HomeMy WebLinkAboutLetter #01 Nicholas Plopper
Shestak, Joe
From:Chavez, Nathan
Sent:Friday, July 17, 2020 2:13 PM
To:Conn, Angelina V
Cc:jmolitor@prodigy.net; Shestak, Joe; Blanchard, Jim E; Kirsh, Joshua A
Subject:FW: 442 / 450 1st Ave. SE
Follow Up Flag:Follow up
Flag Status:Completed
Angie,
Please see the below email regarding PZ-2020-00090 SP.
-Nathan Chavez
Sign Administrator
Carmel Planning & Zoning Dept.
From: Nicholas Plopper <nick@sploplaw.com>
Sent: Friday, July 17, 2020 11:42 AM
To: Blanchard, Jim E <JBlanchard@carmel.in.gov>
Cc: Chavez, Nathan <nchavez@carmel.in.gov>; Kirsh, Joshua A <jkirsh@carmel.in.gov>
Subject: 442 / 450 1st Ave. SE
**** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links
from unknown senders or unexpected email. ****
Mr. Blanchard / Mr. Chavez:
??
It was suggested by Josh Kirsh, with whom I serve on the Parks Board, that I reach out to both of you regarding my
client, Tyler and Jennifer Arnold, and his property at 442 1st Ave. SW.
The adjacent parcel owner at 450 1st Ave. SW has installed some fence posts and other encroaching features, and my
understanding is that Mr. Blanchard has already been to these properties and observed the encroachments.
??
My clients are considering several potential ways to resolve the issues, and I respectfully request the City???s input.
??
1. We have discussed offering for sale to the owners of 450 a narrow strip of the Arnold???s parcel containing the
encroachments. We like this option in order to avoid dealing with convoluted easements and the marketability
of the properties affected by same. My concern is if such a sale were to occur, how that may affect setback
requirements.
2. The contractor who installed the encroaching fence posts, Tactical Outdoors, LLC (Cory Keifer), has indicated to
my clients that he was exploring a replat. I believe he has unilaterally filed an application, PZ-2020-00090. Could
you please advise the status of that application? My clients have not provided consent for this action, but would
be willing to review it should it be a viable resolution.
3. Failing these or any other amicable resolutions, we may be forced to make a claim on Tactical Outdoors
insurance if any exists, and / or seek injunctive relief for removal of the encroachments, which we would like to
avoid if possible.
1
??
Thank you in advance for your consideration of this matter, and please let me know if I can provide any additional
information.
??
Sincerely,
??
Nick
??
N ICHOLAS P LOPPER
P LOPPER & P ARTNERS, LLP
1 E. Carmel Dr., Suite 250
Carmel, IN 46032
317-822-0800 (phone)
317-822-0808 (fax)
??
Confidentiality Note: This message is intended for use only by the individual or entity to which it is addressed and may contain
information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is
not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error, please notify us immediately by return e-mail and
promptly delete this message and its attachments from your computer system. We do not waive attorney-client privilege or
work product privilege by the transmission of this message.
Tax Advice Notice: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS
Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the
penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a partner.
??
??
2