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212 Red Oak Ridge - Heldt (Variance)November 6, 2014 JAMES BRAINARD Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 MAYOR RE: REQUEST FOR VARIANCE (IMPROVEMENT IN THE RIGHT OF WAY /BASKETBALL GOAL) — 212 RED OAK RIDGE, CARMEL, INDIANA Dear Board Members: Mr. & Mrs. Thomas G. and Heidi A. Heldt, property owners of common address 212 Red Oak Ridge have requested a variance from Section 6- 227(a)(4) of the City of Carmel Code for an existing basketball goal the Right -of -Way for Red Oak Ridge. The basketball goal has been installed at the location indicated on the attached exhibit. The Department recommends that the Board approve the variance conditioned upon the following: 1. Petitioner enters into a Consent -to- Encroach Agreement (which will more specifically identify the locations of the encroachments) with the City and records the Agreement. 2. Petitioner (and successors and assigns) agrees to remedy (including removal of the basketball goal and /or relocating the basketball goal from the installed location) any issues that, in the opinion of the City, are resulting in a Detriment as defined in City Code. Sincerely, Jeremy Kashman, P.E. City Engineer S: \BPW 14\ 212REDOAKRIDGEBASKETBALLGOALVARIANCE .DOC ONE Civic 1391143 DI i w i.vusxr or E>crNE[RINI CARMEL. IN 16032 OFFICE 3175712441 EMIT. engineering €eaund- In.gnc F44 3175712439 7ecember 18, 2013 Amanda Foley Department of Engineering City of Carmel One Civic Square Carmel, IN 46032 Re: Notice of Correction Order Pe qt LY D�'vr% "' 1 Q,1 t We are writing in response to a Notice of Correction Order we received on December 11, 2013 to remove a basketball goal on our property at 212 Red Oak Ridge, Carmel, IN 46033. We would like to appeal the Correction Order and request a hearing with the City. We are requesting that the City of Carmel Board and Engineering Department revoke the letter of correction and provide us with a variance and consent to approach for our basketball goal. We have spoken with Amanda Foley and met on site with Gary Duncan to discuss the situation. We believe the City of Carmel can allow this goal to remain where it is affixed due to the following reasons: Red Oak Ridge is a very short street that ends in a cul -de -sac. There are 7 homes that have driveway access to the street and only 3 homes on the actual cul -de- sac. The road is infrequently trafficked by vehicles other than those approaching the three homes on the short cul -de -sac. The basketball goal is located at the end of the street on the left side of the cul -de -sac. It would be extremely difficult for a vehicle to hit the goal based upon its location and the curve of the cul -de -sac where cars turn to head backup the street. We have never had an experience in which this goal has hindered any vehicle traffic in the cul -de -sac; including tree removal trucks with cranes, dump trucks, mail trucks, semi - trucks, and cars. As the homeowners at 212 Red Oak Ridge, Carmel, IN , we are willing to assume all responsibility for the basketball goal and the City of Carmel will not be held liable for anything related to the basketball goal at our property. We respectfully request the Engineering Department and the City Board hear our appeal and allow us to keep the basketball goal in its current location. We can provide photos of the basketball goal as well as meet with any board members at our home to discuss the goal. Thank you for your consideration. Sincerely, m Heldt 4/04. Wad" Heidi Beldt �.' January 28, 2014 'i ®o fl m e s ;, HOW' mina- CITY°" OF ARMEL Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 JAMES BR AINARD, MAYOR RE: Appeal of Notice of Correction Order; 212 Red Oak Ridge Dear Board Members: The City of Carmel Department of Engineering (Department) issued via Certified Mail a Warning Citation dated October 28, 2013 to the owners of the property, Thomas and Heidi Heldt, with a common address of 212 Red Oak Ridge. The Warning Citation identified that a basketball goal had been installed within the right -of -way of Red Oak Ridge and requested that the basketball goal be removed. The Domestic Return Receipt indicates that the Warning Citation was received by the Addressee on October 29, 2013. The Department then issued via Certified Mail a Notice of Correction Order dated December 11, 2013 (Notice) to the owners of the property. The Domestic Return Receipt indicates that the Notice of Correction Order was received by the Addressee on December 12, 2013. On or about December 26, 2013 (because of the closure of City I-Iall on December 24th and 25th), the Department received a Notice of Appeal (Appeal) dated December 18, 2013 from the property owners requesting an appeal of the Notice and a request for the Board to approve a variance for the basketball goal to remain. Such an appeal is allowed by Carmel City Code Section 6 -220 (h) if made within ten (10) days of the property owner's receipt of a Notice of Correction. The envelope containing the Appeal was post marked December 23, 2013. Pursuant to Carmel City Code Section 6 -220 (11) (7), the Appeal stays any enforcement of the Notice until the Board of Public Works rules on the appeal. The Department understands that pursuant to Cannel City Code Section 6 -220 (h) (2), a hearing has been scheduled for 10:00 am, local time, on February 5, 2014 in the City of Carmel Council Chambers. Pursuant to Carmel City Code Section 6 -220 (h) (4), prior to ruling an appeal, the Board shall make certain findings. The Department offers the following in support of this requirement: 1. The violator was served with a notice of correction order as provided by subsection (g)(4) of this section. The attached Notice is a copy of the Notice of Correction Order that was issued. The Notice complies with Carmel City Code Section 6 -220 (g) (4) and was served via certified mail in conformance with subsection (b). 