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HomeMy WebLinkAboutCorrespondenceRE: METAL CARPORT AT 37 N GUILFORD CARMEL I am Matt Mitchel. I live at N 25 Guilford next to N 37 Guilford. Proposed carport does not look right. WE LIVE IN CARMEL!! We have a lot of great buildings and statues in old town nearby. We live in a very nice residential neighborhood. We want to keep the area upscale and maintain our houses s values. CARMEL! I worry about the landscaping by the carport. There will be a new retaining wall by my property. I will lose value on my house because metal carport clashes with the nice homes around. I suggest that 37N. Guilford owner use 6 X 6 posts and use trusses to make a matching roof connecting to the 37 N house's roof It will increase the value of the 37 N house and keep the area's values up. If you want to live in CARMEL, there's the peer demand that we live in the prettiest town in Indiana. A METAL carport look too industrial by our homes. I say NO to the METAL CARPORT. THANKS, MATT MITCHEL jZe (,f.+ kit I 1 July 20 2011 Dear BZA members, This letter is concerning the permit for the construction of a carport at 37 N. Guilford Road. Throughout this process we have attempted to follow all the ordinances and covenants to the best of our knowledge and understanding. Specifically we have done the following to attempt to gain information and/or adjust our plans to follow guidelines as we became aware ofthem: Before purchasing our house in October 2009, we contacted the City of Carmel and asked about keeping my business trailer in our driveway. We were told that as long as there is no homeowner's association, that this was allowed. Unfortunately, we didn't get this in writing, or make a note of who we spoke to. v About 6 months after moving in, we received a notice of violation from the Code Enforcement group. It stated that there was an anonymous complaint and we were told that our RV trailer could not be parked within three times the height of the RV of the property line. We moved the trailer to the other side of the driveway to be in compliance with the ordiriance. Approximately 6 months later in October 2010, we received another notice of violation based on another anonymous complaint. We were informed that the trailer was in fact a commercial vehicle and as such we needed to either remove it from the property or construct a carport to house the trailer. We researched our options ard submitted a permit app!ication for the construction of a carport to house the trailer. As part of the review process, we were informed that the carport needed to be enclosed on the south and east sides. Even though this is not specified in the ordinances, we resubmitted the permit to make this change. In addition, as the permit process began to lengthen, we were informed that the City continued to receive complaints and that the trailer must be moved off our property to be in compliance until the carport was constructed. We found a location to temporariiy store the traiter and moved it. Around this same time, we were informed by the City of Carmel that the permit might not meet the requirernents of the neighborhood covenants, We did not know that there were covenants, so we researched them, consulted with an attorney, and made the necessary changes so as not to build within 10 feet of the property boundary. We made this change even though approximately 20% of properties in the neighborhood have structures which do not meet this requirement. After receiving a valid permit we chose to wait on construction in order to inform our neighbors of our intentions via a tetter and to aUow thern an opportunity to respond. Sometime during this process, a fraudulent letter was circulated to many of' our neighbors that implied it was written by Brent Liggett 'of the CityofCarmel. This letter made -several a\le8atimmsconcerning the car-port and the trailer. in order to address this letter and to meet the requirements of notification in the neighborhood covenants, we sent a letter to many of our neighbors explaining the project and addressing the accusations put forth in the letter. In this letter (Exhibit A) 1 requested ed that any neighbors with comment or concerns about the ptan could contact me by email, phone, or in person by just coming over to the house. The neighbors chose to file a formal appeal instead of coming to me directly. The outcome of the June 27 BZA meeting was that we would meet with the neighbors to address concerns about the appearance of the carport. In our meeting with the neighbors and Mr. Hollibaugh (City of Carmel), several items were discussed. These include the neighbors' concerns over property value, integrity of the carport, appearance of the carport, and the size of the trailer. The neighbors were concerned about the effect of the carport on property values. They asserted that their property values would be adversely affected by the construction of an aluminum carport. This assertion is not true. I contacted the Clay Township Assessor and was told that building this type of structure would raise the assessed value of my property by $2,000 to $3,000 dollars. In addition, the consensus opinion in the real estate business is that property values are affected by bad maintenance. Therefore, if we were not to maintain the structure, it would affect surrounding property values the same as a dilapidated fence or spots of burnt grass. However, we obviously have no intention of letting the carport deteriorate once constructed. The neighbors were also concerned about the strength of the carport and its ability to withstand strong winds. Included in the permit is an engineer stamped copy of the building plans which state that the carport, as proposed in the permit application, can withstand winds up to 70 mph. This means it would withstand an FO class tornado. A concern about the appearance of the carport was also raised. The neighbors contended that an aluminum sided carport would not match the character of Thornhurst addition. The fact is that Thornhurst contains an eclectic mix of different architectural styles. Largely this resolves into two areas: the houses on Thornhurst Drive and along Main Street (all of which are included in the Thornhurst historical district) and the houses along Guilford Road and 764 W. Main Street (all of which are not included in the Thornhurst historical district). All of the houses along Guilford Road have some degree of siding on the house, with three houses being almost entirely sided (Exhibits B through E). Therefore, the addition of a sided carport which matches the siding of our house (Exhibit F) is definitely in keeping with the style of our house and the houses surrounding it. The final concern of the neighbors is the size of the trailer. They contend that my trailer does not comply with the ordinance governing commercial vehicles because it has a load capacity in excess of ton. This trailer has undergone extensive customization which has virtually eliminated its load capacity. The modifications include the addition of cabinetry throughout the interior of the trailer (Exhibits G and H) which effectively reduces its load capacity due to the fact that there is no place to put anything of substantial weight. It is important to note at this point that these changes to the trailer are permanent. The cabinetry is all attached directly to the frame of the trailer and cannot be removed on a whim. I was questioned concerning this issue at the June BZA meeting, and not one member of the board or Mr. Hollibaugh expressed any concern over this issue. The neighbors are interpreting the issue of 3 ton load capacity with a strict calculation involving gross vehicle weight ratings (GVWR). It is important to note that even ;4 ton pickup trucks would exceed a i4 ton load capacity when measured by this standard and thus almost all commercial vehicles would be prohibited. My trailer is structurally similar to an RV (Exhibit 