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HomeMy WebLinkAboutCorrespondence ~ \\tct\\\tD To the Carmel/ Clay Advisory Board of Zoning Appeals, : :i~ J\.\\\ '2.3 ?~9:J j RE: Docket No. 08030036V .:< c "~~q" Janis L. Fiedler and Keith A. Fiedler are owners of the pro~r.tY)06.atfd.jL9.t:"'.5'r6flJ;P'146th Street. Logan C. .. lh .....;,J/!!1;7 !.'? \, \, X y . Fiedler Bennett IS the owner of the property at 5197 E 146 Stre'et.,..,. T'l:ie1..south side of both these properties back up to Darrell Kirkland's property line. , . , June 23,2008 We are responding in writing to Mr. Darrell Kirkland's registered letter requesting a zoning variance. Mr. Kirkland's existing deck already is in violation of zoning, due to the fact it was built 8 feet onto the city easement. We don't understand how this passed inspection or how this permit was originally issued. It is our understanding that no home owner has rights to build on an easement. Our experience with Mr. i<irkland has not been pleasant. l) He has taken down the farm fence that established the boundaries between the properties without consulting us or Logan C. Fiedler Bennett. It was not his to take down. tIl He has planted trees on the easement and one on Logan C Fiedler's property. As far as we are aware, this is also not his to do. II It took him almost two years to comply with a registered letter from the city engineer's office to redirect his sump pump water from draining onto Logan C. Fiedler Bennett's property. Our concerns with Mr. Kirkland's request for a zoning variance to build a four season room are many. It The impact to the easement and natural water flow onto the properties to the north of Mr. Kirkland's proposed four season's room. () Who is responsible for the potential damage incurred to property owners to the north of Mr. Kirkland's project during and after the proposed project?(such as erosion, truck tracks, damage done to vegetation and landscaping) <:) Concern of future needs of the city to have access to this easement. III Mr. Kirkland is 8 feet over tbe easement. We are not in favor of losing g feet of Logan C. Fiedler BennEtt'" property to ~Iccommodate and absorb the Lldjusted easement footage. Janis L. Fiedler and Keith A. FiedlN and who are the powers of attorney for Logan C Fiedler Bennett are not in favol' of this request. Janis L. Fiedler Keith A Fiedler Logan C. Fiedler Bennett ~~- {!1}U1f/V ~lIhd k (1M1/fi)~. ~~ q/i//V t~:'"'~ p*t'tTt~; "bC::;~1~f,;:i~ ~'e..:st :sSG@lA'rEs1'~ ",", . , '," .;J~~p~~l~}~~:~;:'j ; ";,!i'0arme ,IN;";~6032:28'9[f:',,J,,, !~i~::;~;,i3~'~~it~~,~lfi~'.;:'-" / / REeENEO '.( Jljl'\ '2. 3 '~GQ~~' , -\ oots - - ~-. \ ....~~ ~. :r",":-0I- BY THIS POWER OF ATTORNEY, I name attorneys-in-fact with po$e;''t\l;act on ~~~, f:/ behalf pursuant to Indiana Code 30~5, as it exists now and is amended in the future. ....(f.~Jl~~" GENERAL DURABLE POWER OF ATTORNEY OF LOGAN C. BENNETT lVruLTIPLE INDEPENDENT ATTORNEYS-IN-FACT. As my attorneys-in-fact, I name my parents, Keith A. Fiedler and Janis L. Fiedler. It is my intent that either of my two attorneys-in- fact may act alone. i I. I LIABILITY LIMITED. My attorneys-in-fact shall only be liable for actions w1dertaken in bad faith. FEE. My attorneys-in-fact shall be entWed to a reasonable fee for services provided as my attorneys-in-fact, and shall be entitled to recover expenses. EFFECTIVE IMMEDIA TEL Y. This power of attorney shall be effective as of the day it is signed. PO'WERS. I give to my attorneys-in-fact the powers specified in tllis section to be used upon my behalf, PROVIDED that my attorneys-in-fact shall not have any power which would cause my attorneys-in-fact to be treated as the owners of any interest in my property: REAl, PROPERTY. Authority with respect to real property transactions pursuant to Indiana Code 30-5-5-2, with specific authority to sell real property located at 5197 E. 146lh Street, Noblesville, IN 46062. BANKING. Authority with respect to banking transactions pursuant to Indiana Code 30-5-5- j Ii 1/' I: I ~ I} . I ! t ' i {; 'i iL I : I ~ It 11 '1 ' L I:.,:,.' .. ili. ~ . ;1' ;;:,. ~1 t~' !~ TANGIBLE PERSONAL PROPERTY. Authority with respect to tangible personal property pursuant to Indiana Code 30-5-5-3, BOND, SHARE AND COMMODITY. Authority with respect to bond, share and commodity transactions pursuant to Indiana Code 30-5-5-4. RETIREMENT PLANS. Authority with respect to retirement plans pursuant to Indiana Code 30-5-5-4.5. 