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[A. Call to Order]

[00:00:08]

>>> GOOD EVENING, I'M CALLING TO ORDER THE BOARD OF ZONING APPEALS REGULAR MEETING FOR MONDAY, AUGUST 25TH. LET'S BEGIN WITH THE PLEDGE OF ALLEGIANCE, PLEASE. THANK YOU.

CAN WE HAVE THE ROLL CALL PLEASE?

>> SALIM NAJJAR? >> PRESENT.

>> DENNIS LOCKWOOD? >> PRESENT.

>> LEAH YORK? >> PRESENT.

[D. Declaration of Quorum]

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

>> KEVIN RIDER? >> PRESENT.

>> CHRISTINE ZOCCOLA? >> PRESENT.

>> OKAY, WE DO HAVE A QUORUM. I WILL ENTERTAIN A MOTION FOR APPROVAL OF THE MINUTES AND FINDING OF FACTS FOR LAST

MEETING. >> SO MOVED.

>> SECOND. >> ALL RIGHT, FIST AND SECOND, ALL IN FAVOR OF APPROVAL OF THE MINUTES?

>> AYE. >> OPPOSED? ALL RIGHT. THOSE ARE APPROVED. ANY COMMUNICATIONS, BILLS, AND EXPENDITURES THIS

[G. Reports, Announcements, Legal Counsel Report, and Department Concerns]

EVENING? NOTHING ON THERE. OKAY. HOW ABOUT REPORTS, ANNOUNCEMENTS, OR DEPARTMENT CONCERNS?

>> YES, WE DO HAVE ONE. ONE IS A REQUEST TO SUSPEND THE RULES OF PROCEDURE FOR THE GRAVELLY POOL BARN VARIANCES. THEIR LEGAL AD PRINTED LESS THAN 30 DAYS PRIOR TO THE MEETING DATE BUT MET THE STATE STATUTE OF PRINTING WITHIN MORE THAN TEN DAYS PRIOR.

>> OKAY, THANK YOU. >> YEAH, LET'S TAKE A VOTE NOW IF -- YEAH, DO WE HAVE A MOTION TO SUSPEND THOSE RULES?

>> I'LL MAKE A MOTION TO SUSPEND THE RULES OF PROCEDURE

SO THAT WE CAN HEAR THE DOCKET. >> SECOND.

>> ALL RIGHT, THANK YOU. ALL IN FAVOR?

>> AYE. >> ANY OPPOSED? ALL RIGHT, THANK YOU. ANY OTHER CONCERNS OR -- OKAY, GREAT. ALL RIGHT, WE WILL

[H.(SU, V) 695 1st Ave SE Triplex Special Use and Variances.]

MOVE INTO THE PUBLIC HEARINGS. THE FIRST ONE IS FOR 695 FIRST AVENUE SOUTHEAST TRIPLEX SPECIAL USE AND VARIANCES. AND THIS IS FOR DOCKETS NUMBER PZ202500127SU. IS THAT CORRECT THAT THOSE SHOULD BE 24 AND NOT 25?

>> THOSE SHOULD BE 25. >> IT SHOULD BE 25. DO WE NEED TO TO ANY -- THAT SORT OF -- IT'S JUST A TYPO.

>> NO, IT'S JUST A SMALL TYPO. EVERYTHING ELSE IN THE

DESCRIPTION IS CORRECT, SO. >> ALL RIGHT, THANK YOU. BUT THAT'LL GET CHANGED IN ALL THE RECORDS, I'M ASSUMING. OKAY,

THANK YOU. >> YES.

>> OKAY, SO LET ME TRY AGAIN. PZ202500217SU 128V AND 129V.

I'LL TERN IT OVER TO THE PETITIONER.

>> THANK YOU, AND GOOD EVENING. FOR THE RECORD, MY NAME IS JOHN, I'M A PROFESSIONAL WITH THE LAW FIRM OF NELSON AND FRANKENBERGER. WE REPRESENT SCI -- THE LOCATION OF THE PROPERTY WAS JUST ANNOUNCED AT 695 FIST AVENUE SOUTHEAST. THE EXHIBIT ON DISPLAY OUTLINES THAT PROPERTY IN RED. IT'S LOCATED RIGHT HERE. SO YOU'VE GOT RANGE LINE ROAD TO OUR WEST, FIRST AVENUE, WALNUT STREET AND THAT ROUNDABOUT INTERSECT AT THE LOCATION OF THE PROPERTY TO OUR SOUTH IS THE CARMEL UNITED METHODIST CHURCH AND THEIR PARKING AREA TO OUR NORTH AND OUR EAST IS CARMEL TOWNHOMES AND ACROSS THE STREET TO THE WEST IS A BUSINESS USE AT THAT CORNER. I'VE GOT TO ZOOM IN HERE, IT HELPS SHOW US THAT. SO AGAIN, THIS IS THE SUBJECT PROPERTY.

CARMEL TOWN SURROUNDS US WITH A FIVE-UNIT TOWNHOME BUILDING HERE AND A SIX-UNIT TOWNHOME BUILDING, A PARKING FIELD THAT'S PART OF UNITED METHODIST CHURCH, THE DENTAL OFFICE RIGHT HERE ON THE CORNER, AND A SINGLE-FAMILY RESIDENCE HERE, SINGLE-FAMILY RESIDENCE HERE, AND THESE BUSINESS USES WITH THEIR PARKING FIELDS ARE FOR USES THAT ARE ADJACENT TO RANGE LINE ROAD. THERE'S TWO COMPONENTS THAT ARE PART OF THE REQUEST. ONE IS FOR SPECIAL USE APPROVAL FOR A MULTIFAMILY USE, AND OUR CLASSIFICATION, MULTIFAMILY IS A SPECIAL USE.

[00:05:02]

AND WE'RE ASKING FOR A THREE-UNIT DWELLING. AND THAT'S THE MIN NUMB NUMBER OF DWELLINGS THAT QUALIFY AS MULTIFAMILY, BUT THIS IS A SINGLE BUILDING WITH THREE DWELLINGS IN IT FOR CONSTRUCTION ON THE SUBJECT SITE. GOT A PHOTOGRAPH HERE.

PULLED THIS DOWN FROM GOOGLE MAPS. THIS GIVES YOU AN IDEA, IF YOU'RE TRAVELING ON WALNUT STREET HEADING EAST, AND YOU'RE LOOKING NORTHWEST INTO THE SITE, THIS IS THE VIEW TODAY. THE AREA THAT'S PAVED TODAY IN GRAVEL ENCOMPASSES THE ENTIRE PROPERTY.

THIS IS A FORMER ACCESSORY BUILDING TO A UTILITY USE -- THAT USED TO EXIST WITHIN THE CARMEL OLD TOWN AREA. IT WAS ASSOCIATED WITH A GAS UTILITY. IT'S NO LONGER USED AND IT'S TODAY JUST A -- USED BY MR. LEONARD FOR HIS OWN PERSONAL USE. SO PICTURE THAT TODAY, EASTBOUND ON WALNUT STREET TURNING NORTH ON -- INCLUDED WITHIN OUR SUBMITTAL. AGAIN, IT'S A THREE-DWELLING BUILDING, OVERHEAD DOORS FACING SOUTH HERE, ONE, TWO, AND THREE. THE THREE UNITS ARE ABOVE, AND WHILE IT'S HIDDEN IN THE SHADOW HERE, THERE IS A STAIRWELL THAT LEADS UP TO THE SECOND LEVEL FOR ACCESS EXTERNALLY TO THOSE THREE BUILDINGS. AND THE SINGLE DRIVEWAY THAT COMES INTO THE SITE. IN ADDITION TO THE SPECIAL USE THAT WOULD ALLOW THIS THREE-DWELLING BUILDING, THERE ARE TWO VARIANCES THAT ARE REQUESTED. ONE'S ASSOCIATED WITH LOT COVERAGE. AS YOU SAW IN OUR ILLUSTRATION EARLIER, THE SITE TODAY IS FULLY COVERED.