1) and the allowance for keeping RVs on a property does not have any load capacity restrictions. The only restriction is that the Rv` mu!st beeither be three times the height of the •ftV from the property Tine or that it must be completely enclosed. I n conclusion, request r., ,a,w ,...a u .'F 4�� v w.r E ve he denied Ga e..3 appellants .....a.... v..x #F thaw factwi ..,Kr construction of this carport and the storage of this trailer will cause any detriment to them or their properties and can show no evidence that any ordinances are being violated. At your discretion, the addition of a door to the front of the carport is acceptable to make the carport more visually appealing. Also, to prevent any further interpretation of the 3 ton rule with regards to my trailer, we request that a specific allowance be added to your ruling that this trailer (and only this trailer) is allowed to be parked in the carport on our property. If an official variance is required, due to the neighbors' interpretation, we respectfully request that a variance be approved for the storage of our trailer. The VIN (4U01C2621AA040974) can be added to either of these rulings to ensure that the ruling is restricted to this trailer. Stanley and Angela Hunnicutt 37 N. Guilford Road Carmel, IN 46032 Thank you for your consideration of this matter. Neighbor Carmel, IN 46032 Dear Sir or Madam, Stanley A. Hunnicutt 37 N. Guilford Road Carmel, IN 46032 317 -509 -8140 I am writing to you concerning a carport I will be building on our property at 37 N. Guilford Road. Although it was my understanding that there was no homeowners association, and, thus, no rules forbidding me from parking my utility trailer in the driveway, someone anonymously lodged a complaint with the city. Because it is a commercial vehicle, I was told that I would have to park it in a properly permitted carport. To that effect, I have obtained a permit from the City of Carmel, but I wanted to address some potential issues from the Thornhurst Addition covenants. In order to show you what I am planning to do, I have attached a copy of the permit and some of the drawings which show what the finished product will look like. The specific issues of relevance in the Thornhurst Addition covenants are listed here and covered in detail below:. Property line offset of 10' Commercial use of the property Construction of a trailer on the premises Submittal of plans to a committee The covenants state that no accessory building shall be erected closer than 10' from the side line of any lot. In order to comply with this covenant, I have made special arrangements to ensure that it is at least 10' from the side line of my lot. The covenants also state that no building shall be erected for commercial use. I want to make it perfectly clear that no business is or will be performed on the property. The carport is for parking my commercial vehicle when it is not in use for business, as emergency jobs occasionally require it to be immediately available. The covenants indicate that no wailers, shacks, or outhouses shall he erected 00 any lot. This particular covenant is referring to the erection of trailers for occupation and that is obviously not the case with my commercial vehicle. Furthermore, the covenants state that all plans must be submitted to a committee consisting of Donald and Genevieve Christie or their representative.. As they have passed away and no such committee exists to my knowledge, I am submitting the attached plans to all residents of Thornhurst Addition, Section 1, for the solicitation of comments. 1 will do my best. to address any comments or suggestions you have about. this project. Lastl 1 w ish .to address the letter which was apparently pl in :the mailboxes of some residents of T:hom:burst Addition. This letter contained some untrue and inflammatory statements that I want to correct. First of all, 00 chemicals are stored in my commercial vehicle while it is in the carport. In fact, 90% of the work 1 do requires writer as the only solvent. Secondly, the comparison of my commercial vehicle to the station incident is oL..Ei:. s i <C:. f 1fii3t't�r f Iti� y �i is in the ff52o� �Fi:oS Zff �,i�rc�4iis'y_ ziti Mi..b t1. act2 p rile gli;i •4cnidiin. Lastly, 2. ^r o young, daughters and a respect for the environment and would never do anything to endanger them or my neighbors. if 1 felt. that having my commercial vehicle on nay property was a threat. to anyone or anything, I would not do it. Please look over the plans I have attached to this letter and send any comments to me either in person, byphone (509 -8140) or by email stanhunnicutt @sierramobilelabs.com) with the best way to contact you. I would appreciate no anonymous comments as it does not provide me with a chance to discuss the issues at hand. Thanks for your time. Sincerely, Stanley A. Hunnicutt yt,Z.c�C,C� [i e nq., Cro„r, rev 1,-;33e 11/16/10. Rec'd email from Darren Mast. It was a forward from Sharon Kibbe, The Mayors office had rec'd a call regarding a trailer parked in driveway. Sent certified letter to Mr. Hunnicutt. Included photo that DMast had taken on 11/10/10 with the letter. Case Created. 1/6/11. after much discussion and decision, Mr. Hunnicutt applied for permit. 2/11/11. after review, and many phone calls, emails and etc.. a Conditional Permit was released pending that Mr. Hunnicutt would submit info regarding the sides of the carport. 2/22/11. after discussing further w Mike and Angie it was decided that the info we requested as part of the conditional permit should be submitted asap. Mr. Hollibaugh sent me an email to forward to Mr. Hunnicutt regarding possible zoning issues. We asked that he address these issues. 3/16/11. Becky Feigh and other neighbors of Thornhurst contacted our office and claimed that they had rec'd a letter from me regarding the carport. I went to Thornhurst and rec'd a copy from Jim Moore. It was determined that the letter was a fraud. Mike H sent a letter to the neighborhood on 3/24 to set the record straight surrounding Mr. Hunnicutt's proposal. 3/17/11. Advised Mr. Hunnicutt that we still had not seen sufficient documentation and that we would be posting a stop work order. 3/17/11. Rec'd email from Eric Seidensticker. 3/18/11. Meeting w Mike H and John Molitor. 3/18/11. Posted Stop Work Order. 3/18/11. Sent Email to Mr. Hunnicutt reminding him of his obligation to meet local covenants /restrictions that the city cannot enforce. 3/24/11. Mike Hollibaugh letter to residents of Thornhurst. 3/25/11. Email rec'd from Mr. Hunnicutt addressing concerns the city had. Also claims in the email to make changes that he discovered needed to be made to meet requirements of local covenants. 4/11/11. Re-submittal had been completed based on emails and conversations w Owner. l informed him that he had to actually. come to the office and sign the revision plan :amendment. He did that on the 11th.. The application was discussed and approved on the 12 Let me know if I can help with anything else, Brent 5/11/11. Received email regarding appeal to permit. 