HomeMy WebLinkAbout13633 Carey Rd - Fair Housing and Thoroughfare plan letter 2-29-20Department of Community Services
One Civic Square, Carmel, IN 46032 Phone 317.571.2417, Fax 317.571.2426
Michael P. Hollibaugh, Director
February 29, 2020
Mr. Daniel Lauber AICP
Law Office of Daniel Lauber
7215 Oak Avenue
River Forest, IL 60305
RE: Reasonable Accommodation Request - 13633 Carey Road
Dear Mr. Lauber:
This is letter is written response to your reasonable accommodation request letter dated February
4, 2020, regarding two issues that affect the proposed construction of a Group Home at the above
referenced address.
The first issue is whether the City finds that residents who are frail, elderly and with dementia
and/or Alzheimer’s are allowed by right to live in a Group Home. The second issue is whether the
proposed reconstruction project proposal requires dedication of right-of-way and the construction
of pedestrian improvements.
Accommodation Request #1- Group Homes
The City is familiar with and understanding of Federal Law and related case law regarding Fair
Housing, and is appreciative for the insight provided in your February 4 th letter to supplement that
understanding.
Your observation that the City’s definitions for ‘Group Home’ and ‘Family lay’ a foundation for
accommodation of the frail elderly as protected and eligible to reside in a Group Home is accurate,
especially when considering:
•that group homes by law are considered a residential not commercial use;
•Indiana law prohibits local government from using land use controls to prevent group homes for
the developmentally disabled or mentally ill in residential areas;
•the Fair Housing Act does not allow a public or private entity to discriminate against person s
with all forms of disabilities;
•that persons with Alzheimer’s and dementia are indeed disabled
When considering the above facts with the general context that the Camel Unified Development
Ordinance (UDO) allows Group Homes in residential areas pursuant to Indiana law, it is
Department of Community Services
One Civic Square, Carmel, IN 46032 Phone 317.571.2417, Fax 317.571.2426
Michael P. Hollibaugh, Director
Mr. Daniel Lauber AICP page 2
RE: Reasonable Accommodation Request - 13633 Carey Road
acknowledged and agreed the frail elderly with Alzheimer’s and dementia are a protected class,
therefore eligible to reside in a Group Home.
Accommodation Request #2 – Transportation Plan
The proposal by Story Custom Development LLC to tear down the existing house and reconstruct to
a ten bed Group Home would fall within the definitions for Improvement and Substantial
Improvement found in Chapter 11 of Carmel’s Unified Development Ordinance (UDO).
Improvement: Any change in Use, any major exterior remodeling of a Structure or grounds, any
addition to a Structure or parking area, or any interior remodeling of over thirty percent (30%)
of the gross square footage of a Structure.
Improvement, Substantial: Any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the
structure before the “start of construction” of the improvement. This term includes structures
that have incurred “substantial damage” regardless of the actual repair work performed. The
term does not include improvements of structures to correct existing violations of state or local
health, sanitary, or safety code requirements of any alterations of a “historic str ucture,”
provided that the alteration will not preclude the structure’s continued designation as a “historic
structure.”
This reconstruction project would in turn trigger Compliance with the standards of the City of
Carmel, which includes the Transportation Plan, per Section 1.07 of the Unified Development
Ordinance (UDO), which reads as follows:
E. Transportation Plan: In addition to meeting requirements of Americans with Disabilities Act
(ADA), all projects and Improvements or authorizations under the planning jurisdiction that
adjoin, include, are served by or affect existing streets bearing a designation in the
Transportation Plan shall conform to the requirements of the Transportation Plan Section of the
Comprehensive Plan in regard to:
1. The dedication of public Rights-of-way;
2. Design and construction of the improvements indicated by the Transportation Plan across the
roadway frontage of the project;
3. Setback; and
4. Any other affected development standards.
The City’s Transportation Plan is located in the C3 Comprehensive Plan. The adopted cross –section
for a Local Street, in this case Beech Drive, is a fifty-six foot (56’) wide right-of-way with travel lanes,
stormwater drainage, tree lawns and sidewalks required. This information is found on page 58 of
Department of Community Services
One Civic Square, Carmel, IN 46032 Phone 317.571.2417, Fax 317.571.2426
Michael P. Hollibaugh, Director
Mr. Daniel Lauber AICP page 3
RE: Reasonable Accommodation Request - 13633 Carey Road
the C3 Plan. The current adopted cross-section for a Collector Street, for which Carey Road is
designated, includes a minimum a 90’ right-of-way, also with travel lanes,
drainage, tree lawns and multi-purpose paths on both sides. Copies of Local Street and Collector
Street descriptions from the C3 Plan are attached to this letter.
In the particular case of 13633 Carey Road, also identified as Lot 2 in Kinzer’s Maple Acres
subdivision, it is clear that the public’s transportation needs, and City’s street standards have
changed significantly since platted in 1955, just as the City itself has changed. Whil e there are no
immediate plans by the City to improve Carey or Beech Drive, it is precisely for situations
like this that cities have a policy plan and land use regulations, that allow community needs and
goals to be addressed over time, by ensuring that property is raised to current standards when
Improvements are made - without undue burden to taxpayers.
The Ordinance requirement for compliance with the Transportation Plan does not allow for an
administrative waiver as requested in your letter but allows for a variance request to the Board of
Zoning Appeals, or the option of a Monetary Commitment In -lieu-of Compliance, per Section 1.07 F.
in the UDO.
The City’s request for compliance with the Transportation Plan is based on Ordinance requirements
that are consistently enforced; only affecting property when an Improvement is made. The City’s
request for dedication of right-of-way and construction of pedestrian infrastructure as part of the
reconstruction does not eliminate the ability to use of the property for the proposed group home or
prevent other uses consistent with R-1 residential zoning.
Thank you in advance for continuing to work with the City on this. If you have questions, or wish to
discuss this further, please call me at 317 571 2422, or email; mhollibaugh@carmel.in.gov.
Very truly yours,
Michael Hollibaugh
Michael Hollibaugh
Director, Department of Community Services
Copy via email: Douglas Haney, Carmel City Attorney
John Molitor, Counsel to the Plan Commission and BZA
Bryan Lacey
Laserfiche file