IT'S FULLY PAVED OVER IN GRAVEL. THIS PROPOSAL FOR A 70% LOT COVERAGE. THERE'S 70% ADDITIONAL GREEN SPACE THAT'LL BE ADDED. STAFF NOTED IN THEIR STAFF REPORT THAT THERE'S ADDITIONAL LANDSCAPING ATTENDANT TO THE PLAN ALONG THE SOUTH PERIMETER OF THE PARKING FIELD AND FIRST AVENUE IN THE FORM OF SHRUBS AND TREES. THE SECOND VARIANCE REQUEST IS WITH REGARD TO THE DRIVE AISLE WIDTH, AND THIS IS OUR PROPOSED SITE PLAN.

AGAIN, FIRST AVENUE, WALNUT STREET HERE, A SINGLE DRIVE INTO THE SITE. THIS SERVES THESE THREE DWELLINGS. THE STANDARD IN THE UDO PROVIDES FOR A MINIMUM OF 25-FOOT DRIVE AISLE WIDTH.

THAT DOESN'T MATTER WHETHER YOU'RE PARKING TWO CARS OR WHETHER YOU'RE PARKING 250 CARS. SO WE APPLY THAT STANDARD TO THE MEIJER PARKING LOT AND HERE. THE ONE THING STAFF BROUGHT UP IT WAS MANEUVERABILITY, AND WE ADVISED OUR CLIENT OF THAT, AND THEY HAD THE ENGINEER PREPARE AN ILLUSTRATION THAT SHOWS HOW VEHICLES WOULD MANEUVER INTO THE SITE. AND 24 FEET PROVIDES ADEQUATE MANEUVERABILITY IN AND OUT OF THOSE DIFFERENT PARKING SPACES. IN ALL LIKELIHOOD WITH THE SIX PARKING SPOT TO THE SOUTH AND THE SIX PARKING SPOTS INCLUDED WITHIN THE THREE GARAGES, IT'S LIKELY THAT YOU'LL VERY SELDOMLY SEE TWO VEHICLES IN THE DRIVEWAY AT ONE TIME. TO PUT THAT IN CONTEXT, WE HAVE A 20-FOOT ENTRYWAY DRIVE AISLE. THIS IS 25 FEET ACROSS THE FRONTAGE. THERE'S A BALCONY THAT PROJECTS INTO THAT SPACE BY SIX FEET. THERE'S 18 FOOT OF CLEAR AREA HERE. BUT FOR ALL THOSE VEHICLES WE WOULD ANTICIPATE ON THE SITE, THERE SHOULDN'T BE A CONFLICT ON THE SPACE. IT WOULD BE UNLIKELY TWO VEHICLES WOULD CROSS PATHS AT THE SAME TIME. YOU WOULD HAVE A 12 OR 14-FOOT DRIVE AISLE.

AGAIN, TO JUMP BACK, TO PUT IT IN PERSPECTIVE, TYPICAL ALLEY WIDTHS ACROSS THE CITY AND WITHIN THE OLD TOWN AREA ARE 16-FEET WIDE. SO YOU HAVE OCCASION, WELL, I WON'T SAY OCCASION, IN ALL RESPECTS I DON'T BELIEVE THAT OUR ALLEYS ARE ONE-WAY ALLEY DIRECTIONAL. YOU PROVIDE ACCESS FOR TWO VEHICLES TRAVELLING IN OPPOSITE DIRECTIONS ON A 16-FOOT WIDE ALLEY. AND THOSE ARE SITUATIONS THAT SERVE MANY MORE DWELLINGS THAN THIS THREE-UNIT MULTIFAMILY BUILDING WOULD SERVE. SO WE THINK ACCESSIBILITY'S ADEQUATE HERE. I THINK STAFF AGREES.

THEIR REQUEST IS FOR THE BZA TO VIEW BOTH REQUESTS FAVORABLY AND APPROVE IT SUBJECT TO THOSE TWO CONDITIONS, WHICH WERE INCLINED TO SUPPORT, AND WE WOULD ASK FOR THE BOARD'S APPROVAL SUBJECT TO THOSE TWO CONDITIONS WITH THAT. I'LL CONCLUDE AND BE GLAD TO ADDRESS ANY QUESTIONS INDIVIDUAL BOARD MEMBERS HAVE EITHER NOW OR, OF COURSE, AT THE CONCLUSION OF YOUR PUBLIC HEARING. THANK

YOU. >> THANK YOU. DO WE HAVE ANYONE HERE WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS PETITION? ANYONE TO SPEAK IN OPPOSITION? ALL RIGHT, PLEASE JUST ONE AT A TIME YOU CAN STEP UP HERE TO SHARE. IT LOOKS LIKE THERE ARE TWO.

>>

[00:10:03]

TWO. SO THREE MINUTES, IS THAT SUFFICIENT? OKAY. THANK YOU. AND PLEASE STATE YOUR NAME ONCE YOU GET UP THERE. AND THE MIC IS

ALREADY ON FOR YOU. >> OKAY. I WROTE THIS DOWN BECAUSE I GET NERVOUSIN FRONT OF BIG GROUPS OF PEOPLE. MY NAME IS MICHELLE. MY HUSBAND AND I ACTUALLY OWN THE DENTAL PRACTICE THAT WOULD BE ACROSS THE STREET FROM THEM. AND AS HE SHOWED IN THE PICTURE, I HOPE YOU SEE THAT THE LOT SIZES WERE VERY SIMILAR.

AND WE STILL HAVE THE ORIGINAL FOOTPRINT OF THE ORIGINAL HOME THAT WE'RE JUST WORKING OUT OF. SO WE DIDN'T CHANGE IT. WE DIDN'T EXPAND UPON IT OR ANYTHING LIKE THAT. SO THE BIGGEST CONCERN I HAVE IS THE HIGH DENSITY USE FOR THIS LOT IN THIS PARTICULAR AREA. THE HOMES IN THIS AREA ARE TYPICALLY TRADITIONAL NEIGHBORHOOD, ONE HOME TO A GOOD-SIZED LOT WITH A LOT OF GREEN SPACE. THERE IS SPACE BETWEEN THE NEIGHBORS. THE OTHER THING IS THE PROPOSED SITE APPEARS TO BE THE SAME SIZE AS OUR LOT, SAME SIZE, AND ALSO I THINK THERE ALSO -- WITH CARMEL BEING DEVELOPED AS IT IS, I THINK THERE HAS TO BE DIFFERENT TYPES OF LOOKS FOR LOTS FOR DIFFERENT PEOPLE. SOME PEOPLE WANT PROPERTY, A LOT OF PEOPLE DON'T. THERE'S DIFFERENT AGES THAT WANT USES OF THAT PROPERTY. I THINK IT WOULD BE NICE TO CONTINUE TO GIVE THEM OPTIONS. THE OTHER THING IS, THIS PARTICULAR LOT IS ON A CURVE, AND WE ALREADY HAVE A PROBLEM WITH VISIBILITY, EVEN FROM WALNUT STREET, BECAUSE THAT'S WHERE OUR ENTRANCE IS, AND SOME PEOPLE COME AROUND THAT CORNER QUICK. IT'S NOT A GOOD SHOT OF HOW THAT CORNER IS AFFECTED. AND THE THING IS AS WELL, THERE ARE ALREADY KIDS THAT WALK ON THE STREET, THERE IS NOT A FULL SIDEWALK. THE OTHER PART IS, IF YOU FIGURE THERE'S GOING TO BE AT LEAST SIX CARS, TWO PER HOUSE, THAT'S KIND OF NORMAL IN THE NEIGHBORHOOD, MY QUESTION IS WHERE ARE ALL THE GUESTS GOING TO GO? WHAT IF SOMEONE HAS A PARTY? THEY CAN'T PARK ON THE STREET BECAUSE THERE IS A CURVE.

