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HomeMy WebLinkAboutLetter #02 Anthony Jost      ANTHONY R. JOST Direct Fax: (317) 955-7152 E-mail: tjost@rbelaw.com   March 15, 2021 VIA E-MAIL Mr. Joe Shestak Administrative Assistant Carmel Plan Commission One Civic Square Carmel, Indiana 46032 jshestak@carmel.in.gov Mr. Mark Gradison Co-Founder Gradison Land Development, Inc. and Gradison Design Build 6330 E. 75th Street, Suite 156 Indianapolis, Indiana 46250 mgradison@gradison.net Mr. Adam Mears Land Use & Project Facilitator Gradison Design Build 6330 E. 75th Street, Suite 156 Indianapolis, Indiana 46250 amears@gradison.net Mr. Joe Gradison Co-Founder Gradison Land Development, Inc. and Gradison Design Build 6330 E. 75th Street, Suite 156 Indianapolis, Indiana 46250 jgradison@gradison.net Paul G. Reis, Esq. Legal Counsel Carmel Plan Commission One Civic Square Carmel Indiana 46032 preis@carmel.in.gov Mr. Brett Huff Associate Kimley-Horn & Associates Inc. 250 East 96th Street, Suite 580 Indianapolis, Indiana 46240 brett.huff@kimley-horn.com Mr. Jeffrey C. McDermott President & CEO The Great American Songbook Foundation Inc. 1 Carter Green Carmel, Indiana 46032 jmcdermott@thecenterpresents.org Mr. John Bain President/CEO Old Town Design Group 1132 South Rangeline Road, Suite 200 Carmel, Indiana 46032 Re: Simon Asherwood Estate Primary Plat Application Property Address 10110 Ditch Road, Carmel, IN 46032 Docket No. PZ-2021-00003 PP, PZ-2021-00008 SW, PZ-2021-00009 SW and PZ-2021-00010 SW. Effected Real Estate Described as Follows: Tax ID Parcels 17-l 3-09-00-00- 013.000, 17-13-09-00-00-014.000 and 17-I3-09-00-00-014.001   March 15, 2021 Page 2 Dear Carmel Plan Commission, Gradison Land Development Representatives and Interested Parties: We are counsel for numerous homeowners that reside on properties abutting the Simon Asherwood Real Estate located at 10110 Ditch Road, Carmel, Indiana 46032 (“Asherwood Estate”). We are writing to object to any current proposed primary plat application, requests for waiver of design standards, development plan or any future plan to redevelop the Asherwood Estate in a manner inconsistent with the “Agreement Establishing Restrictive Covenants,” as amended in 1960, affecting a 240-acre parcel which includes the Asherwood Estate and the surrounding area (“Restrictive Covenants”). On its face it is unclear whether the current proposed Primary Plat Application and Requests for Design Standards Waivers for the Asherwood Estate as filed with the Plan Commission is in compliance with the Restrictive Covenants. The Restrictive Covenants contain a requirement that each lot include a front yard setback of at least 75 feet from the street or highway right-of-way line. The Plan Commission should be aware that the developer, Gradison Land Development (“Gradison”), has notified affected property owners who are subject to the Restrictive Covenants, including our clients, that they intend to seek to vacate this 75-foot front setback provision, as stated on page 7 of the attached document Gradison distributed to property owners affected by the Restrictive Covenants. We do not agree to any variance given without an agreement from the affected property owners that would be contrary to the Restrictive Covenants, including the 75-foot front setback requirement. We request that the Plan Commission confirm Gradison’s intentions to comply with the Restrictive Covenants, including the 75-foot front setback, demand that any approval of the Plat submission comply with the Restrictive Covenants, and specify any requirements for subsequent review by the Plan Commission to confirm Gradison’s full compliance. Additionally, as the Plan Commission considers whether to approve Gradison’s request for a Residential Access Standards Waiver, we request assurances that the proposed future second entrance via Royalton Drive would be gated and accessible solely for emergency vehicles in the event the main entrance on Ditch Road is blocked, and not permitted for use by service or construction vehicles or Asherwood Estate residents and visitors. If Gradison is granted permission to privatize the roads within the Asherwood Estate, the limitation on this second access point also seems appropriate and reasonable. The Restrictive Covenants have remained the guidepost for development within the immediate area and have influenced the surrounding neighborhoods and community. The Restrictive Covenants do not permit amendments with less than unanimous approval of the current landowners within the 240-acre area. Interest in maintaining their protections is not limited to certain individuals within the property boundaries, but also includes the established nearby neighborhoods of Coppergate, Laurel Ridge, and Laurelwood.   March 15, 2021 Page 3 Any attempt to change the Restrictive Covenants without unanimous approval of current owners, or to develop the property in a manner inconsistent with the Restrictive Covenants, will be deemed an illegal breach of the Restrictive Covenants and opposed. There are a number of individuals and neighborhoods interested in providing financial and community support that would be required for a legal challenge. However, we hope that will not be necessary and invite all interested parties to work together toward a development of the Asherwood Estate that is acceptable to all concerned neighbors. Our clients are open to discussing solutions that maintain the spirit and integrity of the Restrictive Covenants while encouraging development of the Asherwood Estate. However, the Restrictive Covenants must be adhered to in the process or amended by unanimous consent of the affected property owners through proper legal means. If Gradison or the Carmel Plan Commission is interested in discussing workable solutions, please do not hesitate to call or email the undersigned. Sincerely, RILEY BENNETT EGLOFF LLP Anthony R. Jost Asherwood Development -2/4/2021 Asherwood Development -PropertyBoundaries107 Acres North Asherwood Development -CovenantRestrictedAreaDitch Road Deerfield Summerlakes Asherwood Estate Asherwood Development -PhaseISummerlakes Park Area Asherwood Development -PhaseII20 Acres +/- Deerfield Asherwood Development -Approx.Lot Dimensions Asherwood Development -Setback Example75’ Front Yard Setback Per Covenant 40’ Rear Yard Setback Per S-1 Zoning •The developer seeks to vacate the covenant for the front yard set-back of 75’. •The new front yard setback would be 40’ which is the S-1 standard in the underlying zoning. •All lots in this proposed phase I primary plat application will be one acre or greater and comply with all other requirements of the restrictive covenants.