2. The notice of correction order that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; and a specific time period for DEPARTMENT OP ENGINEERING ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317571.2441 FAX 317.571.2439 EMAIL engineering @carmel.in.gnv Board of Public Works and Safety January 28, 2014 RE: Appeal of Notice of Correction Order; 212 Red Oak Ridge Page 2 of 2 abatement of violation. The attached Notice is a copy of the Notice of Correction Order that was issued. The Notice complies with Carmel City Code Section 6 -220 (g) (3). 3. Within the time period stipulated by the notice of correction order, the violator failed to comply with the correction order by not abating the violation, and /or not bringing into compliance with City of Cannel Property Maintenance Code. As of January 28, 2014, the basketball goal remains installed within the right -of -way. 4. Upon expiration of the date indicated for compliance in the correction order, the premises or structure was being maintained in violation of specific provisions of the City of Carmel Property Maintenance Code and /or conditions imposed by Board of Public Works as a prerequisite to the modification of previous compliance order. As of January 28, 2014, the basketball goal remains installed within the right -of -way. 5. Determination that a violation exists on the property. The attached exhibits identify the location of the basketball goal. The exhibits clearly show that the basketball goal is within the City right -of -way in violation of the City of Carmel Property Maintenance Code. The Appeal does not affect the Department's opinion that the basketball goal represents a hazard to pedestrians and vehicular traffic. The main steel post and handle that adjusts the height of the backboard is a hazard to pedestrians using the sidewalk. The netting at the rear of the basketball goal represents a hazard to pedestrians using the sidewalk. The main steel post is set in a concrete base and is not attached to the base with "breakaway" bolts that are customary for other improvements in the right -of -way (like signal poles, street signs, etc.). Further, it is not apparent that the installing contractor obtained a right -of- way permit for the work. The Department recommends that the Board affirm the Notice and require immediate compliance with the Notice. Sincerely, Z2,44' Michael T. McBride, P.E. City Engineer Attachments E:\shared \Board of Public Works \BP W 14\2 12REDOAKRIDGEAPPEA Ldoc �m'r�te9� ocQ Q. , CITY OF CARMEL JAMES BRAINARD, MAYOR October 28, 2013 Thomas and Heidi HeIdt 212 Red Oak Ridge Carmel, N 46033 Re: Warning Citation Dear Mr. and Mrs. Heldt: The City recently inspected the area and discovered an obstruction in the right -of -way. The inspection identified that a permanent basketball goal and net in front of the property located at 212 Red Oak Ridge, a property listed under your ownership, is in the City's right -of -way and represents a violation of City Codes §6 -227 (a)(4), (a)(5) and (6). This letter serves as a Warning Citation pursuant to Carmel City Code Section §6- 220(g)( I). A. Description of the Real Estate: The property located at 212 Red Oak Ridge, Carmel, IN 46033. R. Statement of Violations: Carmel City Code Section §6 -227 (a)(4): No temporary or permanent improvements shall be installed, placed or stored within platted or dedicated right -of -way; (a)(5) No person shall alter or modify existing grading or ground surface elevations within easements or rights -of- way at any time; (a)(6) No person shall alter or modify existing City of Carmel, public or other improvements within easements or rights -of -way at any time without proper approvals; and §6 -222 (a)(6): Existing improvements determined to be in violation of this code or determined to be non - conforming to the current City standards shall be remedied under the provisions of' this code by the owner or responsible party. C. Reason for Issuance of Warning Citation: The current improvements, in the opinion of the Department of Engineering, represent a hazard within public right -of -way. D. Correction Order: Remove the basketball goal and net from the right -of -way and restore the right -of- way where the basketball goal was located. E. Right of Appeal: Pursuant to Carmel City Code Section 6 -220 (g)(1), there is no right to appeal this Warning Citation. Prosecution of the Violation: Pursuant to Carmel City Code Section 6 -220 (g)(l), the City will issue a Notice of Correction Order pursuant to Carmel City Code Section 6- 220(g)(3) unless the property is restored in a manner that is consistent with the Correction Order no later than November 27, 2013. If you have any questions regarding