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Packet for PC 06-21-22 Five-Ten Subdivision Amendment 510 1st Ave NW Carmel, IN 46032 #PZ-2022-00025 PPA #PZ-2022-00053 SW Plan Commission Meeting April 19th, 2022 Project Introduction: Tom Lazzara proposes to amend the existing plat in place to remove the landlocked lot, and to create two new lots on the South parcel. For those familiar with the home site, my goal is to maintain the lot with the existing home on 510 1st Avenue, the carriage house lot, and the block north of the tree, merging them all into one large parcel. On the South block specifically, by subdividing that into two parcels there would be two new homes built mirroring the positioning of the homes on 1st Avenue. By having an access of the alley for two homes we are also requesting a Street Frontage Waiver, as the UDO requires that the Lots shall have direct access to a public street. If we were just building one home there would not be a need for this waiver. Statement of Support Throughout Old Town Carmel, there have been multiple infill projects and developments to enable families to move downtown. My goal is to partner with Custom Living to build two new homes off the Monon Trail enabling two families to be able to live in the midst of the vibrance of downtown. In order to enhance the homesite views, and community feel, we are requesting the approval for a private drive as main access to two homes. The architecture and facing will mirror homes with front porches facing the Monon Trail to the North and South of this development. For public safety, I have worked with the fire department and police department creating a wide enough turning radius for a fire truck in addition to adding a hydrant for access of public safety to the rear of the homes on 1st Ave NW, the existing 430 1st Ave NW, and the two new homes. The hydrant was a request of the Fire Chief of which we accommodated. Research items following Planning Commission Meeting: 4/19/2022 A few days following the Planning Commission Meeting on 4/19, I walked the neighborhood and have highlighted access alleys for people's businesses and residences that have 10 foot to 12’ alley access similar to our 510 development request. As a reference point, the attached PDF shows yellow highlighted alleys that are 2 way, and blue highlighted alleys that are one way of the same size as Alley 5 th . The Alley 3 rd and Alley 2 nd to the north of E Small both have over 20 homes accessing driveways off an alley 10’ - 12’ wide. Our proposal on the 510 development would be two additional homes for a total of 4 homes using the existing Alley 5th. In efforts for more analysis requested of one of the Planning Staff members, our team walked the property to re-investigate installing a drive off the south property line of 510 where the current utility easement is proposed. The current gravel drive is 10’ wide currently, and is only 8’ off the home to the north and 11’ off Terry ’s house to the south. By staying with the current plan, the Alley 5 th property owners to the north and south are 18’ to 19’ off the alley for better site lines of traffic, as well as a noise buffer of open space. The addition of 2 homes access off the existing alley still lends itself as the best option for traffic and safety to access the proposed lots. A page is attached for visuals. I also followed up with Captain Ellison, Deputy Fire Marshall, and Deputy Chief John Foster, Carmel Police Department. Both have issued written comments of acceptance of the access off the alley for sufficient access for safety. Both emails are attached for your review. For the request of tree preservation we updated the plat to run a tree preservation line 25’ east from the westward property line, which is 55’ +/- from the center of the Monon Trail. During the Residential Committee Meeting on 06/07/2022 one request was to meet with Daren Mindham, Carmel’s Environmental Planner, to review the tree preservation and landscaping requirements of the site. Attached is the follow up emails of the walkthrough showing we have met his requirements. There are a few other items I will continue to research for the Planning Commission Meeting on the 21st. Location Map: Aerial Photo of Site: Existing Aerial Photo: Proposed: Lot 3: Goal is to merge and maintain the existing house, maintain existing cottage, and merge existing three lots/blocks into one back to the Monon Trail. Proposed Lot 1 & Lot 2: Goal is to build two custom homes on the monon trail with Custom Living, Inc. Their website is www.CustomLivingUSA.com Old Town 2021Old Town 2000 1ST AVE. NW5TH STREET NW LOT #2 OF FIVE-TEN SUBDIVISION INSTR. NO. 200100032222 LOT #1 OF FIVE-TEN SUBDIVISION INSTR. NO. 200100032222 GRAPHIC SCALE 1 inch = 20 feet 0 