HomeMy WebLinkAboutCorrespondence Lopez, Alexia K
From: Lopez, Alexia K
Sent: Wednesday,July 16, 2014 3:20 PM
To: Marge Mikels (MMikels @poolsoffun.com)
Subject: FW: Docket No.Assignment: (V) Rogers Pool Setback,Woods at Williams Creek, Lot 22 (#
14060011 V)
Attachments: Application, 14060011 V.pdf
Hi Marge,
We have a few more comments regarding the variance for a new pool at 509 Wetherby Lake Dr, if you could please respond to
each comment at your earliest convenience.
1. Please verify that NO pool piping will be within the easement, only decking.This also includes the pool foundation.
According to the plans we have,the pool cover equipment is within the easement. It is suggested that it be relocated so
as to not have any equipment within the easement.
2. Please verify that the pool decking shall be installed at the existing grade and shall not alter or modify the grade of the
easement. Please be sure that none of the fill from excavation will be placed within three feet of any easement.
3. Please provide written proof(email or letter)of approval of the improvements in the easement by the HOA.
4. A copy of this application has been sent to the Engineering Department as well for their review. Please contact and
work with them to get additional approvals needed to have the pool deck encroach into the drainage and utility
easement. Also, if the owner wants to have landscaping in the easement, the Engineering Department must be
contacted in order to obtain the necessary approvals.
Let me know if you have any questions.
Thanks,
Alexia Lopez
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awold(c carmel.in.gov
APlease consider the environment before printing this e-mail
From: Conn, Angelina V
Sent: Friday, June 20, 2014 1:51 PM
To: Donahue-Wold, Alexia K; Barnes, David R; Blanchard, Jim E; Duncan, Gary R; Haney, Douglas C; Hollibaugh, Mike P; 'John
Molitor'; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie 5; 'Greg Ilko'; Davis, Harry L;
Jordan, Alex; Boone, Tiffany; Barnes, David R
Cc: 'Marge Mikels'; Kemmam @aol.com
Subject: Docket No. Assignment: (V) Rogers Pool Setback, Woods at Williams Creek, Lot 22 (#14060011 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for(V)Rogers Pool Setback,
Woods at Williams Creek,Lot 22,and the scanned application is attached. It will be the following:
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Lopez, Alexia K
From: Duncan, Gary R
Sent: Wednesday,July 02, 2014 4:46 PM
To: Conn, Angelina V; Donahue-Wold, Alexia K, Barnes, David R, Blanchard, Jim E, Haney, Douglas C;
Hollibaugh, Mike P; 'John Molitor'; Kass, Joslyn; Keeling, Adrienne M, Keesling, Rachel M;
Littlejohn, David W, Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas
F; Motz, Lisa; Stewart, Lisa M; Thomas, John G;Tingley, Connie S; 'Greg Ilko'; Davis, Harry L;
Jordan, Alex; Boone, Tiffany; Barnes, David R; Kashman, Jeremy M; Glaser, Fred J
Cc: 'Marge Mikels'; Kemmam @aol.com
Subject: RE. Docket No. Assignment: (V) Rogers Pool Setback,Woods at Williams Creek, Lot 22 (#
14060011 V)
Good afternoon all.
The City has recently approved two other, similar requests. In each case, Engineering was of the opinion that the installation of
the patio within the easement would not result in a Detriment(as defined in City Code)to the subject property or the adjacent
properties nor would the improvement have a negative impact on the function of the adjacent detention facility provided the
petitioner adhered to certain conditions.
From the previous approvals, we established that the Hamilton County Surveyor's Office does not regulate this easement and is
not part of the approval process.
A right-of-way permit will be required for construction equipment access to the property from the City right-of-way.
Engineering recommends the same conditions of approval as the two previous requests, which are as follows:
1. Petitioners enter into a Consent-to-Encroach Agreement with the City and record the Agreement.The Consent-to-
Encroach Agreement is a document that acknowledges, among other things, that the improvement is within the
easement,that the easement holder(s) has certain rights to that easement and that the improvement is at risk to
the easement holder(s).
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. The zoning
ordinance also states that no fill from the pool excavation shall be placed within three feet of any easement.
5. The pool, the foundation of the pool and any underground piping associated with the pool shall remain outside of
the easement.The current plan indicates the pool being install right to the easement line.The location of the pool
may need to be revised slightly to conform to this condition of the approval.
Please let me know if you have any questions.
Thanks so much,
Gary
From: Conn, Angelina V
Sent: Friday, June 20, 2014 1:51 PM
To: Donahue-Wold, Alexia K; Barnes, David R; Blanchard, Jim E; Duncan, Gary R; Haney, Douglas C; Hollibaugh, Mike P; 'John
Molitor'; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie 5; 'Greg Ilko'; Davis, Harry L;
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Conn, An ehona V
From: Greg Ilko <gilko @crossroadengineers.com>
Sent: Wednesday, June 25, 2014 8:05 AM
To: Conn, Angelina V
Cc: Duncan, Gary R; Greg Noyes; Thomas, John G; Jordan, Alex
Subject: RE: Docket No. Assignment: (V) Rogers Pool Setback, Woods at Williams Creek, Lot 22
(#14060011 V)
I will have no comment with regards to this variance request.
Gregory J. Ilko, P.E.
