HomeMy WebLinkAboutLetter #43 Charlie DemlerNO 6 STORIES – NO LOT SPLITS!
JOHNSON ADDITION HOMEOWNERS GROUP
IN REFERENCE TO THE PROPOSED DEVELOPMENT OF FORMER
AT&T SITE AND THE IMPACT ON OUR HISTORIC NEIGHBORHOOD
Packet for: Carmel Board of Zoning Appeals
Meeting July 25, 2022
Contents
Johnson Addition plat from 1955 with covenants and restrictions
City of Carmel Document references of applicable portions that address this
development proposal
Analysis of six variances and our Findings of Facts
Submitted by
Charles Demler
463 Emerson Road, Carmel, IN 46032
Ph (317) 848-7612 Email: cdemler77@gmail.com
It is impossible to present a complete remonstrance to six variance requests and three Findings
of Fact for each one in the limited time public remonstrance is allowed. We are submitting this
document with the intention of addressing our Findings on the various issues being presented.
We appreciate your consideration of our viewpoints and our findings.
CARMEL GUIDING ZONING DOCUMENTS
COMPREHENSIVE PLAN - COMPREHENSIVE PLAN sets policy
Project area is designated as “Area of Special study” – (No study has been done to guide future
development of this area including the industrial park and adjacent residential communities)
Land Use Chart - shows UC (Urban Center). This concept is not best use adjacent To Suburban
Residential
Proposed development area is NOT part of Midtown or Old Town zoning - petitioner is not
requesting this designation despite the implication.
ESSENCE OF COMP PLAN
Policy 4.1 Neighborhoods are an essential component of community which help build and/or
reinforce the fabric of the city. This document encourages planning for neighborhoods
in a traditional sense, and calls for protection of these neighborhoods.
Policy 4.3 A concerted effort should …determine neighborhood boundaries in the city and
promote and identify their boundaries.
Policy 4.6 Disallow incompatible site and building design.
Policy 6 Community Character includes features of a neighborhood…that distinguish it.
Community Character is desired… inspires quality of life
North Central District in Comprehensive Plan
1.2 Allow tallest buildings in City Center and US31 Corridor (not area proposed by Pure to develop).
1.4 Protect stable single-family neighborhoods in the North Central District as much as possible.
COUNCIL ADOPTS UNIFIED DEVELOPMENT ORDINANCE (UDO) as the standards
for the Comp Plan goals
BASIC RIGHTS of UDO
B General Welfare … Provide for orderly development
E. Character – protect the character and stability of residential, commercial, industrial, historic and
natural areas.
G. Bring about compatibility of uses …(and)… the scale and character of …development.
2.07 Shall comply with Transportation Plan
An amended Comp Plan is being proposed but has not yet been adopted
USE VARIANCE
PZ 2022 00082 UV USE VARIANCE
Violates covenants and restrictions – they prohibit commercial uses
Introduces Incompatible land use into residential area – (violates 4.6 of Comp Plan)
Does not protect residential neighborhood (per Basic Rights of UDO)
Changes the character of 70 plus year old neighborhood (violates Policy 6 of Comp Plan)
Petitioner filed for “Office Use” (UDO – only allows clinic and medical health Center)
FINDINGS OF FACT
1) Injures the general Order of the neighborhood – building use does not protect
residential character neighborhood
2) May have adverse effect on future value of adjacent property
3) Developer has created own peculiar difficulty due to excessive scale of project
4) Developer created its own hardship and present zoning allows desired single-family
homes to be built on existing lots.
5) Approval violates several Comprehensive Plan Basic Rights (Protect stability and
character of neighborhoods - UDO Basic Rights 4.6; opposite of bringing about
compatibility of uses – Comp Plan Policy G)
COMMENTARY
This variance should be denied as office is not an allowed Special Use in R2 zone.
Petitioner claims it should be allowed because office is permitted in C2. This is
NOT C2, its R2 and remains R2 and “office” is NOT a permitted Special Use
This request clearly violates many aspects of the Comp Plan and UDO as enacted
to govern development…
Protect neighborhoods
Incompatible use
Destroys Character
Pretty pictures of buildings are being used to disguise commercial uses being
requested in historic residential zoned neighborhood
PZ-2022 - 00084-V VARIANCE REDUCE REAR YARD SETBACK FROM 20 FEET TO 5.7
FEET LOTS E AND F
Reduces RESIDENTIAL character of neighborhood. (Basic Rights of UDO – protect character…)
5.7 FEET does not allow for a landscape planting strip (3 feet) and sidewalk (3 feet). A chair
would block Handicapped access to rear doors or mobility or block emergency access to rear
entry locations.
Could not place a BBQ cooker and sidewalk and patio chair in this small yard
FINDINGS OF FACT
1) Harms public health, safety and welfare
2) May have negative effect on adjacent parcels or ability to sell this parcel
3) Strict application shows no practical difficulty and is developer created since existing zoning
and setbacks allow a desired single family home to be built on the lot.
COMMENTARY
Petitioner claims there will be a 25 foot bufferyard on the adjacent lot. They must
be forgetting they are requesting a variance of that bufferyard to 15 feet. This
creates an overall 50% reduction from required. They also are proposing a wall
which has a negative effect on any landscaping buffer.
