR FACILITY SITUATED ON A PRIVATE STREET IS SUBJECT TO DIFFERENT ZONING REGULATIONS COMPARED TO NEIGHBORING BUSINESSES ON PUBLIC STREETS.

WHILE BUSINESSES ON PUBLIC STREETS CAN UTILIZE LARGER, MORE VISIBLE SIGNAGE, OUR RESTRICTIONS PREVENT US FROM EMPLOYING SIMILAR STRATEGIES. THIS DISPARITY PLACES US AT A CONSIDERABLE DISADVANTAGE, LIMITING OUR ABILITY TO REACH POTENTIAL CLIENTS WHO MAY BE UNAWARE OF OUR LOCATION. AS WE STRIVE TO INTERDPRAT GRATE INTO THE COMMUNITY, IDENTIFICATION IS PARAMOUNT. A MONUMENT SIGN WOULD NOT ONLY DISTINGUISH 1ST SOURCE BANK, BUT ALSO COMMUNICATE OUR COMMITMENT TO SERVING THE COMMUNITY MORE EFFECTIVELY. WE BELIEVE THAT THE MONUMENT SIGN WILL ALLEVIATE TRAFFIC CONFUSION AND ENHANCE OUR OUTREACH EFFORTS, ATTRACT MORE CUSTOMERS AND CONTRIBUTE POSITIVELY TO THE LOCAL ECONOMY. WE HAVE PROVIDED A RENDERING OF THE SITE PLAN SHOWING THE PROPOSED LOCATION.

THE SIGN WILL BE POSITIONED TO ENSURE CLEAR VISIBILITY AND WILL COMPLY WITH ALL LOCAL REQUIREMENTS.

AS PRESENTED, THE APPROVAL OF THIS VARIANCE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH BECAUSE THE REQUESTED SIGN WOULD BE PLACED IN A LOCATION THAT IS NOT VISIBLY OR PHYSICALLY OBSTRUCTIVE.

THE SIGN WILL NOT CREATE ANY OBSTACLE AND WILL HELP PATRONS IDENTIFY AND WAY FIND THE COMPLEX. THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE THE REQUESTED ADDITION WILL ADD VALUE TO THE PREMISE AND ADJACENT PROPERTIES BY VISUALLY COMMUNICATING IMPORTANT INFORMATION.

THE STRICT APPLICATIONS OF THE UNIFIED DEVELOPMENT TO THE PROPERTY WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERT BECAUSE THE MEDIAN ON MICHIGAN STREET RESTRICTS ACCESS VISIBLY AND PHYSICALLY. TRAFFIC WILL NEED TO PASS THE ENTRANCE ENTIRELY TO NAVIGATE

[00:55:02]

THE NORTHWEST COMPLEX. WE RESPECTFULLY REQUEST YOUR FAVORABLE CONSIDERATION OF OUR REQUEST TO INSTALL A MONUMENT SIGN.

THANK YOU FOR YOUR TIME AND

CONSIDERATION. >> THANK YOU.

IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN SUPPORT OF THE PETITION? SEEING NONE.

ANYONE OPPOSED? SEEING NONE.

THANK YOU. DEPARTMENT'S REPORT, PLEASE.

>> THANK YOU. CURRENTLY THE SITE HAS A WALL SIGN AND THE PETITIONER'S REQUESTING AN ADDITIONAL SIGN WHICH WOULD BE A GROUND SIGN. THE GROUND SIGN WOULD BE A TERRA COTTA COLOR. WE NOTED IN THE STAFF REPORT IT WOULD BE BLACK, BUT IT IS ACTUALLY TERRA COTTA.

ALSO THE SITE WOULD BE -- THE SIGN WOULD BE 6 FEET TALL AND APPROXIMATELY 29 SQUARE FEET IN AREA.

REGARDING THE FINAL STAFF COMMENTS, WE DID HAVE A COMMENT ABOUT THE LANDSCAPE PLAN COMPLIANCE. SINCE THE WRITING OF THE STAFF REPORT, THAT HAS BEEN COMPLETED. SO THAT'S NO LONGER -- A CONDITION OF APPROVAL. SO PLANNING STAFF DOES RECOMMEND POSITIVE CONSIDERATION OF THIS VARIANCE REQUEST WITH ADDRESSING THE REMAINING REVIEW COMMENTS AND PROJECT DOCS AND ALSO THE ADOPTION OF THE FINDINGS OF FACT. THANK YOU.