5/13/11. Posted Stop Work Order. Tried to keep this as brief as possible. We have had dozens of emails, phone calls, and discussions with many people involved in this. I printed out all the emails that I believe may have relevance. Conn, Angelina V From: Sent: To: Cc: Subject: The Dept. of Community Services conference room, located on the third floor of City Hall, can easily accommodate 15 people. The meeting can occur there, at 4:30 today. Mike Hollibaugh Thursday at 4:30pm works for me. Hollibaugh, Mike P Thursday, July 07, 2011 12:48 PM 'Rick Feigh'; stanhunnicutt @sierramobilelabs.com gdduckett @sbcglobal.net; 'Jeff Everett'; jimmie.driscoll @sbcglobal.net; jimandmil5340 @att.net; fbrengle@comcast.net; T Teresa Kane'; 'Feigh, Becky'; feigh @feigh.net RE: 37 N. Guilford Meeting Original Message From: Rick Feigh [mailto:rbfeigh @iquest.net] Sent: Thursday, July 07, 2011 10:59. AM To: Hollibaugh, Mike P; stanhunnicutt @sierramobilelabs.com Cc: gdduckett @sbcglobal.net; 'Jeff Everett'; jimmie.driscoll sbcglobal.net; jimandmil5340 @att.net; fbrengle@comcast.net; 'Teresa Kane'; 'Feigh, Becky'; feigh @feigh.net Subject: RE: 37 N. Guilford Meeting Mr. Hollibaugh, Are we on for today? I need to let all parties involved know as soon as possible. Thanks, Rick Original Message From: Stanley Hunnicutt [mailto:stanhunni .cute @sierramobilelabs.co Sent: Wednesday, July 06, 2011 11:11 PM To: 'Rick Feigh' Subject: RE: 37 N. Guilford Meeting Mr. Hollibaugh, If -phis 'works for you •`a n I think you :indi' -meet Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 509 -8140 Fax: 888 675 -2498 Email: stanhunnicutt @sierramobilelabs.com 1 a 'where d Vt2 CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. Original Message From: Rick Feigh [mailto:rbfeigh @iquest.net] Sent: Wednesday, July 06, 2011 1:54 PM To: stanhunnicutt @sierramobilelabs.com Cc: mhollibaugh @carmel.in.gov; 'Rick Feigh' Subject:i37 N. Guilford Meeting Mr. Hunnicutt, I am unable to attend on Thursday afternoon but my husband is available to meet at 4 :30pm Thursday. With the short notice and the change in meeting time /day we will contact neighbors to attend. The list of concerns that I provided in an earlier email was not all encompassing- just a starting point. Listed below are additional items that neighbors have concerns with: 1. The structural integrity of the carport is a concern. 2. That the structure does not adversely affect the property values of homes located in the Thornhurst Neighborhood. 3. That the structure does not adversely affect the National Historic Registry of the Thornhurst Neighborhood. 4. Questions /concerns about the trailer(s)in question. A. Manufacturer Name B. Model C. VIN Number D. Dimensions L x W x H E. Gross Axle Weight Rating for the combined axles GAWR dual axle trailer F. Gross Axle Weight Capacity per Axle G. Tire and Rim Size 15" 16" 17" etc. H. Number of Lug nuts per wheel I. License plate number J. Factory Load Capacity K. Gross Vehicle Weight GVW 5. What is going to be stored in the trailer and /or this struture? Just the trailer? Hazardous chemicals /flammable /corrosive? 6. Cifki.:rns cae:ot teeth r i3'f` `d`iot Thorr +id' #`st NeigitEi�.ks "i ocCf. 44011id E=v'e'n allow a stru-ture to be erected for commercial purposes since it would be a violation of the Thornhurst Neighborhood covenants. 7. Would like to see a structure that matches the existing 37 N. Guilford ,home architectural style and use of similar materials- i.e. vinyl siding, hip roof with asphalt shingles, brick, etc. 8. Would like to have the entire trailer screened on all sides- including the front with some type of garage door. 9. Would like to see landscaping to screen building on the east and south sides. 10. Would prefer to have the pad /driveway area paved instead of gravel. 2 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, July 06, 2011 4:50 PM To: 'Stanley Hunnicutt' Cc: Hollibaugh, Mike P Subject: RE: 37 N. Guilford Meeting Technically, the BZA should be deciding whether or not it was correct for our Dept. to issue the permit for the carport, as it relates to the standards of the Zoning Ordinance. Becky Feigh cited several sections of the zoning ordinance for the BZA to consider... -Angie Conn, Planning Administrator Original Message From: Stanley Hunnicutt [mailto:stanhunnicutt @sierramobilelabs.com] Sent: Wednesday, July 06, 2011 3:39 PM To: Conn, Angelina V Subject: FW: 37 N. Guilford Meeting Angie, I have a question concerning procedure for the BZA. I feel the appealing parties are adding issues to the table and enlarging the issue past what they put in their original appeal. I want to hear all their concerns, but when it comes down to it, if the board has to rule, do they stick only to the concerns presented in the original appeal as the causes for the appeal? I have attached the email so that you can see what I'm talking about or you cannot get involved in the .specifics and just answer based on my question. Your choice. Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 -509 -8140 Fax: 888 -675 -2498 Email: sta£ hunnicutt @sier-raob_lela:bs w COm CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This cii'mmunicaLion a34 son ain in`roruation that is vroor ie dr: �e.i or confidential o t` e lg�7 exempt fr di re. T you are not the r .r• 'apt. i e 4 y 4:: f �c?,'� a. _:.e named addressee, you are not .authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. Original Message From: Rick Feigh [mailto:rbfeigh @iquest.net] Sent: Wednesday, July 06, 2011 1:54 PM To: stanhunnicutt @sierramobilelabs.com Cc: mhollibaugh @carmel.in.gov; 'Rick Feigh' Subject: 37 N. Guilford Meeting 1 Mr. Hunnicutt, I am unable to attend on Thursday afternoon but my husband is available to meet at 4:30pm Thursday. With the short notice and the change in meeting time /day we will contact neighbors to attend. The list of concerns that I provided in an earlier email was not all encompassing- just a starting point. Listed below are additional items that neighbors have concerns with: 1. The structural integrity of the carport is a concern. 2. That the structure does not adversely affect the property values of homes located in the Thornhurst Neighborhood. 3. That the structure does not adversely affect the National Historic Registry of the Thornhurst Neighborhood. 4. Questions /concerns about the trailer(s)in question. A. Manufacturer Name B. Model C. VIN Number D. Dimensions L x W x H E. Gross Axle Weight Rating for the combined axles GAWR dual axle trailer F. Gross Axle Weight Capacity per Axle G. Tire and Rim Size 15" 16" 17" etc. H. Number of Lug nuts per wheel I. License plate number J. Factory Load Capacity K. Gross Vehicle Weight GVW 5. What is going to be stored in the trailer and /or this struture? Just the trailer? Hazardous chemicals /flammable /corrosive? 6. Concerns about whether or not the Thornhurst Neighborhood would even allow a structure to be erected for commercial purposes since it would be a violation of the Thornhurst Neighborhood covenants. 7. Would like to see a structure that matches the existing 37 N. Guilford 'home architectural style and use of similar materials- i.e. vinyl siding, hip roof with asphalt shingles, brick, etc. 8. Would like to have the entire trailer screened on all sides including the front with some type of garage door. v Waif g to scr tree east an sides, 10. Would prefer to have the pad /driveway area paved instead of gravel. As more neighbors become involved there are going to be more questions or concerns as the process moves forward. As these concerns are brought to me I will forward them on as soon as possible. Thank you for the attached photos. Could you please send photos of all 4 sides so I can forward them to the neighbors that have requested to see the actual trailer? Becky Feigh Conn, Angelina V From: rbfeigh @iquest.net Sent: Tuesday, July 05, 2011 6:02 PM To: Hollibaugh, Mike P Cc: Stanley Hunnicutt; Conn, Angelina V Subject: RE: Meeting /Sign Mike and Stan, As I have indicated at least 8 -10 households would like to be represented at this meeting. So as you can see the difficulty in trying to nail down a good meeting time and place. That is why we suggested meeting at a neighbors house in the evening or the weekends would work best for everyone. Meeting times during the day are not going to be possible for 95% of the neighbors. A few can meet tomorrow evening around 5:30pm and can listen to what Mr. Hunnicutt has to offer as a possible alternative to the design. We then can take the suggestions back to the neighbors that can't meet and then try to arrange a final meeting. Several neighbors indicated they would like to see the trailer. So is it possible to bring the trailer to the meeting at City Hall tomorrow evening? Listed below are the neighbors concerns that were expressed during the meeting June 27th and questions asked since the meeting. 