Members of Summer
Tree Homeowners Association were successful in getting the new subdivided
lot owners to join the Homeowners Association as the Town of Porter’s
Advisory Plan Commission voted 4-1 Tuesday to recommend amending the planned
unit development ordinance to the Town Council.
brought resolution to the ongoing proposal to divide lots 1-4 on Summer Tree
Dr. at the subdivision’s entrance into seven residential lots and subdivide
the vacant Lot 25 into two on Saddle Back Lane.
“I think we did all
right. It’s been going on for a long time,” said Commission President Jim
The Town first
heard plans to put in new homes at a technical review committee meeting last
year in June, then by developers Dan Metcalf and James Fowler. The two
withdrew their petition late last year but it was picked up by the original
developer of Summer Tree Subdivision, Fox Chase Development.
The Summer Tree HOA,
with its attorney Connor Nolan, asked that agreements be worked out on how
drainage and parking will be maintained to ensure that property values would
not be negatively affected.
Each lot will have
a two-unit home for a total of 18 units, said attorney Todd Leeth,
representing Fox Chase Development. The homes on Summer Tree Drive will have
two-car garages and a double driveway to minimize parking on the roadways.
Nolan and Leeth
said at the start of the meeting that the two of them have worked on an
agreement for the new homes to be part of the existing HOA, sharing the
costs for drainage and maintenance. Leeth mentioned that each unit would
contribute $250 to the HOA prior to breaking ground since they will benefit
from a major project involving the detention pond about a year ago.
There are two
issues left to decide, Leeth said. One was to decide the management of a
private drive behind the Saddle Back Ln. lots. The town would not manage it.
Leeth said the owners of the four units could use the lane as their
driveways and therefore would be responsible for maintaining portions of it.
The homes on those lots would have rear-loaded garages so they won’t be seen
from Saddle Back Ln., Leeth said.
The private drive
adjoins the property for the Computer Education Institute, Town Development
Director Michael Barry said, which may be responsible for maintaining a
portion of it.
The second issue,
which generated some lengthy discussion, was how the maintenance would be
divided up between the 14 residential units on Summer Tree Drive and the
Town for sewer mains and laterals.
What makes the
issue more complex is the Town is going to pave the Summer Tree Dr. later
this month and plan members were questioning what would need to be done to
prevent damage to the road in the near future when those homes go in.
Director Brenda Brueckheimer said she would like to see drawings to see
where sewer taps are. Leeth said there are four taps. Town Planner Jim
Mandon agreed that those should be located.
however has to have its own service lateral, Brueckheimer noted.
In the end, the
planners came to the conclusion that the homeowner be responsible for their
sewer laterals extending from their homes to the mains. The town would be
responsible for the infrastructure in the roadway.
Barry said that the
infrastructure has been in place since the subdivision was developed. Those
lots had originally been intended for commercial properties, Barry said, so
they should be able to handle the residencies.
The issue over the
sewer taps is what caused planner Erik Wagner to cast the commission’s one
dissenting vote. Wagner said the issue should have been worked out long ago
since it’s been nearly a year that the case has been in front of the
Later on Wednesday,
the Board of Zoning Appeals met for a public hearing on John Markos’ request
for a development standards variance to construct a garage on the northeast
corner of his residence at 1550 Main St.
No one showed to
speak in favor or opposition.
Barry said knowing
Markos, the work will be “top of the line” and the garage will match the
appearance of the house. Mandon said he could find no negatives in the plan.
The BZA voted 3-0
in approval of the request.