>> OKAY. YOU ARE AWARE THAT THERE ARE COMMENTS REGARDING LANDSCAPING

COMPLIANCE? >>

YES. >> YOU'RE AWARE OF

THAT. >> WE ADDRESSED THOSE.

WE ARE IN COMPLIANCE.

>> YOU WANTED TWO SIGNS, YOU GOT THEM.

>> OKAY. NEXT IS LAMBERT LOT COVER VARIANCE, DOCKET NUMBER PZ-2025-00061 V.

[C. (V) Lambert Lot Cover Variance.]

>> GOOD EVENING.

>> I'M CORY BROOKS. I'M HERE ON BEHALF OF OUR CUSTOMERS ASKING FOR THE VARIANCE. CURRENTLY WE HAVE 200 SQUARE FOOT OF SWIMMING POOL AND OUR APPROVAL FOR THE POOL. WE'RE ASKING THE COURTS FOR ANOTHER 1300 SQUARE FOOT TO HAVE SOME OUTDOOR LIVING SPACE AT THE RESIDENCE.

WE HAVE DONE EVERYTHING YOU ASKED, WE GOT OUR MAILERS FOR ALL THE NEIGHBORS, WE HAD A SIGN OUT FRONT.

SO WE'RE JUST ASKING IF WE CAN GET THAT APPROVED.

AND SEE WHERE WE GO FROM THERE.

>> GREAT. THAT'S IT.

>> THAT'S IT.

ANYONE IN SUPPORT OF THIS PETITION WOULD LIKE TO SPEAK? NO. ANYONE OPPOSED? SEEING NONE. THANK YOU.

DEPARTMENT'S REPORT, PLEASE.

>> THANK YOU. THE PETITIONER REQUESTS A VARIANCE FOR LOT COVERAGE INCREASE OF 13%.

PLANNING STAFF HAS NO ISSUES WITH THIS.

AND THE CARMEL ENGINEERING DEPARTMENT HAS SIGNED OFF ON THIS REQUEST AS WELL.

WITH THAT BEING SAID, PLANNING STAFF DOES RECOMMEND POSITIVE CONSIDERATION OF THE VARIANCE ALONG WITH THE ADOPTION OF THE FINDINGS OF FACT.

THANK YOU. JACQUIE'S CATERING PARKING VARIANCE DOCKET NUMBER PZ-2025-00062 V.

>> THANK YOU. APPROVED.

[C. (V) Jacquie's Catering Parking Variance]

>> YES, MY NAME IS BILL TERRY WITH WEIHE ENGINEERS.

WE'RE HERE, THE ADDRESS OF THE SITE IS 4306 WEST 96TH STREET. WE'RE HERE BECAUSE OF THE PARKING VARIANCE THAT WEIHE HAS REQUIRED. IT REQUIRES 46 PARKING SPACES FOR THE SITE. WE COULD ONLY GET 20 SPACES ON, OR SF 16 SPACES ON THE SITE. WE DO HAVE THE SIGNED -- I DON'T THINK YOU HAVE IT RECORDED YET, BUT IT IS AGREED UPON WITH PLANNING THE ACCESS AGREEMENT TO THE NORTH.

AND BASICALLY THAT'S IT IN A NUT SHELL.

WE'RE HERE BECAUSE OF THE FIRE AND WHAT HAPPENED TO JACQUIE'S, RIGHT UP THE STREET.

>> BECAUSE IT IS A CATERING BUSINESS, YOU DON'T EXPECT A LOT OF CUSTOMERS BEING PARKING THERE IN YOUR --

>> NO. IF YOU GO THERE, IT IS A PRE -- YOU SET UP A SCHEDULE AND IT IS NO CAFE THERE AT ALL.

>> ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE. ANYONE OPPOSED? SEEING NONE. THANK YOU.

THE DEPARTMENT'S REPORT, PLEASE.