1. Would like to see a structure that matches the existing 37 N. Guilford home architectural style and use of similar materials- i.e. vinyl siding, hip roof with asphalt shingles, brick, etc. 2. Would like to have the entire trailer screened on all sides including the front with some type of garage door. 3. Would like to see landscaping to screen building on the east and south sides. 4. Would prefer to have the pad/driveway area paved instead of gravel. 5. What is going to be stored in this structure? Just the trailer or other materials? We are just as anxious to resolve this matter and will continue t� work on possible meeting time and locations. Beckl Quoting "Hollibaugh, Mike P" <MHollibaughtlacarmel.in.gov Dear Becky and Stan I think it is important to keep progressing on this, and pick up momentum now the 4th of July holiday is behind us. It would be my 1 Conn, Angelina V From: Hollibaugh, Mike P Sent: Tuesday, July 05, 2011 11:43 AM To: 'Stanley Hunnicutt'; 'Rick Feigh' Cc: Conn, Angelina V Subject: RE: Meeting /Sign Thornhurst carport appeal Dear Becky and Stan I think it is important to keep progressing on this, and pick up momentum now the 4th of July holiday is behind us. It would be my preference for us to meet in late afternoon, around 4 or 4:30, any day this week or next, how about this Thursday at 4:30 for starters Becky, would you assemble for Stan a short list of suggestions for resolving this? Be as specific as possible. Thank you, Mike H. p. 571 2422 Original Message From: Stanley Hunnicutt fmailto: stanhunnicutt Osierramobilelabs.coml Sent: Tuesday, July 05, 2011 10:55 AM To: 'Rick Feigh' Cc: Hollibaugh, Mike P Subject: RE: Meeting /Sign Ms. Feigh, I spoke with Mr. Hollibaugh about the availability of a meeting room at City Hall. He said that weekends are not a possibility and that evenings would have to be soon after work. In addition, they need some advance notice to have custodial staff, etc. Due to that, I can meet on most Mondays, Tuesdays, or Wednesdays around 4 or 5pm. Thursdays are, however, only available until 4PM. Of course, I will need your detailed list of concerns at least 24 hours before the meeting in order to be able to respond to them... Since you are having trouble coordinating schedules, this us this because �iTi Sri -i cii i7Ni u.� to �t:3ii iiDC ���1.�.� iri one meeting lii� i3�i,aiS -:mac 3 can i espoili to your zl?fi.er is. Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 -509 -8140 Fax: 888 -675 -2498 Email: stanhunnicutt Osierramobilelabs.com CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. Original Message From: Rick Feigh Finailto:rbfeigh6iquest.net1 Sent: Thursday, June 30, 2011 12:09 PM To: stanhunnicutt (asierramobilelabs.com Cc: mhollibaughOcarmel.in.gov Subject: Meeting/Sign Mr. Hunnicutt, We are working on a possible meeting time and dates. Eight to ten neighbors have expressed an interest in attending the meeting. Gayle Duckett(16 Thornhurst Dr.) has graciously offered her large patio area as a location for the meeting. It will have to be in the evening or on a weekend, so please check your availability and get back with us with what nights or weekends work for you. We would like to stop by tonight and pick up the Public Hearing sign. If you are not around just place it outside where we can find it. Thanks, Becky Feigh 2 From: Mildred Moore [jimandmil5340 @att.netj Sent: Monday, June 27, 2011 3:09 PM To: Conn, Angelina V Subject: Remonstrance Carport for Thornhurst: Addition. Angie Conn, Planning Administrator -City of Carmel Department of Community Service Please consider this communication in opposition to the permit request for a carport at Lot 4, Thornhust Addition, Iocated at 37 N. Guilfort Rd. We feel strongly that the structure is not compatible with the neighborhood and also would allow the opening for a business at that address. It is not acceptable with the existing covenant of our addition, Jim Mildred Moore 11 Thornhurst Drive Carmel, IN 46032 i Conn, Angelina V From: Conn, Angelina V Sent: Monday, June 27, 2011 10:20 AM To: indymitchel2000 @yahoo.com Subject: RE: Hearing meeting Monday June 27 Importance: High Good morning, Matt we will have someone there to interpret this evening from Indianapolis Interpreters, Inc. See you tonight, Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317 571 -2417 F: 317 571 -2426 1 E: aconn6carmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail Original Message From: Conn, Angelina V Sent: Sunday, June 26, 2011 11:17 PM To: indymitchel20000yahoo.com Subject: Re: Hearing meeting Monday June 27 Hi, Matthew: I do not think we have an interpretor lined up for you yet. We will check with the City Court Dept. Monday morning, too. Just wanted to give you an update. Sent from my Verizon Wireless Phone RS:: Reply message tY; t �1 ��a From: om: Ma i1chel '<i Ii1 dymitche1200 i.yahoo com> Date.. Thu, Jun 23, 2011 r6 :3s pm Subject: Hearing meeting Monday June 27 To: "aconnOcarmel.in.gov" <aconnOcarmel.in.gov> Dear Angie- Planning Administrator This is Matthew Mitchel I live on 25 N. Guilford Rd., Carmel. I am writing this letter and wanting to tell you that I am hard of hearing impaired. I needed an interpreter for Clay Board of Zoning Appeals meeting on the 27th day of June, 2011 at 6:00 pm in the City Hall Council Chambers. Will you provide an interpreter for the meeting? Let me know. Thanks Matt 1 Conn, Angelina V From: Chris Waters chris @indianapol!sinterpreters.com] Sent: Monday, June 27, 2011 10:19 AM To: Conn, Angelina V Subject: RE: interpreter needed for tonight's BZA meeting Thanks Angie! Christopher Waters, President Indianapolis Interpreters, Inc. 902 E. 66th St, Ste. B Indianapolis, IN 46220 phone: 317.341.4137 fax: 317.245.2322 e mail: chris @indianapolisinterpreters.com www .indianapolisinterpreters.com Please consider the environment before printing NOTICE: The information contained in this electronic mail transmission is intended by Indi•niapolis Interpreters, Inc. for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling the sender so that our address record can be corrected. From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Monday, June 27, 2011 10:18 AM To: Chris Waters Cc: Tingley, Connie S Subject: RE: interpreter needed for tonight's BZA meeting That is great news! Thanks so much! The interpreter can check in with Connie Tingley, she is the BZA secretary. The person that is hearing impaired is named Matthew Mitchel; his email address is indvmitche12000@ vahoo.com. Again, thank you! Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir, Carmel, IN 46032 0- 117 571. -241.; F: :317- 571-2426 1 E: aconn@c.assrseLin Hi Angie! Please consider ctre environment before printing #his e -mail From: Chris Waters [mai!to: chris @indianapolisinterpreters.com] Sent: Monday, June 27, 2011 10 :15 AM To: Conn, Angelina V Cc: Tingley, Connie S; Hollibaugh, Mike P Subject: RE: interpreter needed for tonight's BZA meeting We can have someone there at 6pm. Who should the interpreter check in with? What is the name of the deaf person? 