Jody Smith Kent told the Public Works and Safety Board on Sept. 3 that revised pool drawings reduced the portion of a proposed pool encroaching on a utility and drainage easement at 532 Fireflies Circle. The board approved the encroachment request subject to conditions and to the homeowner's providing documentation of required utility agreements.
Smith Kent said there are no utilities in the backyard and that she has had multiple Indiana 811 markouts this year. City staff noted the engineering division did not recommend approval because the subdivision plat covenant prohibits structures in the easement, but staff presented conditions to mitigate risk.
Conditions discussed include obtaining a letter or agreement from the utility (referred to in the packet as an AES agreement) and an executed approach agreement. The homeowner said those steps were already under way and agreed to provide copies to city staff if the board approved the encroachment. The board approved the request by vote.
Why it matters: encroachments into drainage and utility easements can restrict future access for maintenance or emergency repairs; approvals typically carry conditions to protect utilities and keep property owners liable for restoration.
The board asked the homeowner to provide the executed utility agreement to staff and building department representatives when complete.