THAT'S A BIG CONCERN OF MINE, WHAT IS THAT GOING TO LOOK LIKE.

ALL RIGHT, LET'S SEE. AND I ALSO DON'T KNOW HOW MANY BEDROOMS ARE IN THAT HOUSE, SO IT COULD BE IMPOSSIBLE, MAYBE SOMETIMES THERE'S THREE. THE OTHER THING IS I HOPE NO MATTER WHAT DECISION IS MADE ON THIS LOT I WOULD MAKE A REQUEST THERE WOULD BE NO PARKING ON THAT SIDE OF THE STREET, BECAUSE AGAIN, BECAUSE OF THE TURN IT BECOMES A LITTLE BIT OF A CHALLENGE. AND SOME PEOPLE GO AROUND THAT PRETTY QUICK. AND ALSO CONSIDER NOT CHANGING THE DRIVE AISLE WIDTH BECAUSE IF SOMEONE HAS TO WAIT TO GET IN THEIR HOUSE, EVEN IF IT'S NOT THAT OFTEN, IF ALL THE SUDDEN THERE'S LIKE A BACKUP OR A WEIRD TURN -- BECAUSE THERE'S NOT A STOP SIGN ON THAT CURVE EITHER, AND IT IS LIKE A HARD LEFT. T NOT LIKE A GRADUAL LEFT IF YOU'RE COMING FROM WALNUT TURNING ON TO THE PROPERTY. AND THAT'S ALL I

HAVE. THANK YOU. >> ALL RIGHT, THANK YOU.

>> MICROPHONE IS STILL ON, SO YOU DON'T NEED TO TURN IT ON.

AND JUST REMEMBER TO PLEASE STATE YOUR NAME FIRST.

>> OKAY. I'M BELINDA HAHN. I'M A RESIDENT AT CARMEL TOWN CONDOMINIUM. IT'S NOT CLEAR WHETHER THESE UNITS WILL BE RENTAL OR ACTUAL PURCHASE LIKE WHAT OUR UNITS ARE. SO IF -- WHAT I HAVE TO SAY IS INCLUDING MY CONCERN WITH IF THEY ARE RENTALS OR EVER TURNED INTO THAT, PLEASE TAKE THAT INTO CONSIDERATION. BUT OUR CONCERN WITH THIS PROJECT IS -- IS THAT ON THAT FIRST STREET, IT SEEMS TO APPEAR THAT THE CITY CONTINUES TO ALLOW OVERBUILDING FOR SIZE OF THE LOT. THERE ARE MANY HOMES ON THAT STREET THAT ARE VERY LARGE AND TAKE UP THE ENTIRE LOT. AND IT IS CREATING A SITUATION OF OVERPOPULATION IN OUR COMMUNITIES. IN A VERY SHORT PERIOD OF TIME THAT WE'VE LIVED IN THE CARMEL COMMUNITY, WE HAVE EXPERIENCED OUR VAN BEING STOLEN AND THEN OUR NEXT VAN WAS VANDALIZED IN THIS AREA, AND THEN WE HAD ANOTHER VAN BROKE INTO. WE WENT OUT TO WALK OUR DOG AT 2:00 IN THE MORNING AND FOUND PEOPLE IN OUR VAN. OUR CLUBHOUSE WAS BROKEN INTO AND VANDALIZED AND REPAIRS HAD TO BE DONE WITH THAT. AND SO OTHER REPAIRS IN OUR COMMUNITY CAN'T BE DONE BECAUSE OF THE COSTS HAD TO GO INTO FIXING THE REPAIRS IN OUR CLUBHOUSE. AND THEN THE NEIGHBORS IN OUR BLOCK OF UNITS HAD SOMEBODY BREAK INTO THEIR BASEMENT AND GO INTO THEIR HOME.

SO UNFORTUNATELY, WE ARE TRANSPLANTS TO CARMEL, SO IT SOUNDS A LITTLE HYPOCRITICAL THAT WE DON'T WANT OTHER PEOPLE IN THAT AREA, HOWEVER, WE CAN'T ESCAPE STATISTICS. AND YOU KNOW THAT WHEN WE KNOW THAT HISTORICALLY WHEN YOU HAVE A DENSE POPULATION AND THAT POPULATION CONTINUES THAT YOU ARE EXPOSING YOURSELF TO ADDITIONAL CRIME IN THE AREA. IF THESE ARE RENTALS OR ARE TURNED INTO RENTALS, OUR COMMUNITY BOARD HAVE WORKED VERY HARD TO KEEP RENTALS OUT OF OUR COMMUNITY BECAUSE OF THE EFFECTS OF RENTALS PUSHING DOWN OUR

[00:15:02]

PROPERTY VALUES. WE'RE ALREADY IN AN OLDER COMMUNITY. YOU KNOW, KIND OF LANDLOCKED BETWEEN A RENTAL UNIT AND NOWHERE ELSE, YOU KNOW, TO REALLY EXPAND ANY GREEN AREA. SO THAT'S OUR CONCERN. OBVIOUSLY, THE CITY HAS THAT CONCERN WITH THE RECENT CAP THAT THEY APPLIED. WE JUST REALLY WANT TO PROTECT THE AREA AS OUR PROPERTY VALUES, WE'VE ALREADY SEEN A DOWNTURN IN THE INTERESTS IN OUR UNITS. JUST A UNIT IN OUR BUILDING TOOK NEARLY EIGHT MONTHS TO CLOSE. AND THAT IS, AS YOU KNOW, VERY ATYPICAL OF THE CARMEL AREA. FORTUNATELY, OUR BOARD DOES HAVE A GOOD RELATIONSHIP WITH MR. LEONARD. MR. LEONARD HAS TAKEN THAT AREA AND REALLY MADE IT LOOK REALLY NICE IN THE LAST YEAR. I'M OUT

OF TIME, THANK YOU VERY MUCH. >> YOU CAN GO AHEAD AND FINISH,

IF YOU HAD -- >> OH, AND WE DO APPRECIATE THAT. BUT OUR CONCERN IS? THE FUTURE, WHAT HAPPENS IF HE SELLS

THE PROPERTY. >> THANK YOU. ALL RIGHT, A

RESPONSE FROM THE PETITIONER? ? >> THIS IS THE AREA MAP THAT WE HAVE. THIS IS WALNUT STREET AND FIRST AVENUE. YOU CAN ACTUALLY -- YOU CAN ACTUALLY SEE IT RIGHT HERE. THIS IS A STOP-CONTROLLED INTERSECTION WITH TRAFFIC ON FIRST AVENUE STOPPING HERE FOR EITHER ADVANCEMENT INTO THE PARKING LOT AT THE CHURCH OR A RIGHT HAND TURN. AND THIS IS THE OFFICES THAT ARE LOCATED HERE WITH THEIR ENTRANCE RIGHT HERE ON TO WALNUT STREET. JOE BELIEVES AND WE BELIEVE THAT THIS IS GOING TO BE AN ENHANCEMENT TO THE AREA IN TERMS OF ANY IMPACT ON PROPERTY VALUES. THIS IS PROPOSED FOR THREE DWELLINGS TO EXIST ON THIS SITE, WHICH AS YOU CAN SEE FROM THE AERIAL MAP IS VERY CONSISTENT WITH WHAT SURROUNDS US TO OUR NORTH AND EAST.

EVERYTHING ON THE EAST SIDE OF FIRST AVENUE ARE ALL TOWNHOMES.