10 4020 Residential Boundary Survey 500 & 510 First Avenue NW Carmel, Indiana Owner: Land Surveyor:Bordenet Civil Engineering & Land Surveying, LLC D. Scott Bordenet, PE, LS 8902 Alibeck Ct. Indianapolis, IN 46256 Russell Maurice Schwartz Revocable Living Trust & Ruth Marie Schwartz Revocable Living Trust 500 & 510 First Avenue NW Carmel, Indiana 46032 1 OF 2 Sheet No. : Project Number: Bordenet Civil Engineering & Land Surveying, LLC Ph. 317-536-6181 Fax: 317-536-6220 8902 Alibeck Ct. Indianapolis, IN 46256 2021-223 GENERAL NOTES USGS 7.5' QUADRANGLE CARMEL & FISHERS BOUNDARY SURVEY - IAC 865 RULE 12 - LEGEND LEGAL DESCRIPTION Instrument No. 2014025122 Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 25, Township 18 North, Range 3 East, thence West on and along the South line of said Quarter 413.00 feet, thence North 00 degrees 00 minutes 00 seconds [East] (assumed bearing) parallel with the East line of said Quarter 1388.00 feet, thence South 89 degrees 08 minutes 40 seconds West 166.10 feet to the Point of Beginning of this description, thence South 89 degrees 08 minutes 40 seconds West 186.70 feet to a point on the East right of way line of the C.I. & L. Railroad (Monon), thence North 00 degrees 59 minutes 46 seconds West along said East right of way line 344.50 feet, thence North 89 degrees 08 minutes 40 seconds East 358.79 feet to a point on the West right of way line of First Avenue Northwest as now exists, thence South 00 degrees 00 minutes 00 seconds [West] parallel with the East line of said Quarter and along the West right of way line of First Avenue Northwest 212.50 feet to a point which bears North 00 degrees 00 minutes 00 seconds [East] 1520.00 feet from the South line of said Northeast Quarter, thence South 89 degrees 08 minutes 40 seconds West 166.10 feet, thence South 00 degrees 00 minutes 00 seconds [West] and parallel to the East line of said Quarter 132.00 feet to the Point of Beginning. EXCEPT: Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 25, Township 18 North, Range 3 East; thence West on and along the South line of said Quarter 413.00 feet, thence North 00 degrees 00 minutes 00 seconds [East] (assumed bearing) parallel with the East line of said Quarter 1640.50 feet to a Point of Beginning of this description, thence South 89 degrees 08 minutes 40 seconds West 166.10 feet, thence North 00 degrees 00 minutes 00 seconds [East] and parallel with the East line of said Quarter 92.00 feet, thence North 89 degrees 08 minutes 40 seconds East 166.10 feet to a point on the West right of way line of First Avenue Northwest as now exists, thence South 00 degrees 00 minutes 00 seconds [West] parallel with the East line of said Quarter and along the West right of way line of First Avenue Northwest 92.00 feet to the Place of Beginning. SURVEYOR’S CERTIFICATE To Tom Lazzara, Custom Living, Inc.: I, the undersigned, a Registered Land Surveyor in the State of Indiana, hereby certify that the survey was performed wholly under my direction and that to my knowledge and belief was executed according to the survey standards set form in Article 1, Rule 12 of the Title 865 Indiana Administrative Code. Horizontal tolerances are as specified in the Surveyor's Report section (see Survey Limitations and Uncertainty subsection). Any elevations shown were accumulated by electronic total station and GPS instrumentation and are accurate to +/- 0.10 feet or one half contour interval. Date Certified: September 20th, 2021 _______________________________________ D. Scott Bordenet, Registered Land Surveyor No. 20100044, State of Indiana GENERAL NOTES 1.This document was prepared by D. Scott Bordenet. 2.I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. D. Scott Bordenet. 3.This survey was performed to determine property lines and topographic data to be used for the development of real property (2 adjoining, subject parcels). 4.The surveyed tax parcels contain a total of 1.95 acres, more or less. 5.The underground utilities depicted on the attached plat of survey have been located as allowed by visual inspection and limited IUPPS utility markings. The path of the utility lines shown on said plat of survey should be considered approximate until they are excavated to verify the location and path of the utility lines. 6.Based upon a scaled interpretation of the FLOOD INSURANCE RATE MAP NOS. 18057C0207G for the Town of Carmel, Indiana, dated November 19, 2014, the within described real estate IS NOT located within a Special Flood Hazard Area inundated by 100-year flood as established by the Federal Emergency Management Agency for the National Flood Insurance Program. Flood plain certification is restricted to a review of the Flood Insurance Rate Maps (FIRM), and shall not be construed as a confirmation or denial of flooding potential. 