HomeMy WebLinkAboutCorrespondence Conn, Angelina V
From: John Molitor[jmolitor @prodigy.net]
Sent: m Thursday, March 22, 2012 11:22 AM
To: Judy Hester; Stephen R. Buschmann; Tingley,:Connie S; Ochs, Timothy
Cc: Conn, Angelina V; Hollibaugh, Mike P
Subject: Re: Carmel.BZA-Traditions on the?Monon proceedings •
Everyone Based on my reading of the Board's temporary Rile 13 and prior discussi ohs with the Board
• .inembers,I would concur that Steve's understanding (below) is correct. Moreover, I do think that it's appropriate
for Judy now to be preparing.stipulations of the "issues/facts" that the parties may agree upon. However, I don't
believe that the Board members are expecting that the stipulations will be submitted to them at or before
Monday's meeting.
My preference would be for the parties to be able to agree on any stipulations.within 7 to 10 days AFTER
,Monday's meeting, after which each party would prepare its proposed findings on disputed matters for
.submission to the Board. The Board probably will want all proposed findings and conclusions to be submitted
to me no less than 10 days before the April meeting (it is scheduled for.Monday, April 23).
.Subject to temporary Rule 13 and any motions that may be made at the March meeting, then, this is how I am
expecting the schedule to look:
a. Completion of the previously scheduled parts of the public hearing March 26
b. Board to approve a continuance of`the hearing to the April meeting March 26
c. Parties to agree on stipulations regarding any undisputed issues or facts April 2 - 5
d. Parties to submit proposed findings of fact and conclusions of la v April 13
e. Board counsel to submit outline of contested issues/facts for decision ..... April 18
f. Public hearing closed, and motion for disposition made by a member April 23
g. Board discussion of each contested issue/fact (may include oral argument) April 23
h. Preliminary vote on each contested issue/fact (including conditions) ._.. April 23
i. Final vote on the motion for disposition (subject to further continuance) April 23
j. Delegation to Board counsel of the authority to prepare written findings April 23
k. Filing of the decision and findings of fact in the Board's office April 30
John Molitor.
Counsel to the Carmel Board of Zoning Appeals
From: Judy Hester<jhester @brazillheter.com>
To Stephen R: Buschmann <buschmann @indiana-attorneys.com>; "Tingley, Connie S" <CTingley @carmelin.gov>;
"Ochs, Timothy <Timothy.Ochs @icemiller.com>
. Cc: "Conn, Angelina V" <Aconn @carmel.in.gov>;"Hollibaugh, Mike P" <MHollibaugh @carmel.in.gov>; John Molitor
<jmolitor@ prodigy:net>
Sent: Wednesday, March 21, 2012 6:14 PM
Subject: RE: BZA
That is my understanding as well. Thank you,Steve. I am preparing stipulations of the issues/facts•that the parties
agree upon for you and Tim to review before Monday. I look forward to talking with you then. Judy
Judy G. Hester, Esq.
RAZItL 'I HESTER Pc
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Conn, Angelina V
From: Conn, Angelina.V
Sent: Wednesday, February 22, 2012 3:07 PM
To 'Carol Seifert'
Subject: RE: Determination Letter-Traditions on the Monon
Hi, Carol-
The director's determination letter will be added to these online file folders within the hour.
You can access the scanned in BZA appeal file contents online at
http://cocdocs.ci.carmel.in.us/Weblink/0/fol/752729/Rowl.aspx (for the HOA, homeowners association, appeal)
Once you get to a specific document, you can;print to .PDF.
Also, here is the appeal file for Pulte: http://cocdocs.ci.carmel.in.us/Weblink/O/fol/557051/Rowl.asbx
Thanks,
Angie Conn, Planning Administrator
City of Carmel Planning &Zoning Division
Dept. of Community Services
1 Civic Square, 3rd Flr.
Carmel, IN;46032 V
Q: 317-571-2417 I F: 317-571-2426 I E: aconnOcarmel.in.gov
Check out our new website: www.carmeldocs:com
Please consider the environment before printing this e-mail
From: Carol Seifert [mailto niteowll@att net]
Sent: Wednesday, February 22, 2012 2:57 PM
To: Conn, Angelina V
- Subject: Determination Letter
Thanks for speaking with me on the phone. Please send me a copy of the Determination Letter.