CrossRoad Engineers, PC
3417 Sherman Drive
Beech Grove, IN 46107
Office: 317-780-1555 ext. 112
Mobile: 317-408-3609
Fax: 317-780-6525
www.crossroadengineers.com
From: Conn, Angelina V [mailto:Aconn @carmel.in.gov]
Sent: Friday, June 20, 2014 1:51 PM
To: Donahue-Wold, Alexia K; Barnes, David R; Blanchard, Jim E; Duncan, Gary R; Haney, Douglas C; Hollibaugh, Mike P;
'John Molitor'; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue;
Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie S;
'Greg Ilko'; Davis, Harry L; Jordan, Alex; Boone, Tiffany; Barnes, David R
Cc: 'Marge Mikels'; Kemmam @aol.com
Subject: Docket No. Assignment: (V) Rogers Pool Setback, Woods at Williams Creek, Lot 22 (#14060011 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for(V)Rogers Pool
Setback,Woods at Williams Creek, Lot 22,and the scanned application is attached. It will be the following:
(V)Rogers Pool Setback,Woods at Williams Creek, Lot 22.
The applicant seeks the following development standards variance approval for a new pool:
Docket No. 14060011 V ZO CH:25.01.01.C.8.a.iii: 3 ft. Min. Pool Setback from Easement, pool decking requested
in easement
The site is located at 509 Wetherby Lake Drive. It is zoned S-1/ROSO Ill. The minimum setback from an easement for a
pool is 3 feet and the petitioner is requesting the pool deck encroach into the drainage and utility easement by 2
feet. Filed by Marge Mikels of Pools of Fun, on behalf of Angela and Joseph Rogers, owners.
Marge can be contacted at 714-3495 or at MMikels(apoolsoffun.com.
Filing Fees:
Development Standards Variance Residential, Hearing Officer $160.00
Total Fee $160.00
Filing Dates& Deadlines. Petitioner, please note the following:
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Conn, An•elina V
From: Conn,Angelina V
Sent: Thursday, June 19, 2014 2:00 PM
To: 'Kemmam @aol.com'
Cc: 'Marge Mikels'
Subject: FW: City Of Carmel 485 Wetherby Lake Drive Morse Proposed Pool (509 Wetherby)
Hi, Marge—
In anticipation of our conference call today, here is some correspondence from the City Engineering Dept. about another
site on Wetherby Drive, that is currently seeking a BZA Variance,too. You will most likely get similar, or the same,
review comments, from the Engineering Dept..
Angie Conn, Planning Administrator
City of Carmel Planning &Zoning Division
Dept. of Community Services
1 Civic Square, 3rd Flr., Carmel, IN 46032
Office: 317-571-2417 I Direct: 317-571-2281 I Fax: 317-571-2426 1 E-mail: aconn @carmel.in.gov I Web:
www.carmeldocs.com
Please consider the environment before printing this e-mail
From: Duncan, Gary R
Sent: Tuesday, April 08, 2014 12:27 PM
To: Morse, Eric(US - Indianapolis)
Cc: Karla Schlichte; Martin, Libby; Conn, Angelina V; Donahue-Wold, Alexia K; Keesling, Rachel M
Subject: RE: City Of Carmel 485 Wetherby Lake Drive Morse Proposed Pool
Good afternoon Mr. Morse.The full BPW and BZA will need to review this request.We normally ask that these go to the
BZA first and then to the BPW.The applications and process are available on the City's website.You may also contact
Planning and Zoning for assistance.
Thanks so much,
Gary
From: Morse, Eric (US - Indianapolis) [mailto:emorseftdeloitte.com]
Sent: Wednesday, April 02, 2014 11:34 AM
To: Duncan, Gary R
Cc: Karla Schlichte
Subject: RE: City Of Carmel 485 Wetherby Lake Drive Morse Proposed Pool
Gary—
Thank you very much for the thorough and timely review of our proposal. Please forgive my ignorance, but what do we
need to do next?The HOA has already approved our plan so how do we begin the variance request process? Does this
need to go to the full board or can a desk review and approval be performed?
Kindly advise at your convenience.
Regards,
Eric
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.v
From: Duncan, Gary R [mailto:gduncan@carmel.in.gov]
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...) 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.
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l
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
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)
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gduncan @carmel.in.gov
Please consider the environment before printing this e-mail
4
Conn, An•elina V
From: Kemmam @aol.com
Sent: Thursday, June 19, 2014 1:49 PM
To: Conn, Angelina V
Cc: mrnikels @poolsoffun.com
Subject: Fwd: FW: BZA variance for pool? (509 Wetherby Lake Dr)
Angie,
A conference call for today would be great- If you would call & refresh my memory that would be a great help.. The
variance would be for encroachment into a D.&U.E. easement requesting 2' of concrete walkway around the pool The
pool structure will not be in the easement.
Property location: 509 Wetherby Lake Dr. Lot 22 in The Woods At Williams Creek
Thanks for your call & always thanks for your help.
(our POF Server is down -so I have to use my home email)
Marge Mikels
Pools of Fun
317-714-3495
mmikels @poolsoffun.com.
From: MMikels @poolsoffun.com
To: kemmam @aol.com
Sent: 6/19/2014 1:40:27 P.M. US Eastern Daylight Time
Subj: FW: BZA variance for pool?
Marge Mikels
Pools of Fun, Inc
317-714-3495 cell
mmikels@poolsoffun.com
From: Conn, Angelina V [mailto:Aconn@@carmel.in.gov]
Sent:Thu 6/19/2014 12:39 PM
To: Marge Mikels
Subject: BZA variance for pool?
Hi Marge - I listened to your phone message, and I can meet with you around 2 or 2:30 today. Or, we
can just have a conference call if you want!
Angie Conn,Planning Administrator
City of Cannel Planning&Zoning Division
Dept.of Community Services
1 Civic Square,3rd Flr.,Cannel.IN 46032
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