7.Per the Hamilton County County online GIS map data on September 20th, 2021, The Morrow Follet Legal Drain runs along the west side of the subject parcel and is depicted as a 24" RCP on this plat of survey (listed as a 22" tile per Hamilton County GIS). Note that a tunnel of the same drain system is NOT SHOWN ON THIS SURVEY and runs parallel and near the west property line. 8.Per the National Wetlands Inventory online mapping data on September 20th, 2021, no wetland have been found to exist on this property. 9.No warranty, either express or implied, is made as to the accuracy or completeness of information provided by governmental authorities and / or third parties, or as to its fitness for any particular purpose or use, including but not limited to information presented on underground utilities, flood hazard zones, floodway zones, wetlands, recording information, zoning, and regulated drains. In no event will Bordenet Civil Engineering and Land Surveying, LLC, its employees, agents, and / or assigns be liable for any damages arising out of the furnishing and / or use of such information. SURVEYOR'S REPORT Client: Tom Lazzara, Custom Living, Inc.Type of Survey:Boundary Survey with Topography Job Number: 2021-233 Class of Survey: Urban Survey (865 IAC 1-12-7) Location of Survey: NE Quarter S25-T18N-R3E Field Work Completed: September 17th, 2021 Theory of Location The subject parcel is described from the southeast corner of the northeast corner of Section 25, Township 18 North, Range 3E. The deeded description is based on bearings established as the east and south lines of said quarter section. The description was the basis of a property corner search which lead to corners (capped rebar #88000177) found at all corners of the described parcel. Though other corners were found near these corners, these corners (capped rebar) were held due to their close proximity to occupation. The dimensions of the actual lines are listed on this plat of survey along with the described lines from the deed. It is my opinion that the parcel as located on this plat of survey and marked by the indicated monuments could potentially vary from the originally marked location by 0.6'±. I believe this tolerance is typical of what can be expected in this type of urban environment, and the marked locations should be relied upon. Survey Limitations and Uncertainty A. Availability and condition of reference monuments. Monuments which control the lines and corners of the surveyed property are as follows: 1.The southwest corner of the norththeast Quarter of S25-T18N-R5E was described as a PK with 4 ties. The PK was not found but three of the ties were found which created a mathematically consistent location within 0.05'. The average location was held and used in the subject parcel determination. 2.The southeast corner of the northeast Quarter of S25-T18N-R5E was described as a subsurface Harrison monument with 7 ties. The monument was not uncovered but three of the ties were found to create a mathematically consistent location within 0.12'. The average location was held and used in the subject parcel boundary determination. 3.The northeast corner of the northeast Quarter of S25-T18N-R5E was described as a mag spike monument with 5 ties. The monument was found and consistent with the tie immediately to the west. 4.Capped rebar with RLS number 8800177 were found at all corners. See Corner List in the General Notes on the right side of this page. These corners were held due to close proximity with occupation. 5.Uncapped rebars were found approximately 0.9' northwest of corner points 233 and 234. An uncapped rebar was found 0.5' northeast of corner point 179. An uncapped rebar was found 0.8' northwest of corner point 273. A disturbed pinched pipe and uncapped rebar (found laying horizontal approximately 0.1' below the ground surface) was found 0.6' northwest of a block corner at the northwest corner of the intersection of the 10' alley on the south side of the property and 1st Avenue Northwest. B.Occupation or possession lines. At the time the field work was completed, physical evidence of the lines and/or inconsistencies in the lines of occupation of the surveyed tract consisted of the following (see plat of survey for depiction): 1.An existing chain link fence lies from 1' east to 0.9' west of the property line near near the southeast corner of the property. 2.An existing woven wire fence lies 0.7' to 1.9' west of the west property line starting from the southwest corner of the property. 3.An existing wire woven fence lies 0.0' to 0.9' east of the west property line ending at the northwest corner of the property. 4.A concrete fence anchor was found 0.9' north and 0.3' east of the north west corner of the property. 