Carol Seifert
niteowll @att.net
Thank you!
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MEMORANDUIVI
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TO: . Members; Carmel,,Board of Zoning Appeals
FROM: John Molitor'
Counsel to the BZA
DATE: January 24, 2012
RE: Docket Numbers 11110010 A and 111100,11,A(Traditions on the Monon)
Recommended''Suspension of Proceduralanles'
Members of the Board—Mr. Hollibaugh; Ms. Conn, and I met in;a pre-hearing
conference on,January 3, 2012, with the,respective attorneys for the petitioners in the
above dockets;: both of these appeals`relate to the Directors interpretation'of various
provisions of the City's.Planned Unit Development district ordinance that governs the
Traditions on the Monon development.All parties were able to reach consensus as to
proposed recommendations ras,to how the Board should handle,procedurally, these two
appeals. Both of them.are now scheduled to be heard during the Board's regular meeting
of February 27, 2012. In order to provide for a full and fair hearing of both of these.
appeals, I am recommending that the Board;suspend Article VII,Section 13 of its Rules of
Procedure(which provides the normal procedure to be followed for the holding of a
public hearing) and instead provide for the following procedure in lieu thereof
Section.13 (Temporary).'The procedure to be followed for the holding of public hearings
on Docket Numbers 11110010 A(the "Homeowners Appeal") and 11110011 A (the
"Pulte Appeal") shall be as follows:
(1) The Board shall conduct•a joint hearing on both appeals at its regular meeting of
February 27, 2012:-Not later than February 1, 2012, the respective attorneys for the
petitioners shall exchange°lists rof their spokespersons and any witnesses to be called
during the hearing; which shall:incrude the general nature of their expected testimony.
(2)The Chairperson shall officially open the public hearing.A total of
approximately"three (3) hours and forty-five (45)minutes shall'be.allotted for the entire
public hearing.During the hearing, the Chairperson may limit the length of time all
persons may speak or-request that repetitious'statements by different speakers be avoided
in order to reasonably limit the length of the hearing.
(3),Thepublic hearing shall be divided into six (6) segments of approximately thirty-
five (35) minutes each, to cover-the following topics in the following order— (A) Banked
arkmg; (B)•Streets and Curbs, (C) Landscaping and Grounds; (D) Landscape Audit; (E)
Irrigation System; and(F),Miscellaneous.
(4) Thepetitioners in the,Homeowners Appeal shall make their presentation first in
respect-to,Top ics A, C, and F listed above. The petitioner`in the Pulte Appeal shall make
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ts°p resenfation:first I7 in respect to Topics B, D, and E listed above The Chairperson shall
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allow not more than fifteen (15) minutes for each of these six (6)presentations.
(5) The petitioner in the Pulte Appeal shall make its presentation second in respect
to Topics A, C, and F listed above. The petitioners in the Homeowners Appeal shall make
their presentation second in respect to Topics B, D, and E listed above. The Chairperson
shall allow not more than fifteen (15)minutes for each of these six (6) presentations.
(6)The respondent in both appeals is the Director of the Department of Community
Services (the"Administrator"). The Administrator or his authorized representatives will
be heard third in respect to each of the Topics listed above. The Chairperson shall allow
not more than five(5)minutes for each of the Administrator's responses (if any).
(7) If, at the conclusion of the presentations and responses (if any) in respect to
Topic F, there are additional statements and/or letters from the public in support of or in
opposition to either of the appeals, the.Chairperson shall allow not more than fifteen (15)
minutes for all such statements and/or letters to be presented.
(8) During the public hearing,the parties shall have an opportunity promptly to
cross-examine any expert witnesses called by the petitioners concerning their`respective
appeals. The time consumed by any cross-examination of witnesses shall not be deducted
from the time allowed by the Chairperson for any party's presentation or response.
(9)During the public hearing, the BZA members shall have an opportunity to
question the petitioners concerning their respective appeals. As deemed necessary,
members m ay also ask for clarification of points made by witnesses or the public, or may
request a legal opinion from the BZA's counsel regarding any aspect of the appeals.
(10) The Chairperson shall ask if the BZA is ready to proceed to a vote and close the
public hearing. If the members are not ready to proceed to a vote, the Chairperson shall
then ask if the hearing should be continued to a future date. If the hearing is continued to
a future date,the Chairperson may request that either or both petitioners prepare and
submit proposed findings of fact for the members to consider.
