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HomeMy WebLinkAboutBallot Sheets Tingley, Connie S / II From: John Molitor<jmolitor @prodigy.net> , A� '' (44' Sent: Friday, April 20, 2012 12:26 AM Cc: Stephen Buschmann; Timothy Ochs; Judy Hester; Tingley, Connie S b� icy"'° Subject: Re: BZA Dept Reports Attachments: Ballot 4.D.doc; Ballot 4.C.doc; Ballot 5.C.doc; Ballot 1.D.doc; Ballot 2.A.doc; Ballot 37D.doc; Ballot 2.B.doc; Ballot 6.D.doc; Ballot 4.B.doc; Ballot 2.C.doc; Ballot 1.C.doc; Ballot 1.B.doc; Ballot 6.B.doc; Ballot 6.C.doc; Ballot 5.B.doc; Ballot 6.A.doc; Ballot 5.A.doc Members of the BZA: Regarding the Traditions on the Monon appeals,below is my recommendation for a dispositive motion to be made by a member of the Board Monday night, after the public hearing is closed. OUTLINE FOR A DISPOSITIVE MOTION 1. Regarding Docket Numbers 11110010 A(the"Homeowners Appeal") and 11110011 A (the"Pulte Appeal"), I move to affirm the 7 paragraphs of the Director's Determination which are designated as Paragraphs LA, 3.A, 3.B, 3.C, 3.E, 4.A, and 4.E in the Director's letter of October 18, 2011, on the basis that nothing in any of these 7 paragraphs remains under appeal by either appellant. 2. Further, regarding both docket numbers, I move that the Board separately discuss and then take a preliminary vote on each of the 13 issues of the Director's Determination which are addressed respectively in Paragraphs 1.B, 1.C, 1.D, 2.A, 2.B, 2.C, 3.D, 4.B, 4.C,4.D, 5.A, 5.B, and 5.0 of the Director's letter of October 18, 2011. 3. In regard only to Docket Number 11110010 A(the"Homeowners Appeal"), I move that the Board separately discuss and then take a preliminary vote on each of the two "Additional Issues"included in the Homeowners Association's Proposed Findings and designated therein as Paragraphs 6.A ("Plumbing vent height") and 6.B ("Roof drainage"), respectively. 4. In regard only to Docket Number 11110011 A(the"Pulte Appeal"), I move that the Board separately discuss and then take a preliminary vote on two of the four "MISCELLANEOUS"issues included in Pulte's Proposed Findings and designated therein as Paragraphs 6.0("Verification and Enforcement of Repairs") and 6.D ("Status of the Three Performance Bonds"), respectively. 5. Regarding all 17 of the pending issues, I move that the preliminary voting shall be conducted by filling out the written ballots for each issue which have been prepared by the Board's counsel. After the preliminary voting on each issue is tallied, the chairperson shall promptly announce the vote on that issue, for purposes of recording in the minutes. 6. Finally, after all preliminary voting is completed, I move that the Board shall take a final vote--by a show of hands-- on both docket numbers which(a)incorporates by reference the preliminary result on each of the 17 issues on which a preliminary vote was taken; and (b)includes any conditions that may be adopted by the Board. 7. Then, after the tallying and announcement of the final vote, I move that the Board delegate to the Board's counsel the authority to prepare written findings of fact pursuant to I.C. 36-7-4-915, either with or without consulting with counsel for any party to these proceedings. i Attached are the proposed ballots that I urge you to use for the preliminary votes on all 17 pending issues. I'm hopeful that this will somewhat simplify the process. Please call me if you have any questions, or if you want to meet with me before Monday night's meeting. John Molitor Counsel to the Carmel Board of Zoning Appeals John R. Molitor Attorney At Law 9465 Counselors Row, Suite 200 Indianapolis,IN 46240 ph: (317)843-5511 fax: (317)805-4723 e-mail:jmolitor @prodigy.net IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 1.B Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Pulte's proposed findings 2-6; ❑ b) Director's proposed finding 2; ❑ c) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ d) Homeowners'proposed findings 1.B(i-vi); ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 1.0 Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Pulte's proposed findings 7-11; ❑ b) Pulte's proposed findings 12-13 and Director's finding 3; ❑ c) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ d) Homeowners'proposed findings 1.C(i-vii); ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 1.D Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed finding 4; ❑ b) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ c)Pulte's proposed findings 14-18; ❑ d) Pulte's proposed finding 19; ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 2.A Docket Nos.: 11110010 A and 11110011 A —Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Homeowners'proposed findings 2.A(i-vi); ❑ b) Director's proposed findings 5-6; ❑ c) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ d) Pulte's proposed findings 20-28; ❑ e) Pulte's proposed findings 29-32; ❑ 0 Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 2.B Docket Nos.: 11110010 A and 11110011 A —Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Homeowners'proposed findings 2.B.