this matter, please feel free to contact me at (317) 571 -2441. Thank you for your cooperation. Respectfully, ainitat Amanda Foley Staff Engineer itee7 DumuoMu.vr OF ENGINEERING ONE Civic Spt'ARE. (L ini-a. IN 46032 On°ice 3 17.771 2 i-ii FAX 317.571.2139 EMAII. cngincenggtkannel in ;gov December 11, 2013 Thomas and Heidi Heldt 212 Red Oak Ridge Cannel, IN 46033 CI 'I OF CARMEL JAMES BRAINARD. MAYOR RE: Notice of Correction Order This letter serves as a Notice of Correction Order pursuant to Cannel City Code Section 6- 220(g)(2). A. Warning Citation: The letter issued by the Department of Engineering on October 28, 2013 shall serve as the Warning Citation pursuant to Cannel City Code §6 -222 (g)(1). B. Description of the Real Estate: The property located at 212 Red Oak Ridge, Carmel, IN 46033 C. Statement of Violations: Carmel City Code Section §6 -227 (a)(4): No temporary or permanent improvements shall be installed, placed or stored within platted or dedicated right -of -way; (a)(5) No person shall alter or modify existing grading or ground surface elevations within easements or rights -of -way at any time; (a)(6) No person shall alter or modify existing City of Carmel, public or other improvements within easements or rights -of -way at any time without proper approvals; and §6 -222 (a)(6): Existing improvements determined to be in violation of this code or determined to be non- conforming to the current City standards shall be remedied under the provisions of this code by the owner or responsible party. D. Reason for Issuance of Notice: The current improvements, in the opinion of the Department of Engineering, represent a hazard within public right -of -way. E. Correction Order: Remove the basketball goal and net from the right -of -way and restore the right -of -way where the basketball goal was located. F. Right of Appeal: Pursuant to Cannel City Code Section 6 -220 (g)(3)(e) you have a right to appeal this Notice of Correction Order to the Board of Public Works and Safety in accordance with Carmel City Code Section 6- 220(h). DEPARTMENT or ENCINE :RI,Nu ONE C]vJc SQUARE, CARAMEL, IN 46032 Orncr :317.57 1.24,0 FAX 317,57 t.2.09 L.Jldll, enginecnng eli mel.in.,oc 212 Red Oak Ridge Notice of Correction Page 2 of 2 G. Prosecution of the Violation: Pursuant to Carmel City Code Section 6 -220 (f)(3) the Engineering Department will pursue prosecution of the violations unless: 1. The Correction Order is completed within 30 -days of the issuance of this letter. 2. An appeal is filed in accordance with Cannel City Code Section 6- 220(h). Sincerely, Amanda Foley Staff Engineer i I' • 4 ;4Cc l!PilA _ • _ • ••1 IV% - _ o.l..a r c:: fr ste4,1ei f ariitral as � g'b� � �,�R+4� t : g L�.7� �.•.u:.. ,Ycs =war i =4. f.". 't - zj?yy�!.- •-�a_ti` -A ° �[e.," 3resz=a• ,v..-. -_ -it- t .r`.tu.s a Wt- sEt� it..tT9r t„'S.. 1et q '_ _"1..01 t. -ctt. p \ YJ • � �L'. 'du 1 A�� � r iY }jtl a ,.... n w , ma„_ ,..CIk•er.:'• vii iw •C.a y'n +e,- '.s •+:{ of ',i 7' " .:�. W , Q� 'Tro gush r December 11, 2013 Thomas and Heidi Heldt 212 Red Oak Ridge Cannel, IN 46033 gIMP I, Ira III CITY OF CARMEL RE: Notice of Correction Order This letter serves as a Notice of Correction Order pursuant to Carmel City Code Section 6- 220(g)(2). A. Warning Citation: The letter issued by the Department of Engineering on October 28, 2013 shall serve as the Warning Citation pursuant to Carmel City Code §6 -222 (g)(1). B. Description of the Real Estate: The property located at 212 Red Oak Ridge, Cannel, IN 46033 C. Statement of Violations: Cannel City Code Section §6 -227 (a)(4): No temporary or permanent improvements shall be installed, placed or stored within platted or dedicated right -of -way; (a)(5) No person shall alter or modify existing grading or ground surface elevations within easements or rights -of -way at any time; (a)(6) No person shall alter or modify existing City of Carmel, public or other improvements within easements or rights -of -way at any time without proper approvals; and §6 -222 (a)(6): Existing improvements determined to be in violation of this code or determined to be non- conforming to the current City standards shall be remedied under the provisions of this code by the owner or responsible party. D.. Reason for Issuance of Notice: The current improvements, in the opinion of the Department of Engineering, represent a hazard within public right -of -way. E. Correction Order: Remove the basketball goal and net from the right -of -way and restore the right -of -way where the basketball goal was located. F. Right of Appeal: Pursuant to Cannel City Code Section 6 -220 (g)(3)(e) you have a right to appeal this Notice of Correction Order to the Board of Public Works and Safety in accordance with Cannel City Code Section 6- 220(1). DErARtmEyr or ENGINEERING ONE CR lc SQUARE, CARAIEL, IN 46032 OI'FCCE 317.;71.2441 FAN 317.571 2139 EMAIL cnginceringibcrmcl.in.gs) 212 Red Oak Ridge Notice of Correction Page 2 of 2 G. Prosecution of the Violation: Pursuant to Carmel City Code Section 6 -220 (0(3) the Engineering Department will pursue prosecution of the violations unless: 1. The Correction Order is completed within 30 -days of the issuance of this letter. 2. An appeal is filed in accordance with Cannel City Code Section 6- 220(h). Sincerely, Amanda Foley Staff Engineer