>> THANK YOU. AS A PETITIONER STATED, THEY WILL NOT BE HOSTING ANY CATERED EVENTS AT THIS LOCATION. IT IS MOSTLY FOR STAFF TO PARK AND THEN FOR CLIENTS WHO HAVE APPOINTMENTS FOR TASTINGS. THAT BEING SAID, PLANNING STAFF DOES RECOMMEND POSITIVE CONSIDERATION OF THIS

[01:00:02]

VARIANCE REQUEST WITH THE CONDITION OF THE PETITIONER PROVIDING STAFF A COPY OF THE EXECUTED AND RECORDED ACCESS EASEMENT AGREEMENT WITHIN 30 DAYS.

AND ALSO WITH THE ADOPTION OF THE FINDINGS OF FACT.

OKAY. YOUR PETITION IS APPROVED.

>> WELL SAID. THANK YOU.

[C. (SE) Ellis Short Term Residential Rental Renewal]

>> THANK YOU, SIR.

>> NEXT ONE IS ELLIS SHORT- TERM RESIDENTIAL RENTAL RENEWAL.

THAT'S DOCKET NUMBER PZ-2025-00067 SE.

>> GOOD EVENING.

>> JAMES ELLIS, 10662 NORTH BROADWAY AVENUE.

REQUESTING RENEWAL OF ONE YEAR RENEWAL OF MY PERMISSION TO ALLOW SHORT- TERM RENTAL IN THE DUPLEX UNIT ADJACENT TO WHERE I LIVE.

>> YOU DON'T HAVE ANY COMPLAINTS FROM YOUR NEIGHBORS LAST YEAR?

>> NOT THAT I'M AWARE OF, NO.

WOULD ANYONE LIKE TO SPEAK IN SUPPORT OF THIS PETITION? SEEING NONE. ANYONE OPPOSED? THANK YOU. PLEASE BE SEATED.

THE DEPARTMENT'S REPORT, PLEASE.

>> THANK YOU. THIS IS ALSO A RENEWAL REQUEST FOR A SHORT- TERM RESIDENTIAL RENTAL.

AGAIN, I'D LIKE TO REITERATE THAT THE UNIFIED DEVELOPMENT ORDINANCE ALLOWS FOR RENEWAL APPLICATION TO GENERALLY BE ENTITLED TO A FAVORABLE CONSIDERATION.

PLANNING STAFF ALSO CONSULTED WITH THE CODE ENFORCEMENT DEPARTMENT ABOUT THIS PROPERTY AS WELL, AND THERE HAVE NOT BEEN ANY COMPLAINTS OR VIOLATIONS IN THE PAST YEAR. AND WITH THAT, PLANNING STAFF DOES RECOMMEND CONSIDERATION OF THIS SPECIAL REQUEST. WE HAVE NO CONDITIONS TO ATTACH TO IT. JUST REQUEST THE CONSIDERATION AS WELL AS THE ADOPTION OF THE FINDINGS OF FACT.

>> VALID FOR ONE YEAR ONLY. YOU'RE AWARE OF THAT, RIGHT? OKAY. PETITIONER HAS ADDRESSED ALL PLANNING AND ZONING REVIEW COMMENTS.

FINDING OF FACTS ARE INCLUDED IN THEIR PACKET, CODE ENFORCEMENT DEPARTMENT DOES NOT HAVE ANY COMPLAINTS OR VIOLATIONS. THE DEPARTMENT RECOMMENDS CONSIDERATION. IT IS APPROVED. LAST BUT NOT LEAST, SMITH

[C. (V) Smith Garage Addition Setback Variance. ]

GARAGE ADDITION SETBACK VARIANCE.

DOCKET NUMBER PZ-2025-00068 V.

>> I'LL DO MINE FIRST. AND MAYBE I'LL LET YOU

GO. >> WANT US TO FLIP A COIN OR SOMETHING?

>> THANK YOU SO MUCH, GUYS. I'M KRISTYN SMITH AND WITH MY HUSBAND WE OWN 863 CAREY ROAD. WE ARE SEEKING A VARIANCE TO THE SETBACK REQUIREMENT. WE'RE REQUESTING 15 FEET AS A SETBACK INSTEAD. WE ARE A UNIQUE SITUATION WITH A CORNER LOT, OUR HOME WAS BUILT PERPENDICULAR TO WHAT IS ZONED OUR FRONT YARD.

