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HomeMy WebLinkAboutCorrespondence Tingley, Connie S From: Donahue-Wold, Alexia K Sent: Monday, June 09, 2014 4:33 PM To: 'Karla Schlichte' Cc: Morse, Eric (US -Indianapolis), Conn, Angelina V;Tingley, Connie S Subject: RE: Morse Pool Setback Hi Karla, Below are answers to your questions. Also, I will be out of the office(for my wedding/honeymoon :) starting Thursday June 12th until June 27th. Angie Conn will be the planner at the meeting representing the Department instead of me. If you have any questions after June 11th please feel free to contact Angie at aconn@carmel.in.gov or Connie Tingley at ctinglev@carmel.in.gov Thanks, Alexia From: Karla Schlichte [mailto:kschlichte(aguerincatholic.orq] Sent: Monday, June 09, 2014 9:03 AM To: Donahue-Wold, Alexia K Cc: Morse, Eric (US - Indianapolis) Subject: Morse Pool Setback Alexia— A couple of final questions and issues of clarification: Attached is what I am proposing be included in the "9 Informational Packets" that are due to be delivered to the BZA Secretary Connie Tingley by Friday,June 13. 2014. Would you be so kind as to review the attached and make sure that I have the correct information. Could you also tell me where Connie Tingley's office is located? Is it the same as your office? The packets look good! Connie is located in the same office I am. She sits up front when you walk in, but anybody can take the packets for you and make sure she gets them. I have the Proof of Notice for the Noblesville Times(which was sent directly to Connie Tingley as well),the Petitioner's Affidavit of Notice of Public Hearing(page 8) along with all the green cards that were returned to me, and the Public Notice Sign Placement Affidavit. Do I turn those into you? Am I forgetting anything? (They are all notarized.) You can turn those in to Connie as well when you drop off the packets. I think you've got it all covered. I need to pay the $160 fee—who do I make the check out to and where do I turn that in? To your office? You can make the check out to City of Carmel and you can drop it off at our office when you bring in the packets. On June 23, your previous instructions state that I am to provide a fully filled out Findings-of-Fact sheet (page 10) and the Ballot Sheet(page 9). Aren't those already included in the Informational Packets(item 1 above)? Do I just bring additional copies to the meeting or is there something else that I am supposed to be preparing? Those are already included in the Informational Packets, but we ask people to bring an extra copy to the meeting in case the Hearing Officer doesn't have their copy with them. On the evening of June 23, do we need to be prepared to present anything or just be there to answer questions? Please advise! Yes, you will start with a short presentation about what you are requesting. Then the public hearing is opened 1 up for anybody who wishes to speak in favor or against, then there is the Department recommendation, and then the hearing officer asks any questions they may have. I am available today or tomorrow to drop off the information and the checks once you review and approve Thanks again for all your help! Karla M. Schlichte Director of Finance and Operations Guerin Catholic High School 15300 N. Gray Road Noblesville, Indiana 46062 Direct dial (317) 660-0455 Cell (317) 435-2857 Lead with Humility *Serve with Love * Trust in Providence From: copier @guerincatholic.orq [mailto:copier @guerincatholic.orq] Sent: Monday, June 09, 2014 8:36 AM To: kschlichte @guerincatholic.orq Subject: Message from Business Office_C284e ***************************************************** ATTENTION: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. *********************************************************** 2 Conn, An•elina V From: Duncan, Gary R Sent: Friday, June 06, 2014 947 AM To: Conn, Angelina V Subject: FW: City Of Carmel 485 Wetherby Lake Drive Morse Proposed Pool Angie...is input needed for the Staff Report for this variance? Here is my input if needed. Thanks so much, Gary From: Duncan, Gary R Sent: Wednesday, April 02, 2014 11:23 AM To: 'Morse, Eric(US - Indianapolis)' Cc: Conn, Angelina V; Donahue-Wold, Alexia K; Kashman, Jeremy M; Keesling, Rachel M; Martin, Libby Subject: City Of Carmel 485 Wetherby Lake Drive Morse Proposed Pool Good morning Mr. Martin,thank you for submitting the plan. It appears that the pool and surrounding deck will encroach into the easement. Platted easements can sometimes make improving your property a challenge but we try to find a way to allow you to further your enjoyment of your property (as you have a right to)while protecting the intent of the easement and the benefit it provides to your property and others as well. The proposed improvements will require certain variances. I looked back at the approval process for your neighbor...I expect that the same items apply. They needed to obtain variance from the following: 1. Ordinance Ch. 25.01.01.C.8.a.i: pool side yard setback.The minimum side yard setback for the pool/deck is 10- feet.This may not be required in your case. 2. Ordinance Ch. 25.01.01.C.8.a.iii: pool setback from an easement.The pool and deck cannot be within 3-feet of the easement.You are requesting an encroachment into the easement of 4.5-feet. [which is really a 7.5-foot encroachment into the area governed by the ordinance] 3. Board of Public Works and Safety for improvements within the easement. The petitioner received approval of necessary zoning variances on February 27, 2012. This approval was conditioned upon BPW approval. BPW approval was obtained in early March as I recall (I did not confirm this by searching our records...but it was about this time) conditioned on the following: 1. Petitioners enter into a Consent-to-Encroach Agreement with the City and record the Agreement. 