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Home My WebLink AboutO'Neil correspondence . " Holy Trinity Page 1 of 1 Conn, Angelina V From: Larry Kemper [larry@NF-LAW.COM] Sent: Tuesday, June 06,200611 :57 AM To: Conn, Angelina V Subject: Holy Trinity Attachments: IFAX200606061152.PDF" \'., i'l> - ~~\> , o.,<v.<V~ C)\(~) \' Ii) ,." ~~--. R,S ,,\>\$ "". Angie: Attached are copies of the email correspondence with the O'Neils. Please let me know if you need anything else. <<IFAX200606061152.PDF">> Lawrence J. Kemper NELSON & FRANKENBERGER 3105 E. 98th St., Suite 170 Indianapolis, IN 46280 (317) 844-0106 (phone) (317) 846-8782 (fax) WWW-,lJt~J~w .com NOTICE OF CONFIDENTIALITY This E-mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and immediately delete this message from your system. ,************************************************************************************ This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 6/6/2006 i.-:'< /, , . I . . \~.-::::.- '::-. ;/" f/n;\ ' _~~~~u '\ \~~ :~~\jl", S~0GS t~IV<::l I May 22, 2006 '. , '. i- I: Board of Zoning Appeals clo Connie Tingley, Secretary City of Cannel One Civic Center Carmel, IN 46032 .' RE: Request for a Special Use Application, Docket No. 06040011SU (the "Special Usej and a Developmental Standards Variance, Docket No. 06040012V (the "Variance") by the Holy Trinity Hellenic Orthodox Church (the "Church") Dear Board Members: My name is Joe O'Neil and my wife Carolyn and our 8 year-old son Joseph live at 10726 Stratton Circle, in the English Oaks subdivision, Carmel, Indiana. The southern property line of our parcel is directly north of the buildings proposed to be constructed by the Church. We are in a residential zone. We built our home on this property in 2003, making a substantial investment in our home and grounds. One of our largest investments, the south-facing windows in the rear of our home, will have a view ofthe Phase I buildings and northernmost parking areas/driveway areas that will be impacted by the construction, including the height of the Church buildings. We purchased our property, in part, because of the common area and the safe play area it provides. Many children play on the English Oaks common property area to the south of our home, including our son. Placement of parking lots on the northern border is a concern for us. We are not opposed to the Church locating on their 20-acre property. We are requesting that certain conditions be imposed on the granting of the Special Use application so that the impacts of the use are ameliorated as to our property. The original site plan is attached as Exhibit A. On the same plan (labeled as Exhibit B) we have marked our home site. We have corresponded bye-mail with the attorney for the Church about plan changes we believe will minimize the impact of their plans on our property value (e-mail correspondence attached as Exhibit C). The Church has listened to our concerns and we appreciate that. I want to outline these changes for you and ask that these be included as conditions to the granting of the Special Use and Variance: 1. Elimination of parking lot #2 (seventeen spaces) and construction of a berm in its place. We ask that parking lot #2 (shaded yellow on Exhibit B) be eliminated and that in its place be constructed a berm of topsoil at least four (4) feet high, 25 feet wide, and 150 feet long be placed as shown on the redesigned plan (Exhibit D). The berm should be placed as shown and no structure, driveway for motorized vehicles, curb, gutter or other constructed improvement be made between the 1 berm and the English Oaks community property (a "no improvements zone" or "no construction zone" is shaded in yellow on Exhibit D). We request that the berm be finished before or at the same time as Phase I is completed. 2. Berm phmtings. That on the top of the berm be planted with Norway Spruce or Canadian Hemlock trees at least eight (8) feet in height at the time of their planting. That the placement of the Norway Spruce or Canadian Hemlocks be staggered and on 15 foot centers. That in addition to the coniferous trees, five "Crimson King" Crabapple trees be planted on the north side of the berm or on the Church property between our property and the berm. That the Crimson King crabapple trees be at least eight (8) feet in height at the time oftheir planting or at least 2" caliper trunks. That all trees be planted only in the months of March, April, October or November. That any trees that die be replaced by the Church. That each tree be mulched to the dew line within two weeks of planting. In lieu of the foregoing in this paragraph. that a tree planting plan for the berm be developed by a professional arborist or forester, be approved by us in writing and then implemented by the Church according to the plan. 3. Trash receptacles. That any trash receptacles be placed so that they cannot be seen from our property or that they be enclosed in a three-sided brick veneer "lot" with a gate mcing away from our property. 4. Outdoor lighting. That the impact of all outdoor lighting be minimized. That outdoor lighting units (both free standing and attached to be building) be kept to a minimum, that they be positioned so as to not shine onto or toward our property, that "shoe box" style or other type of fixtures that cast light downward be used to minimize light pollution or the upward/sideways projection oflight. That low- lumen bulbs be used. That any free standing outdoor lighting units placed on the northernmost parking lots be no more than twelve (12) feet in height. 5. Car headlights shining toward our property from parking lot #1. That a row of hedge shrubs (e.g., tall hedge, viburnum, or similar hedge shrubs) or arborvitae be planted parallel to the northern edge of and to the north of parking lot # I (as numbered on Exhibit B). That the hedge shrubs be placed on three (3)-foot centers and that the shrubs be at least four (4) feet in height at the time of planting. That the planting be completed before the parking lot is placed into use. 7. Preservation of existing trees within the English Oaks Common Area and within ten (10) feet of the property line between English Oaks and the Church Property common property line. Over the years, some trees on the English Oaks Common Area may have grown over the property line with the Church. We ask that all trees within ten feet of the common property line between English Oaks and the Church be preserved and protected from damage during construction and that any tree that dies within one year of completion of construction of Phase I be replaced in the same place by the Church with a tree of like species at least eight (8) feet in height. 2 "' We believe that we are the most impacted property in the English Oaks residential area because our property is not buffered by a pond or by distance. We believe these changes will go a long way to preserving our property value. Thank you for your time and I would like to submit this written statement with exhibits for your consideration. Sincerely yours, J:~q/rJ0 NlJ ~ JJ!a/ Carolyn O'Neil 10726 Stratton Circle Carmel, IN 46032 3