HomeMy WebLinkAboutLetter #06 Randy Woock
Butler, Bric
From:Randy Woock <rwoock@yahoo.com>
Sent:Friday, December 13, 2024 3:14 PM
To:Grechukhin, Sergey
Cc:Butler, Bric; Amy
Subject:Docket Nos. PZ-2024-00212 V and PZ-2024-0013 V: Request for Clarification
Dear Mr. Grechukhin,
First, my sincere apologies if I’m addressing the wrong person. I did not catch the name of the gentleman asked by
hearing officer Mr. Kevin Rider to render a legal opinion at the November 25, 2024, public hearing, and since the minutes
for that mee?ng are not yet available on the City’s website, I took a shot. If you are not the correct person, I ask that you
forward this to the correct person. Thank you.
For transparency, I am reques?ng Mr. Butler to forward this communica?on to BZA members Kevin Rider, Brad Grabow,
Dennis Lockwood, Salim Najjar and Leah York.
I spoke at the November 25, 2024, public hearing in opposi?on to a series of variance requests under Dockets Nos. PZ-
2024-00212 V and PZ-2024-0013 V. During my remarks (and included in my pre hearing document submission) I
men?oned a 2013 commitment agreement entered into by current pe??oners along with three Springmill Streams
individual property owners and the Springmill Streams HOA. I also stated that I had recently communicated with the
primary author of that agreement, who was legal counsel for the four Springmill Streams stakeholders at the ?me, who
assured me that the commitment agreement was s?ll binding under Indiana Code 36-7-4-1015.
A?er public remarks, hearing officer Mr. Kevin Rider requested your opinion regarding that 2013 commitment
agreement. You clearly stated that the BZA was obligated to acknowledge the commitment as valid as well as
enforceable in court, but could limit its own enforcement to only those commitment items specifically men?oned in the
minutes of the 2013 public hearing. That effec?vely vacated all parts of the commitment sans those few men?oned in
the minutes. I admit I am not a lawyer but that immediately struck me as at odds with Indiana Code 36-7-4-1015 in
several ways. I am respec?ully reques?ng that you clarify how your opinion is in accordance with Code 36-7-4-1015.
As I read it, Indiana Code 36-7-4-1015, in the absence of limited situa?ons of a change in property ownership, can only
be terminated or modified by a BZA - in whole or part - via a public hearing established to specifically do so. I also see
nothing in the zoning code where minutes of a mee?ng to document the existence of a commitment agreement can
supersede the agreement itself, or that a BZA can selec?vely consider only por?ons of an agreement based on mee?ng
minutes.
If you would be so kind:
1. Please direct me to the part of Indiana Code 36-7-4-1015, or any other relevant statute that would supersede Code 36-
7-4-1015, that permits a BZA to vacate any or all of a valid commitment agreement without a public hearing and prior
no?ce of such hearing;
2. Please direct me to the part of Code 36-7-4-1015, or any other statute that would supersede Code 36-7-4-1015, that
states BZA mee?ng minutes can be used in lieu of, or supersede, a valid commitment agreement; and
3. Please direct me to the part of Code 36-7-4-1015, or any other statute that would supersede Code 36-7-4-1015, that
permits a BZA to selec?vely enforce only por?ons of a valid commitment agreement.
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Again, I am not a lawyer so any assistance you can provide to help me understand the basis for your conclusion is greatly
appreciated.
I read in the Current about the proposed Ardalan project. The property is zoned C2 (as in our situa?on) with three prior
commitment agreements - at odds with the new proposal - made with individual property owners. I no?ced the Carmel
Planning Commission and BZA appear to be following Indiana code in that a public hearing is set for December 16 to first
consider vaca?ng the commitment agreements followed by a second public hearing on December 19 to consider the
new, proposed variance requests. That two step process, at a minimum, was not followed in our case. Why not?
I genuinely appreciate your ?me and a?en?on and, again, I apologize if I am addressing this to the wrong person.
Sincerely,
Randall S. Woock
686 No?ngham Court
Carmel, IN 46032
(317) 525-4926
Sent from my iPad
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