5. BUSINESS. Authority with respect to business operating transactions pursuant to Indiana Code 30-5-5-6. fi .1 il INSUR<\NCE. Authority with respect to insurance transactions pursuant to Indiana Code 30-5-5-7 provided that references in Indiana Code 30-5-5-7(a)(2) and (3) to "section 8" are changed to "section 9." BENEFICIARY. Authority with respect to beneficiary transactions pursuant to Indiana Code 30-5-5-8. GIFTS. Authority with respect to gift transactions pursuant to Indiana Code 30-5-5-9. FIDUCIARY. Authority with respect to fiduciary transactions pursuant to Indiana Code 30- 5-5-10. CLAIMS AND LITIGATION. Authority with respect to claims and litigation pursuant to Indiana Code 30-5-5-11. FAMIL Y MAINTENANCE. Authority with respect to family maintenance pursuant to Indiana Code 30-5-5-12. I '? If' ,,, MIL IT ARY SERVICE. Authority with respect to benefits from military service pursuant to Indiana Code 30-5-5-13. RECORDS, REPORTS AND STATEMENTS. Authority with respect to records reports and statements pursuant to Indiana Code 30-5-5-14, including the power to execute on my behalf any specific power of attorney required by any taxing authority to allow my attorney-in-fact to act on my behalf before any taxing authority on any return or issue. jJ '" " EST A TE TRANSACTIONS. Authority with respect to estate transactions pursuant to Indiana Code 30-5-5-15. 1\ ..,...,! I <i," '" ,t:--: HEAL TH CARE. Authority with respect to health care pursuant to Indiana Code 30-5-5-16. HEAL TH CARE REPRESENTATIVE APPOINTMENT WITH PO"'ER TO STOP HEAL TH CARE. I appoint my attorneys-in-fact as my health care representatives, with authority to act for me in all matters ofhealth care in accordance with Indiana Code 16-36-1-1 as shown by the appointment attached to this power of attorney pursuant to Indiana Code 30-5-5-16 (b)(2) and Indiana Code 30-5-5-17. I intend for my agents to be treated as I would be with respect to my rights regarding the use anddiscIosure of my individually identifiable health information or other medical records. This release applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 (aka HIPAA), 42 USC 1320d and 45 CFR 160-164, and all other applicable state and federal law. 2 :";) DELEGA TE. Authority with respect to delegating authority pursuant to Indiana Code 30-5- 5-18. ALL OTHER MATTERS. Authority with respect to all other matters pursuant to Indiana Code 30-5-5-19. SUPERSEDES PRIOR POWERS OF ATTORNEY. This power of attorney supersedes all other powers of attorney I executed prior to the date of this power of attorney. TERMINATION AT DEATH. Without regard to my mental or physical condition, this power of attorney shall continue in effect until revoked or until my death whichever occurs first. I have executed this instrument on this Il day of July, 2007. STATE OF INDIANA ) ) COUNTY OF HAMILTON ) The undersigned, a Notary Public, in and for said County, certifies and witnesses that the above signed, personally known to me to be the same person whose name is subscribed to this instrument, appeared before me in person and acknowledged the signature and delivered the instrument as a free and voluntary act, for the uses and purposes named in the instrument. My Commission Expires: L/-2 ]-Oe Countv of Residence: fftfY'uih~ (fJ IY}.L-/c!- T 0r ( ~ j .C-.r Printed " . ~ ,c l'--,_. '.-,",", This instrument was prepared by: George G. Slater, Attorney at Law (361-29) SLATER & ASSOCIATES 301 E. Carmel Drive, 0-100 Cannel, Indiana 46032 (317) 571-9600 . . I . ..~'. :;\. . \ I i ( , ' . .-..- , , i" f . 3 ~ II I I i --- ~----,"- ~-- -~-_.._-- -----..- PURSUANT TO INDIANA CODE 16-36-1-1, as amended, I hereby name Keith A. Fiedler and Janis L. Fiedler as my multiple independent health care representatives to act for me in matters affecting my health care whenever I am incapable of so acting. It is my intent that either of my health care representatives may act alone. HIP AA RE,GULA TIONS. My health care representatives are to be treated as I would be with respect to my rights regarding the use and disclosure of my individually identifiable health infonnation or other medical records. This authority applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 (aka I-UP AA), 42 USC 1320d and 45 CFR 160-164, and all other applicable state and federal law. This authority shall supersede any prior agreement I may have made with my health-care providers to restrict access to or disclosure of my individually identifiable health information. The authority given my health care representatives has no expiration date and shall expire only in the event that I revoke the authority in writing and deliver it to my health care provider. WITHDRA W AL OF HEALTH CARE. I authorize either of my health care representati ves to make decisions in my best interest concerning withdrawal or withholding of health care. If at any time, based on my previously expressed preferences and the diagnosis and prognosis, either of my health care representatives is satisfied that certain health care is not or would not be beneficial, or that such health care is or would be excessively burdensome, then either of my health care representatives may consent on my behalf that any or all health care be discontinued or not instituted, even if