2. Petitioners (and successors and assigns) agree to remedy(including removal of the patio and/or relocating the patio from the installed location) any drainage issues that in the opinion of the City represent a Detriment as defined in City Code. 3. Provide written proof to the City of approval of the improvements in the easement by the HOA (if such approval is required by the restrictive covenants of the development). 4. Patio shall be installed at the existing grade and shall not alter or modify the grade of the easement. We were of the opinion that the installation of the patio at the proposed location would not result in a Detriment(as defined in City Code)to the subject property or the adjacent properties provided the petitioner adhered to the conditions outlined above. As with your neighbor, I do not expect the proposed improvements will have a negative impact on the function of the adjacent pond as the improvements are above the stated 100-year elevation of the detention facility. However, there are other items to consider in approving the encroachment. Even if the improvements do not have a negative "engineering" impact, the improvements represent what can be a significant investment to have at risk from the easement holder. 1. If encroachments were allowed on all the lots surrounding the pond,there may be a time when it is determined that the encroachments into the easement are collectively resulting in a problem, either for the adjacent properties or properties up and/or downstream, one remedy would certainly be to cause the removal of all such improvements from the easement. Due to the significant investment made, I would expect that this would be a difficult action for the City to enforce.Other alternatives would need to be pursued, if such alternatives even exist.A situation that could certainly be avoided by not supporting encroachments into the easement. 2 Pond easements customarily also serve to allow equipment access for proper maintenance of the ponds. So, even if the improvements are at an elevation where they do not impair the proper function of the detention facility,they can make routine maintenance of the pond difficult and/or more expensive for the HOA or simply not possible and the condition of the pond could deteriorate as a result. 3. Improvements in the easement such as a pool deck usually require the grade to be altered within the easement; further reducing the effective width of the easement. In the case of your neighbor, we made a condition of the BPW approval that the grade of the easement not be altered by the improvements. We would require the same from your project.The zoning ordinance also states that no fill from the pool excavation shall be placed within three feet of any easement. Of note when comparing your project to your neighbor's project,the pool was 1.5-feet outside of the limits of the easement.This allowed some space for the pool piping to remain outside of the easement. Since such piping is critical to the proper function of the pool,this is something that I would request of your project. We would support the pool deck encroaching into the easement provided that it was at the grade of the current easement similar to the conditions of your neighbor's approval. The Consent-to-Encroach Agreement referenced in the conditions of the BPW variance is a document that acknowledges, among other things,that the improvement is within the easement and that the easement holder has certain rights to that easement. From the approval for your neighbor,we established that the Hamilton County Surveyor's Office does not regulate this easement and is not part of the approval process. There does not appear to be any side yard easement from the plot plan...please confirm. We will need HOA approval of the encroachment as I expect they benefit from this easement 2 s Your plan also proposed landscaping in the easement.This will also require a variance and consent-to-encroach. We would request that the grade of the easement not be altered by the landscaping...which can be tough as these areas tend to be mulched which raises the grade slowly over time as the material decomposes. Thanks so much, Gary Gary R. Duncan,Jr., PE Assistant City Engineer City of Carmel Department of Engineering One Civic Square Carmel, IN 46032 (317) 571-2441 (317) 571-2439 (fax) gduncan @carmel.in.gov Please consider the environment before printing this e-mail 3 Donahue-Wold, Alexia K Subject: FW. FW. FW: Morse Pool Plan 5-09-12 Alexia - After I sent you my earlier reply, I spoke to my husband who said that we had received written approval from the HOA for the construction of our pool. See the email below that is from Ralph Akard who built our house and is the President of the HOA. I assume the email approval below will suffice? Please let me know if I need to do anything further. Respectfully, Karla M. Schlichte From: Ralph Akard [mailto:ralph @akardbuilt.com] Sent: Wednesday, May 09, 2012 3:35 PM To: Morse, Eric (US - Indianapolis) Cc: Molly Akard Subject: Re: FW: Morse Pool Plan 5-09-12 Eric, Since our last conversation, I forgot I had passed your pool info to Jerry for any comments. Sorry for the delay. Upon review, The Woods @ Williams Creek HOA(WWC)gives favorable/positive recommendation for the Pool and Landscaping as per plans for Lot 24 WWC ( 485 Wetherby Lake Dr.) The following conditions to be addressed prior to construction. 1)Owner not to impede drainage flow between adjacent WWC lots 23/25. 2) No fence/ing allowed in D&UE. 3)Two hard copies(delivered and/or mailed) 1/8 or 1/4 inch scale. Minimum five (5)working days prior to construction for further review. 4) Final plans to be stamped/dated/signed upon WWC HOA final approval. One(1)copy to be sent back to owner. 5) Final permission and /or permits to be received/reviewed by Carmel Community Development or appropriate Carmel Office prior to any construction. Plans can be mailed to/or dropped off to the below address. 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