HomeMy WebLinkAboutLetter #01 Anne Hensley PoindexterMember Attorneys
Christine Crull Altman
Anne Hensley Poindexter
Scott Peckham Wyatt
Of Counsel
John D. Proffitt (Retired)
ALTMAN, POINDEXTER & WYATT LLC
90 Executive Drive, Suite G
Carmel, Indiana 46032
Telephone: 317-350-1000
Fax: 844-840-3461
www.apwlawyer.com
May 27, 2020
Anne Hensley Poindexter
Email: apoindexter@apwlawyer.com
Mike Hollibaugh, Hearing Officer
Carmel Plan Commission
One Civic Square
Carmel, Indiana 46032
(VIA EMAIL: mhollibaugh@carmel.in.gov)
Re: Docket No. PZ-2020-00022
Docket No. PZ-2020-00023
Dear Mike:
I am writing on behalf of my client B & D Carmel Properties LLC concerning the Firehouse
project and the ordinances and resolution to be discussed at your scheduled virtual meeting on
May 28, 2020. As background, please understand that my client began an extensive search in
2005 for the relocation of its 40-year old dental practice with enough parking to accommodate my
client’s twenty plus employees and many patients. Ultimately, my client purchased the empty lot
and built their building on 912 Rangeline Road. In connection with the purchase, they desired to
acquire ownership of the parking lot but instead were provided perpetual easement rights and
informed that no construction could take place on the parking area due to contamination. My client
has made significant investments in this property and have likewise invested in the easement rights.
B & D has paid for a share of the mowing, landscape care, and snow removal. The availability of
parking is essential to their continued business operations.
For some time now, the Carmel Redevelopment Commission has requested changes to our
client’s easement. Respectfully, our client has declined to change or release the easement. The
requested changes and/or release of the easement would not only impact the day-to-day operations
of the business in a negative manner but would also devalue the building.
The proposed 3-hour parking limitation currently under consideration does not provide a
solution for this issue. In fact, it only serves to compound the issue for our client. It would
effectively prevent our client’s employees and some patients from parking in the lot. It is important
to consider that 3-hour parking limitations are not an effective deterrence in Carmel. Individuals
in the downtown Carmel area regularly ignore the limitation and choose to pay the minimal fine.
B and D Carmel Properties LLC
May 27, 2020
Page 2
Often, individuals consider the payment of this parking fine as similar to a “parking fee” that they
would otherwise pay to park in downtown Indianapolis. Moreover, if the 3-hour restriction was
enforced then patients with extended procedures would risk tickets or even towing.
The parking issue is also not just a theoretical future problem. On Thursday, May 21st,
while a portion of the parking was occupied by construction traffic, a patient complained at 10:00
a.m. that there was not an open spot in the entire lot. The Cornerstone Dentistry office manager
went and checked the lot to verify at that time the entire lot was filled with no open spaces. Yet,
the proposed project would serve to eliminate by our count 44 spaces in this same lot. This is
simply not workable.
My clients regret the necessity of filing comments against a proposed project and at the
same time are surprised and disappointed that the project would be at this stage given their
existence of easement rights and their continued desire to protect the same. Respectfully, B & D
Properties LLC objects to the applications under consideration today as the Firehouse Square
Project will have a detrimental impact on my client’s easement rights.
Very truly yours,
ALTMAN, POINDEXTER & WYATT LLC
Anne Hensley Poindexter
Member Attorney
cc: jshestak@carmel.in.gov