YOU'VE GOT EIGHT PARKING SPACES IN THE -- ON THE LOT AS WELL AS PARKING AVAILABLE WITHIN EACH OF THE TWO -- THE GARAGES THAT ARE ON SITE. WHAT WE'LL DO, BECAUSE NEXT WE'RE GOING TO APPROACH THE ENGINEER, WE'LL LET THEM KNOW ABOUT THAT CONCERN. I DON'T KNOW IF THERE'S ANY PORTION OF FIRST AVENUE THAT IS TODAY A SIGN FOR NO PARKING. BUT WE CAN LET THEM KNOW THAT WAS A CONCERN AND THEN HAVE THE ENGINEERING DEPARTMENT EVALUATE THAT FOR THE NEED FOR ANY TYPE OF SIGNAGE THAT THEY WOULD FEEL WERE APPROPRIATE UP TO RESTRICT ON-STREET PARKING IN THAT VICINITY. ONE OF THE THINGS I DO KNOW THAT WE'VE BEEN TALKING WITH IN THE PAST WITH PLANNING AND WITH COMMUNITY SERVICES IS THAT ON-STREET PARKING TENDS TO SLOW TRAFFIC DOWN WHERE THE WIDER YOU MAKE THE STREET, THE MORE, THE LESS ITEMS THAT YOU PUT WITHIN THAT ROADWAY IN TERMS OF OBSTACLES, IF YOU WILL, FOR THOSE WHO WANT TO DRIVE FAST, AND WE CAN'T PREVENT THAT. THEN IT MAKES IT EASIER FOR THOSE FOLKS TO DRIVE FASTER. THE OTHER THING IS I BELIEVE, IF I'M NOT MISTAKEN, THAT THERE IS A SIDEWALK THAT IS ON AT LEAST THE EAST SIDE OF FIRST AVENUE, IF NOT BOTH, ACROSS OUR FRONTAGE AND THEN GOES INTO THE CHURCH'S PARKING LOT. SO I THINK IT WAS MADE MENTION THAT PERHAPS THERE WASN'T A SIDEWALK OR -- SO THERE'S -- I HEAR THAT THERE'S NOT A FULL SIDEWALK, AND I KNOW THAT THERE IS A SIDEWALK THAT ALLOWS PEDESTRIANS TO TRAVEL THAT SPACE AND NOT HAVE TO GO IN THE ROADWAY. THOSE ARE ALL THE THINGS THAT I HAVE TO -- AGAIN, AVAILABLE FOR QUESTIONS THE BOARD MIGHT HAVE.

>> ALL RIGHT, THANK YOU. NO, THE TIME FOR COMMENTS IS OVER. THANK YOU. I WILL GO TO THE DEPARTMENT REPORT, PLEASE.

>> THANK YOU. AS THE PETITIONER STATED, THEY'RE SEEKING SPECIAL APPROVAL FOR A MULTIPLE USE FAMILY DWELLING AS WELL AS VARIANCES FOR LOT COVERAGE AND THE DRIVEWAY -- DRIVE AISLE WIDTH. THE ZONING ORDINANCE DOES SPECIFY THAT SPECIAL USES SHALL GENERALLY BE CONSIDERED FAVORABLY BY THE BOARD, AND AS FAR AS THE LOT COVERAGE VARIANCE GOES, THE PETITIONER IS WORKING WITH THE CARMEL ENGINEERING DEPARTMENT TO ADDRESS ALL THEIR REVIEW COMMENTS AS WELL AS PLANNING STAFF'S. AND THEN RELATED TO THE DRIVE AISLE WIDTH, I THINK THEY MOSTLY MEET THE WIDTH, BEING 24-FEET WIDE, AND WITH DOING AN INTERNET SEARCH, WE DID SEE THAT A 22-FOOT WIDE MINIMUM WIDTH IS

[00:20:02]

ADEQUATE FOR AN SUV. WE WERE MORE CONCERNED ABOUT THE LARGER VEHICLES LIKE SUVS, SO THEY APPEAR TO MEET THAT AS FAR AS ADEQUATE TURNING RADIUS. I DID ALSO WANT TO POINT ON THE COMPREHENSIVE PLAN, THE GUIDANCE FROM THAT DOCUMENT. IT DOES CONSIDER THIS AREA DOWNTOWN DEVELOPMENT PATTERN AREA WHICH WE WOULD LIKE TO SEE A MIX OF USES AND BUILDINGS IN DIFFERENT SCALES. SO THIS PROJECT DOES FIT INTO THAT DEVELOPMENT PATTERN AREA VERY NICELY. PLANNING STAFF IS SUPPORTIVE OF THIS PROPOSAL.

IT WILL ADD HOUSING DIVERSITY TO THE AREA. THE SITE PLAN IS WELL THOUGHT OUT. AND THE ARCHITECTURAL LANDSCAPING WILL HELP MAKE IT A -- PROJECT. -- WITH THE CONDITION OF THE PETITIONER ADDRESSING THE REMAINING REVIEW COMMENTS AND THE ADOPTION OF THE FINDINGS OF FACT. THANK YOU.

>> ALL RIGHT, THANK YOU. BOARD, COMMENTS OR QUESTIONS?

>> YES. >> GO AHEAD.

>> WOULD YOU PUT UP THE PARKING PLAN, PLEASE? FIRST WE HAVE THREE UNITS UPSTAIRS, WHAT SQUARE FOOTAGE ARE THESE?

>> 900 SQUARE FEET. THEY'RE 30 BY 30 EACH.

>> ONE BEDROOM? TWO BEDROOMS? >> TWO BEDROOM.

>> THIS IS JOE LEONARD, OUR CLIENT, THE OWNER OF THE REAL

ESTATE. >> OKAY. I SEE YOU HAVE TWO, FOUR, SIX PARKING SPOTS. NONE OF THEM IS HANDICAPPED, AND MAYBE THE CODE DOESN'T REQUIRE IT, BUT I WOULD LIKE TO SEE AT LEAST

ONE OF THEM BEING HANDICAPPED. >> WE'LL IDENTIFY ONE AS HANDICAPPED. AND THAT WILL BE WHETHER OR NOT THE CODE REQUIRES IT OR NOT WE'LL IDENTIFY ONE AS HANDICAPPED.

>> SO YOU'RE SAYING IF THE CODE DOES NOT REQUIRE IT, YOU WILL

NOT. >> NO, WE'LL STILL DO IT.

>> YOU'LL STILL DO IT, THANK YOU.

>> YOU MADE THE REQUEST. >> YOU CAN SEE WHY I'M

ADVOCATING FOR THAT. >> YOU MADE THE REQUEST, WE WANT TO BE RESPONSIVE TO THAT. AND EVEN IF THE CODE DOESN'T REQUIRE IT, WE CAN STILL PROVIDE IT.