(11) At the conclusion of the hearing, a member of the.BZA may make an
appropriate motion for disposition of either or both appeals, which must then be seconded
by another member. Any conditions regarding the upholding or denial of an appeal must
be so stated in the motion.
(12) Further discussion may be called for by the BZA: Any amendments to a
pending motion must be made,seconded, discussed and voted on, and the question shall
then be put to the BZA.
(13) Pursuant to Article VIII, Section 5 of the BZA's Rules of Procedure, the BZA
may adopt written findings of fact as submitted by either petitioner or by any interested
party, with or without modifications, specifications, or limitations, or the BZA may
delegate to its counsel the authority to prepare written findings.
cc: Stephen Buschmann, Esq., Counsel for the Homeowners
Timothy Ochs, Esq.., Counsel for Pulte
Douglas Haney, Esq., City Attorney
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Conn, Angelina V
From_ John Molitor[Imolitor @prodigy.net]
Sent: Friday,December 30, 2011 10:05 AM
To: Stephen Buschrnann; tirpothy.ophs @icemilleccom
Cc: Hollibaugh, Mike P; Conn, Angelina V; Haney, Douglas C
Subject: Pre-hearing conference -Traditions on the Monon appeals
Pursuant to Article VI, Section 7 of the Rules of Procedure of the Carmel Board of Zoning Appeals, this is to
formally notify you of the scheduling of apre-hearing conference regarding Docket Numbers 11110010 A
(HOA appeal) and 11110011 A (Pulte appeal) for Tuesday, January 3, 2012, at 2:00 PM in the Department of
Community Services conference room on the 3rd floors of Carmel City Hall. Both of these matters are currently
scheduled to be on the agenda for the BZA's regular meeting of Monday, February 27, 2012, at 6:00 PM in the
City Council chamber. As provided by Article VI, Section 7, the purpose of the conference will be to consider,
for both of these agenda items:
1. the simplification of the issues;
2. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
3. a limitation of the number of expert Witnesses;
4. an exchange of names and witnesses to be called during the hearing and the general nature of their
expected testimony;
5. the desirability of using one or more types of alternative dispute resolution before the hearing is held;
and
6. such other matters as may expedite the disposition of the agenda item[s].
As you know, the DOCS Director, Mike Hollibaugh, is essentially the respondent in both of these
administrative appeals. Therefore, the BZA has directed that I conduct the pre-hearing conference, treating him
as a participating party and not as the Board's staff. Please note that Mr. Hollibaugh is entitled to be represented
by, separate counsel at both the pre-hearing conference and the hearings before the BZA. My sole client will be
the Board itself(not the Director nor the Department).
In accordance with Article VI, Section 7,each attorney attending this conference should completely familiarize
himself or herself with all aspects of each pending item in advance of the conference and be prepared to enter
into stipulations with reference to as many facts and issues and exhibits as possible -- including the likelihood
that the BZA's Rules of Procedure will need.to be modified or,suspended for these pending hearings. The BZA
has agreed to discuss the procedural,issues regarding these appeals at its next scheduled meeting on Tuesday,
January 24, 2012, when the Board members will also be prepared to consider any rule suspensions that may be
indicated as a result of our discussions at the pre-hearing conference. Also, if it becomes necessary or advisable,
an additional pre-hearing conference may be scheduled after the BZA's January 24 meeting.
Finally, Article VI, Section 7 further provides that "[i]f, following the pre:hearing conference or during the
hearing, counsel discovers additional exhibits or the names of additional witnesses,the:same information
required to be disclosed at the conference shall be immediately furnished opposing counsel. The original of any
such disclosure shall immediately be filed with the Administrator and shall indicate the date it was furnished
opposing counsel." For purposes of this.Rule provision, please treat me as the ''Administrator"instead of Mr.
Hollibaugh (who should he treated as a party).
Don't hesitate to call.me directly if you have any questions about this conference.
