HomeMy WebLinkAboutPlanning Director's Follow-Up Letter_05-18-18CITY OF CARMEL
JAMES BRAINARD, MAYOR ��
SENT VIA EMAIL - RETURN RECEIPT REQUESTED
�o
Michael Wukmer
Ice Miller LLP
One American Square, Suite 2900
Indianapolis, IN 46282-0200
May 18, 2018
RE: November 2017 Director's Determination - Lucas Estate and Party Hall
1303 and 1143 W. 116`h Street, Carmel, IN 46032
Tax Parcel ID Nos. 17-13-03-00-00-028.112 and 17-13-03-00-00-001.001
Dear Mr. Wukmer:
This letter serves as follow up to our recent meeting regarding the above referenced matter,
and is intended to add clarity to the City's position on this matter.
As you are aware, the Property is zoned S-1/Estate Residential. A Commercial Use, defined
in the Unified Development ,Ordinance (UDO), Chapter 11, is not a permitted use on
residentially zoned property without proper approvals from the City of Carmel.
On October 23, 2017, the Carmel Board of Zoning Appeals (the "BZA') denied the Use
Variance and Development Standards Variances sought by your client to operate a
commercial Special Events Venue on the Property, Docket numbers 17040002-6 UV, V.
Testimony from adjacent property owners at the BZA hearing voiced concerns about the
number and types of events on the property, amplified noise and music, late hours of the
events and safety concerns from traffic.
As the BZA denial was not appealed by your client, the decision made by the BZA is final
and valid; any non-compliance with the Board's decision is now legally enforceable against
your client by the City of Carmel.
It is important to point out the Use of the Property by Mr. Lucas for legitimate residential
purposes, including for private parties and fundraising events sponsored by and hosted by the
Lucases, is not an issue to the City of Carmel.
Non-compliance, as it pertains to the Property and the BZA's decision, means the use of the
Property for Uses not permitted in the S-1 Residence District, such as a Catering
Establishment, Private Club/Lodge, or Meeting/Party Hall, or to conduct for -profit events
which compete with private enterprise on real estate properly zoned for Business purposes.
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH. DIRECTOR
The City does not intend to prohibit the Lucases from opening the Property to guests at
Outdoor Special Events for political and other non-profit fundraising activities. However, the
continued internet advertisement of the Lucas Estate for weddings and other special events at
the Property appears to contradict statements by Mr. Lucas that the property is not being
offered as a commercial venue for weddings or other special events. Social media postings
and images send mixed signals to the Department, to neighbors and to the business
community about whether the Use of the Property is for residential purposes only.
It is important that the Lucas Estate clarify in writing the intended use of the Property from
this point forward to be solely for residential purposes, and further establish that the
gatherings on the property and use of the buildings and site improvements are consistent with
the UDO and Carmel City Code.
Key points that need clarified by Mr. Lucas are:
• That the use of social media and internet advertising of the Property as a venue for
weddings and other events will be discontinued, as previously communicated.
• That Outdoor Special Events at the Property which the Lucases desire to sponsor and host
will not charge fees, surcharges, or other forms of payment for use of the Property.
• That Outdoor Special Events at the Property will be limited to private events for friends
and relatives of the Lucases, except for Events for the benefit of non-profit organizations
or political or charitable causes sponsored and hosted by the Lucases.
• That the frequency and duration of Outdoor Special Events at the Property will not be a
detriment or be a nuisance to adjacent residential property
• That an Outdoor Special Event — Temporary Use Permit will be obtained for each
respective, applicable event;
• That Outdoor Special Events will comply fully with Carmel's noise ordinance, as well as
with other City Code provisions pertaining to public nuisance
Upon receipt of a written response to the above, it is my intent to amend/clarify the previous
Director's Determination, or, possibly withdraw it in its entirety.
Should you have any questions or concerns, please feel free to contact me directly at (317)
571-2422 or mhollibaugh(akarmel.in.gov.
Very truly yours,
Micha P. HolliZDirector
Department of Cervices
copy: Lucas Family Living Trust, 302 N. Sheridan St. Corona, CA 92880-2067
Timothy Ochs, Ice Miller
Douglas Haney, Carmel Corporate Council
Jim Blanchard, Building Commissioner