HomeMy WebLinkAboutPlanning Director's letter to Ice Miller_08-22-18 • 1
AUG 2g201B
CITY OF CARMEL By
JAMES BRAINARD, MAYOR
August 22, 2018
Mr. Michael Wukmer
Mr. Timothy Ochs
Ice Miller LLP
One American Square Suite 2900
Indianapolis, IN 46282
Email: Michael.Wuklner(d),icemiller.com; Timothy.Ochs@icemiller.coln
RE: Director's Determination-Lucas Estate and Party Hall
1303 and 1143 W. 1161h Street, Carmel, IN 46032
Tax Parcel ID Nos. 17-13-08-00-00-028.112 and 17-13-03-00-00-001.001
Dear Mr. Wukmer and Mr. Ochs:
This letter serves as notice to you and your client that I hereby withdraw the November 9, 2017
determination that relates to the aforementioned Property that I made in my capacity as the
Director of Community Services ("Determination"). My original intent of the Determination
was twofold; to clarify the application of the September 25, 2017 Letter of Decision from the
Board of Zoning Appeals ("BZA Order") to the operation on the Property of a Special Events
Venue/Meeting or Party Hall in the S-1 Residential Zone, and to explain that despite the BZA
Order, the City of Carmel Unified Development Ordinance ("UDO") would allow a limited
number of Short-term Outdoor Special Events as a Temporary Use on the Property. Pursuant to
my authority under UDO 1.27, I interpreted the text of the definitions for "Special Event,
Outdoor" and "Use, Temporary to mean that your client could hold an outdoor short-term
entertainment styled special events once per season, for a maximum of four (4) events per year.
However, your client disagreed with my interpretation of the UDO and appealed the
Determination.
Throughout the appeal, the City of Carmel attempted to negotiate a settlement agreement with
your client. Unfortunately, even after formalized mediation efforts, any attempt to achieve a
reasonable resolution failed. Therefore, it now seems prudent to withdraw my Determination
and allow the BZA Order to stand on its own merits, without any attempt at further clarification
or interpretation by me.
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH, DIRECTOR
August 22, 2018
Page 2
My decision to withdraw the Determination has no effect upon the BZA Order. As it was not
appealed, it remains in effect and can be enforced to the fullest extent of the law. Failure to
comply with the BZA Order may result in the City of Carmel pursuing enforcement action
against your client.
Sincerely yours,
Michae P. Holli , Director
Department of Community Services
City of Carmel, Indiana
CC: Lucas Family Living Trust, 302 N. Sheridan St. Corona, CA 92880-2067
Richard Norris,Norris Choplin Schroeder LLP
Jim Blanchard, Building Commissioner
Douglas C. Haney, City of Carmel Corporation Counsel
Carmel Board of Zoning Appeals
40.01 ...It re4