HomeMy WebLinkAboutCorrespondence
Shestak, Joe
From:Conn, Angelina V
Sent:Tuesday, December 18, 2018 2:59 PM
To:'Rex Brown'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Good afternoon, Rex –
Listed below are the answers to your questions:
Yes, the BZA Hearing Officer meeting will still take place at 5:30pm tonight. It is located in the Caucus Rooms (to the left of the
nd
Council Chambers) on the 2 Floor of Carmel City Hall, 1 Civic Sq. Carmel, IN 46032. You do not need to sign in, but if you
decide to speak, you will need to give us your name and neighborhood in which you live.
Yes, there are a few new documents on laser fiche (aerial photos and such); here is a direct web link to the petition on laser
fiche online: http://cocdocs.carmel.in.gov/WebLink/0/fol/1578831/Row1.aspx. Also, the petitioner plans to bring a few
additional items to the meeting, such as a proposed draft of Commitments that will help address the concerns spelled out in
David’s email below, and maybe also a site plan that shows areas on the lots where they might do some tree preservation.
Planning Staff is going to try to get your concerns addressed at the meeting tonight. Not sure what more you can say to the
Hearing Officer, unless you have anything additional or different to add.
Thanks!
Angie Conn, AICP
Carmel Planning & Zoning Dept.
rd
1 Civic Sq. 3 Flr., Carmel, IN 46032
P: 317-571-2417 | W: www.carmeldocs.com
From: Rex Brown \[mailto:rexbrown@homesbyrexbrown.com\]
Sent: Tuesday, December 18, 2018 2:16 PM
To: Conn, Angelina V
Subject: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Angie,
I live near this project and will attend the hearing tonight at 5:30pm. Can you provide the following pls?
Is the hearing still on for 5:30pm.
Any new documents since yesterday?
Where do I go?
Do I sign in?
My only objection is well sorted by David Shelton’s 12.17.18 email. Do I need to say more tonight?
Thank You,
Rex Brown
Homes By Rex Brown
2167 Finchley Road
Carmel Indiana 46032 USA
www.HomesByRexBrown.com
RexBrown@HomesByRexBrown.com
Main: 317-587-1388 (direct and mb)
From: David Shelton <dshelton@defur.com>
1
Shestak, Joe
From:Conn, Angelina V
Sent:Tuesday, December 18, 2018 11:25 AM
To:'steve moed'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Attachments:aerial photo with parcels.pdf; aerial photo site plan Sept. 2018.jpg
Steve - Feel free to utilize the attached images. Thanks,
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: steve moed \[mailto:slmhomes@yahoo.com\]
Sent: Tuesday, December 18, 2018 11:22 AM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Re: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Angie,
Almost all trees in front and sides of construction area of home are as I said...are dead, ash or 2-3 ft below
curb and would be too low to save. Only the rear yard behind the pool area the grade goes up hill and will
allow trees able to be saved. I will bring Arial with highlighted area of trees to meeting
Thank you,
Steven Moed, President
SLM Homes, LLC.
SLM Remodeling, LLC.
PO Box 4102
Carmel, Indiana 46082
Office: 317-846-7709 Mobile: 317-281-5224
www.slmhomes.net
www.facebook.com/slmhomes
From: "Conn, Angelina V" <Aconn@carmel.in.gov>
To: 'steve moed' <slmhomes@yahoo.com>
Cc: "Shestak, Joe" <jshestak@carmel.in.gov>
Sent: Tuesday, December 18, 2018 10:41 AM
Subject: RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Hello again, Steve –
This is also good info that you should include in your verbal presentation to the BZA Hearing Officer tonight.
The rear (north) side of the lots is a 20-ft wide and a 30-ft wide drainage, utility, and sewer easement, so technically,
the entities that have rights to that easement could clear out 100% of the trees at any time (not that it would ever
happen.) so you would have to look at preserving any trees outside the easement area, but also outside the
construction limits area.
1
Shestak, Joe
From:Conn, Angelina V
Sent:Tuesday, December 18, 2018 10:41 AM
To:'steve moed'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Hello again, Steve –
This is also good info that you should include in your verbal presentation to the BZA Hearing Officer tonight.
