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HomeMy WebLinkAboutLetter #01 David SheltonDEFuRVORAN Attorneys, Business Counselors &Neigbbors October 22, 2019 City of Carmel Attn: Joe Shestak, Secretary Board of Zoning Appeals One Civic Square Carmel, Indiana 46032 Re: Jason and Sarah Sprunger ("Petitioners") Docket No. 19070011 V (the "Petition") Dear Members of the City of Carmel Board of Zoning Appeals: David A. Shelton, Esq. dshelton@defur.com We represent homeowners Rex and Lizzette Brown (the "Browns") and Larry and Carrie Delia (the "Delias"). The Browns and the Delias own homes immediately adjacent to Petitioners' northern (rear) property line. Because of their location, the subject Petition directly impacts both the Browns and the Delias. For the reasons that follow, the Browns and the Delias oppose the Petition and respectfully ask that the Petition be denied. The Petitioners purchased two oddly shaped contiguous platted lots, Lot 8 and Lot 9, located on a cul-de-sac within the Towne Oak Estates at Carmel Subdivision. In their original Application to obtain certain variances of the Development Standards applicable to these Lots (the "Original Petition"), Petitioners indicated that the variances were needed because they "would like to build a new home in the center of both Lots." Further, in addressing the practical difficulties that the strict application of the terms of the Unified Development Ordinance would have on the use of their Lots, Petitioners in their Findings of Fact, provided the following: We have purchased two lots to build one home. The lots are awkwardly shaped for one home on each lot. The design of our home would not be aesthetically pleasing on one lot. We would have to try and re -sell a lot & redesign home, if we are denied. (See Findings of Fact Sheet adopted by the Hearing Office on December 18, 2018). Based upon the Commitments Concerning the Use and Development of Real Estate in which the Petitioners committed to treat both Lots as a single Lot, as expressly represented in their Petition which do not permit the construction of a single family home or other similar structure on Lot 9, the Original Petition was approved. As a result, the Petitioners were able to build their home as desired spanning both Lots 8 and 9 with their home and connecting improvements. No redesign of their original home plan or placement was needed and there was no need to carry forward with the threat of trying to resell one of the Lots in the event of a denial 8409 Fishers Centre Drive, Fishers, Indiana 46038 Telephone: (317) 585-8085 ♦ Facsimile: (317) 585-8858 www.deiur.com City of Carmel Board of Zoning Appeals October 22, 2019 Page 2 of 3 was necessary. Despite the foregoing, Petitioners now seek to undo their Commitments after receiving substantially all benefits from the approval of the Original Petition. Petitioners' Existing Commitments are consistent with Petitioners' treatment of Lots 8 and 9 as a single buildable lot. The Commitments were provided by the Petitioners to address the obvious concern that Lot 9 would later be sold by the Petitioners or others and another home built near the rear of Lot 9. The reason that the Commitments were required in the Original Petition was to preclude exactly what the Petitioners are now trying to accomplish. This new Petition is not a situation where the Petitioners decided not to go through with their original plans and would like to return to the status quo. The home's construction is well underway, so it's too late to return the two Lots back to the original design since the variances have allowed the Petitioners to treat the Lots as a single buildable lot thereby allowing them to build their aesthetically pleasing home as requested in the Original Petition. With the sole exception of choosing not to install a swimming pool on their property, the Petitioners have located and built their home and improvements on the Lots consistent with the variances granted to them as shown in the Plot Plan and included with the Original Petition. The Petitioners' decision not to install a swimming pool is in no way a change of circumstances sufficient to justify vacating Petitioners' Commitments. Given that Petitioners have otherwise reaped the benefit of their variances, requesting that the Commitments now be vacated to suit Petitioners' desire to sell Lot 9 for construction of a single-family home is duplicitous at best. The location of the Petitioners' house and driveway leaves only the rear of Lot 9 to construct another house. The rear of Lot 9 abuts both the Browns' and the Delias' lots and therefore this issue is understandably of great importance to both neighbors. If the Commitments are vacated, a home could be constructed that would have to be located further to the rear of Lot 9 as compared to the rear yards established by the location of Petitioners' home and the other homes on Petitioners' street standing out as uniquely odd. The Browns' and the Delias' homes would be directly impacted by the diminishment of the rear yard separation established by the existing homes. Such a situation would compromise the privacy and enjoyment of each of their backyards with any home constructed on Lot 9 being forced to be situated much closer to the Browns' and Delias' backyards unlike the other homes along the street. The Board of Zoning Appeals should not have to become involved with the ongoing development whims of the Petitioners. The Petitioners chose to situate their home on Lots 8 and 9 with these Lots combined into one lot, necessitating the Original Petition. The Petitioners now use the pretext of not installing a swimming pool to justify vacating the Commitments. While the swimming pool may no longer be an issue for the Petitioners, the concerns regarding development of the remaining portion of Lot 9 and its impact on the Petitioners' neighbors has not changed. 8409 Fishers Centre Drive, Fishers, Indiana 46038 Telephone: (317) 585-8085 ♦ Facsimile: (317) 585-8858 www.defur.com City of Carmel Board of Zoning Appeals October 22, 2019 Page 3 of 3 For the above reasons, we again respectfully request that the Petitioners' request to vacate the Commitments be denied. We appreciate your consideration and time. Very truly yours, DEFuR VORAN, LLP C David A. Shelton, Esq. DAS/dec cc: Rex and Lizette Brown Larry and Carrie Delia Fredric Lawrence, Esq. 8409 Fishers Centre Drive, Fishers, Indiana 46038 Telephone: (317) 585-8085 ♦ Facsimile: (317) 585-8858 www.defur.com