death may result. CONSUL T ATJONS. My health care representatives must try to discuss this decision with me. However, in am unable to communicate, my health care representatives may make such a decision for me, after consultation with my physician or physicians and other relevant health care givers. To the extent appropriate, my health care representatives may also discuss this decision with my family and others, to the extent available. I authorize my health care representatives to delegate all or part of this authority to any eligible individual who has not been disqualified as provided by IC 16-36-1-1, et seq. DATE: July JL, 2007 d J declare that at the request of the above named individual making the appointment, I witnessed the signing of this document. ~~~~. i-t't /)1-cf~ ,J, Gry; -€?J '--e/ Printed Address: 301 E. Carmel Drive, 0-100 Carmel, IN 46032 4 -~ -I Dear Neighbor, My name is Darrell Kirkland and I live at 5480 Cayman Court. My property adjoins or is legally near yours. I am interested in replacing my outside wooden deck with a 4 season sun room. Unfortunately, when the contractor built my home in 2003, the deck encroached the rear yard easement by approximately 8 feet. The deck is still within my property, it just encroached the easement. The easement should be 20 feet, mine, in one area, is only 12 feet. For me to build the sun room, I need a variance from the City of Carmel. To do that, I must appear before the City Board of Zoning Appeals and petition them for a variance. '"" The purpose of this letter is to inform you of the date, time, and location of that public bearin& should you wish to ~ttend and voice your support or opposition~ You may also -submit writtencomments'to~the board. I recognize how busy everyone is, and am sorry to have bothered you with this communication... but by law, I needed to inform everyone who may be impacted ever so remotely. --- Sincerely, f(J u _//1 -t~ f) ~t(.,'~ /-h /~..(, Darrell Kirkland ~~~ / \\tct~tS) . \.' i 1') ~.\J~~ \ J~\~ J - I \ ~. :. ) ."'~I~,. , /' ~~~"'. , , , ~ -, ct;. ,~~~ ~. NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Docket No: 08030036V Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 23th day of June, 2008 at 5:30 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana, 46032 will hold a Public Hearing upon a Development Standards Variance application to: encroach into the rear yard easement approximately 8 feet to build a 4 season sunroom addition on to the prqpert;y being known as .5480 _Cayman Court, Car~el,_ Indiana, 46033. The application is identified as Docket No: 08030036 V. The real estate affected by said application is described as follows: Legal Description: Lot 152, Woodfield Subdivision Tax Map Parcel No: 16-10-21-00-07-008.00, Lot 152 in Woodfield Section AU interested persons desiring to present their views on the above appLication, either in -writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. C. Darrell Kirkland Petitioner .,; ./..../~. ...."'<. . '" (.;.,\ \ /. '. t:::::J ~ ."~. "', W <::::s , .. . "* it ~ ,!?~.. . .C3<\J~~ ' }iJ ~.c.::) .' .;. -. . "'5 " .~ ..1:,\. " . /~\ ,.~, ",~' .~ c M\ ':\ ~ ~ 2 ~ ~ ~ ~~ :u .~ 1 ~ c5~ ~ ~~ ID ~ ~ \'l ~ ,~ ~ -I:~~ -c a. ~ 1~~ c... \. ."?~~ "- -h..' -- - ~ ~ ~ cdt ~-4 ~ ',- -.p" CI EL JAMES BRAlNARD, MAYOR March 7, 2006 Darrell Kirkland 5480 Cayman Court Carmel, IN 46033 RE: Sump Pump Discharging at an unacceptable location at 5480 Cayman Court; Ref. # 050004006 Dear Mr. Kirkland: Engineering Department Inspectors visited your properly on January 5, 2005, in response to drainage concerns in your area. The City became aware tbat your sump pump is discharging in a manner that is not consistent with this Department's policies. With the outlet at its current location, the flow of water from your sump pump is causing standing water to collect on an adjacent property. As a result, the Engineering Department must require you to relocate your sump pump outlet pipe to a position tbat conforms to the City's established standards. Representatives from this Deparlment met with you at your property, located at 5480 Cayman Court, on July 7,2004 to discuss acceptable sump pump discharge options, and a letter was sent to your attention on July 9, 2004 to summarize this meeting. Enclosed, please find a copy of this letter for your reference. Please keep in mind that sump pump outlet pipes and other private drainage outlets must be located so that the discharge point is a minimum of 25 feet from any property line or easement line. The outlet location should be chosen in a manner that will allow' for an acceptable amount of positive fall away from the outlet so that an area of slanding water is not created. The City will allow you to connect the discharge to a storm sewer at an existing inlet or manhole, or in your case, to the underdrain, however the connection