The rear (north) side of the lots is a 20-ft wide and a 30-ft wide drainage, utility, and sewer easement, so technically, the
entities that have rights to that easement could clear out 100% of the trees at any time (not that it would ever happen.) so you
would have to look at preserving any trees outside the easement area, but also outside the construction limits area.
It might be good to provide an exhibit that shows the proposed site plan overlaid upon an aerial photo of the two lots, where
you can also circle the potential tree preservation areas. …Here is a web link to our interactive GIS map viewer, and it also has
drawing tools and measuring tools, in addition to the 2018 aerial photo layer, if you want to use that, too.
See you tonight,
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: steve moed \[mailto:slmhomes@yahoo.com\]
Sent: Monday, December 17, 2018 4:53 PM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Re: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Angie,
Maybe the back 20-30 ft of lot can be preserved possibly. This has not been required of any other
homeowner whom purchased a lot in Towne Oak Estates by Carmel or by the HOA in this neighborhood.
Most of the trees in house, pool, drive or front yard will have to come down, are ash trees or dead. Only the
rear of lot are salvageable and I know our homeowner at this time would like to keep for privacy.
Thank you,
Steven Moed, President
SLM Homes, LLC.
SLM Remodeling, LLC.
PO Box 4102
Carmel, Indiana 46082
Office: 317-846-7709 Mobile: 317-281-5224
www.slmhomes.net
www.facebook.com/slmhomes
From: "Conn, Angelina V" <Aconn@carmel.in.gov>
To: 'steve moed' <slmhomes@yahoo.com>
1
Shestak, Joe
From:Conn, Angelina V
Sent:Tuesday, December 18, 2018 10:32 AM
To:'slmhomes@yahoo.com'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Hi, Steve –
Thanks for the email. This info will be good for you to include in your verbal presentation to the BZA Hearing Officer tonight.
This lot is different because you are requesting a variance from the Unified Development Ordinance asking for something that
is normally not allowed, and also there are neighbors that have concerns.
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: steve moed \[mailto:slmhomes@yahoo.com\]
Sent: Monday, December 17, 2018 4:34 PM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Most of the trees on this lot are twoor 3ft foot below the curb or in the house or soqce of drive and will have to be
removed there has not been any tree preservation requirements in the entire subdivision why would this lot be any
different.?
Sent from Yahoo Mail on Android
On Mon, Dec 17, 2018 at 4:25 PM, Conn, Angelina V
<Aconn@carmel.in.gov> wrote:
Hi, Steve - I cannot recall if I relayed this to you or not, but it has also been suggested by Planning Staff that you provide for tree
preservation areas on the site plan. I think that will help put the neighbors at ease, too, if the wooded areas on the site are shown
(and maybe even committed to being) preserved. Thanks,
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: Conn, Angelina V
Sent: Monday, December 17, 2018 2:07 PM
To: 'steve moed'
Cc: Shestak, Joe
Subject: RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Sounds good. Thank you.
1
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, December 17, 2018 2:07 PM
To:'steve moed'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Attachments:Commitments Concerning the Use and Development of Real Estate.docx
Hi Steve –
No, you do not have to have this document signed or notarized or recorded by tomorrow’s meeting. Just a draft of it,
presented to the hearing officer will work, and then we will ask that you get it completed and recorded within 30 days.
Attached is a modified draft with some suggested changes.
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: steve moed \[mailto:slmhomes@yahoo.com\]
Sent: Monday, December 17, 2018 1:27 PM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Re: Docket No. 18110001 V: Sprunger Residence/Pool Setback
sorry...caught a couple errors this one should be correct. Owners need to sign & notarize before tomorrows meeting?
Owners need to record before tomorrows meeting?
Thank you,
Steven Moed, President
SLM Homes, LLC.
SLM Remodeling, LLC.
