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RE: Encroachment and Lot Coverage - 5058 St Charles Place
From:Huff, Jarrod (jhuff@carmel.in.gov)
To:cnewburn76@yahoo.com; jshestak@carmel.in.gov
Cc:aconn@carmel.in.gov; jdownes1972@gmail.com; cjesse@carmel.in.gov
Date:Monday, July 26, 2021, 01:22 PM EDT
Good afternoon Carie,
We would be supportive of the encroachment inside the utility easement, but the City does
not have any utilities in that area. Your biggest risk would come from 3rd party utilities
(telecom, electrical, etc.).
The drainage easement in the rear of the property is due to this area being a dry detention
basin. Over the years, many private improvements have been made in these easements, so
we do try to be as reasonable as we can, while trying to keep as much detention capacity as
possible. What this means is that during heavy storms, this area within the last 25’ of your
property may flood and hold water for a number of hours, which is by design. Kingswood
does not have any ponds, and instead, the designer opted for dry detention basins along the
backs of properties. In reviewing your plan, we would ask that the entire drainage easement
be kept as natural grass. Mulch will get washed away and could cause harm to the system
itself. Otherwise, we will proceed with a Consent to Encroach for the portion within the utility
easement.
Jarrod Huff, P.E.
Staff Engineer
Carmel Engineering Department
One Civic Square
Carmel IN, 46032
Office: 317-571-2441
Direct: 317-571-2309
Email: Jhuff@carmel.in.gov
http://www.carmellink.com/
From: Carie Newburn <cnewburn76@yahoo.com> Sent: Thursday, July 22, 2021 10:24 PM
To: Shestak, Joe <jshestak@carmel.in.gov>; Huff, Jarrod <jhuff@carmel.in.gov> Cc: Conn, Angelina V <Aconn@carmel.in.gov>; Joe Downes
<jdownes1972@gmail.com>; Jesse, Christina <cjesse@carmel.in.gov>; Huff, Jarrod
<jhuff@carmel.in.gov> Subject: Re: Encroachment and Lot Coverage - 5058 St Charles Place
Jarrod,
As suggested by Joe in the below email, please see attached for our consent to
encroach application, plot plan and plans from our landscaper. Please let me know if
you require anything else from us at this time, otherwise please keep us posted
regarding timing and next steps.
Thanks,
Carie & Joe Downes
On Jul 13, 2021, at 1:38 PM, Shestak, Joe <jshestak@carmel.in.gov> wrote:
Hi Carie,
Per our phone call this morning, you applied for a building permit for a pool and
patio. During the building permit review, Christina Jesse discovered your pool patio
would be encroaching into the rear yard utility easement and that your lot coverage
exceeds the 35% allowance (42%). The result of this that you have to apply for a
Variance to encroach “X” feet into the easement and for the 42% lot coverage. We
discussed the possibility of using wood decking around the pool instead of concrete,
so that the decking would not count against your lot coverage. Please email the City
Planner involved with Variances - Angie Conn, with the site plan you have for the
pool and patio. I believe you will also need approval – consent to encroach
application – from the Carmel Engineering Department. I have Cc’d Jarrod Huff to
this email.
Kingswood Subdivision – Secondary Plat – Section 3. – it shows the 5’ Utility
Easement in the rear yard.
With variances, you have to prove a practical difficulty or hardship. For reference,
attached is a PDF file version of the Variance Application with instructions, checklist,
and forms/affidavits. We just need the first 3 pages of the application submitted by
Monday, July 26. But ultimately, you will have to create and file the variance
application on the online public portal. Shortly after that, you will get an email invite
to upload plans to ProjectDox, our online electronic plan review software (that will
require a different username and password than the portal).
Parcel Number: 16-14-04-03-04-038.000
Deeded Owner: Downes, Carie Ann & Paul Joseph Downes jtrs
Address: 5058 St Charles Pl
Legal Description: Acreage .32 Section 4, Township 17, Range 4 KINGSWOOD
Section 3 Lot 113
Property Use: One Family Dwelling Platted
Zoning District: S-2
Here is a link to the BZA webpage, where you can view the calendar, flowchart of the
process, etc. If the Carmel Engineering Dept. is supportive of the consent to
encroach, then I think your particular variance requests can be heard by a BZA
Hearing Officer, rather than the full Board. This allows for a lesser filing fee and a
compressed timeline. Below is a tentative timeline:
August 23rd BZA Hearing Officer meeting timeline
filing deadline for Application 7/26/2021 Mon. by Noon
public notice deadline for mailings/sign posting 8/13/2021 Fri, by 5pm
deadline for public notice legal ad to be sent to The
Current in Carmel (so that it prints on Tues. Aug.
10)
8/3/2021 Tues. by Noon