>> OKAY. ALL RIGHT. THANK YOU. >> A FEW QUESTIONS. SO OUR -- SO YOU'RE ASKING FOR THREE, WHAT -- WHY CAN YOU NOT DO TWO, DO A DUPLEX INSTEAD OF TRIPLEX, THEREBY THAT WOULD ELIMINATE ONE OF YOUR VARIANCES YOU'RE ASKING FOR. WHAT'S YOUR REASONING FOR DOING THREE UNITS? THE SITE PLAN DOES LOOK LIKE IT'S A LITTLE BIT KIND OF CRAMMED ON THIS SITE. IT'S NOT -- IT LOOKS AS YOU'RE -- YOU KNOW, I KNOW THIS IS NOT PLANNING COMMISSION, BUT THIS LOOKS LIKE YOU'RE LOOKING AT THE BACK OF THE BUILDINGS AS YOU'RE DRIVING IN. I'M NOT SURE -- IT DOESN'T LOOK -- I DON'T KNOW WHERE THE FRONT DOOR IS TO THESE UNITS. IT SORT OF LOOKS LIKE A DUPLEX MIGHT FIT THERE BETTER, SO WHAT'S YOUR REASONING FOR DOING A TRIPLEX INSTEAD OF A DUPLEX THAT WOULD

OTHERWISE BE PERMITTED? >> A THREE-UNIT BUILDING UNDER THE ZONING ORDINANCE, UNDER THE R4, AS WE INDICATED, THIS IS SITE PLAN, EVERYTHNG TO OUR NORTH AND EAST IS ZONED R4, BUT IT'S SIX-UNIT BUILDINGS, IT'S ALSO TOWNHOMES. STAFF'S INDICATED AND PROVIDED WITHIN THE STAFF REPORT THERE'S INFORMATION ON THE PURPOSE AND INCENTIVE OF R4. IT EVEN SPECIFIES THAT MULTIFAMILY IS A USE THAT IS THE INTENT TO PROVIDE FOR IN THE R4. THIS IS A SITUATION WHERE IT REQUIRES SPECIAL CONSIDERATION BY THE BOARD OF ZONING APPEALS SO THAT WE DON'T HAVE A SITUATION WHERE THERE'S A MULTI -- LET'S SAY 100 UNITS OF R4, WHERE THE BOARD -- IT'S EXTRA LEVEL OF REVIEW.

IT'S NOT THAT IT'S INAPPROPRIATE. IT'S IDENTIFIED IN THE UDO AS APPROPRIATE FOR THE PURPOSE AND INTENT OF LAY LOUING FOR IT IN THE R4. IT COULD BE DEVELOPED AS A SINGLE-FAMILY HOME. IT COULD BE DEVELOPED AS A DUPLEX, TWO-FAMILY DWELLING, AND IT -- OF A USE THAT IS IDENTIFIED AS

APPROPRIATE WITHIN THE DISTRICT. >> SO NO CONSIDERATION WAS GIVEN TO A DUPLEX, YOU JUST CHOSE THE TRIPLEX THEN. SO WITH EXPANDED LOT COVERAGE WITH THE TOWNHOMES IT LOOKS LIKE YOU'RE LEAVING UP

THE FENCE ON THE EAST SIDE? >> EAST AND THE NORTH.

>> THE WHOLE FENCE IS REMAINING UP. AND WHAT'S THE HEIGHT OF

THIS NEW BUILDING? >> OH, THE HEIGHT OF THE NEW

BUILDING? OR THE FENCE? >> BUILDING OR FENCE?

>> OF THE BUILDING. >> IT'S GOING TO BE LESS THAN

30 FEET. >> IF YOU COULD GET A LITTLE

[00:25:01]

CLOSER TO THE MIC, PLEASE. >> YEAH, SURE. IT'S GOING TO BE LESS THAN 30 FEET. I THINK THE FIRST STORY, GARAGE SECTION, IS 12 OR 14 FEET, AND THEN 10 FEET ON TOP OF THAT FOR THE SECOND STORY. PLUS THE PITCH OF THE ROOF.

>> OKAY. AND THEN AS FAR AS YOU SAID YOU WERE GOING TO PROVIDE SOME SORT OF LANDSCAPING PLAN, AND WHAT DOES THAT LOOK LIKE? ?

>> IT'S ON THE SECOND PAGE OF THE INFORMATION CLEARED BEHIND TAB THREE OF YOUR BROCHURES. IT INLOSE THE FOUR SHADE TREES AND ABOUT A DOZEN SHRUBS HERE. SHADE TREES ALONG THE NORTH PERIMETER.

EVERGREENS ALONG THE NORTH PERIMETER, AND SHRUBS ALONG THE SOUTH PERIMETER WHERE IT'S ADJACENT TO THE PARKING LOT.

>> EXCUSE ME. OKAY. ALL RIGHT. SO THERE'S NO ADDITIONAL LANDSCAPING, I GUESS IT'S THE TALL FENCE THAT GIVES THE TOWNHOMES SOME PRIVACY. AND YOU SAID THESE WERE GOING TO BE RENTAL UNITS, NOT OWNERSHIP UNITS?

>> RENTAL UNITS. >> ALL RIGHT, THANK YOU FOR THE

ADDITIONAL INFORMATION. >> JOHN, MAYBE YOU COULD HELP ANSWER THE QUESTION FOR ME HERE. YOU MENTIONED THAT YOU, REGARDING PARKING, THAT YOU'VE ACTUALLY PROVIDED MORE SPACES THAN REQUIRED BY THE ORDINANCE, IS THAT -- IS THAT WHAT I

UNDERSTOOD? >> YES.

>> OKAY. WELL, MY CONCERN IS THIS, THOSE SIX LOTS ON THE SOUTH OBVIOUSLY ENCROACH INTO WHATEVER'S TO THE SOUTH THERE.

IS THAT A RIGHT-OF-WAY OR SOMETHING?

>> WALNUT STREET HAS A DEDICATED RIGHT- -OF-WAY TO THE SOUTH.

>> OKAY. ON THE OUTSIDE CHANCE THAT YOU DON'T RECEIVE THAT CONSENT, DO YOU STILL HAVE THE APPROPRIATE AMOUNT OF PARKING?

>> YES. >> OKAY. HAVE YOU GIVEN THOUGHT IF YOU'RE GETTING A CONSENT TO ENCROACH WHY YOU COULDN'T WIDEN THE PARKING AISLE INTO THE -- INTO THAT RIGHT-OF-WAY? TO GIVE CIRCULATION -- EXTRA WIDTH TO BE ABLE TO CIRCULATE, YOU KNOW,

CARS THERE. >> IT COULD BE WIDENED TO 24 FEET. THE 20 FEET AT THE ENTRANCE COULD BE WIDENED TO 24 FEET. BUT OUR CLIENT THINKS THAT THAT'S JUST UNNECESSARY PAVEMENT FOR THREE DWELLINGS TO BE SERVED BY A DRIVEWAY THAT WOULD TYPICALLY BE SEEN IN A LARGER COMMERCIAL SETTING.

>> WELL, HONESTLY, I THINK IF YOU GUYS -- FOR THREE APARTMENTS, YOU'VE GOT MORE PARKING THERE THAN YOU REALLY NEED. I MEAN, IF YOU THINK IT'S NECESSARY, I GUESS, YOU KNOW, I'M NOT ONE TO ARGUE WHAT YOU THINK YOU NEED, BUT IT JUST SEEMS LIKE IT -- ESPECIALLY SEEING THAT IT WAS ENCROACHING INTO THE RIGHT-OF-WAY, THAT, YOU KNOW, IT WAS JUST SOMETHING THAT

CROSSED MY MIND, THAT'S ALL. >> THERE'S ALSO -- WHILE THE POTENTIAL IS UNLIKELY, THERE IS THE POTENTIAL THAT WALNUT STREET IS EXTENDED SOME DAY. I'M JUST REPORTING THE NEWS, NOT MAKING IT. IF THAT HAPPENS, THERE'S A BIGGER CHANGE AFOOT TO THE SOUTH AND WITH THE CHURCH AND EVERYTHING LIKE THAT, SO --

>> RIGHT. >> -- NOTHING PLANNED, NOTHING TALKED TO, NO IDEAS THERE, BUT WE DID PUT TOGETHER AN ILLUSTRATION THAT WOULD HAVE TREAS, IF WALNUT STREET WERE EXTENDED IN THE FUTURE, IT WOULD SHOW DRIVEWAYS COMING OUT FROM INDIVIDUAL DRIVEWAYS. DRIVEWAYS INTERSECTING THAT POTENTIAL STREET TO THE SOUTH, AND THERE WOULD BE ADEQUATE ROOM IN THOSE DRIVEWAYS TO PARK TWO VEHICLES IN EACH DRIVEWAY PLUS TWO IN THE

GARAGE. >> OKAY. ALL RIGHT. I THOUGHT I HAD ANOTHER QUESTION, BUT I CAN'T THINK OF IT RIGHT NOW.

