HomeMy WebLinkAboutCorrespondence Tingley, Connie S
From: SBroadwater @Simon.com
Sent: Tuesday, June 05, 2012 1:29 PM
To: Stewart, Lisa M; Pickett, Libby J
Cc: Mike_McGhee @simon.com;Tingley, Connie S; Conn, Angelina V
Subject: Fw: Docket No. Assignment: (Docket#12010003 V) 497 Wetherby Lake Dr. Pool
Setbacks
Lisa - Here is the email from Gary Duncan indicating okay to move ahead. Libby Pickett had assured me that there was
nothing needed prior to commencing construction. I believe that may have been in a phone conversation, but I'm also
looking through emails. I was told that I would need to sign a Consent to Encroach Agreement, but that could come
earlier. I was advised that nothing else was needed on this.
Craig Miser is now stating to my pool contractor that he needs something from Public Works and Safety. Carmel BZA
(Planning and Zoning) sent me to your department to get the other remaining approvals for the second docket. Is your
group "Public Works and Safety". I profess, I don't follow or understand your structure and have done everything that
anyone has told me on this project.
I really need to get this moved along please.
Thank you,
Steve Broadwater
Senior Vice President and Chief Accounting Officer
Simon Property Group,Inc.
225 W. Washington Street
Indianapolis, IN 46204
Office:317.263.7902
BB I Cell:317.603.5819
sbroadwater@simon.com
SI V N' l 38r4 T1
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Forwarded by Steve Broadwater/Simon on 06/05/2012 01:24 PM
From: "Duncan,Gary R"<gduncan @carmel.in.gov>
To: "SBroadwater@Simon.com"<SBroadwater @Simon.com>
Cc: "Conn,Angelina V"<Aconn @carmel.in.gov>,"Donahue-Wold,Alexia K"<awold@carmel.in.gov>,"Pickett,Libby J"<Ipickett@carmel.in.gov>
Date: 02/13/2012 09:39 AM
Subject: RE:Docket No.Assignment:(Docket#12010003 V)497 Wetherby Lake Dr.Pool Setbacks
Good morning Steve. Yes, I will support the encroachment if the grade(elevation)of the easement is not changed in any manner by
the project. Ideally,you would install a construction fence along the easement line and do no work on the pond side of the fence.
From: SBroadwater @Simon.com [mailto:SBroadwaterCa�Simon.com]
Sent: Thursday, February 09, 2012 10:07 AM
To: Duncan, Gary R
Cc: Conn, Angelina V; Donahue-Wold, Alexia K; Pickett, Libby J
Subject: Re: Docket No. Assignment: (Docket #12010003 V) 497 Wetherby Lake Dr. Pool Setbacks
Gary-I just left you a voicemail, but am Ito interpret from the below that you do not take exception to the portion of my request
involving the D&UE so as long as I do not impact the slope of the lot leading into the easement? I do not plan on any buildup
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necessary for this project and was only planning on a 4"stamped concrete surround being just slightly into the easement(1 1/2'to
be precise). Further, I would acknowledge that should at some point in the future it would be necessary to remove the portion of
the concrete in the easement to get access to the pond,we would of course do so. I would point out that the entire southwest
quarter of our lot would be green space an there is also a fairly large through way between the yards allowing plenty of ingress and
egress to the pond from my and the adjacent homeowners lots. Thank you for your consideration on this improvement to our home
construction.
Regards,
Steve Broadwater
SVP/Chief Accounting Officer
SIMON Property Group
Direct: 317.263.7902
Cell: 317.603.5819
On Feb 8, 2012,at 3:36 PM, "Duncan,Gary R"<gduncanPcarmel.in.gov>wrote:
Good afternoon Ms. Broadwater. I have reviewed the plan for the proposed improvements to Lot#23 in the Woods of Williams
Creek [497 Wetherby Drive].
I understand your desire to further improve your property. Platted easements can sometimes make this challenging as we try to find
a way to allow you to further your enjoyment of your property(as you have a right to)while protecting the intent of the easement
and the benefit it provides to your property and others as well.
If the proposed improvement encroaches into the easement,the current standards require a variance and a Consent-to-Encroach
Agreement.The Consent-to-Encroach Agreement is a document that acknowledges, among other things,that the improvement is
within the easement and that the easement holder has certain rights to that easement.
I do not expect the proposed improvements will have a negative impact on the function of the adjacent pond as they are above the
stated 100-year elevation of the detention facility. However, it is usually difficult for us to support such encroachments for other
reasons.
The current policy of the Department of Engineering is to not support such encroachments for, among others,the following reasons:
1. Even if the improvements do not have a negative"engineering" impact,the improvements represent what can be a significant
investment to have at risk from the easement holder.
2. In the event that at some future time it is determined that the encroachments into the easement are collectively resulting in a
problem,either for the adjacent properties or properties up and/or downstream, one remedy would certainly be to cause the
removal of all such improvements from the easement. Due to the significant investment made, I would expect that this would be a
difficult action for the City to enforce.Other alternatives would need to be pursued, if such alternatives even exist. A situation that
could certainly be avoided by not supporting encroachments into the easement.
3. Pond easements customarily also serve to allow equipment access for proper maintenance of the ponds.So, even if the
improvements are at an elevation where they do not impair the proper function of the detention facility,they can make routine
maintenance of the pond difficult and/or more expensive for the HOA or simply not possible and the condition of the pond could
deteriorate as a result.
4. Improvements in the easement such as a pool deck usually require the grade to be altered within the easement;further
reducing the effective width of the easement.
With that said, ultimately,the decision rests with the Board of Public Works and Safety.They like for us to explore all possible
options with you before we place this before the Board. I see several opportunities to not encroach into the easement or to lessen
the effect of the encroachment.
1. The screen porch and patios and decks adjacent to the structure could be reduced in dimension in favor
of the pool deck.
2. The pool and deck could be set at an elevation that altering the grade of the easement is not necessary.
Please let me know how you would like to proceed.
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Thanks so much,
Gary
Gary R. Duncan,Jr., PE
Assistant City Engineer
City of Carmel
Department of Engineering
One Civic Square
Carmel, IN 46032
(317)571-2441
(317)571-2439(fax)
gduncanPcarmel.in.gov
APlease consider the environment before printing this e-mail
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