PO Box 4102
Carmel, Indiana 46082
Office: 317-846-7709 Mobile: 317-281-5224
www.slmhomes.net
www.facebook.com/slmhomes
From: steve moed <slmhomes@yahoo.com>
To: "Conn, Angelina V" <Aconn@carmel.in.gov>
Cc: "Shestak, Joe" <jshestak@carmel.in.gov>
Sent: Monday, December 17, 2018 1:20 PM
Subject: Re: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Would a document like this work... I can have owners sign & notarize....Do you records or do we need to?
Thank you,
Steven Moed, President
SLM Homes, LLC.
SLM Remodeling, LLC.
PO Box 4102
1
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, December 17, 2018 11:33 AM
To:'slmhomes@yahoo.com'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Steve –
It is not a letter that the neighbors would sign; it is an official document that you will ultimately get recorded.
nd
I also just read your other email about a 2 house not being able to fit on the eastern lot. Maybe you can provide/show a
conceptual to-scale site plan at the public hearing that shows all the building setbacks and also shows two house
locations/footprints, and that it could not work? …The more you can prove your case to the Hearing Officer, the better.
Angie Conn, AICP
Carmel Planning & Zoning Dept.
From: steve moed \[mailto:slmhomes@yahoo.com\]
Sent: Monday, December 17, 2018 11:30 AM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Re: Docket No. 18110001 V: Sprunger Residence/Pool Setback
That is not a problem I will prepare the letter and have the homeowners sign it and have it notarized for our meeting
tomorrow evening
Sent from Yahoo Mail on Android
On Mon, Dec 17, 2018 at 11:22 AM, Conn, Angelina V
<Aconn@carmel.in.gov> wrote:
Hi, Steve – I think Joe might have blind copied you on this email.
Regarding this ‘remonstrance’, what Planning Staff might do at the meeting is suggest that the Hearing Officer approve your
petition, but with the condition that Commitments are recorded at the County, that state that the two lots will always be owned
by one land owner and that only one Single Family house will exist on the two lots, and that those Commitments also have a
clause that if they are to be amended that a Commitment Amendment petition would be filed in front of the full BZA board.
We would also suggest that the hearing officer require that the commitments are drawn up and recorded within 30 days of his
vote, and that a copy of those recorded commitments are also provided to Planning Staff within 30 days.
It would be great if you are able to bring a draft copy of your Commitments to the meeting tomorrow night. (Attached are two
examples of Commitment text.)
Thanks,
1
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, December 17, 2018 11:22 AM
To:'steve moed'
Cc:Shestak, Joe
Subject:FW: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Attachments:2017 Modified Commitments Concerning the Use and Development of Real Estate-Schools-
DRAFT.docx; Commitments, Recorded_03-23-2017.pdf
Hi, Steve – I think Joe might have blind copied you on this email.
Regarding this ‘remonstrance’, what Planning Staff might do at the meeting is suggest that the Hearing Officer approve your
petition, but with the condition that Commitments are recorded at the County, that state that the two lots will always be
owned by one land owner and that only one Single Family house will exist on the two lots, and that those Commitments also
have a clause that if they are to be amended that a Commitment Amendment petition would be filed in front of the full BZA
board.
We would also suggest that the hearing officer require that the commitments are drawn up and recorded within 30 days of his
vote, and that a copy of those recorded commitments are also provided to Planning Staff within 30 days.
It would be great if you are able to bring a draft copy of your Commitments to the meeting tomorrow night. (Attached are two
examples of Commitment text.)
Thanks,
Angie Conn, AICP
Carmel Planning & Zoning Dept.
317-571-2417
From: Shestak, Joe
Sent: Monday, December 17, 2018 11:01 AM
To: Shestak, Joe
Subject: FW: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Letter #01
From: David Shelton \[mailto:dshelton@defur.com\]
Sent: Monday, December 17, 2018 10:55 AM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Angi - I spoke with Joe Shestak last week concerning the Sprunger variance request and the concern of
various neighbors with the regard to the grant of the requested variance. Specifically, some neighbors are
concerned that notwithstanding the Petitioners' representation that their intent is to develop/use the two (2)
lots as one, a future owner of lot 9 may attempt to build a home on that lot, which given the location of the
pool if approved, would push or crowd the location of a subsequent home substantially towards the rear lot
line.