THE EASTERN SIDE OF OUR YARD FUNCTIONS VISUALLY AS A SIDE YARD, WHICH ONLY REQUIRES A TEN FOOT SETBACK IN WHAT IS CONSISTENT THROUGHOUT THE REST OF OUR NEIGHBORHOOD.

WE'RE BUILDING A FOUR CAR TANDEM ATTACHED GARAGE TO OUR EXISTING HOME BY AN ADDITION OF AN IN CLOSE LIVING SPACE.

WHILE THE DESIGN IS NOT PART OF THE VARIANCE, I DO WANT TO NOTE THE ADDITION WAS THOUGHTFULLY DESIGNED IN ORDER TO MATCH THE EXISTING ARCHITECTURE OF OUR HOME AND NEIGHBORHOOD, COMPLETE WITH A MATCHING DORMER, WINDOW STYLES AND SPECIFICALLY SLOPED ROOF TO REDUCE ANY CHANCE THAT THE ADDITION WOULD LOOK EXCESSIVE OR OVERSIZED COMPARED TO THE REST OF THE HOME. I ALSO WANT TO NOTE THAT THE TANDEM ORIENTATION WILL CONTINUE THE TWO CAR GARAGE AESTHETIC OF THE DIRECT NEIGHBORHOOD. OUR MOTIVATION FOR THIS REMODEL STEMMED FROM SAFETY CONCERNS OF OUR CURRENT DRIVEWAY ON CAREY ROAD.

WITH THE STEADY FLOW OF ONCOMING TRAFFIC AND BLIND HILL SOUTH OF OUR HOME T , IT IS DANGEROUS TO BACK OUT OF OUR DRIVEWAY. WITH SMALL CHILDREN, IT IS PARAMOUNT TO US THAT WE RELOCATE OUR DRIVEWAY AND GARAGE TO THE RESIDENTIAL LANE WHERE WE CAN FEEL SAFE FROM THE PUBLIC ROAD HAZARD.

WHEN OUR HOME WAS BUILT IN THE '80S, THE POPULATION WAS ESTIMATED AT 18,000 PEOPLE. AND AT 2025 WE'RE ESTIMATED CLOSER TO 105,000. SO THAT INCREASED TRAFFIC FLOWING THROUGH THE CITY AND A CHANGE IN POPULATION IS HUGE. AND IF WE WERE TO TRY AND BUILD OUR HOUSE AS IT IS TODAY, I IMAGINE THAT WOULD RAISE

[01:05:03]

SOME RED FLAGS PUTTING A DRIVEWAY THERE.

WE RESPECTFULLY REQUEST VARIANCE APPROVAL WITH FULL ADOPTION OF THE FINDING OF FACT PROVIDED WHICH SHOW OUR DESIGN WILL POSITIVELY IMPACT NEIGHBORHOOD VALUES AND REDUCE THE SAFETY HAZARDS ON A PUBLIC CITY STREET AND IT WILL INCREASE OUR ABILITY TO UTILIZE OUR FULL HOME AND PROPERTY FOR OUR FAMILY'S LIFESTYLE AND IT WILL CAUSE NO NEGATIVE HARDSHIP TO THE SURROUNDING NEIGHBORS. WE HEARD SEVERAL COMPLAINTS SPECIFICALLY AROUND DRAINAGE AS THERE WERE CONCERNS RAISED FROM ACROSS THE STREET.

WE HAD NUMEROUS RESPONSES FROM THE CARMEL ENGINEERING DEPARTMENT, THE CARMEL ENGINEERING AND STORMWATER DEPARTMENT THAT ANY EXISTING DRAINAGE ISSUES OF PROPERTIES ARE THEIRS TO MITIGATE AND TO BE ADDRESSED OUTSIDE OF THIS VARIANCE.

>> THANK YOU. ANYONE WOULD LIKE TO SPEAK IN SUPPORT? IT IS YOUR TURN NOW, IF YOU LIKE.

>> THANK YOU. MY NAME IS ANDY CASH.

I MEASURED THE PROPERTY, CREATED THE PLOT PLAN AND ASSISTED WITH THE APPLICATION AS WELL.