must be made by a contractor holding a current plumber's bond with the City and shall be inspected by a City representative. An inspector will visit your property in 30 days to verify that the sump pump outlet has been relocated as required by this letter. As it relates to your request to replace your existing deck with an enclosed sunroom, the Board of Public Works and Safety suggested the potential ofre-platting the easement on your property such that the proposed sunroom would not represent an encroachment into the easement. If you choose to pursue moving the easement further north, and successfully do so, any private drains on your property must be discharged a minimum of25 feet away from the new easement line. For your information, your request for a consent to encroach to replace your existing deck with an enclosed sunroom was formally denied by the Board of Public Warks and Safety at the December 21, 2005 meeting. - I'\th\O ~^ ~~c:nd ~ 1~,~~~!;::~~\A?"_ ~~~~ 't~ ~ - Kirkland Sump Pump Ref. # 050004006 March 7,2006 Page 2 of2 If you have any questions, please feel free to call the City of Camlel Department of Engineering at 571- 2441. Gary Dune ,P.E. Assistant C ty Engineer Cc: Libby Pickett, Public Works Coordinator EL C1 July 9,2004 JA-\tES BR.vNARD, .i\hYOR Darrell Kirkland 5480 Cayman Court Carmel, IN 46033 RE: City of Carmel Sump Pump Discharge Policy Dear Darrell: In response to your questions regarding your sump pump discharge location, an Engineering Department Inspector met with you on July 7,2004 to discuss acceptable discharge options. This letter is a follow up to that meeting. The City of Carmel's sump pump discharge policy is that the first, and most preferred method of discharging your sump pump would be to connect your sump pump outlet pipe directly to the nearest City storm sewer structure. This would eliminate the occurrence of wet areas that usually exist when the sump pump outlets to the surface of the ground. If this method is chosen, approvaltrom this Department would need to be obtained prior to connecting to the City's storm sewer, and a bonded contractor must make the connection. On occasion, we may ask you to submit a detailed dra""ing to this Department prior to granting approval. Upon completion, please contact the Engineering Department so that one of our Inspectors can verify that our standards have been met. . The second option would be to simply locate your sump pump outlet pipe so that the discharge point is a minimum of 2 5 feet from any property line or easement line. If this option is implemented, the outlet location should be chosen in a manner that will allow for an acceptable amount of positive fall away from the outlet so that an area of standing \vater is not created. -- At your property, there appears to be an underdrain located underneath and two feet behind the curb to which you may also connect your sump pump outlet. Please note that a right-of-way permit would need to be obtained from this Department prior to beginning the work, and an Inspector must be present when the connection is made. I' '. As was discussed during the on-site meeting on July 7,2004; discharging the sump pump along the rear property line would most likely create an ongoing maintenance problem for you or future property owners, and would therefore.not be a preferabl.e sO!titiQlJ., If you have any questions, please feel free to call the City of Carmel Department of Engineering at 571-2441. Sincerely, of~ rl~ Libby Pickett Public Works Coordinator Cc: Dan Greskamp, Construction Manager! Inspector CI (-~ . ~r- '1<. y ~~\ ~~~ 'J52 -. ") EL December 12, 2005 JAMES BRAINARD, M'\YOR Mr. Darrell Kirkland 5480 Cayman Court Carmel, IN 46033 RE: Request to replace existing deck with an enclosed sunroom at 5480 Cayman Court; Woodfield Dear Mr. Kirkland: Your request to replace an existing deck with an enclosed sunroom on your property at 5480 Cayman Court has been tabled on the Board of Public Works and Safety agenda since the meeting on October 19,2005. At that meeting, the Board provided the direction to pursue re-describing the easement across your property and to obtain additional easement from the adjacent property. This effort would be to relocate the existing easement such that the proposed sunroom does not encroach into the easement. hl consideration of the direction provided by the Board at the meeting on October 19, 2005, the tabled agenda item for executing a Consent to Encroach for the existing deck is no longer necessary. The Department of Engineering will recommend that this agenda item be removed from the table and formally denied. Since the meeting on October 19, 2005, the Department has identified other factors and considerations related to your project. The Department has attempted to contact you to identify these other factors and considerations. These considerations are as follows: 1. The restrictive covenants for your subdivision do not allow structures to be erected in platted easements. However, per the course of action recommended by the Board as it relates to relocating the existing easement, approval by your Homeowners' Association will not be necessary. 