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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: imolitor @prodigy.net
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Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, December 13, 2011 9:19 AM
To: 'Ochs, Timothy'
Subject: FW Traditions on the Monon HOA's Appeal
Attachments: HOA,appeal submittal 11-15-2011.pdf
. Tim—
FYI. The Traditions on the Monon homeowner.association's BZA Appeal Application is attached, regarding their appeal
to Mike Hollibaugh's Oct. 18 determination letter. It will be posted online in a few weeks.
-Angie Conn, Planning Administrator
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Conn,, Angelina V
From: Conn, Angelina V
Sent: Monday,December 12, 2011 1:13 PM
To: - 'Ochs, Timothy'
Cc Hollibaugh, Mike P Molitor,John R; Tingley,Connie S
Subject: RE: Pulte's Traditions on the Monon appeal application
Tim.-.
it,�looks like we will now just place the Appeals on the regularly scheduled BZA meeting agenda for Feb. 27, 2012.
Your docket no, is 11110011 A. Stay tuned for more info about a pre-conference hearing and other deadlines for
packets.
-Angie Conn, Planning Administrator
From: Ochs, Timothy f rrmailtoTimothy.Ochs@icemiller.coml'
Sent: Thursday, December 01, 2011 10:33 AM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P; Molitor, John.R; Tingley,Connie S
Subject: RE: Pulte's Traditions on the Monon appeal application
Thanks for the e-mail. Thank you also for taking care of the notices.
Tim
LEt1 L C1-11114.SE` L
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TIMOTHY E.OCHS
Attorney at Law
Phone 317-236-5952 One American Square
Fax 317-592-4720 Suite 2900
'Cell 317-695-8386 Indianapolis,IN 46282-0200
Email timothy.ochs @icemiller.com www.icemiller.com
Open as vCard
From Conn,Angelina V f mailto`.Aconn@ carmel.in.aovl
Sent: Thursday,:December 01, 2011 10:14 AM
To Ochs, Timothy
Cc Hollibaugh, Mike P, Molitor, John R; Tingley, Connie S
Subject:!Pulte's Traditions on the Monon appeal application
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Conn, Angelina V
From: Conn, Angelina V
Sent: Thursday; December 01, 2011 10:14 AM
To: 'Ochs, Timothy
Cc:. Hollibaugh, Mike.P 'Molitor,John R; Tingley, Connie S
Subject: Pulte's Traditions on the Monon appeal application
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Good morning,Tim—
a special BZA meeting will be held on Monday,January 30, 2012 at 6:00pm, in order to have a public hearing for the two
' appeals.
DOCS will do the public notice; You will not need to do the:public notice.
Your docket no. is 11110011 A. •
Stay tuned for more info about a pre-conference,hearing and other deadlines for packets.
Sincerely,
Angie Conn, Planning,Administrator
City°of Carmel Planning &Zoning Division
Dept. of Community Services (DOCS)
1. Civic Square, 3rd Flr.
Carmel, IN 46032
0: 317-571-2417 I F: 317-571-2426 I E: aconn @carmel.in.gov
Check out our new website: www.carmeldocs.com
Please consider the environment before printing this e-mail
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Conn,Angelina V
From: Conn, Angelina V
Sent:. Thursday, November 17, 2011 12:13 PM
To: Hollibaugh, Mike P
Cc 'John Molitor'; Haney, Douglas C; Brainard, James C
Subject: RE: Traditions on the Monon Appeal Pulte.
Attachments: Pulte appeal submittal 1.1-17-2011.pdf
Also, here is Pulte's BZA Appeal applicationh,attached.
BZA Docket numbers will be assigned in a week or so.
-Angie Conn, Planning Administrator
From: Conn,Angelina V
Sent: Tuesday,"November 15, 2011 2:48 PM
To: Hollibaugh, Mike P
Cc: 'John Molitor'; Haney, Douglas C; Brainard, James C
Subject: Traditions on the Monon HOA's Appeal
Mike—
The Traditions on the Monon homeowner association's BZA Appeal Application is attached, regarding their appeal to
your Oct. 18 determination letter.
Now,just waiting for Pulte's Appeal Application....
Angie Conn, Planning Administrator
City of Carmel Planning &Zoning Division
. Dept of Community Services
1 Civic Square, 3rd Flr.
Carmel, IN 46032
0: 317-571-2417 I F: 317-571-2426 I E: aconn@carmel.in.gov
Check out our new website: www.carmeldocs.com
Please consider the environment before printing this e-mail
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