THANKS, JOHN. >> THANK YOU.

>> ALL RIGHT, SEEING NO MORE COMMENTS OR QUESTIONS, I WOULD

ENTERTAIN A MOTION. >> I MOVE THAT WE APPROVE THE THREE DOCKETS. I BELIEVE THAT'S THREE.

>> AND THE FINDINGS OF FACT? IS THIS ON CONDITION OF ANYTHING?

>> THE CONDITIONS, I BELIEVE, ARE ENUMERATED IN THE REPORT OF THE DEPARTMENT, IS THAT CORRECT? SO WE HAVE TO ABIDE BY -- WEHAVE

[00:30:03]

TO ABIDE BY THE DEPARTMENT'S -- >> YES, SIR, AND ONE THAT WE WOULD LIKE TO ADD AS A CONDITION OF YOUR APPROVAL -- I APOLOGIZE FOR INTERRUPTING -- WAS THE ADDITION OF THE HANDICAP PARKING

SPOT. >> SO CONDITIONAL APPROVAL.

>> SO I HEAR YOU SAYING YOU MOVE TO APPROVE WITH THE CONDITION OF

-- >> WITH THE CONDITIONS

ENUMERATED IN THE DEPARTMENTS. >> THANK YOU.

>> REPORT. >> AND THE HANDICAP SPACE,

RIGHT? >> OKAY.

>> DO WE HAVE A SECOND? >> SECOND.

>> ALL RIGHT, FIRST AND SECOND, ANY FURTHER DISCUSSION? DID YOU THINK OF YOUR QUESTION? OKAY. ALL RIGHT, ALL IN FAVOR?

>> AYE. >> ANY OPPOSED?

>> AYE. >> ALL RIGHT, THANK YOU. THAT IS

APPROVED. THANK YOU. >> THANK YOU FOR YOUR TIME THIS

[H.(V) Gravelie Pole Barn Variances. ]

EVENING. >> OKAY, OUR NEXT ITEM IS POLE BARN VARIANCES, DOCKETS NUMBER PZ2020500150 V AND 15 -- PLEASE, PLEASE EXIT WITHOUT DISRUPTIONFOR OUR MEETING. ALL RIGHT, LET'S TRY THAT AGAIN, POLE BARN VARIANCES, DOCKET NUMBER PZ 202500150V AND 152V. PETITIONER GO AHEAD, PLEASE, AND

BEGIN WITH YOUR NAME. >>

>> I'M SORRY, I SHOULD HAVE SAID, PUSH THE BUTTON SO YOUR

MIC COMES ON. >> I'M LISA, AND I'M HERE WITH THE PROPERTY OWNER, JIM, WE'RE REQUESTING TWO VARIANCES, ONE ON HEIGHT AND ONE ON SIZE, TO BUILD A 32 BY 48 POLE BARN SLASH GARAGE, BECAUSE THIS IS UPGRADED TO LOOKING VERY NICE, AND IT'S LOCATED AT 945 EAST 101 FIRST STREET AND HOME PLACE. THIS BARN WILL MATCH THIS ONE THAT'S ALREADY EXISTING THAT WE JUST COMPLETED TODAY, AND IT'S USED TO STORE HIS PERSONAL PROPERTY AS WELL AS FOR THEIR POTENTIAL RV AND SOME OUTDOOR EQUIPMENT THAT NEEDS TO BE IN THE HOME RATHER THAN OUTSIDE. AND THE FIRST VARIANCE THAT WE ARE APPLYING FOR IS THE HEIGHT WITH THE MAXIMUM HEIGHT RIGHT NOW CURRENTLY IS 18 FEET TALL, AND THAT'S WHAT THE STRUCTURE'S ALLOWED, AND WE'RE REQUESTING A 19-FOOT TALL STRUCTURE FOR THE HEIGHT OF THE RV POTENTIAL. AND THEN THE NEXT ONE IS THE SIZE, WHICH IS A MAXIMUM OF 24 BY 30, AND WE'RE REQUESTING A 32 BY 48 STRUCTURE. THIS IS WHAT THE AERIAL VIEW LOOKS LIKE OF THE PROPERTY HERE. GET THAT FOR YOU.

OKAY. SO HIS DRIVE IS ON 101ST STREET, AND AS YOU CAN SEE HERE, THIS IS HIS PROPERTY HERE. AND HE HAS THE LONG DRIVEWAY ENTRANCE IN HERE. THERE'S A HOUSE HERE. AND THEN THE SITE HAS HOMES NEXT TO IT. THIS IS WHAT THE GARAGE WILL LOOK LIKE HERE. AND IT'LL BE ALL GRADED, LANDSCAPED, SO IT'LL ALL LOOK REALLY NICE AND AN UPGRADE TO WHAT WAS THERE. AND IT -- I DO WANT TO IT RATE AGAIN IT IS FOR PERSONAL USE ONLY. HE HAS NO BUSINESS THAT'S GOING TO BE RUNNING OUT OF IT. IT'S JUST TO STORE HIS PERSONAL BELONGINGS TO IT. AND THAT IS ALL THAT I HAVE.

IF YOU HAVE ANY QUESTIONS OR COMMENTS.

>> OH, GO AHEAD, DO YOU HAVE SOMETHING TO ADD?

>> HI, I DO APPRECIATE GETTING THE FIRST VARIANCE APPROVED.

THAT TOOK A WHILE. BUT THERE IS NOBODY LIVING REAL CLOSE, CLOSE TO THAT. THERE IS AN EMPTY HOUSE. IT WAS A RENTAL. JUST TO THE WEST. I'VE OWNED THIS PROPERTY ALMOST 12 YEARS, AND JUST BEING SO NOISY UP AGAINST THE INTERSTATE, I THOUGHT OF PUTTING A HOUSE BACK THERE, BUT IT'S LIKE, IT'S SO LOUD. IF IT RAINS, IT'S REALLY LOUD. SO BUT I DO HAVE A LOT OF THINGS I LIKE TO STORE. I'M RETIRING IN THE NEXT YEAR OR SO, AND I LIKE TO -- I HAVE A LOT OF THINGS I NEED TO PUT UP. AND I HAVE HOBBIES AND THINGS AND WOODWORKING AND STUFF LIKE THAT. AND PLUS IT'S A GREAT PLACE FOR IT. I THINK IT'S GOING TO BE AN INSPIRATION. KIND OF IN THAT AREA, IT'S NOT THE BEST OF AREA. SO I THINK IT'LL ENHANCE AS WELL. KEEPING THE LANDSCAPE IN AND UPGRADE MY FENCING AND THINGS LIKE THAT. WE APPRECIATE

[00:35:06]

IT. >> ALL RIGHT, THANK YOU. IS THERE ANYONE HERE TO SPEAK IN FAVOR OF THIS PETITION? ALL RIGHT, IS THERE ANYONE HERE TO SPEAK IN OPPOSITION TO THIS PETITION? OKAY. LET'S HAVE THE CITY -- THE DEPARTMENT REPORT,

PLEASE. >> THANK YOU. SO THIS VARIANCE REQUEST IS FOR A THIRD ACCESSORY STRUCTURE ON THE SITE. CURRENTLY THERE ARE TWO, AS THE PETITIONER STATED, ONE WAS JUST FINISHED BEING BUILT. THE VARIANCES ARE FOR THE BUILDING FOOTPRINT AND THE HEIGHT. THERE IS, YOU KNOW, SINCE 2011 THERE IS ZONING HISTORY ON THE SITE, AND THAT'S SPELLED OUT IN THE STAFF REPORT.