5.A concrete fence anchor found 0.7' north of the north property line approximately 26.4' west of the northwest corner of the property. 6.Various utilities (poles, guy anchors, pedestals, meters) and a concrete side walk were found along the south subject parcel's east property line. C.Clarity and/or ambiguity of the record description(s). The record descriptions for the subject parcel and its adjoiners were obtained and mathematically retraced to disclose possible gaps and/or overlaps. It is my opinion the consistent dimensions and qualifying calls within the metes and bounds descriptions established intent for contiguous parcel lines. No gaps or overlaps were found. The legal description for the west parcel line would create a jog in the east boundary line of the Monon Trail (prolonged west property lines of the subject parcel and north/south adjoiners). Holding the occupation and found survey corners as depicted establishes a nearly linear alignment of said boundary (0.37' +/-). D.Measurements (Relative Positional Accuracy). The Relative Positional Accuracy of the measurements for the corners of the subject tract established for this survey is within the specifications for an Urban survey (+/- 0.07 foot plus 50 parts per million). (“Relative Positional Accuracy” means the value expressed in feet or meters that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95 percent confidence level). Residential Boundary Survey 500 & 510 First Street NW Carmel, Indiana Owner: Land Surveyor:Bordenet Civil Engineering & Land Surveying, LLC D. Scott Bordenet, PE, LS 8902 Alibeck Ct. Indianapolis, IN 46256 Russell Maurice Schwartz Revocable Living Trust & Ruth Marie Schwartz Revocable Living Trust 500 & 510 First Street NW Carmel, Indiana 46032 2 OF 2 Sheet No. : Project Number: Bordenet Civil Engineering & Land Surveying, LLC Ph. 317-536-6181 Fax: 317-536-6220 8902 Alibeck Ct. Indianapolis, IN 46256 2021-223 GENERAL NOTES USGS 7.5' QUADRANGLE CARMEL & FISHERS BOUNDARY SURVEY - IAC 865 RULE 12 - 1ST AVE. NW5TH STREET NW15' UTILITY & ACCESS EASEMENT ALLEY 5TH50' UTILITY & C.A.EQ100=815.30 Q10=813.80 GRAPHIC SCALE 1 inch = 20 feet 0 10 4020 Five-Ten Subdivision Primary Plat Amendment Owner/Developer: Land Surveyor:Bordenet Civil Engineering & Land Surveying, LLC D. Scott Bordenet, PE, LS 8902 Alibeck Ct. Indianapolis, IN 46256 Thomas A. Lazarra 7911 Morningside Dr. Indianapolis, IN 46240 1 OF 1 Sheet No. : Project Number: Bordenet Civil Engineering & Land Surveying, LLC Ph. 317-536-6181 Fax: 317-536-6220 8902 Alibeck Ct. Indianapolis, IN 46256 2021-223 GENERAL NOTES USGS 7.5' QUADRANGLE CARMEL & FISHERS LEGEND REVISION BLOCK ORANGE & GREEN IS PROPOSED DEVELOPMENT PROPOSED LOT 2: 0.26 Ac. (11,326 Sft.) PROPOSED LOT 1: 0.31 Ac. (13,504 Sft.) ______________________________ D. Scott Bordenet, PLS No. 20100044, State of Indiana Date Certified: March 14th, 2022 PROPOSED LOT 3: 1.38 Ac. (60,113 Sft.) Docket No. PZ-2022-00025 PPA LEGAL DESCRIPTION Instrument No. 2014025122 Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 25, Township 18 North, Range 3 East, thence West on and along the South line of said Quarter 413.00 feet, thence North 00 degrees 00 minutes 00 seconds [East] (assumed bearing) parallel with the East line of said Quarter 1388.00 feet, thence South 89 degrees 08 minutes 40 seconds West 166.10 feet to the Point of Beginning of this description, thence South 89 degrees 08 minutes 40 seconds West 186.70 feet to a point on the East right of way line of the C.I. & L. Railroad (Monon), thence North 00 degrees 59 minutes 46 seconds West along said East right of way line 344.50 feet, thence North 89 degrees 08 minutes 40 seconds East 358.79 feet to a point on the West right of way line of First Avenue Northwest as now exists, thence South 00 degrees 00 minutes 00 seconds [West] parallel with the East line of said Quarter and along the West right of way line of First Avenue Northwest 212.50 feet to a point which bears North 00 degrees 00 minutes 00 seconds [East] 1520.00 feet from the South line of said Northeast Quarter, thence South 89 degrees 08 minutes 40 seconds West 166.10 feet, thence South 00 degrees 00 minutes 00 seconds [West] and parallel to the East line of said Quarter 132.00 feet to the Point of Beginning. EXCEPT: Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northeast Quarter of Section 25, Township 18 North, Range 3 East; thence West on and along the South line of said Quarter 413.00 feet, thence North 00 degrees 00 minutes 00 seconds [East] (assumed bearing) parallel with the East line of said Quarter 1640.50 feet to a Point of Beginning of this description, thence South 89 degrees 08 minutes 40 seconds West 166.10 feet, thence North 00 degrees 00 minutes 00 seconds [East] and parallel