(i-ix); ❑ b) Director's proposed findings 7-8; ❑ c) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ d) Pulte's proposed findings 33-42; ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 2.0 Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed findings 9-11; ❑ b) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ c) Homeowners' proposed findings 2.C(i-vi); ❑ d) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ e) Pulte's proposed findings 43-50; ❑ f) Pulte's proposed finding 50; ❑ g) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 3.D Docket Nos.: 11110010 A and 11110011 A —Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Pulte's proposed findings 54-58, 110-111 and Director's 16; ❑ b) Pulte's proposed findings 59-60 and Director's 15; ❑ c) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ d)Homeowners'proposed findings 3.D(i-viii); ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 4.B Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Homeowners'proposed findings 4.B(i-ix); ❑ b) Director's proposed findings 19, 21-23; ❑ c) Other basis (or) ❑ Pulte's' appeal should be UPHELD, based upon: ❑ d) Pulte's proposed findings 63-72, 110-111; ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 4.0 Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A p ( A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed findings 20-23; ❑ b) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ c) Homeowners'proposed findings 4.C(i-ix); ❑ d) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ e) Pulte's proposed findings 73-81; ❑ 1) Pulte's proposed finding 82, 110-111; ❑ g) Other basis • CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 4.D Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group(11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED,based upon: ❑ a) Director's proposed findings 24-26; ❑ b) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ c) Homeowners'proposed findings 4.D(i-ix); ❑ d) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ e) Pulte's proposed finding 83; ❑ f)Pulte's proposed finding 84, 110-111; ❑ g) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 5.A Docket Nos.: 11110010 A and 11110011 A —Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) • Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed findings 28, 31-33; ❑ b) Other basis (or) ❑ The Homeowners'appeal should be UPHELD, based upon: ❑ c) Homeowners'proposed findings 5.A(i-vii); ❑ d) Other basis (or) ❑ Pulte's appeal should be UPHELD,based upon: ❑ e) Pulte's proposed findings 88-95, 110-111; ❑ f) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 5.B Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed findings 29, 31-33; ❑ b) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ c) Homeowners'proposed findings 5.B(i-viii); ❑ d) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ e) Pulte's proposed findings 96-100, 110-111; ❑ f) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 5.0 Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed findings 30-33; ❑ • b) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ c) Homeowners'proposed findings 5.C(i-vii); ❑ d) Other basis (or) ❑ Pulte's appeal should be UPHELD,based upon: ❑ e)Pulte's proposed findings 101-104, 110-111; ❑ f) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 6.A Docket Nos.: 11110010 A and 11110011 A —Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Pulte's proposed findings 105-106; ❑ b) Director's proposed finding 34; ❑ c) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ d) Homeowners'proposed findings 6.A(i-v); ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 6.B Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Pulte's proposed findings 107-108; ❑ b) Director's proposed finding 34; ❑ c) Other basis (or) ❑ The Homeowners' appeal should be UPHELD, based upon: ❑ d) Homeowners'proposed findings 6.B(i-v); ❑ e) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 6.0 Docket Nos.: 11110010 A and 11110011 A —Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed finding 34; ❑ b) Other basis (or) ❑ Pulte's appeal should be UPHELD, based upon: ❑ c) Pulte's proposed finding 109; ❑ d) Other basis CONDITIONS (IF ANY) IN THE CARMEL BOARD OF ZONING APPEALS Ballot Sheet: Preliminary Vote on Issue 6.D Docket Nos.: 11110010 A and 11110011 A—Traditions on the Monon Appeals Appellants: Traditions on the Monon Homeowners Association (11110010 A); Pulte Group (11110011 A) Respondent: Director of the Department of Community Services (both dockets) Check the Applicable Boxes Below: ❑ The Director's determination should be AFFIRMED, based upon: ❑ a) Director's proposed finding 34; ❑ b) Other basis (or) ❑ Pulte's appeal should be UPHELD,based upon: ❑ c) Pulte's proposed findings 110-111; ❑ d) Other basis CONDITIONS (IF ANY)