THEY DID A VERY GOOD JOB EXPLAINING THE PETITION. I WOULD ADD THAT WE DO HAVE FAVORABLE STAFF REPORTS --

>> EXCUSE ME, LET ME STOP YOU FOR A SECOND.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK IN SUPPORT? ONE MORE SPEAKER? YOU HAVE TO SPLIT FIVE MINUTES BETWEEN YOU AND --

>> I'M DONE. SO I WOULD ADD -- WE HAVE FAVORITE STAFF REPORTS AND THEN THERE ARE ALSO SIDEWALK, PUBLIC SIDEWALK IMPROVEMENTS PLANNED WITH THIS PROJECT. THANK YOU.

>> THANK YOU. OKAY.

>> THANK YOU, SIR. NAME IS JEFFREY SANKY, I LIVE AT 1142 LYNDON LANE. WE'RE THE FIRST HOUSE ON LYNDON LANE, THE NORTH SIDE OF THE ROAD.

REGARDING THE ZONING VARIANCE, WE APPLAUD THE SMITHS FOR WANTING TO ENHANCE THE PROPERTY THERE. WE SIT DIRECTLY ACROSS THE STREET FROM THE SMITHS, SO OUR VIEW FROM THE HOUSE IS THE SMITHS HOUSE. I THINK WHAT THEY HAVE PROPOSED IS FANTASTIC. WITH THE TWO GARAGE CONCEPT, MOVING FORWARD. IN THE BIG THING FOR ME IS BY RELOCATING THE GARAGE EGRESS TO LYNDON LANE, IT IS MUCH EASIER ACCESS FOR THE SMITHS TO GET IN AND OUT OF THEIR GARAGE, IN AND OUT OF THEIR PROPERTY AND PROVIDE A MUCH MORE SAFER ENVIRONMENT FOR THEIR CHILDREN. YOU KNOW, AS KRISTYN MENTIONED, CAREY ROAD HAS BECOME A MAJOR THOROUGH FARE AND THE 11 YEARS WE HAVE BEEN THERE, WE HAD CARS IN OUR YARD, FROM ACCIDENTS.

AND EVERYTHING LIKE THAT. SO IT IS VERY -- IT IS A VERY HIGHLY TRAVELED ROAD, AND THERE IS VERY LITTLE REGARD FOR THE SPEED LIMIT THAT IS POSTED. SO, THAT SAID, YOU KNOW, WE FULLY SUPPORT THE SMITHS IN THEIR DECISION TO ENHANCE THE -- I WOULD REALLY LIKE TO SEE THE VARIANCE APPROVED. THANK YOU.

>> THANK YOU. IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN OPPOSITION TO THIS PETITION? TWO PEOPLE? OKAY.

YOU GOT -- HOW MANY MINUTES WOULD YOU LIKE TO HAVE? FIVE? THREE? OKAY.

>> THREE MINUTES.

>> THREE AND A HALF.

OKAY. YOU GOT IT.

>> IS THERE AN OVERHEAD PROJECTOR HERE AT ALL?

>> OH, YEAH.

>> GREAT. OKAY.

>> RIGHT THERE IN FRONT OF YOU.

>> ALL RIGHT. HI.

I'M ELICIA LARKIN. I LIVE AT 1171 HEMLOCK.

MY HUSBAND HERE IS JEFF. WE HAVE BEEN MEMBERS OF OUR COMMUNITY FOR OVER 30 YEARS AND THIS ONE PARTICULAR HOME.

WE HAVE RAISED TWO CHILDREN, SIX GRANDCHILDREN, WE HAVE ENJOYED THE SPACE THAT WE HAVE. WE BOUGHT THIS PROPERTY BECAUSE IT HAD SOME SURROUNDING GRASS LANDSCAPE AND YARDAGE. SO OUR CHILDREN CAN PLAY SOCCER, THEY CAN PLAY LACROSSE, THEY CAN RUN AND PLAY WITHOUT ANY HAZARD.

WE'RE ALSO ON A COURT. WE ARE AT A T INTERSECTION.

BUT WE KNEW THAT WHEN WE BOUGHT THE HOUSE. AND WE HAVE APPLIED TO THAT.

I DO RESPECT THAT YOU NEED TO HAVE A GARAGE ON THE SIDE.

I WANT YOU TO UNDERSTAND THAT. WE ARE NOT IN DISAGREEMENT OF THAT. IT IS A BLIND CURVE. YOU HAVE CHILDREN.