2 . Your lot has a 20" ft. rear yard setback. The City would require a variance for the proposed sunroom to encroach into this 20-f1. setback, even if the easement is relocated. 3. The City's Department of Building and Code Enforcement will not issue a building permit for the sunroom unless the foundation bears on footers that are a minimum of 30 inches into the ground. Therefore, the pole foundation presented to the Board on October 1911', 2005 would not be permitted. The Department would expect that all other necessary approvals be obtained prior to DEPARTMENT OF ENG1NEERJNG Mr. Darrell Kirkland 5480 Cayman Court December 5, 2005 Page 2 of2 undertaking the etfort to petition the Board for modifYing the existing easement. The Board may be petitioned for approval of the easement modification at that time. The Department would be happy to continue to work with you towards this end_ Sincerely, J7l~7 ?7t~ Michael T. McBride, P.E. City Engineer Cc: Ceasare Turrin, President, Woodfield HOA Board of Public Works and Safety Angie Conn, DOCS Kevin Brennan, Code Enforcement Darrell Kirkland 5480 Cayman Court Cannel, In 46033 October 3, 2005 Board of Public Works Attn: Libby Pickett, Engineering Dept. I Civic Square Carmel, Indiana 46032 Dear Board Member, The purpose of this letter is to request Board approval to replace an existing deck that encroaches in the easement area by approximately 5 tt. with a sun porch of the same dimensions. The proposed construction has been drawn in on the attached plot diagram. As background, I purchased my home at 5480 Cayman Court approximately two years ago. The bouse is located in the Woodfield Subdivision just ofT 146lh street. The builder, Springmill Builders, included a rcar deck as part of the new construction. As a buyer, I assumed that the City had approved all of the construction plans, made a final inspection, and that the house was built to code. Apparently not... as the 15X 15 deck, part oftbe original construction, extends into the easement area approximately 5 feet on the outside edge. To the immediate rear of the house is a thin tree line, one tree deep. Most of the tree line was there originally; four River Birch trees have been added to provide add- itional privacy. On the other side of the tree line is a huge open field, with the nearest building (a small free standing garage) over 100 yards away; the main residence which faces 146lh street is even further away. There are no other constructs to the rear of my house, just the U shaped open field with tree lines on 3 sides. One of the contractors for the proposed sun porch said that he thought the existing deck extended into the easement area and that I needed to go to the City for approval to encroach the easement. This was when I found out the deck, did indeed, encroach the 20 toot easement area by approximately 5 feel. After consultation with the City Engineering Department, I was informed I would have to sign a letter of encroachment but the City would not require me to modify the deck to bring it within bounds. The Engineering Department would not approve, however, the construction of a sun porch on the same footprint as the deck. As I was still adamant about wanting to convert the deck to a sun porch they suggested I get approval from the Board of Public works, hence my letter to you. I understand the purpose of the easement and would not be requesting approval to encroach it had my builder stayed within bounds. But since he didn't, and for whatever reason the City didn't "catch" it, I am now faced with the dilemma of trying to construct a sun porch on the same footprint. Considering the geography of the area, a huge open area to the rear of my house with plenty of room for City vehicles to maneuver and install utilities at some future date...the small existing encroachment, while not of my choosing, would have minimal effect on the City's ability to use the ea<;ement area. Additionally, a windfall for the city would be the increased property tax revenue gained due to upgrading the deck to a sun porch with its attendant increase in property value and subsequent taxation. I appreciate the Board considering my request and look forward to a favorable response. Sincerely, Darrell Kirkland '\' , ! "\ "'" I I . I I . J I I I I I ..... gj b, ~, !""'"l 'I ~I 5l0~ ' \. ] ~/,' . \./:: ..., I' ~.'.:.~,-'~. L - .'/ ~'l I I I I J l j 1 j I / I I I I j , I o!: -~ --- ------~ ... ">0 -, "'- , C> -<:-....: . 0", "- - o "" ~@8 Its!_..... 0-00:;: 1fu'~ "-... "-... 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