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HomeMy WebLinkAboutCorrespondence __1. \ u Q Page 1 of7 Conn, Angelina V From: Carrie Fleig [carrie@f1eigs.com] Sent: Wednesday, August 30,20063:45 PM To: Conn, Angelina V Subject: RE: two easements! :-) I have been working with the Surveyor's office to try to get the "consent to encroach" form we need. We would like to have use of 26' off our house, and this would put us within the neighborhood easement by 10'. So I had understood we would need to file for a variance to get approval for that. I think we would be just outside the drainage easement. I didn't know if this non-enforcement form was the only way to prove that? Is there any easier way to prove we won't be interfering with drainage and get the "consent to encroach" form? I don't even want to start applying for a variance without it, and the Surveyor's office seems unwilling to just write a letter that we are not in their easement. I didn't know if this is the normal procedure or if I'm asking the wrong questions. My plan had been to get the consent to encroach approval, then apply to the homeowners association and then deal with the variance last since that is the most expensive part. I wish approval from the homeowners association would eliminate the need for a variance. @ Thanks again! Carrie From: Conn, Angelina V [mailto:Aconn@carmeJ.in.gov] Sent: Wednesday, August 30,20063:28 PM To: Carrie Fleig Subject: RE: two easements! :-) It seems you are working parallel with the County (surveyor) and then with the City (planning/zoning and engineering) to try to site the pool correctly on your lot.... The city zoning ordinance requires certain side and reader yard setbacks, and the zoning ordinance requires that you have to be outside of the 2 platted easements on your property. If you can meet the setbacks and stay out of the easements, then you will not need to request variance approval from the aZA and you will not need to contact the City engineering dept about a "consent to encroach" approval..... Hope this clarifies things. Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f.317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@fleigs.com] Sent: Wednesday, August 30,20063:04 PM To: Conn, Angelina V Subject: two easements! :-) Hi! You have such timing. I have spent this morning on the phone with the Hamilton Co. Surveyors office, because where they said we had a drainage pipe just didn't make sense to us. So we talked with them again and realized there are actually 2 easements back there. The one involving drainage is actually not involved with the 9/20/2006 .. u o Page 2 of7 property we would need for the pool, at least if I understand correctly. The drainage pipe in question is actually 9 foot out side our property so she showed that easement being 26' feet from our house and 26' is all we need for the pool and decking. The 26' would keep the deck and pool 10' from our back and side property lines (and more than 15' from the north line) and out of the drainage easement. The other easement which is 20' from our back property line was put in place by our neighborhood as a "just in case" from what we can see. There are no utilities involved. Mary from the Surveyor's office told me the next step for us would be to file the Non-Enforcement of Drainage Easement on Individual Tracts form with the Drainage board in order to get the "consent to encroach" form. Does this sound right to you? It seems like a needless step to me if we are already staying out of that easement, but she seemed to think that is the only way we are getting the necessary form. The existence of two easements has made this very confusing. Thanks! Carrie From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Wednesday, August 30,20062:19 PM To: Carrie Fleig Subject: RE: in ground pool regulations Carrie: I have spoken with 3 planners/building inspectors this week, since everyone has a different interpretation of the zoning ordinance. It seems to be the case that you could probably site your pool/deck to be 10-ft from the side property line and 20-ft from the rear property line, as long as it is not in the easement, and as long as you have an aggregate side yard of 20-ft. So, that means you would have to do a 15-ft setback from the side property line on the north side of your lot, since a 15-ft easement exists there. (We are going to work on amending the zoning ordinance, in order to clarify pool setbacks and setbacks from easements & property lines, since this issue has come up a lot during this pool season!) Thank you, Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 t 317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] Sent: Friday, August 25, 2006 12:35 PM To: Conn, Angelina V Subject: RE: in ground pool regulations We're going to take some time to decide what we want to try and do. Thank you so much for your help and all the information! Carrie From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Thursday, August 24,200612:18 PM To: Carrie Fleig Subject: RE: in ground pool regulations Carrie: are