with the East line of said Quarter 92.00 feet, thence North 89 degrees 08 minutes 40 seconds East 166.10 feet to a point on the West right of way line of First Avenue Northwest as now exists, thence South 00 degrees 00 minutes 00 seconds [West] parallel with the East line of said Quarter and along the West right of way line of First Avenue Northwest 92.00 feet to the Place of Beginning.PRIVATE DRIVE From:Foster, Johnathan A JAFoster@carmel.in.gov Subject:New Home Construction w/ Alley Access Date:June 7, 2022 at 2:31 PM To :Tom Lazzara tom@customlivingusa.com Cc:Horner, Jeffrey JHorner@carmel.in.gov,Anderson, Teresa K TAnderson@carmel.in.gov Hello Tom… This e-mail will serve as conﬁrmation that you made contact with the Carmel Police Department to discuss your proposed project (PZ-2022-00025 PPA: Five-Ten Subdivision) as requested by the City of Carmel’s Planning and Zoning Commission. You mentioned during our conversation that the project met the expectations and was approved by the Carmel Fire Department because it allowed sufﬁcient access to ﬁre apparatus in the event of a medical or ﬁre emergency. This project will also meet the expectations and is approved by the Carmel Police Department due to the proposed access that will also be afforded our patrol vehicles in the event of an incident or emergency. Respectfully, Johnathan Foster Deputy Chief of Operations Carmel Police Department 317-571-2570 (Ofﬁce) CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is conﬁdential and may be legally privileged. If you are not the intended recipient, you are hereby notiﬁed that any retention, dissemination, distribution, or copying of this communication is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please immediately call us at (317) 571-2500, delete the transmission from all forms of electronic storage, and destroy all hard copies. DO NOT FORWARD this transmission. Receipt of this electronic mail message by anyone other than the intended recipient(s) is not a waiver of any attorney-client work product, investigatory law enforcement privilege or any other applicable privilege. Thank you. From:Tom Lazzara tom@customlivingusa.com Subject:Fwd: New Home Construction Question for off of Alley 5th Date:June 9, 2022 at 2:52 PM To : From: "Ellison, Christopher M" <CEllison@carmel.in.gov> Subject: RE: New Home Construction Question for off of Alley 5th Date: May 24, 2022 at 12:28:13 PM EDT To: Tom Lazzara <tom@customlivingusa.com> Cc: Marissa Doner <marissa@customlivingusa.com>, "Haboush, David G" <DHaboush@carmel.in.gov>, "Ray, Lucas M" <lray@carmel.in.gov> Tom, This e-mail provides conﬁrmation that you have previously reached out to the Carmel Fire Dept. to discuss your proposed project (PZ-2022-00025 PPA: Five-Ten Subdivision) as requested by Angie and Alexia in the City of Carmel’s Planning and Zoning Department. As a result of this conversation you agreed to make accommodations for ladder company emergency vehicle turning radius. Additionally, you agreed to provide a ﬁre hydrant at the south end of the project for ﬁre protection. The Fire Hydrant installation will provide improved ﬁre protection water supply for the area/neighborhood. Finally, this proposal to construct two single family dwellings does not fall with in the jurisdiction of the Indiana Fire Code (675 IAC 22-2.5) , therefore no ﬁre code violations are created as a result of this project. Respectfully, Capt. Chris Ellison Deputy Fire Marshal Carmel Fire Department 10701 N College Ave Indianapolis, IN 46280 317-571-2600 Headquarters 317-571-2674 Fax cellison@carmel.in.gov CONFIDENTIALITY NOTICE: This transmission (including any attachments) may contain information which is conﬁdential, attorney work-product and/or subject to the attorney-client privilege, and is intended solely for the recipient(s) named above. If you are not a named recipient, any interception, copying, distribution, disclosure or use of this transmission or any information contained in it is strictly prohibited, and may be subject to criminal and civil penalties under State or Federal law. If you have received this transmission in error, please immediately call us at (317) 571-2600, delete the transmission from all forms of electronic or other storage, and destroy all hard copies. DO NOT forward this transmission. Any error in addressing or sending this e-mail is not a waiver of conﬁdentiality or privilege and does not waive consent to copying or distribution of this e-mail or attachments. Thank You. AFFIDAVIT The purpose of this document is to state our past intentions for Parcel No. 16-09-25-08- 01-010.000 ("Parcel") in the Five Ten Subdivision at 510 1st Ave NW in the City of Carmel ("City"), Hamilton County, Indiana. In 2000, we purchased the Parcel. At that time, the