BUT ULTIMATELY, THE PRIOR ACCESSORY STRUCTURE WAS APPROVED WITHOUT HAVING A PRIMARY STRUCTURE OR HOUSE ON THE PROPERTY. PLANNING STAFF IS WORKING ON GETTING A FEW REMAINING REVIEW COMMENTS ADDRESSED, AND THOSE ALSO INCLUDE COMMENTS FROM THE CARMEL ENGINEERING DEPARTMENT. SO THOSE ARE BEING WORKED ON BY THE PETITIONER. PLANNING STAFF GENERALLY SUPPORTS THE VARIANCE REQUEST AS LONG AS THERE'S NO EVIDENCE OF COMMERCIAL USE OR OUTDOOR STORAGE. ONE OF OUR CONCERNS IS THAT, YOU KNOW, WITH THIS HAVING THREE ACCESSORY BUILDINGS ON THE SITE THAT IT'S BECOMING MORE MAYBE STORAGE/WAREHOUSING TYPE OF A CHARACTER RATHER THAN, YOU KNOW, RESIDENTIAL IN CHARACTER. SO THAT'S ONE OF OUR CONCERNS WE'D LIKE THE BOARD TO JUST AT LEAST CONSIDER. BUT OTHER THAN THAT, PLANNING STAFF GENERALLY RECOMMENDS POSITIVE CONSIDERATION OF THE VARIANCE WITH THE TWO CONDITIONS THAT THERE IS NO EVIDENCE OF COMMERCIAL USE OR STORAGE ON THE SITE AND THE PETITIONER ADDRESSES ALL REMAINING --

>> ALL RIGHT, THANK YOU. BOARD, COMMENTS AND QUESTIONS. SALIM,

GO AHEAD. >> THIS WOULD BE THE THIRD POLE BUILDING THAT YOU'RE PUTTING UP IN THAT PROPERTY, CORRECT?

>> THAT IS CORRECT AT THIS TIME, BUT THE PROPERTY OWNER HAS POTENTIAL TO BUILD A HOME IN FRONT, AND THAT FIRST ACCESSORY

STRUCTURE WOULD COME DOWN. >> THAT'S MY QUESTION. THE WHOLE PROPERTY'S 1.1 ACRES. YOU ALREADY HAVE THREE POLE BUILDINGS ON THERE. HOW FAR APART THEY ARE AND YOU HOST TWO BUT YOU'RE BUILDING A THIRD BEFORE YOU BUILD A HOUSE.

>> RIGHT. >> HOW MUCH ROOM WOULD YOU HAVE

LEFT FOR THE HOUSE? >> OH, THERE'S LOTS OF ROOM.

PLENTY OF ROOM. >> LOTS OF ROOM. OKAY.

>> PLENTY OF ROOM. FOOTAGEWISE I WOULD PROBABLY SAY IN THE NEIGHBORHOOD OF AROUND 80 BY 90 FEET SQUARE, ENOUGH ROOM TO

BUILD ANOTHER HOME. >> OKAY. I SHARE THIS -- THE STAFF'S CONCERNS ABOUT YOUR VARIANCES. THERE HAS BEEN A NUMBER OF VARIANCES ISSUED TO YOU WITHOUT THE FACT THAT THAT IS A PRIMARY BUILDING ON THERE, WHETHER IT'S A HOME OR WHATEVER. AND YOU'RE PROMISING OF PUTTING A HOME IS NOT REALLY A VALID PROMISE, AS FAR AS I CAN TELL. SO YOU TELL THE STAFF THAT

THIS IS FOR PERSONAL USE. >> YES, YES.

>> IF IT'S NOT TOO PERSONAL, COULD YOU TELL ME WHAT YOU'RE

STORING IN THERE? >> WELL, MOTOR HOME. I'VE GOT

OLD CARS. I HAVE -- >>

>> I'M ALWAYS IN TROUBLE. CAN YOU HEAR ME OKAY? OKAY. I HAVE AN OLD CAR. MY EXISTING GARAGE RIGHT NOW THAT'S BUILT BACK IN 1956 OR SOMETHING LIKE THAT, I WANTED TO TEAR IT DOWN. AND THEY -- CARMEL SAID, NO, YOU CAN'T TEAR IT DOWN, YOU GOT TO SHORE IT UP. SO 12 YEARS AGO WE SHORED IT UP AND ALL THIS. I WANTED TO BUILD A POLE BARN IN THE BACK AND GET RID OF THAT FIRST GARAGE. AND BUT MY INTENT IS, INITIALLY, TO GET RID OF THAT OLD GARAGE. BUT I WANT TO BUILD ANOTHER BARN IN THE BACK.

CERTAINLY NOT A FULL POLE BARN, A FULL FRAME STRUCTURE GARAGE.

>> OKAY, YOU HAVE A CAR STORED IN ONE OF THEM. WHAT DO YOU HAVE

STORED IN THE OTHER TWO? >> OLD TRACTORS AND FURNITURE

AND MISCELLANEOUS. >> I SEE. OKAY. THANK YOU.

>> THANK YOU. >> SO YOU DON'T LIVE ON THIS

PROPERTY. >> NO.

>> NO. >> NOT YET.

>> ARE YOU -- WILL YOU COMMIT TO NOT BEING -- NOT USING IT AS RENTAL FOR OTHER PEOPLE? I MEAN LIKE THEY WANT TO PUT THEIR

[00:40:01]

MOTOR HOME IN YOUR BARN. >> CORRECT, YES. YES, I WOULD

COMMIT TO THAT. >> AND IF YOU WERE TO DO THAT,

WOULD YOU TEAR IT DOWN? >> THE ORIGINAL?

>> NO, WOULD YOU TEAR THE BARN DOWN IF YOU STARTED USING IT AS A BUSINESS INSTEAD OF PERSONAL USE.

>> OH YEAH, YOU SAY I'M IN VIOLATION, NEED TO GET RID OF

IT. DOES THAT SOUND FINE? >> I'VE NEVER SEEN IT APPROVED TO PUT THIS MANY ACCESSORY BUILDINGS ON A PROPERTY WITHOUT A HOME THERE. I'M CONFUSED BY THIS.

>> I UNDERSTAND. >> HE DID APPLY, THOUGH, TO TEAR THAT ORIGINAL BUILDING DOWN BUT WAS DENIED TO TEAR IT DOWN. SO

IT CAN COME DOWN. >> YOU GOT A PICTURE OF THAT?

>> I DO. >> CAN I ASK STAFF, DID WE TELL THEM HE COULDN'T TEAR THE ORIGINAL BUILDING DOWN?

>> I REALLY DON'T KNOW WHY WE WOULD DENY THEM TEARING DOWN AN OLD BUILDING. I'D HAVE TO DO SOME RESEARCH ON THAT.

>> OKAY. >> YEAH.

>> HE DID HAVE TO REINVEST IN THAT AND BUILD IT UP AND PUT SOME SIDING ON IT. BECAUSE WE DO HAVE A PICTURE OF WHAT IT LOOKED

LIKE. GIVE ME JUST A MOMENT. >> IT MIGHT HAVE BEEN THAT CODE ENFORCEMENT MADE THEM SHORE IT UP FOR STRUCTURAL INTEGRITY BECAUSE IT WAS IN DISREPAIR. THAT'S PROBABLY.

>> WHEN I READ THROUGH THE PAST PETITIONS, I THOUGHT I READ THAT WHEN THEY REQUESTED THE SECOND ONE, BECAUSE THE FIRST ONE WAS IN DISREPAIR, IT WAS A CONDITION ON BUILDING THE SECOND ONE.

>> THAT SOUNDS RIGHT. >> OKAY.