1 Thanks! Chris Christopher Waters, President Indianapolis Interpreters, Inc. 902 E. 66th St., Ste. B Indianapolis, IN 46220 phone: 317241.4137 fax: 317.245.2322 e -mail: chris @indianapolisinterpreters.com www .iridianapolisinterpreters.com Please consider the environment before printing NOTICE: The information contained in this electronic mail transmission is intended by Indianapolis Interpreters, Inc. for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee)_ It should not be copied or forwarded to any unauthorized persons_ If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling the sender so that our address record can be corrected. From: Conn, Angelina V [mailto:Aconn ©carmel.in.gov] Sent: Monday, June 27, 2011 10:14 AM To: Chris Waters Cc: Tingley, Connie S; Hollibaugh, Mike P Subject: interpreter needed for tonight's BZA meeting Importance: High Good morning, Chris Friday afternoon we had an email request for an interpreter for a hearing impaired person that will be attending tonight's Board of Zoning Appeals meeting which begins at 6pm tonight. Would you be able to provide your services for tonight's meeting? The meeting will last about an hour, if that. Please let me know if you can make it to tonight's meeting, which takes place here at City Hall, 2 Floor. Sincerely, Angie Conn, Planning Administrator City of Carrnel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317 571;2417 1 F: 317 -571 -2426 I E: aconn @carmel.in.gov W: www.carrneLin.gov, /services /ROCS /DOCSDOPZ.htm Please consider .etrrmonrnenthnforse prinfina this e-mail From: Rott, Kimberly D Sent: Monday, June 27, 2011 9:12 AM To: Stewart, Lisa M Subject: FW: chris waters Here is thejcontact information. Kim Rott, Clerk Carmel City Court One Civic Square Carmel, IN 46032 (317) 571 -2440 2 Conn, Angelina V From: Liggett, Brent E Sent: Tuesday, June 14, 2011 3:55 PM To: Conn, Angelina V Subject: RE: Ordinance Question (stanley hunnicut carport) AC, Based on our earliest conversations, he is planning on parking the trailer only under the carport. The truck would be detached when the trailer is there. It is his only source of transportation. The truck would still meet the home occupation requirements of our ordinance regarding signage and size of lettering, etc...Regardless, we would only consider the weight of each individual component. Later, Brood Liggett Building Inspector Code Enforcement Building and Code Services The City of Carmel (317) 571-2491 Please consider the environment before printing this e-mail From: Conn, Angelina V Sent: Tuesday, June 14, 2011 12:37 PM To: Liggett, Brent E; Mast, Darren Subject: FW: Ordinance Question (stanley hunnicut carport) Guys Please help! How do we interpret this part of the ordinance regarding commercial vehicles and weight? Thanks so much! -angie That is exactly how we are interrupting that section. But if you are considering the vehicle and trailer as one unit wouldn't that mean both vehicle and trailer combined weight would have to meet the 3 ton requirement? So the property owner exceeds the weight limit so he cannot park the trailer on his property period? He can only park his truck under the Carport? Which way should it be interrupted? From: Feigh, Becky [mailto:bfeighOcecinc.com] Sent: Tuesday, June 14, 2011 11:57 AM To: Conn, Angelina V Subject: RE: Ordinance Question Becky From: Conn, Angelina V [mailto:Aconn(acarmel.in.aov1 Sent: Tuesday, June 14, 2011 11:30 AM To: Feigh, Becky Subject: RE: Ordinance Question 1 I think that is correct. And, also assuming that the trailer is attached to the commercial vehicle, such as the truck that pulls around a trailer that has lawn mowing equipment on it.... so it could be considered one unit. -Angie Conn, Planning Administrator Angie, From: Feigh, Becky jmailto:bfeiahCa cecinc.coml Sent: Tuesday, June 14, 2011 11:27 AM To: Conn, Angelina V Subject: Ordinance Question I was prepare our information and came across an ordinance section that I would like some assistance interrupting the correct meaning or intent of that section of the ordinance. The section is Chp.25 Section 25.26- Commercial Vehicles. Chapter 25 Sec 25.26.01.A B- Commercial Vehicles. '25.26.01 Commercial Vehicles or trailers shall not be parked, stored maintained or kept on any residentially used or zoned lot unless the vehicle has a maximum load capacity of three- quarter (3/4) of a ton or less; and A. Serves as the sole vehicular transportation of a resident of the property upon which it is parked, stored, maintained or kept; or B. Such vehicle is within a garage or carport which complies with all standards and regulations of this ordinance.' My question is- in the beginning the section states "vehicles or trailers" need not to exceed 3 /4 ton- then next 2 subparagraphs only then use "vehicle So am I to assume that those 2 subparagraphs are only talking about motorized vehicles- not trailers? Becky Feigh, R.L.A., LEED AP, Project Manager Civil Environmental Consultants, Inc. 1 North Pennsylvania Street Suite 1100 Indianapolis, IN 46204 Toll -Free: 877 -746 -0749 Direct: 317 -829 -7974 Fax: 317- 655 -7778 Mobile: 317 -650 -3250 •'http: /www.cecinc.com Senior Leadership Integrated Services Personal Business Relationships This electronic communication and any attachtnents are intended solely for the use of the person or entity to which it is addressed, and may contain infinmation that is confidential, privileged and exempt from disclosure under applicable law, including copyright law. if you are not the intended recipient of this message, you are prohibited from disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Please promptly notify the sender by reply electronic communication and immediately delete this message from your system. 2 Conn, Angelina V From: Stanley Hunnicutt stanhunnicutt @sierramobilelabs.com] Sent: Monday, June 13, 2011 11:34 AM To: Conn, Angelina V Subject: RE: request for records appeal bza docket no. 11060001 A. They were sent out on April 15 by certified mail to all residents of Thornhurst Section 1 and the residents at 16 Thornhurst Dr. and 18 Thornhurst Dr. (because they adjoin my property). Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317- 509 -8140 Fax: 888 -675 -2498 Email: stanhunnicutt Psierramobilelabs.com CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Monday, June 13, 2011 11:28 AM To: Stanley Hunnicutt Subject: RE: request for records appeal bza docket no. 11060001 A. Thank you. Do you know what date that letter was sent out? -Angie Conn, Planning Administrator From: Stanley Hunnicutt [mailto: stanhunnicutt @sierramobilelabs.com] Sent: Monday, June 13, 2011 11 :22 AM To: Conn, Angelina V Subject: RE: request for records .appeal bza docket no. 11060001 A. Thanks. 1 Will send that question to Mike. don't know how much you have looked into this particular appeal,, but the applicant mentions a letter that I sent to the neighbors concerning the project. I have attached a copy so that you have all the information for the appeal. Thanks. Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 -509 -8140 Fax: 888 675 -2498 Email: stanhunnicutt Psierramobilelabs.com CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this 1 Conn, An elina V From: Conn, Angelina V Sent: Monday, June 13, 2011 11:03 AM To: 'Stanley Hunnicutt' Subject: RE: request for records appeal bza docket no. 11060001 A. Stan- That is a great question about the 30 day time limit, and unfortunately, the Planning Director would be the only one that could answer this question He is on vacation this week) as to why he accepted this application so late. Most likely it is because Becky sent the letter on May 11. But that might be a valid point to bring up at the BZA hearing.... -Angie Conn, Planning Administrator From: Stanley Hunnicutt f mailto: stanhunnicuttCasierramobilelabs .coml Sent: Monday, June 13, 2011 10:59 AM To: Conn, Angelina V Subject: RE: request for records appeal bza docket no. 11060001 A. Thanks for getting back to me so quickly. I do have one question which comes to mind right away. The application is dated June 10, 2011. This is well after the 30 day limit for filing for an appeal. I know that the original email was sent at about 29 days, but the rules and procedures for the BZA are very clear that anything but the application form is considered an intent to appeal and not an actual appeal. So my question is, was a special dispensation given to allow this appeal, or am I missing something? Thanks. Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 509 -8140 Fax: 888- 675 -2498 Email: stanhunnicutt Psierramobilelabs.com CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. From: Conn, Angelina V. Finaiito:AconnOcarmel.in ciovi Sett: Monday, June 13, 2011 10 :C. AM To: Stanley Hunnicutt Cc: Liggett, Brent E; Hollibaugh, Mike P Subject: RE: request for records appeal bza docket no. 11060001 A. Hi, Stan The appeal application is here in the office and can be viewed Monday through Friday from 8am -5pm. Also, the major part of the application is attached, as a .pdf... This application is basically an appeal by Becky and some neighbors, to the city's issuance of the carport permit, and they need to try and prove that we were wrong in issuing it, as it relates to the zoning ordinance (and not the neighborhood covenants). Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Conn, Angelina V From: Sent: To: Cc: Subject: Attachments: Conn, Angelina V Monday, June 13, 2011 10:04 AM 'Stanley Hunnicutt' Liggett, Brent E; Hollibaugh, Mike P RE: request for records appeal bza docket no. 11060001 A. D00086.pdf Hi, Stan The appeal application is here in the office and can be viewed Monday through Friday from 8am -5pm. Also, the major part of the application is attached, as a .pdf... This application is basically an appeal by Becky and some neighbors, to the city's issuance of the carport permit, and they need to try and prove that we were wrong in issuing it, as it relates to the zoning ordinance (and not the neighborhood covenants). Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 1 F: 317 -571 -2426 E: aconnftcarmel.in.00v W: www.carmel.in.00v /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail Angie, From: Stanley Hunnicutt mailto: stanhunnicutt @sierramobilelabs.coml Sent: Friday, June 10, 2011 2:15 PM To: Conn, Angelina V Subject: request for records I spoke with the BZA department admin and she said I needed to send you the attached form and that you were out until Monday. Please contact me on Monday because I have many questions about the appeal that I need to get straight in my head before the hearing. Thanks. Stanley A. Hunnicutt President Sierra Mobile Labs, inc. Phone: 317 -509 -8140 Fax: '888- -575 -2498 CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. 3 (r N -Lk t k L May 11-, 2011 Mr. Mike Hollibaugh- Director Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 Dear Mike: Subject: Building Permit #11010015 37 N. Guilford Road- Lot #4 homhurst Neighborhood I received an email from Mr. Brent Liggett- with the Dept. of Community Services Building Code Enforcement indicating that the Building Permit #11010015- for 37 N. Guilford has been re- submitted with revised plans and was issued a building permit based on those re- submitted plans. Per your letter dated 3/24/2011 there is an option to appeal the decision of the Department of Community Services- Building Code Services. At this time the concerned residents of Thornhurst Addition are asking for a Cease and Desist Order for the above referenced Building Permit until Mr. Stan Hunnicutt- (hereby known as the `Applicant') properly meets or seeks the proper variances from the City of Carmel's Board of Zoning Appeals to allow such a structure to be erected at 37 N. Guilford Road. Several of the adjacent property owners received a certified letter in the mail on Monday- Apr. 18, 2011 from the Applicant (see attached Exhibit `A') outlining his plans and comments. I spent the weekend researching the Thronhurst Addition Covenants and the following sections of the City of Carmel Zoning Ordinance- Chapter 8: R -2- Zoning, Chapter 21: Special Use, Chapter 25 Section 25.01- Accessory Buildings Uses, Section- 25.04- Recreational Vehicles, Section 25.06- Grading Drainage, 25.18- Home Occupation and Section, Section 25.20- Outdoor Storage and Section 25.26- Commercial Vehicle and consulting with legal representation. It is from our understanding from the Applicant's letter that he is familiar with the Thornhurst Addition Covenants and made such adjust to the re- submitted plans. It is still of the opinion the residents of Thornhurst that the. Applicant has still failed to meet or cornplywith the intent of the Thornhurst Addition Covenants 'and the following City of Carmel Ordinance sections which would not allow such a structure to be erected. 41) Mr. Mike Hollibaugh Page 2 May 11, 20H Under Chanter 8 Section 8.01- Permitted Uses: Section 8.01.01- See Appendix A: Sehedidle Uses. Horne Occupation is listed as an "A" Accessory Use in a Primary Zoning District R -2 under Appendix `A': Schedule of Uses. The definition of Use. Accessory per Chapter 3 Section 3.07 Definitions-.A Use subordinate to the main Use, located on the same Lot or in the same Building as the main Use, and incidental to the main Use. The definition of Home Occupation An Accessory Use conducted in a Single Two or Multiple family dwelling which is clearly incidental and secondary to the Use of the Dwelling for dwelling purposes. (see also Section 25.18). Under Chapter 25 Section 25.18- Home Occupation: Section 25.18.01.B.2- "The Dwelling shall not hear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwellin.R;" As stated in the Applicant's letter to adjacent property owners and own admission to Dept, of Community Services Building Code Staff- the Applicant uses the "commercial trailer" for his business. The Applicant clearly states his business address as 37 N. Guilford Road on his website as well as Corporation status with the Indiana Secretary of State's Office. So Section 25.18 applies to this property address and any improvements associated with the Applicant's business shall follow the guidelines established under this section. Section 25.18.01.B.3- The Horne Occupation shall not be permitted outside storage or display of material in connection with the Horne Occupation;" The erection of a carport for the storage of the Applicant's "commercial trailer" clearly does not comply or meet the intent of this ordinance section. (The photograph is displaying a structure similar to what the Applicant is planning on erecting adjacent to his personal residence. The photo is included to merely indicate the type of outdoor storage the Applicant is proposing to erect. Please refer to revised submittal for exact plans and description. Mr. Mike Hollibaugh Page 3 May 11 Under Chapter 25 Section 25.26- Commercial Vehicles: Section 25.26.01 Commercial Vehicles or trailers shall not he parked, stored, maintained or kept on ay residentially used or zoned lot unless the vehicle has a maximum load capacity of three quarter (3/4) ofa ton or less;: and" As stated in the Applicant's. letter to adjacent property owners and own admission to Dept. of. Community Services Building .Code Staff- the Applicant uses the "commercial trailer" for his 'business. The Applicant has vet to- provide the current Weight ofthe maximum load capacity of the commercial trailer to see in fact does the trailer comply with this section of the Ordinance. Any vehicle exceeding the.above referenced weight limit would be:prohibitive under this section and would requite a variance from the City of Carmel's Board of Zoning Appeals. Section 25.26.01.B- "such vehicle is within a garage or carport which complies with all the standards and regulations of this ordinance." The storing of a commercial vehicle -d.oes not comply with Section 25.18- Horne Occupation and the setbacks associated with Seetidn25.01- Accessory Buildings or required screening associated with Section 25.20 Outdoor .Storage. UnderChapter25 Section' 25 Accessory Buildings Uses: Section 25.01.01:A.1- "Accessory Building and uses shall not alter or change the character of the premises:" oI1 is the opinion of the residents of Thornhurst Addition that the proposed structure would alter the character of the surrounding, residents. An aluminum clad carport with a gravel pad would alter the "character" of an adjacent single story brick, asphalt shingled homes that are now listed on the National Historic Registry. Section 25.01.0I:B.3.a.i.