This request is really hard to comprehend. In many ways it could be dangerous for
emergency equipment and personnel to maneuver if lifesaving measures were
needed. A child’s swing might throw them against the wall they propose. Such a
reduced setback would not provide for any practical use of the area. Petitioner
states adjacent bufferyard will give some relief but it is separated by a wall or
fence and is proposed for reduction.
PZ 2022 - 00086 – V Variance to increase lot coverage 80 % to 85% Maximum
Parcels A,B,C, & D
FINDINGS OF FACT
1) Harms general welfare by lessening Carmel’s high standards for development
2) May cause lessening of neighboring property values
3) Strict application allows this project to be downsized a minimum amount and constructed fully
on the C2 property they own and build desired SF homes on the residential lots
COMMENTARY
As we envision Carmel’s Mid-Town area, we see a Monon corridor and a public
space to gather. Outdoor dining, games and a viewing area invite people to visit.
This proposal crams far too much in the space available and none of those type of
welcoming amenities will be visible or usable by the public and citizens whose
taxes are paying for oversized buildings, diminished setbacks and reduced buffers
and landscaping. Our neighborhood is paying the biggest price.
Staff has noted they will need to seek additional variance to accommodate this request for Parcel D.
PZ 2022 - 00087- V VARIANCE reduce bufferyard FROM 30 FEET TO 15 FEET -
Parcels C & D
Bufferyards Protect single-family neighborhoods (per Comp Plan Policy 6)
Bufferyards in UDO are “DESIGNED TO AMELIORATE NUISANCES BETWEEEN DIFFERENT ZONING
DISTRICTS TO INSURE DESIRED CHARACTER”.
Should be at least minimum of 30 feet so appropriate landscaping buffer per bufferyard ordinance, can
be installed to mitigate incompatible uses
FINDINGS OF FACT
1) Harms general welfare with incompatible use next to single-family residential and certainly
should not be allowed to LOWER standards (?) (Policy 4.6 Essence of Comp Plan)
2) May cause lessening of neighboring property values
3) Strict Application allows desired single-family home to be constructed on existing lot with
allowed standards. Developer has created their own practical difficulty through intensity of
project- (Bring about compatibility of uses… both scale and character – UDO Basic Goals – G)
COMMENTARY
Request is to allow more intense use and then attempt to diminish bufferyards.
These are not the standards Carmel citizens should accept. Developer is creating
the nuisance, it should not set the standard.
PZ 2022-00088 V VARIANCE BUFFERYARD CONTENTS Parcels A, C & D
Article G of Basic Rights of UDO states ordinances are to “Bring about compatibility, protect the
character and stability of residential, commercial, industrial, historic and natural areas of uses.”
Similar to previous variance but allowing inappropriate materials
30 foot buffer consisting of a set number of trees and shrubs and type of vegetation should be honored.
FINDINGS OF FACT
1) Harms general welfare - Incompatible use next to single-family residential should not be allowed
to LOWER standards. (Policy 4.6 Essence of Comp Plan)
2 May cause lessening of neighboring property values
3) Strict application will force developer to modify their plan to meet UDO standard and comply
with reasons for bufferyards. Developer has created their own practical difficulty through
intensity of project. Reimagining the project could bring about compatibility of uses… both scale
and character. (UDO Basic Goals – G)
COMMENTARY
What real life is presenting is an emergency lane containing what appears to be a
driveway, front porches, steps, plants in pots, possibly more cement than grass,
and an outdoor living area for apartment dwellers possibly providing the tenants
their only area for tanning, BBQing, music, lounging, partying and socializing. We
do not agree that adding concrete meets the requirements, or that a variance
allows cement to replace the expectation of buffering using green grass, trees and
shrubs to be installed.
Staff implies the necessary trees are planted and spread out in the development,
which is not what is to occur as to the purpose of a bufferyard.
PZ 2022 -00089 V variance 1.07 Transportation Plan Standards
Against Comp Plan - “Shall Comply” (Basic Right UDO 2.07)
Request lessens Rights of Way for three streets serving this project
Bank with 250 employees will add (1 car per employ times 2 trips per day)
Est. 500 trips daily (min) or 2,500 week
240 Apartments will add (1.3 car per unit times est. 4 trips per day)
Est.1,248 trips per day or 8,736 per week
POTENTIAL est. 11,236 NEW TRIPS A WEEK ON 3 STREETS*
(*estimated based on other development history)
(Count does NOT add Pure HDQ, or small office or live work units)
Why are we lowering ROW without consideration for future needs?
Added traffic on Emerson through residential area to get to Schools is a safety concern.
Comp Plan calls for interconnectivity of streets which is lacking in this plan.
FINDINGS OF FACT
1) May be injurious to public welfare and safety when built and in future
2) May harm value of industrial area to west by limiting proper access or develop appropriately
3) Strict application gives equal treatment to all and keeps project scale within reasonable
development standards
COMMENTARY
This request might just squeak in without much notice, but closer scrutiny and
empirical data show such a project may have serious consequences for future
traffic patterns. Carmel has always prided itself on being pro-active in things and
to lessen ROW in an area where much new and future development is planned
seems ill advised.
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