you aware that your subdivision has recorded plat covenants & restrictions that talk about the easements and not having any obstructions within them? While this is a private issue between you and the 9/20/2006 ... u u Page 3 of7 homeowners association?, I felt that I should bring it up and make you aware of it. Your property is zoned R-1 residence. The maximum lot coverage for the lot is 35% (this includes building footprints, pavements, and pools.) Your setbacks for the pool are the following, since you have easements along the north and east property lines: North Side yard - the easement plus 3 feet (18-ft from north property line) Rear yard,.... the easement plus 3 feet (23-ft from east property line) South side yard - 10-ft See attached site plans. I verified the "easement plus 3-ft" requirement with a few people within the Carmel Dept of Community Services. It looks like you will need variance approvals. You will also have to seek the proper approvals to encroach in the easement, if at all. Hope this helps! Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f. 317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] Sent: Thursday, August 24, 2006 11:46 AM To: Conn, Angelina V Subject: RE: inground pool regulations We live at 3591 Inverness Blvd, Carmel 46032 It's lot 13 in the Shelborne Greene development. Thanks so much! Carrie From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Thursday, August 24,2006 10:15 AM To: Carrie Fleig Subject: RE: inground pool regulations If you give me your address, I will pull up your plot plan for your lot and get this settled, letting you know the required side & rear yard setbacks from your property line and from the easement. Hopefully, you will not need the variance! Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f.317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] Sent: Thursday, August 24, 2006 9:59 AM To: Conn, Angelina V Subject: inground pool regulations 9/20/2006 .. o Q Page 4 of7 Okay, I made some calls and they said there is a drainage pipe and we cannot encroach on the easement. However the woman at the Hamilton Co Planning commission said we could come right up to it. If we don't have to have the 3 foot setback from the easement we still might have enough room. So I want to be sure I understand clearly the regulations before we get our heart set on this. One pool company said what the engineers said which was that we could come right up to the easement. Another said we had to be set back 3 feet. Is it also true that we must be 10 feet back from all property lines? And are there any other restrictions on placement we would need to know. Thanks! Carrie From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] sent: Thursday, August 24,20069:13 AM To: Carrie Fleig Subject: RE: request for variance Carrie: You might be able to call the city engineering dept at 317-571-2441 for inquiries about the easement type. No matter what the easement type, you will still need to get the "consent to encroach" approval, even if the variance is approved, as I stated before. Let me know if you want to pursue the variance request after thinking about it. Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f.317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] sent: Thursday, August 24, 2006 9:09 AM To: Conn, Angelina V Subject: RE: request for variance Thank you so much for the quick responses. Our backyard is off of a private golf course. I don't know if the easement is partially for drainage. The man who came out to discuss a pool said lots of developments are starting to put these easements in as a just in case to cover anything they might want to do with our backyard in the future. All of our utilities run through our front yard. Is there someone we can contact to find out what kind of easement it is? If it is for drainage would they automatically decline a variance? Without the variance we wouldn't be able to fit a pool on any worthwhile size in the yard since our backyard is not very deep to begin with and very small with the easement. We only have 16.5' to the easement, and we would have to be 3' back from the easement which only gives us about 14' to work with. The extra 10 feet would allow us to have a pool deck and a couple of feet between the pool deck and the house. Since we live on a golf course we have restrictions as to fencing. We would have to get a 4 ft rod iron fence and do privacy landscaping. We plan to put an automatic safety cover on the pool as well. Thanks, Carrie 9/2012006 .. u Q Page 5 of7 From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Thursday, August 24, 2006 8:53 AM To: Carrie Fleig Subject: RE: request for variance Correct - if you choose, one member of the board will hear your petition and vote upon it. The setting is more one on one; more intimate. The public can still attend this meeting, however. What type of easement is it? Is it a drainage easement or a utilities easement? What will be the height of your privacy fence? Although I cannot predict the vote of the board or hearing officer, I would say you have a good change of getting this approved, but I would have to see the site plan and the actual site to make a better determination. It also have to have good reason for wanting the pool & deck to be located partially within the easement. Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f. 317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] Sent: Wednesday, August 23, 2006 4:34 PM To: Conn, Angelina V Subject: RE: request for variance So with the BZA Hearing Officer option you don't have to appear at a large meeting and make a presentation - you just talk with one person? We do have a site plan from when we purchased the house. The concrete pool deck would be approximately 13 feet from the back property line and the pool would be 16 feel from the property line. We have a 20 foot easement, so we would be asking for a 10 foot encroachment since we understand the deck has to be 3 feet back from the easement and we would need 7 feet for the pool and deck. Any thoughts on whether this kind of request has ever been granted and if it is worth going forward? I understand you can't predict the outcome, we just know nothing of this process. Thanks again! Carrie From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Wednesday, August 23,20064:11 PM To: Carrie Fleig Subject: RE: request for variance Carrie: Yes, you pay the fee prior to appearing before the Board of Zoning appeals, and this money is kept by the City, no matter what the vote. The variance does expire within a year of inactivity. If there is an effort to begin construction within that year, then as long as the work is being done, the variance will not expire. Yes, it is a process with many steps, so you should make sure you want to go through the process. I did forget to tell you that there is another option, called a BZA Hearing Officer option. One member of the 5-member board can hear your petition and vote on it. The fee is less ($133.50) and the public notice requirement is 10 days, rather than 25 days prior to the meeting. Also, I can help you prepare a location map. Aerial photos are on the City's website, and a survey should have been done for your property with the mortgage, which will help with the site plan. The Hamilton county auditor's office (in downtown Noblesville) prepares the list of adjoining properties and 9/20/2006 f " w (;) Page 6 of7 their addresses; all you do is give them your address or tax parcel 10 no, and pay a small fee. Also, be aware that you will have to post a 'notice of public hearing' sign on your property, and you would incur the cost of the sign creation, too. If you would like to come to the office or call me for further clarification, please do! Have a good evening. p.S. how far will your pool/deck be from the property line? Also, how far will the pool/deck encroach into the easement? Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f. 317-571-2426 aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] Sent: Wednesday, August 23, 2006 4:00 PM To: Conn, Angelina V Subject: RE: request for variance I have a couple of questions. If the variance is denied or if we are not given enough space to complete our project would we still owe the $267? And would the variance ever expire? For example if it is granted and we are not able to follow our proposed construction schedule, would we have to complete this whole process again. It seems like such an extensive process to gain use of 10 feet of our yard, that we want to be sure we fully understand it before beginning. J'm not even sure where we would obtain the information required for items b. and d. under number 2 on the instruction sheet. I'm not even sure what they are asking for in item d. It just says a "copy of adjacent property owners". Thank you so much for your help. Carrie Fleig From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Wednesday, August 23,20062:01 PM To: Carrie Fleig Subject: RE: request for variance Carrie: Attached are the development standards variance application, instruction sheet, and BZA calendar. Also, because you will be encroaching into an easement, you will need "consent to encroach" approval from the Carmel engineering dept/ board of public works. You can call the engineering dept at 317-571-2441. When filled out, the application can be dropped off at the third floor of city hall (planning/zoning dept) at 1 civic sq, Carmel, in 46032. Don't forget to include a site plan showing the setbacks and easements. If you need help, please feel free to call or email me. Thank you, Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p.317-571-2417 f.317-571-2426 9/2012006 f "d1 {. o o Page 70f7 'I. aconn@carmel.in.gov From: Carrie Fleig [mailto:carrie@f1eigs.com] Sent: Wednesday, August 23,20061:32 PM To: Conn, Angelina V Subject: request for variance Hello. Thank you for returning my call regarding a variance to build in an easement. I would be grateful if you could email me the form required and instructions on where to send it. Thanks again, Carrie Fleig 3591 Inverness Blvd Carmel, IN 46032 824-0648 9/20/2006