(a)- "Minimum Front Yard: 25' behind the Front of Building." According to the hand sketch site plan- the carport is located 5' behind the front of the residence. A revised plan is needed to properly locate the structure 25' back from the front facade of the existing residence. Under: Chapter 25 Section 25.20- Outdoor Storage: Section 25.20.03 "All Outdoor Storage shall provide a solid, opaque wall or fence of not less than 6' in height measured at the highest finished grade to screen the view from any adjacent residentially zoned property or public right -of ii'ay. The site plan provided does not indicate any planned screening- from Guilford Road or surrounding properties. Mr. Mike Hollihaugh Page 4 May 11, 2011 The concerned residents of Thornhurst are willing to work or meet with the Applicant to come to a solution that works best for all parties involved. Very truly yours A CONCERNED RESIDENT OF THORNHURST NEIGHBORHOOD, /2.F Becky R. Peigh, RLA, LEEP.AP Cc: Jim Brainard- Mayor of Carmel Eric Seidensticker- Carmel City Council. President Conn, Angelina V From: Hollibaugh, Mike P Sent: Friday, May 13, 2011 5:48 PM To: 'Rick Feigh' Cc: Conn, Angelina V; Tingley, Connie S Subject: RE: Thornhurst Neigborhood Addition Permit Appeal 37 N Guilford Rd Becky, Thanks for your email. We have reviewed the attached letter regarding the issuance of the .permit and other matters and want you to know that we will docket an appeal to the BZA for hearing at the June 27th BZA meeting. Please realize that a formal application for an Appeal is required. The application and can be on the DOCS website or can be picked up at the office. DOCS staff will assist you with filings and notice, etc. Please contact Angie Conn at 571 2417, or email aconOcarmel.in.gov to set a time to meet. Mike Hollibaugh p. 571 2422 Original Message From: Rick Feigh [mailto:rbfeigh(0iquest.net' Sent: Wednesday, May 11, 2011 4:07 PM To: Hollibaugh, Mike P Subject: Thornhurst Neigborhood Addition Permit Appeal 37 N Guilford Rd 1 Conn, Angelina V From: Hollibaugh, Mike P Sent: Tuesday, June 07, 2011 12:03 PM To: 'rbfeigh @iquest.net' Cc: Conn, Angelina V; Liggett, Brent E Subject: Thornhurst Neigborhood Addition Permit Appeal 37 N Guilford Rd Importance: High Dear Becky: This email is follow -up to the previous emails to you from Angie Conn and me regarding the appeal of the Hunnicutt accessory structure permit by the Department of Community Services. The Department has set a docket number for your appeal, and set a hearing date for June 27, 2011, per my email to you on May 13, 2011. Please understand that Chapter 30 of the Carmel Zoning Ordinance has established an Appeal Procedure, which provides for the appellant (you) to submit a written application form with supporting documents and materials. To date, we have not received any response from you, and time is running out to make proper public notice necessary for the appeal to be heard on June 27. In order for the appeal to occur, we will need the following from you: 1. Application for Appeal to be submitted to DOCS by the Friday, June 10. 2. Notice for Public Hearing must be submitted to the Indianapolis Star by Wednesday, June 15 3. Notice to adjoining property must be made by Friday, June 17, with proof of notice provided to DOCS. 4. Presentation and support materials for the Board of Zoning Appeals members must be provided by Friday, June 17. 5. A public notification sign, per the specifications of the City, must be placed on the subject property by Friday, June 17. It is important that you respond to this email with your understanding and intent, and, as always, please do not hesitate to contact me with any questions regarding the above. Yours truly, Mike Hollibaugh p. 571 2422 Original Message From: Conn, Angelina V Sent: Monday, May 16, 2011 10:25 AM To: 'Rick Feigh' Cc: Tingley, Connie S; Hollibaugh, Mike P Subject: RE: Thornhurst Neigborhood Addition Permit Appeal 37 N Guilford Rd Hi, Becky- (Mailed out around April 15, 2011) Neighbor Carmel, IN 46032 Dear Sir or Madam, Stanley A. Hunnicutt 37 N. Guilford Road Carmel, IN 46032 317 -509 -8140 1 am writing to you concerning a carport I will be building on our property at 37 N. Guilford Road. Although it was my understanding that there was no homeowners association, and, thus, no rules forbidding me from parking my utility trailer in the driveway, someone anonymously lodged a complaint with the city. Because it is a commercial vehicle, I was told that I would have to park it in a properly permitted carport. To that effect, I have obtained a permit from the City of Carmel, but I wanted to address some potential issues from the Thornhurst Addition covenants. In order to show you what I am planning to do, I have attached a copy of the permit and some of the drawings which show what the finished product will look like. The specific issues of relevance in the Thornhurst Addition covenants are listed here and covered in detail below: Property line offset of 10' Commercial use of the property Construction of a trailer on the premises Submittal of plans to a committee The covenants state that no accessory building shall be erected closer than 10' from the side line of any lot. In order to comply with this covenant, I have made special arrangements to ensure that it is at least 10' from the side line of my lot. The covenants also state that no building shall be erected for commercial use. I want to make it perfectly clear that no business is or will be performed on the property. The carport is for parking my commercial vehicle when it is not in use for business, as emergency jobs occasionally require it to be immediately available. The covenants indicate that no trailers, shacks, or outhouses shall be erected on any lot. This particular covenant is referring to the erection of trailers for occupation and that is obviously not the case with my commercial vehicle. Furthermore, the covenants state that all plans must be submitted to a committee consisting of Donald and Genevieve Christie or their representative. As they have passed away and no such committee exists to my knowledge, I am submitting the attached plans to all residents of Thornhurst Addition, Section 1, for the solicitation of comments. I will do my best to address any comments or suggestions you have about this project. Lastly, I wish to address the letter which was apparently placed in the mailboxes of some residents of Thornhurst Addition. This letter contained some untrue and inflammatory statements that I want to correct. First of all, no chemicals are stored in my commercial vehicle while it is in the carport. In fact, 90% of the work 1 do requires water as the only solvent. Secondly, the comparison of my commercial vehicle to the gas station incident is offensive. My company is in the business of cleaning up sites exactly like the gas station. Lastly, I have two young daughters and a respect for the environment and would never do anything to endanger them or my neighbors. If I felt that having my commercial vehicle on my property was a threat to anyone or anything, I would not do it. Please look over the plans I have attached to this letter and send any comments to me either in person, by phone (509 -8140) or by email (stanhunnicutt @sierramobilelabs.com) with the best way to contact you. I would appreciate no anonymous comments as it does not provide me with a chance to discuss the issues at hand. Thanks for your time. Sincerely, Stanley A. Hunnicutt A A A t r Liggett, Brent E From: Stanley Hunnicutt stanhunnicutt @sierramobilelabs.com] Sent: Friday, March 25, 2011 2:26 PM To: Liggett, Brent E Cc: Hollibaugh, Mike P Subject: RE: drawing (Hunnicutt) Attachments: image001.png; Carport drawings 20110324.pdf Brent, I have all the information to address the comments Mike had on the carport permit. There are two drawings in this email's attachment that show the final layout and the supports for the retaining wall. Here are specific responses to the comments Mike made: Comment: I am concerned about the retaining wall and whether it will have sufficient strength to hold the structural loads, along with the vehicle, etc. Response: The support structure is shown in the second drawing in the