I'M A 43- YEAR TEACHER. I UNDERSTAND SAFETY FOR CHILDREN. BUT MY DISREGARD FOR THIS ENTIRE PROPOSAL IS THE SIZE OF THE GARAGE.

THEIR PLANS SAY THAT THEY'RE LOOKING FOR A TWO- CAR GARAGE. WHAT SHE JUST STATED IS A FOUR- CAR GARAGE, I DON'T KNOW HOW TO SHOW THIS, BUT IF THIS

[01:10:02]

IS THEIR GARAGE ADDITION, AND THIS IS THEIR CURRENT HOME --

>> THE RED LINES, YOU CAN LOOK UP

THERE. >> THIS IS THEIR GARAGE ADDITION. THIS YELLOW IS THEIR CURRENT SIZE OF THEIR HOME. IT IS A TWO- STORY, IT IS A LITTLE OVER 2,000 SQUARE FEET, WITH THE ADDITION OF A SUN ROOM. BUT THEY'RE ADDING 966 SQUARE FOOT GARAGE FROM FRONT TO BACK IS GOING TO BE A HARDSHIP FOR US. THIS IS THE SIZE OF THE GARAGE.

AND YOU CAN SEE THE MAGNANAMY OF THAT WHEN I'M LOOKING AT IT FROM MY VIEW. I'LL CONTINUE, BUT THAT'S MY BIGGEST STATEMENT RIGHT THERE. THAT IS -- THE FACT THAT THEIR PLANS STATED IT WAS A TWO- CAR GARAGE AND NOW YOU'RE SAYING IT IS A FOUR- CAR GARAGE, AND ALSO OUR COVENANTS CITE THERE IS NOTHING LARGER THAN A THREE- CAR GARAGE.

AND I HAVE PROVE HERE OF THE COVENANTS.

THAT BEING SAID, THEY ASKED FOR A 15- YARD SETBACK.

IN THE PLAN, PROPOSED FROM MR. COOKE, IF YOU LOOK AT THE SPACE BETWEEN MY PROPERTY LINE AND THE EDGE OF THEIR GARAGE, IT IS 14.9.

SO IT IS LESS THAN. WE'RE OVER THE 15 ALREADY.

THAT IS EQUIVALENT TO 25% OF THE VARIANCE.

MULTIPLY FIVE FEET TIMES 40 FEET WHICH IS GOING TO BE THE WHOLE SIDE OF THE YARD ALMOST, AND THE ELEVATION, I JUST REALIZED, IT IS HIGHER THAN THEIR GARAGE. I'M GOING TO LOOK AT A BLANK WHITE WALL, WITH NO DOORS, AND NO WINDOWS.

THAT IS VERY UNCHARACTERISTIC OF OUR NEIGHBORHOOD.

THEY TOLD ME THAT THEY WERE ADDING A TWO- CAR GARAGE.

I ASKED WHY IT HAD TO COME INTO THE VARIANCE.

AND I WAS TOLD WE HAD TO ADD A MUD ROOM, A 7 BY 7 FOOT MUD ROOM, A COPY HERE. SO, HERE WE GO.

SO, YOU CAN SEE THIS MUD ROOM IS RIGHT HERE.

THE REASON THAT WAS ADDED IS SO THEY CAN AVOID CHANGING THE ELECTRIC AND THE GAS. I UNDERSTAND THAT'S A PROBLEM.

BUT THAT IS NOT MY PROBLEM. I UNDERSTAND THAT THEY'RE GOING TO HAVE TO DO THAT, SO THEY DON'T HAVE TO MOVE THE GAS AND ELECTRIC. BUT ADDING THAT SIZE GARAGE WITH A HEIGHT THAT IS LARGER THAN THE EXISTING GARAGE JUST SEEMS CRAZY TO ME.

HERE'S THE ELEVATION OF THEIR HOUSE NOW.

HERE IS THE PROPOSED ELEVATION. I CAN'T READ HOW MUCH HIGHER IT IS. BUT THEN THIS PART IS WHAT I'M GOING TO BE LOOKING AT. ONE BLANK WALL.

AND IT IS SO UNCHARACTERISTIC OF OUR NEIGHBORHOOD.

WE HAVE HAD OUR BASEMENT FLOOD TWICE. WE WENT TO THE EXPENSE NOT ONLY OF REPAIRING ALL OF THAT, BUT WE INSTALLED A SUMP PUMP AND A BACKUP SUMP PUMP AND A FRENCH DRAIN.

