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Fourth, in the way this entire matter has been handled a signal is sent to the community at large that
our planning and zoning ordinances and policies are not administered on an impartial basis.
Granting of Mr. Lazzara's request would bolster that perception.
The operation of this tent violates and has violated for many months, both the city's noise ordinance
and the city's zoning code. The pleas ofthe neighbors to the city to enforce the noise ordinance fell
on deaf ears until Councilor Sharp and I became involved. That should not have been the case.
estions to the Department of Community Services about the appropriateness of a permanent or
semi-permanent tent in the Meridian Corridor, the economic generator for the community, even
from Council members, were met with little more than a nod. Requests to the Carmel police
Department to enforce the noise ordinance were simply met with inaction.
I have been lobbied by a friend of Mr. Lazzara to not press the enforcement of both our noise
ordinance and our zoning code based on the thought that, "Chuck is a good person and a long-time
Carmel businessman". I am fully in agreement with both ofthese thoughts. However, when that was
said to me I winced. What I wanted to say to the person who was lobbying me was, "Is that the way
you want all of our ordinances enforced .., based on whether the business person has been in the
community for a long time? The person who lobbied me was advocating simply that the ordinances,
rules and regulations ofthe community not be administered impartially and fairly. That person is
suggesting that the city administer the ordinances based on preferential treatment. From my point of
view, Carmel has not done that in the past and should not do that now.
The Department of Community Services has suggested to Mr. Lazzara that he could and should
design a building that is permanent, that still provides his patrons with the open-air feel for which
they are looking, would contain the sound, and would fit in with the community standards from an
architectural standpoint. The suggestion carried further is that this could be a glass structure. It is
my understanding that these suggestions have been met with the comment, "Well, I have already
spent $100,000 on this tent and it works just fine." Think about what your reaction or the reaction of
the Plan Commission members would have been to Mr. Lazzara ifhe had come before you prior to
design and construction and said, "I am only going to build a tent on the Corridor to supplement my
wedding reception business. It will cost a $100,000, but it will still be a tent." I can almost
guarantee you that he would not have gotten to first base with either body. In fact, such a proposal
would not have even gotten out of the DOCS staff meetings. Even though it is after the fact, Mr.
Lazzara should not be granted approval of his petition. Please deny it.
,~.....,//
Sincerely,
Ronald E. Carter
City Council, At-Large
1311 Ridge Road - Carmel, IN 46033 - 317/710/0162