attachment. A threaded steel rod will be inserted through the middle of the 4" x 6" treated landscape timbers and embedded into the concrete pier recommended by the manufacturer (Their recommendations include eight piers per side and a size of 8" in diameter and 18" deep). The timbers and the carport rail will then be secured with a lock nut and washer. In addition, after discussion with several carpenters who have done these kinds of projects, the landscape timbers were increased from 4 "x4" to 4 "x6" for added stability. Although it is not clearly shown on the drawings, the north side of the carport will have concrete piers that match those on the south side. The only difference in the north side is that only one (or possibly two at the rear) landscape timber will be necessary because of the higher ground surface. Comment: It is not clear that the siding details how the siding will be attached to the frame, can you ask him for a detail of that? Response: As shown in the instruction manual included with the original permit application, the siding is attached to the frame with screws. The screws are paint matched to the siding. Comment: What about drainage between the existing garage and the proposed structure? Response: The entire area under the carport and between the house and the carport will be covered in gravel. This gravel will allow drainage to take place in the same fashion as before the carport is installed. The water will drain south under the carport. In heavy downpours, there is additional drainage to the south as the surface is gradually sloped (perhaps five degrees) in that direction as well. Comment: What will the siding look like on the east side of this? how will it look where the wall and wood come together? (or will it be open on both ends? Response: The siding on the east side will affix to the last support rib. This will produce a closed end with no gaps and the carport roof will overhang this end by approximately 11 The landscape timbers will wrap around the east end of the carport in order to maintain a consistent look and not leave unsightly gaps. At the southeast corner the side and rear siding will meet at the last carport rib support. The seam will then be covered with a paint matched corner cover to provide a consistent look with the existing house. I have also looked into the neighborhood covenants for Thornhurst Addition. I know that the City of Carmel permitting department is not responsible for enforcing these covenants, but they did cause me to make an important change in the plans that I want to point out. The property line offset for the neighborhood is 10'. This requires me to reduce the width of the carport to 10.5' and move the carport 6/22/2011 Page 1 of 4 so that it touches the roof overhang on the house. This will still leave a 1' gap between the carport and the existing garage wall. I have also moved the carport back from the front of the house to avoid a rain gutter on the first 3' of the house roof. The attached drawings indicate my final plans unless the permitting department finds some things that need to be changed. Please let me know if any such changes need to be made or when I can proceed with construction. Thanks. Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 509 -8140 Fax: 888- 675 -2498 Email: stanhunnicutt @sierramobilelabs.com CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. From: Liggett, Brent E [mailto:bliggett @carmel.in.gov] Sent: Friday, March 18, 2011 3:49 PM To: stanhunnicutt @sierramobilelabs.com Cc: Hollibaugh, Mike P; Mast, Darren; Blanchard, Jim E Subject: FW: drawing (Hunnicutt) Stan, Here is the list of details that we went over earlier today. Also, as I stated Mike will be meeting with our plan commission attorney next week to see what other steps may need to be taken. When you re- submit these items please note any changes in size, etc...that you would like to make. Also, you will want to look into any covenants restrictions of Thornhurst that could be an issue with neighbors. I know that you said that you purchased that home because you didn't believe that there were any restrictions but that may not be accurate. Keep in mind that we will be sending a letter to the neighborhood to inform them that the forged letter placed in the mailboxes was not sent by the City of Carmel. Thank you again for your continued cooperation through out this process. I will contact you on Monday the 28th to see where you are on these issues. Thanks, re' t Liggett Building Inspector Code Enforcement Building and Code Services The City of Carmel (317) 571 -2491 Please consider the environment before printing this e-mail From: Hollibaugh, Mike P Sent: Friday, March 18, 2011 3:10 PM To: Liggett, Brent E; Conn, Angelina V 6/22/2011 Page 2 of 4 Cc: Blanchard, Jim E Subject: RE: drawing (Hunnicutt) Brent, Thanks for sending this on. After looking over the drawings, I have a number of questions /concerns to run by you. Would you ask Jim Blanchard if he has any concerns too? I am concerned about the retaining wall and whether it will have sufficient strength to hold the structural loads, along with the vehicle, etc. o It is not clear that the siding details how the siding will be attached to the frame, can you ask him for a detail of that? What about drainage between the existing garage and the proposed structure? What will the siding look like on the east side of this? how will it look where the wall and wood come together? (or will it be open on both ends? I noticed that a "stop work" has been placed which will give some time to get some of these details worked out. You should let Mr. Hunnicutt know that what he is proposing to do, although it may meet zoning, does not appear to meet the recorded covenants for Thornhurst Addition in regard to setback and, possibly, land use. That may become an issue with his neighbors now that they have all been `alerted' to this project. I plan to talk with the Plan Commission attorney about this next week you and I can talk more about this when you get back in the office. I appreciate your effort on this, hope you and the family have a nice time away next week. Mike From: Stanley Hunnicutt [mailto:stanhunnicutt©sierramobilelabs.com] Sent: Thursday, March 17, 2011 12:59 PM To: Liggett, Brent E Subject: RE: drawing Stanley A. Hunnicutt President Sierra Mobile Labs, Inc. Phone: 317 509 -8140 Fax: 888 675 -2498 Email: stanhunnicutt @sierramobilelabs.com 6/22/2011 Page 3 of 4 Brent, Attached is the revised drawing for the carport showing the house and all dimensions. Please note the drawing is not to scale. In order to enclose the rear of the carport and still fit the entire trailer inside, the carport has been extended by 4.5' to a total length of 31.5'. This will incur an extra cost for me, but if this is what it takes to complete the project, I am willing. It is my understanding that this is all I need to submit at this time. Please let me know if I am incorrect or if you need me to come in to sign something for this addendum. CONFIDENTIALITY NOTICE This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e -mail and delete all copies of the message. From: Liggett, Brent E [mailto:bliggett @carmei.in.gov] Sent: Wednesday, March 16, 2011 4:34 PM To: stanhunnicutt@sierramobilelabs.com Subject: drawing Stan, I wanted to send you a reminder that you need to submit an updated plan of what your project will look like once finished. Based on the email we sent you in February and the conditions put on the permit application I would like you to submit that to us prior to beginning construction. If you were to begin building it prior to getting this information there is a chance we would post a stop -work order on the project. Thanks for your cooperation, Brood Liggett Building Inspector Code Enforcement Building and Code Services The City of Carmel (317) 571 -2491 bl iagett @carmel. in.00v 6/22/2011 A Please consider the environment before printing this e-mail Page 4 of 4