Five Ten Subdivision did not exist, and the Parcel was part of a larger property that consisted of Parcel No. 16-09-25-08-05-001.000 and Parcel No. 16-09-25-08-05-002.000. As part of the purchase, we inherited a lawsuit from the City, who had filed suit against the former owner under Eminent Domain for not selling a strip of land needed to create the Monon Trail. However, we were in favor of the trail. On completing the purchase, we met with the City attorney to declare our willingness to sell and to request that the suit be dropped. During activities related to the sale, a representative from the Planning and Zoning Commission advised us to subdivide the property because the property's "T" shape could make certain future approvals difficult. The representative cited getting approval to add on to the carriage barn as an example. Following the representative's advice, we hired Weihe Engineers ("Weihe") to manage the subdivision process. At the zoning hearing, neighbors showed up to object to the subdivision with fear of a full neighborhood or apartments going in. When our turn to speak came, we explained that although we were required to follow the same subdivision process that developers follow, we had no plans to develop the back of our property. We said that the subdivision was simply a formality that we were following on the City's advice. Secondly, we knew that development of the Parcel would be unlikely because the J. W. Marrow Drain ran through the Parcel and had a 75-foot easement on either side of the drain's centerline. We had no desire to incur the large Page 1 of 2 expenses that would be associated with moving the drain as would be required for development. Nevertheless, we wanted to give our neighbors some assurances that the Parcel would not be developed while we owned it. As Weihe explained to us, the Parcel would be classified as a "block" and not a "lot." That is, a "lot" could be developed but a "block" could not. The neighbors withdrew their objections and the subdivision continued through the approval process. This week, we were informed that, when the Five Ten Subdivision was created in 2001, there was a stipulation on the Primary Plat that we filed that stated "Improvement Location Permits are not eligible on these parcels." Our understanding was that this ineligibility was a convenient side effect of the parcel being established as a "block." We were not aware that the subdivisions had explicitly made the parcel ineligible for Improvement Location Permits. Moreover, this week we were informed that "this stipulation was supposed to be put in a Deed Restriction on the lots; however, that appears to not have been recorded on said Deed." Weihe never mentioned a Deed Restriction. Again, our intent was (a) not to alter the Deed beyond what was necessary for the subdivision, (b) not to restrict development of the Parcel and (c) not to do anything that would be permanent. We had no interest in trying to control what happened to the property after it was sold in the future. Further we at all times fully supported the development of the Motion Trail and at no time did we want to preclude and or prevent others from using the trail. Additionally, we feel that allowing the property to now be developed with two (2) single-family homes would be a positive event consistent with the current surrounding areas. Russell M. Schwartz 4Date Ruth Marie SLhwartz ate Page 2 of 2 From:Mindham, Daren dmindham@carmel.in.gov Subject:RE: 500 1st Ave NW Date:June 10, 2022 at 12:22 PM To :Tom Lazzara tom@customlivingusa.com Cc:Lopez, Alexia K alopez@carmel.in.gov Tom, Correct, there are no other landscape requirements during development of the site. Daren Mindham Environmental Planner City of Carmel, Indiana 317-571-2283 From: Tom Lazzara <tom@customlivingusa.com> Sent: Friday, June 10, 2022 12:20 PM To: Mindham, Daren <dmindham@carmel.in.gov> Cc: Lopez, Alexia K <alopez@carmel.in.gov> Subject: Re: 500 1st Ave NW Thank you Daren, for the committee members can you conﬁrm that by meeting the 25’ required tree preservation area there are no other requirements during development of the site. Thank you again for the time, Tom Lazzara Custom Living, Inc. On Jun 10, 2022, at 12:10 PM, Mindham, Daren <dmindham@carmel.in.gov> wrote: Tom, Thank you for meeting today. To review the meeting, we met and measured the 25’ required tree preservation easement. Fencing this area during construction and preserving the area should meet the landscape requirements for this Monon landscape buffer. I have also attached the guidelines for such areas for your use. If you have any questions on tree choice for the site, just email. Daren Mindham Environmental Planner City of Carmel, Indiana 317-571-2283 <Tree Preservation Guidelines.doc>