WATER HAS ALWAYS BEEN A CONCERN. IN THE REPORTS THAT WE INITIALLY SUBMITTED, WE COULD SHOW THE WATER DRAINAGE THAT HAS BEEN A PROBLEM WITH A POOL THAT HAS BEEN BUILT TO THE WEST, WHICH THIS IS TO OUR WEST, AND YOU CAN SEE THE WATER HAS DRAINED INTO TWO PROPERTIES ALMOST TWO FEET WIDE AND A LONG STREAM OF WATER. OUR NEIGHBORS DIRECTLY ACROSS HAVE TO HAVE A CONTINUAL SUMP PUMP. THAT BEING SAID, WE STRONGLY DISAGREE. I DON'T WANT TO LOSE SUNLIGHT.

I DON'T WANT TOTO THE SUNLIGHT ON MY TREES AND ON MY LANDSCAPE THAT I BUILT FOR 29 YEARS. BUT THE BIGGEST THING OF ALL, THREE- CAR GARAGES LIMIT AND WHY THEY'RE PROPOSING A FOUR- CAR GARAGE, I DO NOT KNOW.

BUT THE DRAINAGE IS ALSO CONSIDERATION AND YOU CAN SEE THAT IN OUR REPORT.

THANK YOU SO MUCH. I APPRECIATE YOU ALLOWING ME TO SPEAK HERE.

>> MY NAME IS BRAD BRIL. I LIVE AT 1231 HEMLOCK STREET.

I'M HERE ABOUT MY LIFE PEGGY. WE LIVE AROUND THE BEND FROM THE PROPOSED STRUCTURE.

I'M NOT SURE IF I'M STANDING HERE AS THE LAST SPEAKER BECAUSE YOU SAVED THE BEST FOR LAST OR JUST WAITED TO PUT THIS OFF JUST AS LONG AS POSSIBLE. BUT MY LETTER IS ON THE RECORD

[01:15:03]

IN OPPOSITION TO THIS PROPOSAL. WHAT I HAVE TO SAY WILL BE BRIEF HERE TONIGHT AND IT IS GOING TO SOUND A LITTLE REDUNDANT WITH ELICIA.

I ASSURE THE AUDIENCE WE DID NOT REHEARSE THIS, WE JUST HAPPEN TO SHARE THE SAME CONCERNS.

AGAIN, FOR 30 YEARS WE HAVE SEEN CHANGES IN THE NEIGHBORHOOD, WHICH IS A VERY SMALL NEIGHBORHOOD. IN MY MIND IT IS COMPRISED OF HEMLOCK STREET AND LYNDON LANE. THREE WAYS IN AND OUT OF THE NEIGHBORHOOD. THE PROPOSAL IS THAT A RESIDENCE THAT REALLY SERVES AS A GATEWAY TO ONE OF THE THREE ENTRANCES TO THE NEIGHBORHOOD. AND I DON'T RELISH THE ROLE OF BEING AN OBSTACLE TO SOMEONE TRYING TO IMPROVE THEIR PROPERTY AND ENHANCE THEIR HOME, IT IS THE DIMENSIONS OF THE PROPOSAL THAT CONCERN ME.

THE FOOTPRINT IS OVER 800, CLOSE TO 900 SQUARE FEET, THAT'S ALMOST THE SIZE OF THE EXISTING RESIDENCE. AND I LOOK AT THE ROOF LINE, THE ELEVATION, THAT'S ABOVE THE HOUSE, IT CONJURES UP -- EXCUSE ME, IN MY MIND, A BARN- LIKE STRUCTURE RATHER THAN A SIMPLE ADDITION OF A TWO- CAR GARAGE AS IT WAS PROPOSED. SO, WE WOULD LIKE TO HAVE THIS DENIED AND SENT BACK TO THE DRAWING BOARD FOR SOMETHING THAT IS MORE IN CHARACTER WITH THIS LITTLE NEIGHBORHOOD WITH THE USUAL SPACINGSPACING SIZE OF THE STRUCTURES AND NOT CHANGE THE CHARACTER OF THE NEIGHBORHOOD THAT WE HAVE BEEN IN.