To avoid the above described issue and in keeping with the Petitioners' intent, we ask that consideration be
given to requiring a commitment from Petitioners that will run with title to the Petitioners' lots that
Petitioners will treat both lots as a single lot as represented in their Petition and that the construction of a
single-family home or other similar structure on Lot 9 will not be permitted.
1
Shestak, Joe
From:steve moed <slmhomes@yahoo.com>
Sent:Monday, December 17, 2018 11:15 AM
To:Shestak, Joe; Shestak, Joe
Cc:Conn, Angelina V
Subject:Re: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Thanks for update. The home is to be placed in the middle of the two lots so this is one home on 2 Lots. You couldn't
build another home on one of these Lots after one home is built on two Lots. I am not sure about the confusion here?
Steve
Sent from Yahoo Mail on Android
On Mon, Dec 17, 2018 at 11:00 AM, Shestak, Joe
<jshestak@carmel.in.gov> wrote:
Letter #01
From: David Shelton \[mailto:dshelton@defur.com\]
Sent: Monday, December 17, 2018 10:55 AM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Angi - I spoke with Joe Shestak last week concerning the Sprunger variance request and the concern of various
neighbors with the regard to the grant of the requested variance. Specifically, some neighbors are concerned that
notwithstanding the Petitioners' representation that their intent is to develop/use the two (2) lots as one, a future owner
of lot 9 may attempt to build a home on that lot, which given the location of the pool if approved, would push or
crowd the location of a subsequent home substantially towards the rear lot line.
To avoid the above described issue and in keeping with the Petitioners' intent, we ask that consideration be given to
requiring a commitment from Petitioners that will run with title to the Petitioners' lots that Petitioners will treat both
lots as a single lot as represented in their Petition and that the construction of a single-family home or other similar
structure on Lot 9 will not be permitted.
As I discussed with Joe, there is no desire to stop or defeat the subject Petition, but only to ask that foregoing concern
and commitment be considered in the process. While I will not be present at the hearing, I believe that there will be
some neighbors attending.
Thanks, David
1
Shestak, Joe
From:Conn, Angelina V
Sent:Monday, December 17, 2018 11:08 AM
To:'David Shelton'
Cc:Shestak, Joe
Subject:RE: Docket No. 18110001 V: Sprunger Residence/Pool Setback
David,
Thank you for the email. We will let the BZA members know about this now, and also bring up this proposed condition of
approval at the public hearing meeting. Have a nice day,
Angie Conn, AICP
Carmel Planning & Zoning Dept.
rd
1 Civic Sq. 3 Flr., Carmel, IN 46032
P: 317-571-2417 | W: www.carmeldocs.com
From: David Shelton \[mailto:dshelton@defur.com\]
Sent: Monday, December 17, 2018 10:55 AM
To: Conn, Angelina V
Cc: Shestak, Joe
Subject: Docket No. 18110001 V: Sprunger Residence/Pool Setback
Angi - I spoke with Joe Shestak last week concerning the Sprunger variance request and the concern of
various neighbors with the regard to the grant of the requested variance. Specifically, some neighbors are
concerned that notwithstanding the Petitioners' representation that their intent is to develop/use the two (2)
lots as one, a future owner of lot 9 may attempt to build a home on that lot, which given the location of the
pool if approved, would push or crowd the location of a subsequent home substantially towards the rear lot
line.
To avoid the above described issue and in keeping with the Petitioners' intent, we ask that consideration be
given to requiring a commitment from Petitioners that will run with title to the Petitioners' lots that
Petitioners will treat both lots as a single lot as represented in their Petition and that the construction of a
single-family home or other similar structure on Lot 9 will not be permitted.
As I discussed with Joe, there is no desire to stop or defeat the subject Petition, but only to ask that
foregoing concern and commitment be considered in the process. While I will not be present at the
hearing, I believe that there will be some neighbors attending.
Thanks, David
--
David A. Shelton
Partner
8409 Fishers Centre Drive
Fishers, Indiana 46038
Phone: (317) 585-8085
Fax: (317) 585-8858
www.defur.com
1