>> WAS THAT ACCURATE? THAT WHEN YOU BUILT THE SECOND BARN THEY TOLD YOU YOU HAD TO SHORE UP THE FIRST ONE BEFORE YOU BUILT THE SECOND ONE? THAT'S DIFFERENT THAN SAYING YOU CAN'T TEAR IT DOWN. THOSE ARE TWO DIFFERENT TOPICS.

>> YEAH, THEY DENIED ME TO TEAR IT DOWN. THEY SAID IF YOU TEAR THAT GARAGE DOWN, YOU CAN'T PUT NOTHING BACK BECAUSE THERE'S

NOT A HOUSE. THAT MAKE SENSE? >> BUT YET WE'RE GOING TO APPROVE A THIRD BUILDING WITHOUT A HOUSE?

>> WELL, I'D BE GLAD TO GET RID OF THE OLD 1950 -- I GOT TWO

STRUCTURES NOW. >> I WOULD BE RELUCTANT TO APPROVE TWO BUILDINGS WITHOUT A HOUSE. I MEAN, IT JUST -- IT DOESN'T SEEM LIKE WE'RE GOING IN THE RIGHT DIRECTION.

>> OKAY. HERE IT IS. >> JUST MY OPINION.

>> THIS IS WHAT THEY WOULDN'T LET ME TEAR DOWN. OKAY? WHY DON'T YOU LOOK AT THIS. DON'T WORRY ABOUT THE SIGN.

>> SO HE BUILT THAT UP, BUT IN FACT HE IS WILLING TO TEAR IT

DOWN. THAT'S NOT A PROBLEM. >> LOOK AT THAT. THIS IS STILL

STANDING. >> DO YOU HAVE STORAGE IN THERE?

>> YEAH, YEAH. >> YES, HE DOES. HIS CAR'S IN

THERE. >> THE ROOF IS GONE ON TOP. IT WAS READY TO FALL DOWN. THEY SAID, NO, YOU CANNOT TEAR THAT DOWN. IF YOU TEAR IT DOWN, YOU CAN'T BUILD NOTHING. I GO,

WHAT? >> ALL RIGHT, I'M NOT SURE THAT THAT'S -- WE WOULD HAVE TO CHECK THE FACTS ON THAT. THAT DOESN'T SOUND LIKE WHAT I'M HEARING FROM THE CITY. BUT WE'RE NOT HEAR ABOUT TEARING DOWN A BARN. SO WE DON'T NEED TO EVEN

DISCUSS THAT. >> OKAY. IN YOUR MINDS I'M JUST TRYING TO SAY, IF THIS ONE'S AN ISSUE STOPPING YOU FROM BUILDING ANOTHER ONE, I'D BE GLAD TO GET RID OF IT.

>> GOT YA, FAIR ENOUGH. CHRISTINE?

>> YEAH, SO I SHARE EVERYBODY'S SAME CONCERNS THAT THIS IS A RESIDENTIAL NEIGHBORHOOD AND SO TO HAVE THIS MANY BARNS ON ONE SITE IS CONCERNING. CAN YOU SHOW A PICTURE, I THINK YOU HAVE SOME SORT OF SITE PLAN, SHOW WHERE THE TWO BARNS ARE NOW AND WHERE YOU'RE GOING TO SHOW THE THIRD BARN SO I CAN SEE WHAT THAT LOOKS LIKE ON A SITE PLAN IF POTENTIALLY ALL THREE WERE HERE.

>> I CAN SHOW YOU WHAT I HAVE HERE, AND HERE IS FIRST STREET AS YOU -- LET ME TURN THAT THE RIGHT WAY FOR YOU. OKAY, FIRST STREET, AND YOU COME IN HERE, THE BARNS WOULD BE SIDE BY SIDE, ABSOLUTELY IDENTICAL. WHEN YOU GO BACK TO THIS PICTURE, I CALLED IT A GARAGE, BUT IT'S REALLY A BARN. AND HERE'S A MORE ENHANCED PICTURE OF THAT -- OF THAT HERE. IT'S BASICALLY A TWO-CAR GARAGE. IT DOES HAVE THE HEIGHT FOR THE RV ON IT AS WELL.

THEN WHEN YOU COME BACK THE ORIGINAL GARAGE IS RIGHT IN HERE AND IT'S A ONE-CAR GARAGE, FRONT ENTRANCE, BACK ENTRANCE, AND HE HAS ALREADY CLEANED UP ALL THE AREA FROM WHERE IT WAS AND HE IS WILLING TO TAKE THAT DOWN, WHICH POTENTIALLY WHAT HE'S GOING TO DO ANYWAY IN THE FUTURE AND ONCE HE MOVES ALL OF HIS THINGS INTO THE OTHER TWO BARNS. BUT THEY ARE SIDE BY SIDE. THERE IS APPROXIMATELY EIGHT FEET BETWEEN THEM. WITH

[00:45:02]

STILL HAVING THE PROPERTY LINES ALL AROUND.

>> OKAY. >> SO IN ADDITION THAT THERE IS PLENTY ROOM UP FRONT TO BUILD A HOUSE FOR WITH THE ENTRANCE TO IT. AND THOSE GARAGES, FULL BARN, WOULD BE SET BEHIND THE

HOUSE. >> THANK YOU.

>> WHERE WILL THE HOUSE GO? >> THERE'S ENOUGH -- THERE'D BE ENOUGH ROOM TO BUILD TWO HOUSES ON THERE.

>> ON THAT MAP, WHERE DOES IT GO?

>> IT WOULD GO -- OKAY, SO THIS IS THE FRONT PROPERTY HERE.

RIGHT BEHIND THERE, THERE IS 111 FEET. THIS IS WHERE THE GARAGE IS CURRENTLY. YOU TAKE THIS GARAGE OUT, YOU HAVE ALL THIS SPACE HERE TO BUILD IN PLACE OF THE GARAGE. MM-HMM.

>> ANYTHING ELSE FROM ANY OTHER BOARD MEMBERS?

>> NOTHING. >> OKAY. SO IF WE PLAY BACK THE TAPE, YOU SAID EARLIER THAT YOU DIDN'T SEE A REASON TO BUILD A PRIMARY RESIDENCE THERE, WHICH IS CONTRARY TO SOME OF THE DOCUMENTATION, AND I HAVE A BIG PROBLEM WITH DOING -- APPROVING ÚVARIANCE UPON VARIANCE UPON VARIANCE AND THERE STILL IS NOT A PRIMARY RESIDENCE AND THIS IS ZONED R1 RESIDENTIAL, SO I AM NOT IN FAVOR OF THIS. I WOULD ENTERTAIN A MOTION.

>> MAY I ADD SOMETHING? CAN IT BE WITH A CONDITION TO TEAR THAT

GARAGE DOWN? >> I'M ASKING THE BOARD IF

THERE'S A MOTION. >> OKAY.

>> FIRST. >> I APOLOGIZE.

>> MADAME PRESIDENT, I WANT TO CLARIFY BECAUSE OF DIFFERENT RULES AND THOUGHTS BETWEEN THE DIFFERENT BOARDS. WE MAKE MOTIONS IN THE POSITIVE, OKAY? SO I WILL MOVE TO APPROVE.

>> OKAY, WE HAVE A MOTION -- >> FOR THE SAKE OF DISCUSSION, I

SECOND. >> THANK YOU, I HAVE A FIRST AND SECOND, ANY FURTHER DISCUSSION? OKAY, THEN WE WILL GO AHEAD AND VOTE. ALL IN FAVOR? ALL RIGHT. ANY OPPOSED?

>> AYE. >> ALL RIGHT. THE PETITION IS

DENIED. >> THANK YOU.

>> THANK YOU. >> AND ANY OTHER BUSINESS TO COME BEFORE THE BOARD?

* This transcript was compiled from uncorrected Closed Captioning.