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HomeMy WebLinkAboutLetter #02 Ann & Don Merlo Shestak, Joe From:aowensmerlo2@gmail.com Sent:Monday, November 21, 2022 7:45 PM To:Shestak, Joe Cc:aowensmerlo2@gmail.com Subject:Docket Nos: PZ-2022-00226 V, PZ-2022,00228 V - Frye's 12060 Durbin Drive Detached Garage Variance Petition Follow Up Flag:Follow up Flag Status:Completed Docket Nos: PZ-2022-00226 V, PZ-2022,00228 V - Frye's Variance Request Joe, The homeowners (Ann and Don Merlo) at 11845 Durbin Drive, Lot 89 Crossfields Subdivision ask the zoning variance request put forth by the Frye's be DENIED as they obtained Homeowner's Association (HOA) approval without providing information that the building is outside Carmel zoning regulations, although it is our understanding they were aware they would need a variance. The Frye's did not disclose the need for a variance when submitting documents to the neighborhood for approval of the detached garage, nor did they mention the need for a variance at the Special Meeting that was called for the neighborhood to discuss the garage request. Had this information been provided, we the homeowners of Lot 89 would have voted NO to the approval request. Had the information been fairly and completely presented to all homeowners it is unlikely the Frye's would have received sufficient Yes votes and the garage would not have been approved. To reinforce the point the homeowners at 11845 Durbin Drive would not have voted YES. Additionally, the Frye's continued to not be forthcoming with the neighborhood by failing to mention the zoning request or the zoning meeting at the Crossfields Annual Meeting held Nov 15th even though the garage approval was mentioned. The Frye's have not acted in good faith with their neighbors or the HOA Board. We request the City of Carmel help protect the interests of the Crossfields neighborhood by denying the request, given the Frye's did not act in good faith when obtaining HOA approval. Sincerely, Ann and Don Merlo (11845 Durbin Drive, Lot 89, Crossfields Subdivision) 1 Shestak, Joe From:D Merlo <dmerlo430@gmail.com> Sent:Tuesday, November 22, 2022 11:11 AM To:Shestak, Joe Subject:Zoning variance request for Crossfields To the Carmel Board of Zoning Appeals, I am Don Merlo, who along with my wife Ann, are homeowners at 11845 Durbin Drive in the Crossfields Subdivision. I respectfully ask that the zoning variance request for a detached garage put forth by Jim Frye at 12060 Durbin Drive (Docket Numbers PZ-2022-00226 and P-2022-00228V) be DENIED, as the Frye's obtained Crossfields homeowners' approval for the detached garage without providing information that the building as currently designed is outside Carmel 's zoning regulations. It is our understanding that the Frye's were aware they would need a variance, but did not disclose the need for a variance when submitting documents to the neighborhood for approval of the detached garage, nor did they mention the need for a variance at the Special Meeting that was called for the neighborhood to discuss the garage request. Had this information been provided, the homeowners of Lot 89 would have voted NO to the approval request. Further, had the information been fairly and completely presented it is our opinion that it is extremely likely that the Frye's would not have received sufficient Yes votes from Crossfields homeowners, and the garage would not have been approved. To reinforce the point, the homeowners at 11845 Durbin Drive would not have voted YES. Additionally, at the Crossfields Homeowners Annual Meeting held Nov 15th, the Frye's continued to not be forthcoming with the neighborhood by not mentioning their zoning variance request or the upcoming Carmel zoning meeting at which the variance request will be considered, even though the garage approval by the neighborhood was mentioned in the meeting. In our opinion, the Frye's have not acted in good faith with their neighbors nor with the Crossfields HOA Board. We request the City of Carmel help protect the interests of the Crossfields neighborhood by denying the variance request. It does not seem to be an undue burden to the Frye's to modify the construction plans to bring the structure into compliance with Carmel Zoning Ordnances. Sincerely, Ann and Don Merlo (11845 Durbin Drive, Lot 89, Crossfields Subdivision) 1